Common Questions - Landlords and Tenants

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Laws for Landlords and Tenants in Alberta (external site)

A Guide to the Law in Alberta Regarding Landlord and Tenant (pdf)

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1.      Are landlords limited in how much they can raise the rent?

          Landlords are not limited as the legislation does not include any rental caps.

2.      Why doesn't Alberta set a limit on how much landlords charge for rent?

Experience shows that rent controls are harmful to the rental housing market over the long term. Rent controls discourage development of new rental housing, resulting in fewer units being available for rent. In addition, some landlords reduce maintenance of property or provide fewer services to operating costs, resulting in deterioration.

3.      How much notice must my landlord provide before rent is increased for my apartment?

Landlords must give at least three months’ written notice for periodic (month-to-month) tenancies.

4.      Are tenants protected against continual rent increases?

Alberta’s tenancy legislation minimizes the impact of rent increases by requiring that one year must pass between increases for monthly tenancies.
The amount of notice required to increase the rent for a month-to-month periodic tenancy is three full tenancy months.
Rent increase notices:
    • have to be in writing, 
    • be dated, 
    • state the effective date of the increase and be signed by the landlord.
If a notice does not comply with these requirements, it is void. Tenants who pay an increase in rent based on a notice that does not comply with the requirements may recover the amount of the increase, with court approval.

5.      What if I can't afford to pay a rent increase?

A tenant has the right to discuss a rent increase with their landlord if it will be a financial burden.
If rent is a financial burden, there are several supportive housing programs that assist Albertans. Contact the Housing and Urban Affairs ministry to determine if assistance is available for your circumstances.

6.      What happens if a landlord tries to raise the rent before a year has passed since the last increase?

Rents cannot be increased unless 365 days have passed since the last rent increase or the start of the tenancy, whichever is later. A tenant is not required to pay the rental increase if proper notice time (365 day or 3 months) has not passed. The Residential Tenancies Act allows tenants to apply to court or the Residential Tenancies Dispute Resolution Service (RTDRS) for recovery of the amount by which the rent was increased.
Landlords who attempt to increase rent before a year has passed risk fines of up to $10,000 per tenant.  Call Service Alberta's Consumer Services Contact Centre toll free at 1-877-427-4088 or a local Landlord and Tenant Advisory Board if you are unsure about whether a rent increase is allowed.

7.      When can rent be increased for fixed term tenants (such as those with a lease agreement for a specific number of months or years)?

The landlord and tenant agree to the amount of rent when they negotiate the terms of the fixed term tenancy agreement. Rent cannot be increased unless 365 days pass since a tenant moved in or since the last rent increase, whichever is later. If the 365th day is during the current fixed term tenancy agreement, rent cannot be increased until that tenancy agreement ends.

8.      How much notice must my landlord provide before they increase the rent on my mobile home site?

Landlords must give at least 180 days written notice for periodic (month-to-month) tenancies.

9.      How much notice is required before landlords can end a periodic tenancy to undertake major renovations (that require the premises to be vacant)?

Periodic tenants have to be given 365 days notice to end the tenancy and rent cannot be increased during the year.

10.    How much notice is required before landlords convert a rental unit to a condominium?

Periodic tenants have to be given 365 days notice to end the tenancy and rent cannot be increased during the year.

11.    Who is responsible for giving a tenant notice to move out if the potential buyer of a condominium unit wants to move in or wants it empty as a condition of the sale?

If someone wants to live in a condominium unit they are buying or does not want a tenant still living there, they must request in writing that the seller issue the three month termination notice to the tenant, as a condition of the sale

12.    What happens if the buyer of a condominium unit does not give the seller a request to terminate the tenancy?

If the buyer doesn't provide a written request to the seller for "vacant possession", then the buyer inherits the tenant when they take ownership of the unit. The buyer then becomes the landlord and is subject to the responsibilities in the tenancies legislation.

13.    How much can a landlord charge for a security deposit?

Landlords usually ask tenants for a security deposit, sometimes called a damage deposit. The Residential Tenancies Act limits the maximum amount a landlord may ask for as a security deposit to no more than the equivalent of one month's rent at the time the tenancy starts. The security deposit cannot be increased as rent increases.

14.    How do I get my security deposit back?

You have the right to get the full amount of your security deposit back, plus interest, within 10 days of moving out if:
    • you have not caused any damage beyond normal wear and tear,
    • the premises have been properly cleaned, and
    • no rent is owing.
Otherwise the landlord can keep part or all of your security deposit to cover the costs.
If there are damages and they exceed the security deposit, the landlord can take you to court for the rest of the money owing. If there are deductions for damages, the landlord must pay you the balance of the deposit within the 10 days, and include a statement of account that lists all the damages, repair costs and cleaning costs.
Alternatively, the landlord may, within the 10 days, give you an estimate of the deductions to be made and return any money that won't be used. In this case, you must receive a final statement, plus any money owing, within 30 days after your tenancy ended.
Tenants can take the landlord to court or RTDRS if they require assistance to get the security deposit back.

15.    My landlord won't do repairs to my home. Can I stop paying rent until the place is fixed?

You cannot stop paying rent unless you have the Courts' permission. You should also check with the Public Health Inspector about the landlord's obligation to make repairs.

16.    When can a landlord enter the premises I am renting?

A landlord may enter the residential premises at any time with the tenant's consent. Consent can be verbal or written. If the landlord has the tenant's consent, no notice is required.
The landlord may enter the premises without permission and without giving proper notice to the tenant when the landlord has reason to believe:
  • there is an emergency; or
  • that the tenant has abandoned the premises.
The landlord may enter the residential premises without permission but only if the landlord has given the tenant a written notice at least 24 hours before the time of entry. The notice has to be in writing, be signed by the landlord or agent and state the reason, date and time of entry.
The landlord can give notice to enter to do repairs; to inspect the state of repair of the premises; to take necessary steps to control pests; to show the premises to prospective purchasers, or mortgagees; or to show the premises to prospective tenants after the landlord or tenant has given notice to end a periodic tenancy, or, in the final month of a fixed-term tenancy.
The tenant does not have to be present since the landlord has the right to enter as long as proper notice has been provided.

17.    How can I learn more about landlord and tenant rights and responsibilities?

Service Alberta has tipsheets for landlords and tenants and mobile home sites in Alberta.