Prepared by: Fort McMurray Landlord and Tenant Advisory Board ...

T H E R E G I O N A L
M U N I C I P A L I T Y
OF WOOD BUFFALO
Prepared by:
Fort McMurray Landlord and Tenant Advisory Board

TABLE OF CONTENTS
INTRODUCTION....................................................... 2
RENT......................................................................... 3
TENANCY AGREEMENTS........................................... 4
ASSIGNMENT & SUBLEASING................................... 6
ACCOMMODATION INSPECTION REPORTS.............. 6
SECURITY DEPOSITS.................................................. 8
RENT INCREASE...................................................... 10
NOTICE OF ENTRY.................................................. 11
LOCKS..................................................................... 12
LANDLORD’S OBLIGATIONS................................... 12
TENANT’S REMEDIES.............................................. 13
TENANT’S OBLIGATIONS....................................... 13
LANDLORD’S REMEDIES.......................................... 13
24-HOUR NOTICE................................................... 14
ABANDONED PREMISES.......................................... 15
TERMINATION OF TENANCY................................. 16
ROOMMATES AND GUESTS................................... 18
ADDITIONAL INFORMATION................................. 20
FORT MCMURRAY LANDLORD/TENANT INFO....... 21
These questions and answers have been produced
for information only and are not an exact statement of law.
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INTRODUCTION
1. Who is a tenant?
A tenant is a person who rents from a landlord.
A tenant is a person who rents from a landlord.
2. Who is a landlord?
A landlord may be the owner of the premises or a property management company representing the owner.
3. What is a Landlord and Tenant Advisory Service?
A Landlord and Tenant Advisory Service is a service made up of volunteer members appointed by a city or
town council in the Province of Alberta for the purpose of carrying out the following functions:
a) to advise landlords and tenants in tenancy matters,
b) to receive complaints and seek to mediate disputes between landlords and tenants,
c) to distribute information for the purpose of educating and advising landlords and tenants concerning
rental practices, rights and remedies,
d) to receive and investigate complaints of conduct that is against the laws governing tenancies.
The day-to-day functions of providing information, mediation, dealing with disputes and investigating
complaints of conduct are carried out by professional staff hired for these purposes.
4. Is there anything to which the Residential Tenancies Act does not apply?
The Residential Tenancies Act of Alberta does not apply to:
a) a mobile home site where the tenant owns the mobile home and rents only the site (refer to the Mobile
Home Sites Tenancies Act for more information),
b) premises occupied for business purposes with living accommodation attached and rented under a single
agreement,
c) rooms in the living quarters of the landlord, if the landlord lives in those quarters,
d) a hotel, motel, motor hotel, resort, lodge or tourist camp, a cottage or cabin located in a campground or
trailer park, tourist home, bed and breakfast establishment or farm vacation home, if a person resides
there for less than six consecutive months,
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,
f) a nursing home as defined in the Nursing Homes Act,
g) a senior citizens lodge that is operated by the Government of Alberta or by a foundation incorporated
under the Senior Citizens Housing Act or by a non-profit organization under that Act,
h) a social care facility licensed under the Social Care Facilities Licensing Act,
i) a correctional institution,
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j) any other prescribed premises.
5. The Act prevails:
‣ Any waiver or release by a tenant as to the rights, benefits or protection under this Act is void.
The Residential Tenancies Act, Residential Tenancies Ministerial Regulation, Mobile Home Sites Tenancies
Act and the Subsidized Housing Act can be purchased at the Queen’s Printer bookstores in Calgary and
Edmonton.
6. What is the Residential Tenancies Ministerial Regulation?
This document is an addition to the Residential Tenancies Act containing information regarding abandoned
goods, statements that must be on inspection reports and security deposit trust accounts.
7. Is the law the same in all provinces in Canada?
No, the law in each province is different.
RENT
8. If a tenant fails to pay the rent during the winter, can an eviction
notice be served?
Yes, providing proper notice is given.
