Residential Tenancy Act - Alberta
Part 1 - Periodic Tenancies
Notice of termination of periodic tenancy
5(1) A weekly, monthly or yearly tenancy may be terminated by
either the landlord or the tenant on notice to the other.
(2) The notice
(a) must be served in sufficient time to give the period of notice
required by section 7, 8, 9, 11 or 12, as the case may be, and
(b) must meet the requirements of section 10.
(3) A tenancy not referred to in subsection (1) that is terminable on
notice must, unless otherwise agreed, be terminated as provided by
section 10 and the notice must be served on the landlord or tenant,
as the case may be.
(4) If a periodic tenancy of residential premises is for a period of
more than one week but less than one year, that tenancy is, for the
purposes of terminating the tenancy, deemed to be a monthly
tenancy.
(5) A period of notice required by section 7, 8, 9, 11 or 12 may be
modified by a regulation made under section 70(1)(c.1).
2004 cR-17.1 s5;2007 c11 s1
Termination by landlord
6(1) A notice under this Part from a landlord to a tenant to
terminate a periodic tenancy is of no effect unless the termination is
for one or more of the prescribed reasons or for the reasons set out
in section 11 or 12.
(2) A landlord who gives a notice under this Part to a tenant to
terminate a periodic tenancy for one or more of the prescribed
reasons or for the reasons set out in section 12 contravenes this Act
if the tenant vacates the premises and the landlord does not use the
premises for the reasons set out in the notice within a reasonable
time after the termination date set out in the notice.
Notice to terminate weekly tenancy
7 A notice to terminate a weekly tenancy given by a landlord or
tenant must be served on the other party on or before the first day
of the tenancy week to be effective on the last day of that tenancy
week.
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.
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.
(2) If a notice to terminate a weekly, monthly or yearly tenancy is
not served in sufficient time to give the period of notice required by
section 7, 8 or 9, as the case may be, the notice is still effective to
terminate
(a) the weekly tenancy on the last day of the first complete
tenancy week following the date on which the notice is
served,
(b) the monthly tenancy
(i) if the notice is served by a tenant on the tenant’s
landlord, on the last day of the first complete tenancy
month following the date on which the notice is served,
or
(ii) if the notice is served by a landlord on the landlord’s
tenant, on the last day of the first complete notice period
following the date on which the notice is served,
or
(c) the yearly tenancy
(i) if the notice is served before the end of the tenancy year
by a tenant on the tenant’s landlord, 60 days from the
date on which the notice is served, or
(ii) if the notice is served before the end of the tenancy year
by a landlord on the landlord’s tenant, 90 days from the
date on which the notice is served.
(3) Subsection (2) does not apply to a notice to terminate under
section 11 or 12.
Notice to terminate tenancy of employee
11 If a periodic tenancy of residential premises has been entered
into by reason of the tenant’s employment by the landlord and that
employment is terminated, either the landlord or the tenant may
terminate the tenancy by serving notice on the other party in
sufficient time to provide a period of notice of termination of the
tenancy that is
(a) a period equal to
(i) the period of notice of termination of employment
required under any law in force in Alberta that is
applicable to the tenant’s employment,
(ii) the period of notice of termination of employment
agreed on by the landlord and the tenant, or
(iii) one week,
whichever is longest, or
(b) a period prescribed in or determined in accordance with the
regulations.
Notice to terminate for condominium conversion
12(1) In this section,
(a) “condominium plan” means a condominium plan as defined
in the Condominium Property Act;
(b) “condominium unit” means a unit as defined in the
Condominium Property Act.
(2) If after the commencement of a periodic tenancy of residential
premises
(a) a condominium plan that includes or is proposed to include
those residential premises is registered or is proposed to be
registered in the land titles office, and
(b) termination of that tenancy is sought for the purpose of
obtaining vacant possession of the residential premises in
order that the residential premises or any part of them may
be sold as a condominium unit or as part of a condominium
unit,
the landlord may terminate that tenancy by serving a notice of
termination on the tenant at least 180 days before the day named in
the notice for the termination of the residential tenancy agreement.
(3) Notwithstanding subsection (2), if the residential tenancy
agreement is terminated by the tenant before the day specified in
the notice, the landlord may rent the premises to another tenant for
the period remaining until the day specified in the notice, if the
landlord gives that tenant notice of the termination date before
entering into the residential tenancy agreement.
Implied periodic tenancy
13 When a periodic tenancy is implied by operation of law after
the expiration or termination of a prior fixed term tenancy, the
implied tenancy, in the absence of facts showing a contrary
intention, is
(a) if the prior tenancy was for a fixed term of one month or
more, a monthly tenancy, or
(b) if the prior tenancy was for a fixed term of less than one
month, a weekly tenancy.
Notice of increase in rent
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.
(2) A notice under this section must indicate the date on which the
increase is to be effective and must be dated and signed by the
landlord.
(3) If the residential tenancy agreement provides for a period of
notice longer than the period specified in subsection (1), the
landlord must give at least that longer period of notice before
increasing the rent payable or recovering any additional rent
resulting from the increase.
(4) A landlord shall not increase the rent payable under a
residential tenancy agreement or recover any additional rent
resulting from an increase unless the prescribed amount of time has
passed, which shall not be less than 1 year.
(5) A tenant under a periodic tenancy who receives a notice under
this section and who fails to give to the landlord notice of
termination effective on or before the date the rent increase is to be
effective is deemed to have agreed to the increase in rent.
(6) A notice of increase in rent that does not comply with or is not
given in accordance with this section is void.
(7) A tenant who pays increased rent pursuant to a notice of
increase in rent that does not comply with or is not given in
accordance with this section may recover the amount by which the
rent was increased in an action in debt.
(8) A period of notice required by this section may be modified by
a regulation made under section 70(1)(c.1).
2004 cR-17.1 s14;2007 c11 s1
Part 2 - Obligations of Landlords and Tenants
Notice to terminate not required
15 Notwithstanding any agreement to the contrary, notice to
terminate is not required in order to terminate a fixed term tenancy.
