The Alberta Residential Tenancies Act can be a pretty intimidating document for a student renter to try and understand. If you thought a lease was full of legal jargon, try comprehending the RTA! Nonetheless, the RTA is a document that every student renter should have a basic understanding of. Here is a translation of some key sections of the RTA and how they apply to student renters in Alberta.



Please note that we are not legal professionals at Places4Students.com and cannot provide legal advice. The following information is a basic overview and interpretation of the RTA, highlighting some important sections that relate to student renters.

1. Does the Residential Tenancies Act apply to on-campus or school-owned housing?



No. Housing owned and operated by recognized educational institutions is exempt from the RTA.

(2) (e) a tenancy agreement between an educational institution as landlord and a student of that institution as tenant if the tenant does not have exclusive possession of a self-contained dwelling unit.

2. How much notice must be provided to terminate a lease agreement?

In a monthly rental arrangement, the tenant must notify the landlord on or before the first day of a tenancy month to take effect on the last day of that month. In a yearly rental arrangement, a tenant must provide at least 60 days notice to the landlord; however, a landlord must provide the renter with 90 days notice to vacate the unit.



*A fixed term tenancy does not need to provide notice to terminate.



Notice to terminate monthly tenancy:

8(1) A notice to terminate a monthly tenancy must be served (a) by a tenant on the tenant’s landlord, on or before the first day of a tenancy month to be effective on the last day of that tenancy month, or

(b) by a landlord on the landlord’s tenant, on or before the first day of a notice period to be effective on the last day of the notice period.

(2) In this section and section 10(2)(b), “notice period” means a period of 3 consecutive tenancy months.

Notice to terminate yearly tenancy:

(9) A notice to terminate a yearly tenancy must be served (a) by a tenant on the tenant’s landlord, on or before the 60th day before the last day of a tenancy year, or

(b) by a landlord on the landlord’s tenant, on or before the 90th day before the last day of a tenancy year, to be effective on the last day of the tenancy year.

3. What documentation must be provided in order to end a tenancy agreement?



A notice to end tenancy must be in writing, signed, have the tenancy end date, the date the notice was served, and an identification of the rental premises (address). If a landlord is issuing the termination, it must also include the reason(s) why they are ending the tenancy.



Form of notice:

10(1) A notice to terminate a tenancy must

(a) be in writing,

(b) be signed by the person giving the notice or the person’s agent,

(c) in the case of a landlord terminating the tenancy, set out the reasons for which the tenancy is being terminated,

(d) identify the premises in respect of which the notice is served, and

(e) state the date on which the tenancy is to terminate.



4. How much notice must a landlord provide if they plan on increasing the rent?



This will depend on the type of rental arrangement; whether it be weekly, monthly or longer. The least amount of notice is 12 tenancy weeks for a weekly rental, 3 tenancy months for a monthly rental and 90 days for any other periodic tenancy.



14(1) A landlord shall not increase the rent payable under a residential tenancy agreement or recover any additional rent resulting from an increase unless the landlord serves on the tenant a written notice of the increase in rent



(a) in respect of a weekly tenancy, at least 12 tenancy weeks,

(b) in respect of a monthly tenancy, at least 3 tenancy months, and

(c) in respect of any other periodic tenancy, at least 90 days, before the date on which the increase is to be effective.



5. Does a landlord have to provide tenants with a copy of the lease agreement?



If a tenant agrees to a written tenancy agreement with a landlord, the renter must be provided with a copy of the residential tenancy agreement within 21 days after the landlord has received the signed copy. Tenants are recommended to keep a copy of their lease agreement, in the event of any tenancy issues.



17(1) If a residential tenancy agreement is in writing and the tenant has signed and returned the written residential tenancy agreement to the landlord, the landlord shall, within 21 days after the written residential tenancy agreement is returned to the landlord, serve on the tenant a copy of the written residential tenancy agreement signed by the landlord.



(2) A tenant may withhold payment of rent until the tenant is served with a copy of the residential tenancy agreement under subsection (1).



6. Is a landlord required to do an inspection of the rental unit before and after a tenant moves out?



Yes. A landlord must complete an inspection within one week before a tenant takes possession of the rental accommodation, along with the tenant. The same applies for when the tenant moves out. The landlord may be allowed to inspect the unit without the tenant being present, in certain circumstances.