9. Does the tenant have a grace period to pay the rent?
No. Rent is due and payable on the first day of each and every tenancy month, unless otherwise stated in the
rental agreement whether it is written or verbal.
10. Who is responsible for paying the rent?
The tenant. If more than one person signs the tenancy agreement as a tenant, the landlord can require any one,
some or all of the tenants to pay the entire rent amount.
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11. If a tenant does not pay the rent on or before the first of a tenancy
month, can the landlord serve the tenant with an eviction notice?
Yes, with a 14 clear day notice for non-payment of rent.
12. What other remedies are available to a landlord if the rent is not
paid by the tenant?
The landlord may apply to the Court for a possession of his premises. Alternatively, the landlord can conduct a
Bailiff’s office to file a “Landlord’s Distress Warrant” for the amount of rent owing. The Bailiff can then seize
the belongings of the tenant.
13. If a tenant expires (passes away) during the tenancy, can the
landlord hold the tenant’s estate liable for the next month’s rent?
Yes, the Residential Tenancies Act states that one month’s notice must be given to the landlord on the first day
of the month provided the tenant is renting monthly from the landlord. The definition of tenant includes the
heirs of that person.
TENANCY AGREEMENTS
14. Does the tenancy agreement have to be in writing?
No. An agreement can be written, oral or implied, however, it is preferable to have it in written form. If the
agreement is in writing, it must contain the following statement in print larger than the other print in the
agreement:
‣ The Tenancy created by this agreement is governed by the Residential Tenancies Act of Alberta and if
there is a conflict between the agreement and the Act, the Act prevails.
15. What information should be contained in the tenancy agreement?
The residential tenancy agreement (lease) should include the following information:
a) date of agreement,
b) names and addresses of both parties,
c) address of property to be rented,
d) term of the tenancy (start and end date for a fixed term tenancy),
e) address of where tenant pays the rent,
f) amount of rent to be paid,
g) utilities tenant is responsible for,
h) names of permitted occupants and the maximum number of occupants allowed in the suite,
i) what the tenant takes care of and repairs,
j) what the landlord takes care of and repairs,
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k) what insurance the tenant should have,
l) what insurance the landlord has,
m) other rules (building rules, pets, smoking, use of common areas etc.).
16. Is there a standard form for a tenancy agreement?
There are no standard forms in Alberta.
‣ Forms may be purchased for the Fort McMurray Landlord and Tenant Advisory Office located in
Family and Community Support Services on the 3 rd floor of City Hall.
17. If there is a written tenancy agreement, must the tenant receive a
copy?
Yes. A landlord must return a fully signed copy of the tenancy agreement to the tenant within 21 days after
signing.
18. Are there different types of tenancy agreements?
Yes. There are two types of tenancy agreements:
a) A fixed term tenancy is one that ends on a day specified in the agreement. No notice need be given by
the landlord or tenant to terminate a fixed term tenancy, unless it includes a provision allowing for
renewal or continuation without notice after the fixed term, in which case it may be terminated at the
end of the fixed term or at any time thereafter as a periodic tenancy.
b) A periodic tenancy is one that is renewed or continued on a periodic basis (e.g. weekly, monthly)
without notice or, with respect to a fixed term tenancy that contains a provision allowing for renewal or
continuation without notice, that part of the tenancy that arises after the end of the fixed term.
‣ A tenancy agreement that has been signed and witnessed by the tenant and landlord becomes a
legal binding document.
19. Can a landlord refuse to rent to a potential tenant?
Yes. The decision as to whom to rent to is the landlord’s. However, according to the Individual Right Protection
Act the landlord cannot refuse to rent to someone because of their race, religion, sex, physical or mental
disability, ancestry, or place of origin.
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ASSIGNMENT AND SUBLEASING
20. Can the rented premises be subleased by the tenant?
No. A tenant cannot sublease or assign without the written permission of the landlord. After receiving a request,
the landlord has 14 days to respond. No response means that consent has been given.
21. Can a landlord charge for giving consent to an assignment or
sublease?