Landlord’s covenants
16 The following covenants of the landlord form part of every
residential tenancy agreement:
(a) that the premises will be available for occupation by the
tenant at the beginning of the tenancy;
(b) that, subject to section 23, neither the landlord nor a person
having a claim to the premises under the landlord will in any
significant manner disturb the tenant’s possession or
peaceful enjoyment of the premises;
(c) that the premises will meet at least the minimum standards
prescribed for housing premises under the Public Health Act
and regulations.
Copy of agreement for tenant
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).
Notice of landlord
18(1) In this section, “notice of landlord” means a written notice
that is dated and signed by the landlord and sets out the name of
one of the persons who falls within the definition of landlord and a
postal address and physical location in Canada for that person.
(2) When a tenant enters into a residential tenancy agreement with
a landlord, the landlord shall serve the tenant with a notice of
landlord within 7 days after the day on which the tenant takes
possession of the residential premises.
(3) A landlord of residential premises that are contained in a
building or complex with common areas may, instead of complying
with subsection (2), post the notice of landlord in a conspicuous
place in a common area.
(4) If the information in the notice of landlord changes, the
landlord shall forthwith serve the tenant with a new notice with the
current information or, if the landlord has posted the notice under
subsection (3), forthwith post a new notice with the current
information.
(5) The landlord who posts a notice of landlord under this section
shall take all reasonable steps to ensure that it remains posted.
2004 cR-17.1 s18;2009 c7 s11
Inspection report
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.
(4) For the purposes of subsection (3) the landlord may propose
alternative inspection times, with the inspection to take place on the
2nd date and time if it does not proceed on the first date and time.
(5) A report must contain the prescribed statements and be signed
in accordance with the regulations.
(6) A landlord shall
(a) keep a copy of an inspection report prepared under this
section for at least 3 years after the termination of the
tenancy, and
(b) make the inspection report available for inspection by the
Director or an authorized person for the purposes of an
inspection or investigation under Part 6.
Time of expiration or termination
20(1) Unless the landlord and tenant agree on a different time, a
tenancy that expires or is terminated ends at 12 noon on the last day
of the tenancy.
(2) This section does not apply to a tenancy terminated by notice
under section 30.
Tenant’s covenants
21 The following covenants of the tenant form part of every
residential tenancy agreement:
(a) that the rent will be paid when due;
(b) that the tenant will not in any significant manner interfere
with the rights of either the landlord or other tenants in the
premises, the common areas or the property of which they
form a part;
(c) that the tenant will not perform illegal acts or carry on an
illegal trade, business or occupation in the premises, the
common areas or the property of which they form a part;
(d) that the tenant will not endanger persons or property in the
premises, the common areas or the property of which they
form a part;
(e) that the tenant will not do or permit significant damage to
the premises, the common areas or the property of which
they form a part;
(f) that the tenant will maintain the premises and any property
rented with it in a reasonably clean condition;
(g) that the tenant will vacate the premises at the expiration or
termination of the tenancy.
Assignment and sublease
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.
(3) When
(a) the Banff Housing Corporation is the landlord under a
residential tenancy agreement,
(b) the tenant under that agreement is a person other than the
Crown, and
(c) that agreement has a fixed term of 25 or more years,
the only grounds on which the Banff Housing Corporation may
refuse to give its consent to an assignment or sublease are those set
out in the regulations.
(4) If a landlord does not respond to a request for a consent within
14 days after receiving the request, the landlord is deemed to have
given consent.
(5) A landlord who refuses to give consent shall provide the tenant
who requested consent with written reasons for the refusal.
(6) A landlord shall not charge a fee or other consideration for
giving consent to an assignment or sublease.
Entry of premises
23(1) Except as otherwise permitted in this section, no landlord
shall enter residential premises rented by the landlord without the
consent of the tenant or of an adult person lawfully on the
premises.
(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.
(3) Subject to subsection (4), a landlord is entitled to enter
residential premises rented by the landlord without consent but
after notice to the tenant
(a) to inspect the state of repair of the premises,
(b) to make repairs to the premises,
(c) to take necessary steps to control pests in the premises to
ensure that the premises meet standards in that regard that
are required under any law in force in Alberta,
(d) for the purpose of showing the premises, whether directly or
through a real estate broker, to prospective purchasers or
mortgagees of the premises, or
(e) to show the premises to prospective tenants after a landlord
or tenant has served notice of termination of a periodic
tenancy or during the last month of a fixed term tenancy.
(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.
(5) A notice under subsection (3) must
(a) be in writing,
(b) be signed by the landlord or the landlord’s agent,
(c) state the reason for the entry, and
(d) name a date and time of entry that comply with subsection
(4).
(6) The date and time of entry referred to in subsection (5)(d) may
be expressed as a period of time of reasonable duration, which
must begin and end at specified times.
Locks and security devices
24(1) Neither a tenant nor a landlord shall add to or change locks
on doors giving access to residential premises or to the property of
which the residential premises form a part without the consent of
the other party.
(2) Notwithstanding subsection (1), a landlord may add to or
change locks on doors giving access to residential premises or to
the property of which the residential premises form a part if a key
is made available to the tenant as soon as the addition or change is
made.
(3) Subsection (1) does not apply to the installation by a tenant of
a security device that
(a) is capable of being put into effect only while a person is
inside the residential premises, and
(b) can be installed and removed without damage to the
premises or will remain affixed to the premises and become
the property of the landlord when the tenancy is terminated.
(4) Where a tenant adds to or changes a lock in accordance with
subsection (1) the tenant shall make a key available to the landlord
as soon as the addition or change is made.
Prohibition re termination of tenancy
25 No landlord shall
(a) terminate a tenancy, or
(b) take any kind of retaliatory action against a tenant including,
without limitation, the imposition of a financial penalty,
by reason only of the tenant’s having made an application, filed a
statement, made a complaint, assisted in an investigation or inquiry
or given evidence at a hearing under this Act or the Public Health
Act.
