This workshop provided information and tips about renting your own place in Calgary, so that you can make informed decisions and avoid preventable issues.
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Residential Tenancies Act (RTA)
Residential Tenancies Act (RTA)
RTA applies to:
RTA applies to:
Those who rent an apartment, house, basement suite, condo, or subsidized public housing. This includes a self-contained suite as well.
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RTA doesn't apply to:
RTA doesn't apply to:
Students who are living in a dormitory that is owned by the university. The university dormitories will have their own set of rules with their lease.
If the tenant shares a living space, kitchen, etc. (i.e. renting a room) with their landlord. This situation will require them to have their own agreement and conduct rules on the lease.
Definitions
Definitions
Tenant
Tenant
The person renting and who's name is on the contract.
Landlord
Landlord
The owner of the property or the manager of the property.
Contract
Contract
A legally binding agreement between you and the landlord. Has the force of the law behind it.
Rent
Rent
What you must pay every month to the landlord.
Tenancy
Tenancy
The legal right to live in a residential premises that someone else owns. Exclusive use of the premises.
Fixed Term Tenancy
Fixed Term Tenancy
A tenancy that begins on a specific day and ends on a specific day.
Periodic Tenancy
Periodic Tenancy
A tenancy that has no end date. Most are month to month.
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Inspection Report
Inspection Report
Documents the condition of the rental unit.
Security Deposit
Security Deposit
Sometimes called the "damage deposit". Money held by the landlord and applied for damage or other obligations of the tenant. It cannot be more than one month's rent.
Residential Tenancy Dispute Resolution Service (RTDRS)
Residential Tenancy Dispute Resolution Service (RTDRS)
An alternative to the courts for resolving disputes.
Eviction
Eviction
The procedure used to remove the tenant from the premises.
Distress
Distress
Remedy for the landlord to seize your property when you haven't paid the rent.
This does not end the tenancy.
Starting a Tenancy
Starting a Tenancy
Contract
Contract
A contract, also known as a lease, is a legally binding agreement which can be verbal or written. More than one person can be named on the lease and it is always recommended to get a written contract so you have proof of what your rights and responsibilities are. Everything that is agreed upon for the tenancy should be included in the contract to avoid any misunderstandings.
Information the Contract Should Have
Terms and conditions
Rent amount
Address of the area of residence
Who is on the lease (so no unauthorized tenants can stay there)
Who pays and does maintenance to the unit (most of the time it is the landlord)
Any additional fees
Pet fee
Replacement fee
Late rent fee
Changing a Contract
There is no guarantee that the contract can be changed after it has been signed, so take your time in fully negotiating and understanding what you are agreeing to. The contract may be changed if both parties agree to it, but if your landlord is trying to coerce you into changing the contract, do not feel obliged to comply. You do not need to sign or change a contract to conditions that you do not agree to.
Inspection Report
Inspection Report
This is a mandatory requirement and must be done ideally a week before the tenant moves in. It is ideal that both the landlord and tenant be present for this inspection.
Purpose of the Inspection Report
It is important for the tenants to attend the walkthrough, so they can identify the condition of the space and verify that what is going to be written in the report is accurate. The purpose of the inspection report is that the tenant only has to pay for the damages that they cause themselves. So, make sure to document everything from the inspection report in writing to provide both the landlord and the tenant with—it is important to make sure to keep a copy of the report yourself.
Not Present During the Inspection Report
If you are not for some reason able to do a walkthrough during inspection report before the start of your tenancy the landlord can do the inspection report before you arrive, but for it to be applicable it is important for you to agree with it and its content. Do not agree to an inspection report before you have seen and evaluated your area of residence yourself. It is important that the inspection report needs to be signed by both the tenant and the landlord, for it to be in effect, so if you d not agree with the report, or want to add more to it, hold off on signing a more accurate report. If you would like, you can also request for another inspection report to happen as early as possible.
Security Deposit
Security Deposit
This is also commonly referred to as a "damage deposit". A tenant's security deposit cannot be more than one month's rent. Your deposit also needs to be deposited within two days of receipt (when the tenant paid the landlord)—this is put in a different account than what your rent goes into.