No.
ACCOMMODATION INSPECTION REPORTS
22. What is an accommodation inspection report?
An accommodation inspection report is a written record of the condition of the premises at the beginning and at
the end of a tenancy.
23. Is an accommodation inspection report mandatory?
Yes. The Residential Tenancies Act states that a landlord and tenant must inspect the rental premises within one
week before or after the tenant takes possession of the premises, and within one week before or after the tenant
gives up possession of the premises.
24. Must a landlord give the tenant a copy of the accommodation
inspection report?
Yes. At the time of the move-in inspection report, and at the time of the move-out inspection.
25. Does an accommodation inspection report have to be signed?
Yes, it must be signed in accordance with the regulation under the Residential Tenancies Act.
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26. What information must the accommodation inspection report
contain?
The Residential Tenancies Act and Residential Tenancies Ministerial Regulations set out what must be
contained in the Accommodation Inspection Report.
27. What can a landlord do if the tenant refuses to sign the
accommodation inspection report?
If the tenant refuses, the following statement must be included in the landlord’s signed report: “The tenant or
tenant’s agent present at the inspection refused to sign the tenant’s statement.”
28. What can a landlord do if the tenant refuses to take part in the
inspection?
The landlord may conduct the inspection without the tenant, provided that the tenant or the tenant’s agent has
been offered tow separate inspection times by the landlord and refused. The inspection times offered must be on
two different days that are not holidays, and between the hours of 8am and 8pm.
If the landlord completes the inspection alone, the inspection report must contain the following statement: “The
inspection of the premises was conducted on (date) by (landlord or landlord’s agent) without the tenant or the
tenant’s agent being present.”
29. What happens if a landlord does not complete an accommodation
inspection report?
If a landlord does not complete an Inspection Report in the manner set out in the Residential Tenancies Act, the
landlord cannot deduct any money to cover damages to the premises from the tenant’s security deposit.
30. Where can a landlord get a copy of the Accommodation Inspection
Report form which has all of these statements?
The Fort McMurray Landlord and Tenant Advisory Office has Accommodation Inspection Report forms which
can be purchased at Family and Community Support Services – Landlord and Tenant Advisory Board on the 3 rd
floor of City Hall
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SECURITY DEPOSITS
31. What is a security deposit?
A security deposit is any money, property or right given by a tenant to a landlord as security for the
performance of an obligation or the payment of a liability by the tenant and is to be returned to the tenant upon
vacating the premises.
Pet deposits, key deposits and damage deposits are all considered to be security deposits. The total of all the
deposits cannot be more than one month’s rent. If the landlord requests a non-refundable pet fee, it does not
form a part of the security deposit.
32. Is the tenant required to pay a security deposit?
Yes, if the landlord requires one.
33. What is the maximum security deposit that a landlord may
request?
The security deposit cannot be greater than one month’s rent and cannot be increased at any time throughout the
continuation of the tenancy.
34. When the property of a landlord is purchased, who is responsible
for the return of the security deposit?
The purchaser. The Residential Tenancies Act states: “A person who acquires the interest of a landlord in
residential premises has the rights and is subject to the obligations of the previous landlord with respect to a
security deposit paid to the previous landlord…”
35. Is a landlord required to place the security deposit in a trust
account?
Yes. As of August 1, 1992 the landlord is required to place the security deposit in an interest-bearing trust
account at a bank, treasury branch, credit union or trust company in Alberta within two banking days of
receiving the deposit.
36. What is a trust account?
A trust account is an account that a person opens for someone else. The landlord who opens the account is
required to place the tenant’s security deposit in the account. The landlord controls the money during the
tenancy, but is required to pay the tenant the interest rate each year as set out in the Residential Tenancies Act.
The landlord cannot put any other money, such as rent, into the trust account.
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37. Does the landlord have to open a separate account for each tenant?
No, the landlord does not have to open a separate account for each tenant or for each building. However, they
must be able to find out how much security deposit and interest belongs to each tenant.