Part 3 - Remedies of Landlords and Tenants
Landlord’s remedies
26(1) If a tenant commits a breach of a residential tenancy
agreement, the landlord may apply to a court for one or more of the
following remedies:
(a) where the breach consists of non-payment of rent, recovery
of arrears of rent;
(b) where the breach consists of failing to give up possession of
the residential premises,
(i) recovery of possession of the premises from the
overholding tenant, and
(ii) recovery of compensation for the use and occupation of
the premises by the overholding tenant;
(c) where the breach is a substantial breach, termination of the
tenancy;
(d) recovery of damages resulting from the breach.
(2) An application under subsection (1) must be supported by an
affidavit setting out the following:
(a) if a claim is made for the recovery of arrears of rent, the
amount of rent in arrears and the time during which it has
been in arrears;
(b) if a claim is made for the recovery of damages resulting
from a breach of the residential tenancy agreement, the
details of the breach and the amount of damages claimed;
(c) if a claim is made for the recovery of compensation for the
use and occupation of premises by an overholding tenant,
(i) the date of the expiration of the tenancy or, if the
tenancy was terminated, the method of termination and
the effective date of the termination,
(ii) the reasons for the tenant’s failure to vacate the
premises, to the extent known,
(iii) the nature of the use and occupation by the overholding
tenant, to the extent known,
(iv) the rent payable under the prior tenancy agreement, and
(v) the amount of compensation claimed;
(d) if a claim is made for the recovery of possession of the
premises from an overholding tenant,
(i) the date of the expiration of the tenancy or, if the
tenancy was terminated, the method of termination and
the effective date of the termination, and
(ii) the reasons for the tenant’s failure to vacate the
premises, to the extent known;
(e) if a claim is made for the termination of the tenancy by
reason of a substantial breach of the tenancy agreement, the
details of the breach and the requested termination date.
Repudiation of tenancy
27(1) If a tenant by abandonment of the residential premises or
otherwise gives the landlord reasonable grounds to believe that the
tenant has repudiated the residential tenancy agreement, the
landlord may either
(a) accept the repudiation as a termination of the tenancy, or
(b) refuse to accept the repudiation and continue the tenancy.
(2) In the case of a periodic tenancy, for the purposes of
subsections (3) and (7), the tenant’s acts of repudiation constitute a
proper notice effective to terminate the tenancy on the earliest date
that the tenant could have terminated the tenancy under this Act.
(3) A landlord who accepts the repudiation as a termination of the
tenancy may recover
(a) damages resulting from a breach of the residential tenancy
agreement prior to the repudiation, and
(b) damages for the loss of the benefit of the residential tenancy
agreement
(i) in the case of fixed term tenancy, until it would have
expired had the landlord not accepted the repudiation, or
(ii) in the case of a periodic tenancy, until the termination
date.
(4) Notwithstanding subsection (3)(b), a landlord shall make
reasonable efforts to mitigate the damages for the loss of the
benefits of the residential tenancy agreement.
(5) A landlord who refuses to accept the repudiation and elects to
continue the tenancy shall make reasonable efforts to mitigate the
tenant’s liability for rent under the residential tenancy agreement.
(6) A landlord who rents the premises to a new tenant in order to
mitigate a tenant’s liability for rent under a residential tenancy
agreement
(a) is deemed to have accepted the repudiation of the landlord’s
previous tenant as terminating that tenancy at the time the
new tenancy commences, and
(b) may recover damages in the same manner as if the landlord
had accepted the tenant’s repudiation of the residential
tenancy agreement.
(7) Subject to subsection (5), a landlord who refuses to accept the
repudiation and elects to continue the tenancy may, so long as the
landlord has not rented the premises to a new tenant, recover rent
accruing under the residential tenancy agreement
(a) in the case of a fixed term tenancy, until it expires, or
(b) in the case of a periodic tenancy, until the termination date.
Termination for substantial breach by landlord
28(1) A tenant may apply to a court to terminate the tenancy or
may terminate the tenancy by serving the landlord with a notice at
least 14 days before the day that the tenancy is to terminate where
(a) the landlord commits a substantial breach of the residential
tenancy agreement, and
(b) an executive officer has issued an order under section 62 of
the Public Health Act in respect of the circumstances that
constitute the substantial breach, and the tenant believes on
reasonable grounds that the landlord has failed to comply
with the order.
(2) The notice must
(a) be in writing,
(b) be signed by the tenant,
(c) set out the reasons for the termination, and
(d) set out the termination date.
(3) A notice to terminate under this section is ineffective if
(a) within 7 days from the date the landlord receives the notice,
the landlord serves the tenant with a notice in writing
objecting to the termination on the grounds that the landlord
has complied with the order under the Public Health Act or
has been granted a stay of the order, and
(b) at the time of serving the notice of objection the landlord
has complied with the order or has been granted a stay of
the order.
2004 cR-17.1 s28;2005 c32 s2
Termination for substantial breach by tenant
29(1) If a tenant commits a substantial breach of a residential
tenancy agreement, the landlord may apply to a court to terminate
the tenancy or may terminate the tenancy by serving the tenant with
a notice at least 14 days before the day that the tenancy is to
terminate.
(2) The notice must
(a) be in writing,
(b) be signed by the landlord or the landlord’s agent,
(c) set out separately
(i) the rent due as of the date of the notice, and
(ii) any additional rent that may become due during the
notice period,
(d) set out the reasons for the termination, and
(e) set out the termination date.
(3) Where a landlord terminates a tenancy for non-payment of
rent, the notice to terminate must state that the tenancy will not be
terminated if, on or before the termination date specified in the
notice, the tenant pays the rent due and any additional rent that has
become due under the residential tenancy agreement as of the date
of payment.
(4) A notice to terminate under this section is ineffective if, before
the termination date given in the notice, the tenant
(a) pays all rent due as of the date of payment, if the alleged
breach is a failure to pay rent, or
(b) serves the landlord with a notice in writing objecting to the
termination that sets out the tenant’s reasons for objecting, if
the alleged breach is other than a failure to pay rent.