19(1) A landlord and tenant shall inspect the residential premises within one week before or after a tenant takes possession of the residential premises, and the landlord shall, forthwith on completion of the inspection, provide the tenant with a report of the inspection that describes the condition of the premises.

(2) A landlord and tenant shall inspect the residential premises within one week before or after the tenant gives up possession of the residential premises and the landlord shall, forthwith on completion of the inspection, provide the tenant with a report of the inspection that describes the condition of the premises.

(3) A landlord may complete the inspection without the tenant if the landlord proposes 2 inspections to take place (a) on different days, (b) on days that are not holidays, and (c) between 8 a.m. and 8 p.m., and no adult person who falls within the definition of tenant agrees to take part.

7. Can a landlord prohibit subletting?



A landlord may prohibit subletting, but reasonable grounds to do so are required. The landlord must inform the tenant in writing, should a sublease request be refused.



22(1) Subject to subsection (4), no assignment or sublease of a residential tenancy agreement by a tenant is valid without the written consent of the landlord.

(2) A landlord shall not refuse consent to an assignment or sublease unless there are reasonable grounds for the refusal.

(5) A landlord who refuses to give consent shall provide the tenant who requested consent with written reasons for the refusal.



8. Under what circumstances can a landlord enter a rental property without providing notice and receiving consent?



There are only two circumstances where a landlord may enter the unit without notice or consent – in the event of an emergency that requires the landlord to enter or if the tenant has abandoned the rental accommodation.



(2) A landlord is entitled to enter residential premises rented by the landlord without consent or notice if the landlord has reasonable grounds to believe that



(a) an emergency requires the landlord to enter the premises, or

(b) the tenant has abandoned the premises.



*A landlord may enter the premise with proper notice for a variety of reasons including, but not limited to, inspections, repairs, pest management, showing the property to potential new tenants, etc. See section 23(3) for more details.



9. How much notice is a landlord required to provide in order to enter the rental accommodation?



A landlord must serve the tenant with at least 24 hours notice before entering, as well as meet the conditions below



(23) (4) A landlord is not entitled to enter residential premises under

subsection (3) unless



(a) the notice is served on the tenant at least 24 hours before the time of entry,

(b) the entry is made on a day that is not

(i) a holiday, except that the landlord may enter on a Sunday if the tenant’s day of religious worship is not a Sunday and the tenant has provided the landlord with a written notice of that day, or

(ii) the tenant’s day of religious worship if that day is not a Sunday and the tenant has provided the landlord with a written notice of that day, and

(c) the entry is between 8 a.m. and 8 p.m.



10. How much money can a landlord charge for a security deposit?



A landlord may only request a security deposit totaling no more than one month’s rent.



43(1) A landlord shall not require a tenant to provide a security deposit that is greater than one month’s rent under the residential tenancy agreement or that is greater than the rent that would be payable for one month under the residential tenancy agreement if the rent were payable monthly.

(2) A landlord shall not require a tenant to pay an increase in a security deposit.

11. What is the maximum amount of time a landlord can hold a security deposit after a tenancy has ended?

A landlord must return a security deposit within 10 days after the tenant has given up possession of the rental accommodation. The landlord may deduct money from the security deposit, if it meets the following conditions.



(46) (2) A landlord who holds a security deposit shall, within 10 days after the day on which the tenant gives up possession of the residential premises,

(a) deliver the security deposit to the tenant,

(b) if all or part of the security deposit has been deducted in accordance with the conditions agreed to by the tenant, deliver to the tenant the balance of the deposit, if any, and a statement of account showing the amount of the deposit used, or

(c) if the landlord is entitled to make a deduction from the security deposit in accordance with the conditions agreed to by the tenant but is unable to determine the correct amount of the deduction, deliver to the tenant the balance of the deposit, if any, that the landlord does not intend to use and an estimated statement of account of the anticipated deduction and, within 30 days after the day on which the tenant gives up possession of the residential premises, deliver to the tenant the remaining balance of the deposit, if any, and a final statement of account.





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