38. What happens of the trust account interest rate is lower than the
interest rate for the security deposit?
The landlord will still be required to pay the tenant the minimum interest rates for security deposits. These
interest rates are determined each year by Alberta Government Services.
39. When must the security deposit and interest be returned to a
tenant?
a) If there is no damage, the landlord must return the full deposit and the appropriate interest within 10
days of the tenant giving up possession of the rental premises,
b) If there is a deduction, the balance of the deposit and statement of account are to be mailed within 10
days,
c) If the landlord cannot finalize the exact amount in 10 days, an estimated statement of account is to be
mailed together with the balance, if any, within 10 days. A final statement and balance, if any must be
returned within 30 days after the tenant gives up possession of the premises.
40. What can a landlord deduct from the security deposit?
A landlord can deduct for:
a) significant damages to the premises, if the Accommodation Inspection Reports have been completed in
accordance with the Residential Tenancies Act. (See Accommodation Inspection Reports),
b) any costs to return the premises to a reasonably clean condition,
c) any arrears of rent,
d) other liabilities of the tenant to the landlord,
e) any other matters, agreed in the Tenancy agreement, which do not conflict with the rights, benefits or
protection given to the tenant under the Residential Tenancies Act.
‣ Landlords cannot deduct for normal wear and tear. Normal wear and tear is the deterioration
that occurs over time even though the premises received reasonable care and maintenance.
41. What if a dispute arises over the return of the security deposit?
If the tenant and landlord disagree on how much of the deposit should be returned and cannot negotiate a
settlement, they either may contact the Fort McMurray Landlord and Tenant Advisory Board (743-5000) for
advice and/or mediation, or may sue in the Provincial Court-Civil Claims Division (Small Claims Court).
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42. Can a tenant make the landlord use the security deposit for rent?
No, the landlord does not have to use the security deposit for rent while the tenant is still living in the rental
unit.
43. Can a landlord deduct from the security deposit damages that were
not noticed during the move-out inspection?
No.
44. Can a landlord ask for more security deposit if the rent goes up?
No, once the security deposit has been set, the landlord cannot put an increase of the security deposit in place.
RENT INCREASE
45. What notice must a landlord give a tenant before increasing the
rent under a periodic tenancy?
The landlord must give the tenant written notice of increase:
a) at least 12 tenancy weeks before the date on which the increase is to be effective, in the case of a weekly
tenancy, or
b) at least 3 tenancy months before the date on which the increase is to be effective, in the case of a
monthly tenancy.
A landlord is not permitted to increase the rent unless at least 26 weeks have passed since the last increase in the
case of a weekly tenancy, or unless at least 6 months have passed since the last increase in the case of a monthly
tenancy.
46. Can a landlord increase the rent payable under a fixed term
tenancy agreement?
No, not unless the increase is written in the Tenancy Agreement.
47. What can I do if I cannot afford the rent increase?
You can tell the landlord that you cannot afford the increase. Sometimes landlords will want to keep a good
tenant and may not increase the rent if it means the tenant will have to move.
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NOTICE OF ENTRY
48. Is a landlord restricted from entering the tenant’s premises?
Yes, (s)he is restricted. A landlord may not enter the premises without a 24-hour notice of entry or the consent
of the tenant.
49. Can a landlord enter the premises without a 24-hour notice of
entry?
A landlord may enter without notice or consent if the landlord has reason to believe that:
a) an emergency requires the landlord to enter (eg. fire, flood, leaky pipes, unplugged fridge),
b) the tenant has abandoned the premises.
50. Are there other cases when a landlord may enter?
Yes. A landlord may enter after giving notice to the tenant, that the landlord is going to:
a) inspect the state of repair of the premises,
b) make repairs to the premises,
c) show the premises to prospective purchasers or mortgages,
d) show the premises to prospective tenants for re-rental after the landlord or tenant has served notice of
termination or during the last month of a fixed term tenancy.
e) take necessary steps to control pests in the premises.
51. Are there days and times when the landlord cannot enter, even
after serving a notice?