2004 cR-17.1 s29;2005 c32 s3
Where premises are occupied by surviving
spouse or partner
29.1 If residential premises are occupied by a surviving spouse or
adult interdependent partner pursuant to Division 1 of Part 5 of the
Wills and Succession Act, any application under section 26, 28 or
29 must be made to the Court of Queen’s Bench.
2010 cW-12.2 s122
Termination of tenancy for damage or assault
30(1) Notwithstanding section 29, if a tenant has
(a) done or permitted significant damage to the residential
premises, the common areas or the property of which they
form a part, or
(b) physically assaulted or threatened to physically assault the
landlord or another tenant,
the landlord may apply to a court to terminate the tenancy or may
terminate the tenancy by serving the tenant with a notice at least 24
hours before the time that the tenancy is to terminate.
(2) The notice must
(a) be in writing,
(b) be signed by the landlord or the landlord’s agent,
(c) set out the reasons for the termination, and
(d) set out the time and date that the tenancy is to terminate.
(3) If a landlord terminates a tenancy by serving a notice under
subsection (1) and the tenant has not vacated the premises by the
time and date set out in the notice, the landlord may within 10 days
after the termination date apply to a court for an order confirming
the termination of the tenancy and for any remedy that may be
granted under section 26.
(4) An application under subsection (3) must be supported by an
affidavit setting out the following:
(a) details of the damage or physical assault or threat;
(b) a copy of the notice to terminate and the time and date it
was served.
(5) If the landlord has not applied to a court to confirm the
termination of the tenancy within 10 days after the termination date
and the tenant has not vacated the premises, the termination of the
tenancy by notice of the landlord is ineffective and the tenancy is
deemed never to have been terminated by notice of the landlord
under this section.
(6) A court may grant an order confirming the termination of the
tenancy if satisfied that the tenant has done or permitted significant
damage or committed the assault or threat referred to in subsection
(1).
(7) If a court is not satisfied that the tenant has done or permitted
significant damage or committed the assault or threat referred to in
subsection (1), the court may declare the termination of the tenancy
by notice of the landlord to be ineffective and the tenancy is
deemed never to have been terminated by notice of the landlord
under this section.
Abandoned goods
31(1) In this section, “abandoned goods” means goods left at
residential premises by a tenant who has
(a) abandoned the premises, or
(b) vacated the premises and whose tenancy has expired or been
terminated.
(2) A landlord who believes on reasonable grounds that abandoned
goods have a total market value of less than the prescribed amount
may dispose of the goods.
(3) Notwithstanding that abandoned goods have a value equal to or
greater than the prescribed amount, a landlord who on reasonable
grounds believes
(a) that the storage of the goods would be unsanitary or unsafe
or would rapidly result in total or substantial depreciation in
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.
(4) If subsections (2) and (3) do not apply, the landlord
(a) shall store or arrange for storage of the goods on behalf of
the tenant until the expiration of the prescribed period after
the date of their abandonment, and
(b) afterwards may dispose of the goods by public auction or,
with the approval of a court, by private sale.
(5) If no bid is received for the abandoned goods at a public
auction held under subsection (4)(b), the landlord may dispose of
the goods.
(6) No liability attaches to a person for
(a) selling goods under subsection (3) or (4)(b), or
(b) disposing of goods under subsection (2) or (5).
(7) Where abandoned goods are disposed of or sold under this
section, the person acquiring the goods on the disposal or sale
acquires the tenant’s interest in those goods and the tenant’s
interest in the goods is extinguished.
(8) A landlord shall, on payment of the landlord’s proper costs of
removing and storing the abandoned goods, give up possession of
the goods to the tenant or to the person entitled to them.
(9) A landlord may apply the proceeds of any sale of abandoned
goods
(a) to the landlord’s proper costs of removing, storing and
selling the goods, and
(b) to satisfy the tenant’s liabilities to the landlord in respect of
the tenancy, if the liabilities are established in accordance
with the regulations,
and shall pay the surplus, if any, to the Minister.
(10) The Minister shall retain the surplus on behalf of the tenant
for one year and afterwards, if the tenant has not claimed it, pay the
surplus into the General Revenue Fund.
(11) On payment of the surplus into the General Revenue Fund
under subsection (10), the tenant’s claim to that surplus is
extinguished.
(12) This section does not apply to goods on premises against
which a civil enforcement agency executes an order of possession.
(13) A landlord shall keep a record of the storage, disposition or
sale of goods under this section including
(a) a description of the goods,
(b) the period for which and the location at which they were
stored,
(c) in a case where subsection (8) applies, the costs claimed by
the landlord and the date on which the goods were returned
to the tenant,
(d) where the goods are sold, the particulars of the sale, the
amount claimed by the landlord under subsection (9) and the
amount, if any, paid to the Minister under subsection (9),
and
(e) where the goods are neither returned to the tenant nor sold,
the manner in which they were disposed of.
(14) A landlord shall keep a record referred to in subsection (13)
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.
2004 cR-17.1 s31;2006 c23 s69;2008 c43 s10;2011 c14 s25
Recovery of damages
32 In an application to a court for the recovery of damages
resulting from the tenant’s breach of the tenant’s covenant to
vacate the residential premises at the expiration or termination of
the tenancy, a landlord may recover
(a) general damages the landlord has suffered resulting from the
tenant’s failure to vacate the premises, and
(b) special damages the landlord has suffered resulting from the
landlord’s liability to a new tenant because of the landlord’s
failure to deliver possession of the premises to the new
tenant, if the tenant could reasonably have foreseen that
those damages would be a consequence of the tenant’s
failure to vacate the premises.
Notice to vacate
33(1) If the tenant having the right to occupy residential premises
has abandoned the premises, the landlord may require a person
living in the premises who is not a tenant to vacate the premises by
serving the person with a notice to vacate.
