A Residential tenant, without appropriate legal regulations, can be vulnerable to exploitation and perpetually on thin ice regarding the security of their stay and a peaceful dwelling.
Fortunately, the Albertan Residential Tenancies Act of 2004, is there to equitably regulate the affairs and provide for fair rights for both the landlord and the tenant.
Anyone can find himself in the position of a tenant or a landlord. Therefore, the following reading is a must for every Albertan to understand the rights and duties of Landlords and Tenants.
Laws Applicable:
Residential Tenancies Act (2004)
Public Health Act, Revised Statutes of Alberta 2000
Public Health Act, Housing Regulation, Alberta Regulation 173/1999
Laws Applicable:
The Provincial Court
Court of Queen’s Bench
Dispute Resolution Service
Rights of Tenant
- Right to a Reasonable Notice
The tenant is entitled to reasonable notice if the landlord needs to enter the premises for any significant reason.
When the landlord intends to access the premises, the tenant is to be given a notice at least 24 hours before entry.
- Right to Pursue Legal Options Freely
If a tenant files an application, makes a complaint or statement, assists an application against the landlord, or gives evidence in an inquiry or investigation, the landlord, in such situation, cannot terminate the tenancy.
- Right to a Habitable Dwelling
A tenant is entitled to a safe and livable home. This includes proper heating, plumbing, and structural integrity.
- Right to Privacy
Landlords must provide 24 hours’ notice if he intends to enter the premises, except in emergencies. They cannot enter the property without permission unless it’s an emergency.
- Right to a Written Lease
Tenants have the right to receive a written lease agreement if one is requested. This document should outline the terms of the rental agreement, including rent, duration, and other conditions.
- Right to Fair Treatment
Landlords are prohibited from discriminating against tenants on any grounds, including race, gender, religion or other protected characteristics.
- Right to a Receipted Payment
Tenants have the right to receive a receipt for any rent payments made in cash or other non-traceable methods.
- Right to Repair and Maintenance
Landlords have the duty of ensuring the property is maintained and repaired. Tenants have the right to request necessary repairs and expect them to be addressed in a timely manner.
- Right to Withhold Rent for Unresolved Issues
If a landlord fails to address significant repair issues, tenants might be able to withhold rent, but this should be approached with caution and legal advice, as improper withholding can lead to eviction.
- Right to Dispute Resolution
Tenants can seek resolution through the Residential Tenancy Dispute Resolution Service (RTDRS) for issues related to rent, repairs, or other tenancy matters.
- Right to a Security Deposit
A Landlord can ask for a deposit as a security but must return it within ten days after the end of the tenancy, minus any allowable deductions for damages or unpaid rent.
Rights of Landlord
- Right to enter the premises:
According to section 3 of the act, the landlord can get access to the premises in the following circumstances:
- To do an inspection of the state of repair of the premises
- To make necessary repairs to the premises
- To take necessary steps to control pests as required by Albertan Law.
- For showing the premises whether directly or through a real estate agent, to prospective purchasers or mortgagees.
- When the tenant or landlord has given the notice of termination, the landlord can show the premises to prospective tenants.
Duties of the Landlord
According to section 16 of the Residential Tenancies Act, following are the duties of every Landlord:
- Making the premises available for occupancy at the beginning of the tenancy
- Avoiding Unnecessary Interference in Tenant’s Dwelling
Neither the landlord nor any other person having interest or claim in the premises will, in any significant manner, interfere with the tenant’s peaceful enjoyment and uninterrupted possession of the premises.
- Provision of a Copy of Tenancy Agreement to the Tenant
According to Section 17(1) of the Act, the landlord is bound to provide a copy of the tenancy agreement to the tenant. He must complete this task within 21 days after the agreement signed by tenant is received by the landlord.
- Rights of Tenant in Case of Non-provision of Tenancy Agreement by the Landlord
In accordance with Section 17(2) of the Act, the tenant can withhold the payment of rent until the landlord provides him a signed copy of the Agreement.
- Duty to Serve “Notice of Landlord”
In the light of Section 18 of the Act, it is the obligation of the landlord to issue Notice of Landlord.
Notice of Landlord is a written notice dated and signed by the landlord. It contains the name of the persons who falls within the definition of landlord.
- Duty to Provide Inspection Report
The landlord, accompanying the tenant, will inspect the premises within one week before or after the tenant takes possession and provide the tenant a written report of the condition of the premises.
Duties of Tenant
According to section 21 of Residential Tenancy Act, following are the duties of the tenant:
- Duty to pay rent on time
- Non-Interference
The tenant should refrain from interfering with either the rights of landlord who dwells in the same premises, nor meddle with the living rights of other tenants living in the same premises.
- No Illegal Activities
According to section 21(c) of the act, a tenant must abstain from carrying out any illegal activities in the rented premises, common areas or in any part of the property thereof.
- The tenant must not damage the property or endanger any person or property on the premises.
- The tenant should refrain from causing any damage to the property.
- He should keep the premises clean and in good condition.
- The tenant shall vacate the premises at the end of the tenancy term.
Bottomline
Awareness of the law helps you in the toughest of times and acts as a guide for you to transact your affairs. If you are a tenant or landlord, this reading might have helped you. If you need legal advice or want to entrust your tenancy affairs to an expert lawyer, we are one click away.
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