Yes. The landlord can only enter the premises between 8am and 8pm. (S)he cannot enter on:
a) a holiday, which includes a Sunday,
b) the tenant’s regular day of worship. (the tenant must indicate this day to the landlord in writing)
52. Can a landlord give a blanket 24-hour notice to show a premises to
prospective tenant?
No, however the date and time of the entry referred to may be expressed as a period of time of reasonable
duration, which must begin and end at specified times.
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LOCKS
53. Can a landlord or a tenant change the locks on the premises of the
property without the consent of the other party?
No. However, a landlord may add or change locks if a key is made available to the tenant as soon as the
addition or changes is made. Where a tenant adds to or changes a lock, the tenant must make a key available to
the landlord as soon as the addition or change is made. A tenant also has the right to install a security device
that is capable of being put into effect while a person is inside the premises, however, it become part of the
property of the landlord when the tenancy is terminated unless it can be removed without damage to the
premises.
A landlord or tenant who does not comply with the above requirements is liable to a fine of up to $5000.
54. What can a landlord do when a tenant moves out and does not
hand in the keys?
The landlord can change the locks and charge the tenant for the cost of doing so.
LANDLORD’S OBLIGATIONS
55. What are the obligations of the landlord in renting a premises?
The obligations of the landlord are to:
a) make the premises available for occupation at the beginning of the tenancy,
b) not disturb the tenant’s possession and peaceful enjoyment of the premises, (The Reference Guide to
Landlord and Tenant Law in Alberta definition: The term “peaceful enjoyment” of the premises does
not mean literally that a landlord guarantees that the property will be quiet or peaceful. It means that a
landlord must allow the tenant exclusive possession of the premises and that the landlord should not
interfere with the ability of a tenant to live in and enjoy the property.),
c) make the premises habitable for the tenant at the beginning of the tenancy,
d) give the tenant a signed copy of the lease agreement,
e) serve the tenant with a Notice of Landlord within seven days of the tenancy beginning.
In addition, the landlord is obligated to maintain the premises in good repair in compliance with all building,
health, fire and safety standards and is required to perform any other obligations assigned to the landlord by the
Tenancy Agreement.
56. Where can the tenant find the name of the landlord responsible for
their premises?
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The landlord must, within seven days of the tenant moving in, provide the tenant with written notice of the
landlord’s name(s) and Alberta address(es). Alternatively, (s)he may post this information in a conspicuous
place in the buildings’ common area. The landlord must keep this notice up to date.
TENANT’S REMEDIES
57. What can the tenant do if the landlord’s obligations are not
fulfilled?
The tenant may apply directly to a court for one or more of the following remedies:
a) recovery of damages resulting from a breach or contravention of the landlord’s obligations,
b) reduction in rent to the extent the breach or contravention deprives the tenant of the benefit of the
tenancy,
c) compensation of the cost of performing the landlord’s obligation,
d) termination of the tenancy by reason of the breach of contravention if, in the opinion of the Court, the
breach or contravention is so significant that the tenancy should be terminated.
The tenant may also terminate the tenancy by serving the landlord with a 14 day notice where the landlord
commits a substantial breach of the residential tenancy agreement and an executive officer has issued an order
under section 62 of the Public Health Act and the landlord has failed to comply with the order.
TENANT’S OBLIGATIONS
58. What are the obligations of a tenant in renting a premises?
The obligations of the tenant are to:
a) pay the rent when due,
b) not interfere in any significant manner with the rights of the landlord or other tenants in or around the
premises,
c) not perform illegal acts or carry on an illegal trade, business or occupation in or around the premises,
d) not endanger persons or property in or around the premises,
e) not cause or permit significant damage to, in or around the premises,
f) maintain the premises in a reasonably clean condition,
g) vacate the premises at the expiration or termination of the tenancy.
In addition, the tenant must fulfill any obligations in the Tenancy Agreement, where those obligations do not
conflict with the legislation of the Residential Tenancies Act.