(2) The notice to vacate under subsection (1) must give the person
living in the premises at least 48 hours to vacate the premises from
the time that the notice is served.
(3) A notice to vacate must
(a) be in writing,
(b) be signed by the landlord or the landlord’s agent, and
(c) set out the time and date by which the person must vacate
the premises.
(4) If the person on whom a notice to vacate is served fails to
vacate the premises by the time and date specified in the notice, the
landlord may apply to a court for an order terminating the tenancy
of the tenant who abandoned the premises and for recovery of
possession of the premises.
(5) An application under subsection (4) must be supported by an
affidavit setting out the following:
(a) the date that the premises were abandoned by the tenant, to
the extent known;
(b) a copy of the notice to vacate and the time, date and manner
in which it was served;
(c) the reasons for the person’s failure to vacate the premises, to
the extent known.
(6) A court may grant an order under subsection (4) if satisfied that
the tenant has abandoned the premises and that the person living in
the premises is not a tenant.
(7) Nothing in this section prevents a landlord from applying to a
court for additional remedies under section 26.
Order for recovery of possession
34 An order for recovery of possession of residential premises
(a) shall direct the tenant or overholding tenant or, where
section 33 applies, the person living in the premises and the
tenant, to give up possession of the premises to the landlord
by a specified date or within a specified time after service of
the order,
(b) shall include a statement to the effect that a civil
enforcement agency has authority, after service of the order
has been effected, to evict any occupant of the premises, and
(c) may be served in a manner provided for by section 57 or in
any other manner that the court directs.
2004 cR-17.1 s34;2011 c14 s25
Requirements respecting eviction
34.1 A civil enforcement agency has authority to evict an
occupant from residential premises
(a) only in accordance with an order for recovery of possession,
and
(b) unless the court orders otherwise, only after the civil
enforcement agency is satisfied that
(i) the order has been served on the tenant or overholding
tenant or, where section 33 applies, the person living in
the premises and the tenant, and
(ii) an affidavit of service has been filed in the Court of
Queen’s Bench by the person who has the order for
recovery of possession.
2011 c14 s25
Notice of default required
35 If an order for recovery of possession of premises is stayed
while payments are being made in accordance with the order
granting the stay, the order for recovery of possession may not,
unless the court orders otherwise, subsequently be enforced until
notice of default is served on the tenant.
2004 cR-17.1 s35;2011 c14 s25
Notice to vacate
36(1) A landlord may require a person who is not a tenant but who
is living in residential premises occupied by a tenant to vacate the
premises by serving the person with a notice to vacate.
(2) The notice to vacate under subsection (1) must give the person
living in the premises at least 14 days to vacate the premises from
the day that the notice is served.
(3) A notice to vacate must
(a) be in writing,
(b) be signed by the landlord or the landlord’s agent, and
(c) set out the time and date by which the person must vacate.
(4) If the person on whom a notice to vacate is served fails to
vacate the premises by the time and date specified in the notice, the
landlord may apply to a court for an order directing the person to
vacate the premises.
(5) An application under subsection (4) must be supported by an
affidavit setting out the following:
(a) a copy of the notice to vacate and the time, date and manner
in which it was served;
(b) the reasons for the person’s failure to vacate the premises, to
the extent known.
Tenant’s remedies
37(1) If a landlord commits a breach of a residential tenancy
agreement or contravenes this Act, the tenant may apply to a court
for one or more of the following remedies:
(a) recovery of damages resulting from the breach or
contravention;
(b) abatement of rent to the extent that the breach or
contravention deprives the tenant of the benefit of the
residential tenancy agreement;
(c) compensation for the cost of performing the landlord’s
obligations;
(d) termination of the tenancy by reason of the breach or
contravention if in the opinion of the court the breach or
contravention is of such significance that the tenancy should
be terminated.
(2) An application under subsection (1) must be supported by an
affidavit setting out the following:
(a) if a claim is made for the recovery of damages resulting
from a breach of the residential tenancy agreement or a
contravention of this Act, the details of the breach or
contravention and the amount of damages claimed;
(b) if a claim is made for abatement of rent by reason of a
breach of a residential tenancy agreement or a contravention
of this Act,
(i) the rent payable under the residential tenancy agreement,
(ii) the details of the breach or contravention,
(iii) the benefit of the residential tenancy agreement that the
tenant was deprived of, and
(iv) the amount of rent abatement claimed;
(c) if a claim is made for compensation for the cost of
performing the landlord’s obligations,
(i) the rent payable under the residential tenancy agreement,
(ii) the details of the breach of the residential tenancy
agreement or of the contravention of this Act,
(iii) the obligations performed on the landlord’s behalf, and
(iv) the amount of compensation claimed;
(d) if a claim is made for termination of the tenancy by reason
of a breach of the residential tenancy agreement or a
contravention of this Act, the details of the breach or
contravention and the requested termination date.
Possession unobtainable
38 If at the beginning of the tenancy the landlord is in breach of
the landlord’s covenant under section 16(a) or (c), the tenant may
do one or more of the following:
(a) repudiate the residential tenancy agreement or apply to the
Court of Queen’s Bench for specific performance of the
covenant;
(b) recover general damages resulting from the breach;
(c) recover special damages resulting from the breach if the
landlord could reasonably have foreseen that those damages
would be a consequence of the breach.
Compensation to tenant
39 On hearing an application by a tenant for the recovery of
damages or for compensation for the cost of performing the
landlord’s obligations, a court may
(a) direct that the tenant pay into the court, pending and after
disposition of the application, those amounts of rent as they
become due that the court considers appropriate, and
(b) direct that any amount of rent paid into the court be
disbursed
(i) to the tenant as damages, or
(ii) to the landlord, the tenant or a third party, for costs
reasonably incurred in performing the landlord’s
obligations,
and that any remaining amount be paid to the landlord.