If a tenant has caused no damage while living in the landlord's area of residence, when they leave that residence they will receive their security deposit back in full. The security deposit must be returned within 10 days of the end of the tenancy.
Use of the Security Deposit
A move-out inspection report is done when the tenant is leaving this area of tenancy, and all the damage they have caused to the property while living there is taken out of their security deposit. This is why it is important to have a copy of your inspection report from when you moved into your space, so you can clear misunderstandings about what damage you have caused and what your responsibilities are to cover.
Security Deposit Interest
Starting January 2024 the government of Alberta has included a Minimum Annual Interest Rate of 1.6% on the tenant's security deposit. This is money that will come back to the tenant at the end of every year living in their tenancy.
Living There
Living There
Tenant Obligations
Tenant Obligations
Paying the rent when it is due.
Do not perform illegal activities or business of any sort, on or off the premises.
Do not endanger the property or people residing in it.
Do not cause any significant damage to the premises or common areas.
Maintain the premises in a reasonably clean condition.
Do not interfere with the rights of the landlord and other tenants as well.
Vacate the premises at the end of your term of tenancy, or whenever your contract is terminated.
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Landlord Obligations
Landlord Obligations
Provide the tenant with a contract/lease within 21 days.
Have the place of tenancy ready by the agreed-upon date.
Provide the tenant with a notice of landlord, which has their name and physical location.
Do not enter the tenant's premises without consent, or too often as to be bothering their personal space and peace.
Perform the repairs and maintenance to ensure the premises meet the minimum housing standards.
Meet the record-keeping requirements of three years.
Do not perform any retaliatory action including financial penalty or termination due to the tenant making a complaint under the RTA or PHA.
Rent
Rent
Rent is the agreed upon payment in the contract, that the tenant has to provide the landlord with every month. Rent also includes any non-refundable fees to the landlord.
It is important to pay your rent on time, so be sure to get a receipt for verification of payment. It is common for tenants to get evicted for non-payment of rent so be sure to keep copies as proof of all rental payments or you can also see these transactions through your bank records/statements. The only time you can withhold rent is if they do not give you a copy of the contract.
Rent Increases
There is no limit on the amount that the rent can increase
If there is any rent increase, it should be in writing
The rent increase can only occur once every 365-days
If your tenancy is periodic your landlord will have to give you a three-month written notice
If your tenancy is fixed term your landlord can renegotiate your rent price in your new contract
It is also noteworthy that most landlords will not accept tenant's credit cards for rent payments. Ensure that you speak to your landlord and arrange how your rent will be paid.
Entry
Entry
To enter the tenant's area of residence the landlord has to give 24-hour notice in writing, unless the tenant consents for the landlord to enter earlier. Your landlord may be justified in requesting entry to your area of residence for reasons such as repairs, pest issues (for example, bringing in an exterminator), or showing the space to prospective buyers.
Landlords cannot enter a tenant's space on Sundays or religious holidays. If you have a different day for your religious worship, you can inform your landlord to respect that.
If there is an emergency, the landlord is allowed to enter the premises without notice. This can include a medical emergency or a residential emergency, such as a broken water pipe.
Repairs
Repairs
The landlord must ensure the premises meet the minimum housing standards throughout the tenancy. If repairs and maintenance are not completed, tenants can contact Alberta Health Services.
If someone cannot live in a unit because Alberta Health Services has deemed it unfit for human habitation, are there emergency resources available for a tenant? If so what are they and do you know how to access them?
This is not under the Residential Tenancies Act (RTA), their only recourse would be Alberta Supports. For all other inquiries about Alberta Supports programs, call the Alberta Supports Contact Centre at 1-877-644-9992.
A tenant's rental insurance may offer some coverage for situations like these. Everyone should have rental insurance.
Roommates
Roommates
Roommates are not covered under the Residential Tenancies Act (RTA), but some helpful suggestions are located on page 24 of the RTA Handbook for Landlords and Tenants. It is a good idea to have an agreement with your roommates for house rules as well, which is written in writing.
This can include:
How you will split the rent, utilities, and security deposit?
How will the space be shared?
Who will pay for what expenses (groceries, transportation, etc.)?