LANDLORD’S REMEDIES
59. What can the landlord do if the tenant’s obligations are not
fulfilled?
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The landlord may terminate the tenancy by serving the tenant with a Notice of Substantial Breach or by
applying directly to court.
60. If the landlord goes to court, what remedies can be requested?
The landlord may apply to a court for any one or more of the following remedies:
a) arrears of rent,
b) damages from a breach of the agreement or failure to fulfill the tenant obligations,
c) possession of the premises from a tenant who should have moved out,
d) compensation for use by a tenant who should have moved out,
e) termination of the tenancy, where there is a substantial breach.
In applying for one or more of these remedies, the landlord may also include a claim for legal costs or other
costs. If the tenant did not move out when the tenancy was terminated or ended, the landlord may also apply for
reasonable expenses claimed by the new incoming tenant. This new tenant is entitled to reimbursement for
expenses such as storage of furniture, hotel and meals from the landlord.
24-HOUR NOTICE
61. When can a landlord give a tenant a 24-hour notice?
This notice may be used by the landlord to terminate a tenancy under the Residential Tenancies Act when the
tenant has:
a) caused or permitted significant damage to the residential premises, the common areas or the property of
which they form a part,
b) physically assaulted the landlord or other tenants.
c) threatened to physically assault the landlord, other tenants or to do damage to property.
‣ NOTE: A tenant cannot object to a 24-hour notice.
62. If the tenant does not vacate, what action may the landlord take?
a) The landlord has ten days after the termination date to apply to a court for an order confirming the
termination of the tenancy.
b) If the landlord has not applied to a court within ten days after the termination date, the eviction is void.
63. What if the tenant disagrees with a notice of substantial breach for
any other cause than the reasons for a 24-hour notice?
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Before the termination date given in the notice, the tenant can serve written notice to the landlord, objecting to
the termination and stating the reasons for the objection. The landlord’s notice is then void. If the substantial
breach is for non-payment of rent, the tenant cannot object.
64. What can the landlord do if the tenant objects to the notice of
termination?
Following receipt of a proper notice of objection from the tenant, the landlord can still apply to the court for
termination of tenancy.
65. Can the landlord change the locks if the tenant does not vacate?
No.
66. Can a tenant receive an eviction notice for exercising their rights
under the Residential Tenancies Act?
No. A tenant cannot receive an eviction notice for exercising their rights under the Residential Tenancies Act or
the Public Health Act.
ABANDONED PREMISES AND GOODS
67. What can the landlord do if a tenant abandons or vacates the
premises leaving personal property?
The landlord may dispose of the goods if the landlord believes the goods have a market value of less than
$2000. If the abandoned goods have a value of $2000 or more, a landlord, who on reasonable grounds believes:
a) that the storage of goods would be unsanitary or unsafe or would rapidly result in the total or substantial
depreciation of their market value, or
b) that the cost of removing, storing and selling the goods would exceed the proceeds of their sale,
may sell the goods by a means and for a price that the landlord believes is reasonable. If a) or b) do not apply,
the landlord must store the goods for a period of 30 days and then dispose of the goods by public auction or,
with the approval of the court, by private sale. If the tenant requests the return of the goods before they have
been disposed of, they must be returned. However, the landlord can charge a fee for storage or removal.
The landlord shall keep a record as it relates to particular goods for at least 3 years after the goods were returned
to the tenant, sold or disposed of, as the case may be.
TERMINATION OF TENANCY
68. Can a tenancy be terminated in the winter?
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Yes, providing proper notice is given.
69. What requirements must a landlord’s notice to terminate a tenancy
contain?
The notice to terminate must:
a) be in writing
b) be signed by the landlord giving the notice, or his agent,
c) where the landlord is giving notice, set out the reasons for the termination
d) identify the premises in respect to which the notice is being served,
e) state the date on which the tenancy is to terminate.