Frustration of tenancy agreement
40(1) A residential tenancy agreement is frustrated if
(a) the residential premises that are the subject of the residential
tenancy agreement are destroyed,
(b) the residential premises, the common areas or the property
of which they form a part are damaged to such an extent that
(i) a reasonable landlord would not repair the damage, or
(ii) a reasonable tenant would not be willing to remain as a
tenant,
(c) an order is made under section 62 of the Public Health Act
that closes the residential premises, declares the residential
premises unfit for habitation or otherwise operates so as to
make the continuation of the tenancy practically impossible,
or
(d) the residential premises, the common areas or the property
of which they form a part are in a condition that contravenes
an enactment that regulates health and safety in housing
accommodation, and the condition is not remedied in
accordance with that enactment.
(2) The law pertaining to frustration of a contract applies with
respect to a residential tenancy agreement that is frustrated.
Application for remedy to court
41 If a landlord or tenant applies to a court to obtain a remedy
under section 26, 30, 33, 36, 37 or 47.3(7), the landlord or tenant
shall serve on the other party to the application a notice of the
application and a supporting affidavit at least 3 days, exclusive of
holidays and Saturdays, or any shorter period of time that the court
may approve, before the day named in the notice for the hearing.
2004 cR-17.1 s41;2015 c20 s3
Order of court
42 On hearing an application and considering the oral and
affidavit evidence submitted, a court may
(a) make an order granting or denying the remedy in whole or
in part, or
(b) direct a trial to determine an issue that remains unresolved
by the evidence submitted.
2004 cR-17.1 s42;2009 c53 s163
Part 4 - Security Deposits
Amount of security deposit
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.
Trust account
44(1) A landlord shall
(a) deposit each security deposit consisting of money received
by the landlord into an interest-bearing trust account at a
bank, treasury branch, credit union or trust corporation in
Alberta within 2 banking days after receiving the deposit,
and
(b) ensure that the security deposit remains in trust until it is
disposed of in accordance with this Act and the regulations.
(2) A landlord is the trustee of the money in a trust account on
behalf of the tenant who paid it or, if the tenant has assigned the
residential tenancy agreement with the consent of the landlord
under section 22, the assignee.
(3) A landlord shall deposit only money that is a security deposit
in the trust account.
(4) Money in the trust account is subject to this Act and the
regulations and to the provisions of the residential tenancy
agreement respecting security deposits that are not in conflict with
this Act or the regulations.
(5) A landlord shall
(a) keep security deposit records that show with respect to each
tenant
(i) the date of receipt of a security deposit by the landlord
and the amount of the security deposit,
(ii) the date on which the security deposit was deposited in a
financial institution and the name and location of the
financial institution,
(iii) particulars of the interest payable and paid to the tenant,
and
(iv) particulars of the disposition of the security deposit
under section 46, including the manner in which the
security deposit or part of it was delivered to the tenant,
and
(b) make the security deposit records available for inspection by
the Director or an authorized person for the purposes of an
inspection or investigation under Part 6.
(6) A landlord shall keep security deposit records under subsection
(5) for at least 3 years after the expiration or termination of the
tenancy to which they relate.
Interest on security deposit
45(1) Subject to subsection (2), a landlord shall pay annually to
the tenant interest calculated at the prescribed rate on a security
deposit consisting of money.
(2) If a security deposit consists of money, a tenant and the
tenant’s landlord may agree in writing that the interest on the
security deposit shall not be paid annually and in that case the
interest shall be compounded annually and be paid to the tenant on
the expiration or termination of the tenancy.
(3) A landlord is entitled to retain any interest and profit resulting
from the investment of a security deposit in excess of the amount
of interest payable to the tenant under this section.
(4) If a landlord and tenant agree that interest is to be payable
under this section at a rate higher than the rate prescribed pursuant
to this section, subsections (1), (2) and (3) are deemed to refer to
the higher rate.
Return of security deposit
46(1) In this section,
(a) “deliver” means to deliver by personal service or send by
regular mail or registered mail;
(b) “normal wear and tear” in respect of residential premises
means the deterioration that occurs over time with the use of
the premises even though the premises receive reasonable
care and maintenance;
(c) “security deposit” includes any amount owing to the tenant
as interest under section 45 at the time of the expiration or
termination of the tenancy.
(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.
(3) If a landlord fails to return all or part of a security deposit to a
tenant in accordance with subsection (2), then, whether or not a
statement of account was delivered to the tenant, the tenant may
commence an action in a court to recover the whole of the deposit
or that part of the deposit to which the tenant claims to be entitled.
(4) In proceedings taken under subsection (3), the court
(a) shall determine the amounts, if any, that the landlord is
entitled to deduct from the security deposit in accordance
with the conditions agreed to by the tenant, and
(b) if the deductions so determined are less than the amount of
the deposit, shall give judgment in favour of the tenant for
the balance.
(5) No deduction may be made from a tenant’s security deposit for
normal wear and tear to the residential premises during the period
of the tenant’s tenancy.
(6) A landlord shall not make a deduction from a tenant’s security
deposit for damages to the residential premises unless the
requirements respecting inspection reports under section 19 have
been met.
2004 cR-17.1 s46;2005 c32 s4;2016 c18 s17
Obligations and rights of new landlord
47(1) 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 in respect of the residential premises.
(2) A person who acquires the interest of a landlord in residential
premises shall, within a reasonable time after acquiring the interest
and without cost to the tenant, serve on the tenant
(a) a notice of landlord that meets the requirements of section
18, and
(b) a statement setting out the amount of the security deposit
and interest, calculated in accordance with the regulations,
standing to the tenant’s credit as of the date the person
acquired the interest in the residential premises.
Part 4.1 - Victims of Domestic Violence
Definition
47.1 In this Part, except in section 47.3, “court” includes any
court of competent jurisdiction.