How will you split chores?
How the outside work will be done (yardwork, snow removal, etc.)?
What time(s) of the day will be designated for quiet hours?
When can you have friends over and for how long?
Who will get what when you move out?
Visitors
Visitors
If overnight guests are not covered in the rental contract, be sure you ask your landlord (in advance), before friends or family stay at your place. It is important that you inform the landlord to avoid any miscommunications.
For example, some rental contracts include utilities. So, a landlord may ask for additional money, for the duration of your guests' stay, since more people are using the utilities.
Ending a Tenancy
Ending a Tenancy
Fixed Term Tenancy Notice Periods
Fixed Term Tenancy Notice Periods
No notice is needed from either party because the agreement is over at the conclusion of the contract.
The landlord and tenant must negotiate a new contract after the end date if they want to continue the agreement.
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Periodic Tenancy Notice Periods
Periodic Tenancy Notice Periods
The tenant must continue to pay rent until either party provides notice that they want to end the agreement.
Tenant: one-month written notice
Landlord: three-month written notice with reasoning provided
Major Renovation: one-year written notice
Cleaning
Cleaning
In order to get the security deposit back, the tenant must leave the premises clean. Check with your landlord to see if they have a cleaning list. If not, you can find one on page 23 of this document.
Abandoned Goods
Abandoned Goods
Goods that are left on the property after the tenancy has ended are known as abandoned goods. There are two possible courses of action in this situation:
If the value of all the items left behind is less than $2000, the landlord can dispose of the goods.
If the value of the abandoned goods exceeds $2000, the landlord must store them for a period of 30-days. To receive the items back, the tenant must pay for the fees that the landlord incurred by storing the abandoned goods. If the tenant does not go to retrieve their items the landlord can sell them at auction, but the landlord cannot keep the profit from the sale (after the incurred fees are covered).
What if the landlord incorrectly evaluates the value of a tenant's abandoned goods?
The best course of action is to file an application with the RTDRS.
Conflict and Complications
Conflict and Complications
Residential Tenancy Dispute Resolution Service (RTDRS)
Residential Tenancy Dispute Resolution Service (RTDRS)
If you cannot reach an agreement with your landlord, the RTDRS can be used to settle disputes. There is a $75 fee to file an application with the RTDRS. Many of the applications are now handled through electronic means.
For example, a tenant may apply for compensation for the cost of performing landlord obligations. This can include if a tenant paid for an exterminator when this should have been the landlord's responsibility (if outlined in the lease).
It is important that the tenant asks for the $75 application fee as part of their settlement. They may award you the $75 application fee, but RTDRS will not give you what you do not ask for so it is better to ask for more than less.
The court system is another avenue for tenant remedies.
Eviction
Eviction
An eviction is only necessary if the tenant does not leave after the tenancy is terminated. While there are a variety of reasons why an eviction may occur, the most common is when a tenant does not pay their rent.
You may have heard of people withholding rent if they are upset with their landlord. Always pay your rent on time because not paying rent is grounds for eviction, regardless of the reason. If you have a dispute with your landlord, it is better to file an application with the RTDRS.
Notice period:
The landlord is required to give the tenant a 14-day notice in writing informing them of the eviction.
The notice period can be reduced to 24 hours before the eviction if:
The landlord is physically assaulted by the tenant
The tenant threatens to physically assault the tenant
The tenant causes significant damage to the property
Domestic Violence
Domestic Violence
If a tenant is ever a victim of domestic violence, the tenant is able to end the lease right away, without a financial penalty. This applies to both a fixed term and periodic tenancy. Documentation regarding the situation is required from a doctor, police officer, social worker, or another certified professional.
Rental Scams
Rental Scams
Unfortunately, rental scams happen. The Canadian Anti-Fraud Centre is run by the Government of Canada and they provide information and highlight examples of possible scams. The Scam Detector website is another great resource to learn about and help identify scams.
One example of a rental scam is requiring payment to view a potential rental property. You should not have to pay anything to simply view a place.
“Without an agreement, it is difficult to prove who is responsible for what” ~ Lyle Falk
“Without an agreement, it is difficult to prove who is responsible for what” ~ Lyle Falk
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