70. How is a monthly periodic tenancy agreement terminated?
The landlord or tenant serves a notice to terminate:
a) by a tenant to the landlord, on or before the first day of a tenancy month to be effective on the last day of
that tenancy month (noon is the time established in the Residential Tenancies Act),
b) by a landlord to the tenant on or before the first day of the notice period, which is three consecutive
tenancy months, to be effective on the last day of the notice period. The notice may only be given for
one of the reasons set out by the Residential Tenancies Act Ministerial Regulations. (See Question 71)
71. What reasons can a landlord give for terminating a periodic
tenancy?
a) If the landlord or a relative of the landlord intends to occupy the premises,
b) If the landlord has entered into an agreement to sell the premises of the tenant,
c) If the purchaser or a relative of the purchaser intends to occupy the premises and an agreement has been
made to see on detached or semi-detached dwelling unit and/or condominium unit,
d) If the purchaser requests in writing that the landlord give the tenant notice to terminate the tenancy,
e) If the landlord intends to demolish the building in which the premises are located or make major
renovations to the premises requiring the premises to be unoccupied.
f) If the landlord intends to use the premises for a non-residential purpose,
g) If the landlord is an educational institution and the tenant is or will no longer be a student when the
notice period for terminating the tenancy has passed.
h) If the premises rented are subsidized public housing and the tenant is no longer eligible for such
housing, has not reported income respecting eligibility or the public funding or the program is cancelled,
i) If the premises are being converted to condominium use, (See Question 73)
j) Where the tenancy was entered into because of employment by the landlord, and the employment has
ended. (See Question 74)
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72. How can a landlord serve notice?
It can be serve personally or through registered or certified mail. If the tenant is absent from the premises, the
notice may be served:
a) to an adult person who resides with the tenant,
b) by posting it in a conspicuous place on some part of the premises.
c) By electronic means that will result in a printed copy of the notice by an electronic device that is situated
in the residential premises.
Landlords may not terminate a fixed term tenancy at any time during the fixed term, unless there has been a
Substantial Breach, but neither party is obligated to renew a fixed term tenancy.
73. If the rented premise is changed to a condominium unit after the
tenant moves in, and the landlord wants to terminate the tenancy so
that the premise can be sold as a condominium unit, how much notice
is the tenant entitled to?
At lease 180 day written notice.
Three full tenancy months if a rented unit has been sold and the new owner wants vacant possession.
74. How much notice is required to terminate a periodic tenancy of an
employee?
The landlord or the tenant (employee) may terminate the tenancy by serving notice on the other party in
sufficient time to provide a period of notice of termination of tenancy that is:
a) equal to the period of notice of termination of employment required under the Employment Standards
Code,
b) equal to the period of notice of termination of employment agreed to by the landlord and tenant,
c) of one week’s duration, if the tenancy began with employment,
d) whichever of the above periods is longest.
75. What should the landlord do if a tenant moves without giving
proper notice?
The landlord is entitled to proper notice and may claim additional rent from the tenant. The landlord is required
to make a reasonable effort to re-rent the premises as soon as possible. If the property is rented without any loss
of income, the landlord cannot claim rent against the tenant.
76. Is the tenant responsible for utilities if they vacate the premises
early?
Yes, unless the suite has been re-rented and the agreement requires that the tenant is responsible for utilities.
77. What time should a tenant vacate the premises?
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The tenant must vacate on or before 12:00 NOON on the last day of the tenancy, unless the landlord and the
tenant agree to a different time.
78. If the tenant does not vacate on a termination date, what may the
landlord do?
The landlord may apply to the Court for possession of the premises.
79. What is an order for possession?
An order for possession is an order issued by the Court, specifying the time and date the tenant must vacate the
premises.
80. Is a lawyer required for Court?
A lawyer is not required for Provincial Court. A lawyer is not required for Court of Queen’s Bench, however, it
is highly recommended.
ROOMMATES AND GUESTS
81. Can a landlord collect rent from any one of the tenants?
Yes, the landlord can collect rent from any one of the tenants who are allowed to live in a rental unit under a
residential tenancy agreement.
