Alberta Landlord Tenant Act
Alberta, Canada, has a number of laws that provide rights, protections, legal recourse and responsibilities to landlords and tenants in the province. These laws are contained in the Residential Tenancies Act, covering a wide range of situations that arise during a landlord-and-tenant relationship.
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Security Deposit
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There are limitations on how much an Alberta landlord can charge for a security deposit. The security deposit can only be equal to one month's rent or less. For tenancies that continue through multiple lease terms, only the original security deposit can be charged. Rent increases cannot add to the security deposit amount.
The Residential Tenancies Act also specifies how and when a landlord returns the security deposit. There are two specific situations with security deposits--one where the landlord does not need to deduct from the deposit, and one where he does. If there are no deductions required, the full security deposit plus interest is sent to the former tenant within 10 days. If deductions are required, the landlord can either send a list of itemized deductions with the rest of the deposit in 10 days, or send the itemized deduction list in 10 days and follow up with the actual cost of repairs and the rest of the security deposit within 30 days.
Right of Entry
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Alberta landlords have limited rights to entry in a rental unit when a tenant is living there. He does not have the ability to show up whenever he feels like it. Twenty-four hours' notice is required for valid entry reasons, such as making repairs. The only exceptions to the notice rule are if the landlord has reasonable cause to believe the rental unit is abandoned or it is an emergency.
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Repairs
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Many repair responsibilities are laid out by the lease agreement itself, but there are several repair stipulations in the Residential Tenancies Act that landlords and tenants must adhere to. The main responsibility for landlords is ensuring that the rental unit meets the standard defined in the Public Health Act. Major house repairs are the landlord's responsibility in order to keep the unit livable. A tenant is responsible for minor repairs not impacting livability as well as repairs needed because of the tenant or his guests.
Residential Tenancy Dispute Resolution Service
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Alberta has a system in place to mediate landlord and tenant disputes before they end up in court. The Residential Tenancy Dispute Resolution Service provides mediation for parties residing in Calgary, Northern Alberta and Edmonton. A tenancy dispute officer acts as a mediator in any dispute. There is a limit of $25,000 for cases handled by this service.
Court Remedies
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When disputes escalate beyond the ability of a mediator to manage, the disputes go to court. There are a number of legal remedies available to landlords and tenants in the event of disputes. The two primary reasons that a landlord goes to court is to obtain eviction orders or money judgments for back rent.
Tenants bring court action in Alberta because of a landlord's not providing proper possession of the home at the beginning of the lease agreement, landlord harassment, lease abatement, violation of tenant rights or lease terms or receiving compensation for maintenance outside the scope of the tenant's responsibilities.
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