2015 c20 s4
Domestic violence
47.2(1) For the purposes of this Part, domestic violence occurs
when a person, that person’s dependent child or a protected adult
who lives with that person is subjected to any of the acts or
omissions listed in subsection (2) by another person who
(a) is or has been married to that person, is or has been an adult
interdependent partner of that person or is residing or has
resided together with that person in an intimate relationship,
(b) is or has been in a dating relationship with that person,
regardless of whether they have lived together at any time,
(c) is the biological or adoptive parent of one or more children
with that person, regardless of their marital status or
whether they have lived together at any time,
(d) is related to that person by blood, marriage or adoption or
by virtue of an adult interdependent relationship, regardless
of whether they have lived together at any time, or
(e) resides with that person and has care and custody over that
person pursuant to an order of a court.
(2) The following acts and omissions constitute domestic violence
for the purposes of this Part:
(a) any intentional or reckless act or omission that causes injury
or property damage and that intimidates or harms a person;
(b) any act or threatened act that intimidates a person by
creating a reasonable fear of property damage or injury to a
person;
(c) conduct that reasonably, in all circumstances, constitutes
psychological or emotional abuse;
(d) forced confinement;
(e) sexual contact of any kind that is coerced by force or threat
of force;
(f) stalking.
2015 c20 s4
Termination of tenancy for domestic violence
47.3(1) A tenant may terminate a tenancy by giving notice in
accordance with subsection (2) if, because of domestic violence,
the tenant believes that his or her own safety, that of a dependent
child of the tenant or of a protected adult who lives with the tenant
is at risk if the tenancy continues.
(2) To terminate a tenancy under subsection (1), the tenant shall
serve the landlord with
(a) a notice at least 28 days before the day that the tenancy is to
terminate, and
(b) a certificate in the prescribed form signed by the designated
authority confirming that there are grounds for terminating
the tenancy.
(3) A notice to terminate under this section must
(a) be in writing,
(b) be signed by the tenant,
(c) set out the termination date, and
(d) be given no later than 90 days after the date on which the
certificate under subsection (2)(b) is issued.
(4) If notice to terminate a tenancy is given under this section,
(a) the tenant shall be responsible for payment of rent only for
the period of notice provided under subsection (2)(a) and
any rent payable during the relevant rent payment period or
periods shall be prorated if necessary,
(b) the tenant shall not be subject to any penalty under the
residential tenancy agreement that would be due only
because of early termination of the agreement, and
(c) on the request of the tenant, the landlord shall apply a
security deposit paid in respect of the residential premises in
payment of the rent during the notice period provided under
subsection (2)(a).
(5) Where a tenancy is terminated under this section, the tenancy is
terminated for all the tenants in the same residential premises but,
for greater certainty, the other tenants and the landlord may agree
to enter into a new landlord and tenant relationship.
(6) In a case where a tenancy is held by more than one tenant, the
designated authority may require a tenant to advise the designated
authority when notice under this section is served so that the
designated authority may, in coordination with the landlord, take
steps to notify the other tenants that the tenancy will terminate.
(7) A landlord may apply to a court to set aside a notice given
under this section only on the ground that the notice to terminate
and the certificate were not properly served on the landlord.
(8) An application under subsection (7) must be made prior to the
expiry of the period of notice under subsection (2)(a) and must be
supported by an affidavit setting out a copy of the notice to
terminate and certificate received by the landlord, if any, and the
time, date and manner in which they were received.
2015 c20 s4
Application for a certificate
47.4(1) Where a tenant in a residential tenancy agreement is a
victim of domestic violence, the tenant or person on behalf of the
tenant and with the tenant’s consent may apply to the designated
authority, in the form and manner and including the information
required by the designated authority, for a certificate confirming
that one of the grounds to issue a certificate under subsection (2)
has been established.
(2) The designated authority may issue a certificate to a tenant for
the purposes of section 47.3 if
(a) the designated authority has received from the tenant
(i) a copy of an emergency protection order or Queen’s
Bench protection order granted under the Protection
Against Family Violence Act, a restraining order, a peace
bond or other court order that is in place to prevent a
person described in section 47.2(1) from contacting or
communicating with that tenant, or
(ii) a statement from a person described in subsection (4)
acting in his or her professional capacity indicating that
person’s opinion that the tenant has been the subject of
domestic violence,
and
(b) after having completed an assessment, the designated
authority is satisfied that there is a risk to the safety of the
tenant, the tenant’s dependent child or a protected adult who
lives with the tenant if the tenancy continues.
(3) The designated authority shall, within 7 days of receiving an
application under subsection (1), either issue a certificate under
subsection (2) or advise the tenant or the person who applied on
behalf of the tenant that the certificate will not be issued.
(4) The following persons may provide a statement in accordance
with subsection 2(a)(ii):
(a) a regulated member of the
(i) College of Physicians and Surgeons of Alberta,
(ii) College and Association of Registered Nurses of
Alberta,
(iii) Alberta College of Social Workers,
(iv) College of Alberta Psychologists, or
(v) College of Registered Psychiatric Nurses of Alberta;
(b) a police officer or a member of the Royal Canadian
Mounted Police;
(c) an individual employed
(i) by an agency or organization to assist individuals for
whom the agency or organization provides
accommodation in an emergency or transitional shelter
because of homelessness or abuse, or
(ii) to provide support initiatives for victims of crime
if that individual is authorized by his or her employer to
provide statements under this section;
(d) any other person or member of a class of persons prescribed
by the regulations.
(5) No action or proceeding may be brought against a person in
respect of a statement made under subsection (2)(a)(ii) if that
statement was made in good faith.
2015 c20 s4
Designated authority
47.5(1) The Minister may, in accordance with the regulations,
appoint a person to act as the designated authority under this Act.
(2) The designated authority may delegate to any person any
power, duty or function of the designated authority under this Part
except the power to delegate under this section.
(3) A delegation under subsection (2) must be in writing and may
contain any conditions or restrictions the designated authority
considers appropriate.
(4) The designated authority may, in accordance with the
regulations, make inquiries, collect information and take any other
action necessary to carry out the designated authority’s powers,
duties and functions under this Part.
(5) Subject to subsection (6), a decision by the designated
authority to issue or refuse to issue a certificate under section 47.4
is final and not subject to review or appeal.