82. What can a tenant do when a roommate leaves without paying the
rent?
First of all, the tenant should realize that it is not the landlord’s problem. Unfortunately, the tenant may be left
paying the whole rent. The tenant would then have to find their ex-roommate and ask them to pay. They may
have to take their ex-roommate to court.
83. What could a tenant do to protect themselves when getting a new
roommate?
Think about whether the roommate will be a good tenant. They should consider whether the roommate can
afford the rent and whether he or she will keep the place clean and not damage the place. They should also
make sure that the new roommate is not going to leave them paying the rent or do damage that gives the
landlord a reason to end the tenancy.
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Make a written agreement with the roommate. How much notice will you give each other if you want to move.
Who will pay the rent? Who will pay the other utility and phone bills? It is also a good idea to make a list of
items that each person has brought into the tenancy.
Get the landlord’s consent. Ask the landlord to put the new roommate on the tenancy agreement.
84. Is the tenant responsible for any damage caused by guests?
Yes. The tenant is responsible for anyone that they let into the rental unit. If that person causes damage, the
tenant must pay the landlord for it. The tenant can ask that person to pay for the damage and take that person to
court if he or she doesn’t pay.
Due to amendments to legislation (April 1, 2001) it is now optional for landlords and tenants to apply to either
Provincial Court or the Court of Queen’s Bench for the following orders:
An order to terminate a tenancy
An order for the recovery of possession of the premises
An order to vacate the premises
85. What is the statute of limitations for the Residential Tenancies
Act?
The statute of limitation on the Residential Tenancies Act of Alberta is 3 years. A landlord is required to keep
documentation of tenancies for a period of three years. A landlord is also required to keep documentation on
abandoned goods, such as date of disposal, what was disposed of, who disposed of the goods, dates and
signatures etc.
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ADDITIONAL INFORMATION
The residential Tenancies Act & Ministerial Regulations and the Mobile Home Sites Tenancies Act &
Ministerial Regulations can be purchased from:
QUEEN’S PRINTER BOOKSTORE, EDMONTON
Address: Main Floor, Park Plaza
10611-98 Avenue
Edmonton, AB
T5K 2P7
Dial Rite Number for toll free service: 310-0000
Phone: (780) 427-4952
Fax: (780) 452-0668
QUEEN’S PRINTER BOOKSTORE, CALGARY
Address: Main Floor, McDougall Centre
466-6 th Street SW
Calgary, AB
T2P 4E8
Phone: (403) 297-6251
Fax: (403) 297-8450
Regional Municipality of Wood Buffalo
Landlord and Tenant Advisory Board
24 hour automated information line
743-5000
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FORT MCMURRAY LANDLORD AND TENANT ADVISORY BOARD
What we do…
Receive complaints and seek to mediate disputes between landlords and tenants at no cost.
Educate and advise landlords and tenants concerning rental practices, rights and remedies.
Distribute materials such as lease agreements and inspection reports.
Receive inquiries either over the phone or on a drop-in basis.
What we don’t do…
Enforce the legislation.
Inspect rental units.
Act as a collection agency for landlords and tenants.
Force tenants or landlords to comply.
Contact
Landlord and Tenant Advisory Board
3 rd Floor, City Hall
9909 Franklin Avenue
Fort McMurray, AB
T9H 2K4
Phone: (780) 743-5000
Fax: (780) 743-7025
Hours of Operation: Monday thru Friday from 9:00am – 3:00pm.
A volunteer board member is available for emergency calls after 6:00pm.
Website: www.woodbuffalo.ab.ca/landord
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to the:
Calgary Landlord and Tenant Advisory Board
Edmonton Landlord and Tenant Advisory Board
Red Deer Landlord and Tenant Advisory Office
Alberta Government Services
This booklet was developed based on information produced by these organizations. Without
their help, this project would not have been made possible. We would like to acknowledge their
contribution, and thank them again for their support.
Published by:
Regional Municipality of Wood Buffalo
Family and Community Support Services Division
Revised November 1, 2004
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