(6) A tenant who is refused a certificate under section 47.4 may
reapply for a certificate if there is a change in circumstances.
2015 c20 s4
Designated authority not compellable
47.6 The designated authority and any person who provides a
statement in accordance with section 47.4(2)(a)(ii) cannot be
compelled in a court or other proceeding, including a proceeding
before the Residential Tenancy Dispute Resolution Service
established by regulations made under section 54.7, to
(a) give evidence about information obtained for the purpose of
this Part, or
(b) produce any document or thing obtained for the purpose of
this Part.
2015 c20 s4
Requirement for confidentiality
47.7 A landlord shall ensure that any information received under
this Part from or about a tenant who is a victim of domestic
violence is kept confidential unless the landlord is authorized by
the regulations to disclose that information.
2015 c20 s4
Part 5 - The Provincial Court
Jurisdiction
48(1) The Provincial Court has the jurisdiction to grant any
remedy or relief under this Act other than
(a) giving a judgment for debt or damages in excess of the
amount prescribed under the Provincial Court Act, or
(b) granting a remedy or relief required by this Act to be
granted in the Court of Queen’s Bench.
(2) Nothing in this Part prohibits a landlord or a tenant from
proceeding under this Act in the Court of Queen’s Bench.
Application of Provincial Court Act
49 The Provincial Court Act and the regulations made under that
Act, to the extent they are not changed by or provided for in this
Act or the regulations under this Act, apply to proceedings before
the Provincial Court and to appeals from decisions of the
Provincial Court.
Commencement of application
50(1) A person wishing to commence an application in the
Provincial Court shall file with a clerk of the Provincial Court
(a) a written notice identifying the residential premises in
respect of which the application is being commenced and
setting out the remedy being applied for, and
(b) an affidavit referred to in section 26(2) or 37(2), as the case
may be.
(2) No application may be accepted by a clerk for filing under
subsection (1) except in accordance with section 54.4.
2004 cR-17.1 s50;2005 c46 s2
Notice of application
51(1) On a notice and an affidavit being filed under section 50, a
clerk of the Provincial Court shall issue a notice of application
stating the time and place at which the application will be heard.
(2) A copy of the notice and the affidavit filed under section 50
must be attached to and form a part of the notice of application
issued by a clerk of the Provincial Court.
Hearing of application
52 On the notice of application issued under section 51 and the
documents attached to it being served on the other party to the
application, the Provincial Court shall hear the matter in
accordance with Part 3.
Appeal
53(1) A party to an order made by the Provincial Court may,
within 30 days after the order being entered under section 54 and
served, appeal the order to the Court of Queen’s Bench by way of
an application.
(2) The party commencing an appeal under this section shall file
with the Court of Queen’s Bench copies of
(a) all notices, documents and affidavits filed in the Provincial
Court in respect of the application made in the Provincial
Court, and
(b) the order being appealed.
(3) The application and copies of the notices, documents and
affidavits filed with the Court of Queen’s Bench under subsection
(2) must be served on the other parties to the action at least 3 days,
exclusive of holidays and Saturdays, before the day named in the
application for the hearing of the application.
(4) On hearing the matter, the Court of Queen’s Bench may make
any order it could have made had the application for the order
being appealed from been commenced in the Court of Queen’s
Bench instead of in the Provincial Court.
(5) The commencement of an appeal under this section does not
stay the order being appealed except as directed by the Court of
Queen’s Bench.
2004 cR-17.1 s53;2009 c53 s163
Enforcement of order
54(1) An order made by the Provincial Court may be entered in
the Court of Queen’s Bench and on being so entered it is
enforceable in the same manner as an order of the Court of Queen’s
Bench.
(2) An order made by the Provincial Court does not take effect
until it is entered under subsection (1) and served under section 57
or as directed by the Provincial Court on the other parties to the
application by the party entering the order.
Part 5.1 - Residential Tenancy Dispute
Resolution Service
Definitions
54.1 In this Part,
(a) “Dispute Resolution Service” means the Residential
Tenancy Dispute Resolution Service established by the
regulations;
(b) “regulations” means regulations made under section 54.7;
(c) “remedy” means any order, judgment, damages,
compensation or other relief provided for in this Act.
2005 c46 s3
Right to apply to Dispute Resolution Service
54.2(1) Where a landlord has a dispute with a tenant and has a
right to apply to a court under Part 3 or Part 4.1 for a remedy, the
landlord may apply to the Dispute Resolution Service instead of the
court for the remedy.
(2) Where a tenant has a dispute with a landlord and has a right to
apply to a court under Part 3 or to commence an action in a court
under Part 4 for a remedy, the tenant may apply to the Dispute
Resolution Service instead of the court for the remedy.
(3) No application may be made to the Dispute Resolution Service
if an application to a court has been filed with the clerk of that
court by either party to the dispute
(a) for the remedy sought under subsection (1) or (2), or
(b) for any other remedy that is available under Part 3 or 4 to
resolve a related dispute between the parties,
unless the application to the court is first withdrawn.
2005 c46 s3;2015 c20 s5
(NOTE: Section 6 of the Residential Tenancies (Safer Spaces for
Victims of Domestic Violence) Amendment Act, 2015 (SA 2015
c20) purports to change the reference to “Part 3 or 4” in
subsection (3)(b) to “Part 3, Part 4 or Part 4.1”. Because of a
defect in the amending formula, the change could not be made.)
Effect of application to Dispute Resolution Service
54.3(1) A landlord’s application to the Dispute Resolution Service
for a remedy binds the tenant in respect of whom the remedy is
sought to the choice of that forum.
(2) A tenant’s application to the Dispute Resolution Service for a
remedy binds the landlord in respect of whom the remedy is sought
to the choice of that forum.
(3) Where an application has been filed with the Dispute
Resolution Service by one party to a dispute, no application may be
made to a court by either party to the dispute
(a) for the remedy sought under section 54.2(1) or (2), or
(b) for any remedy that is available under Part 3 or 4 to resolve
a related dispute between the parties,
unless the application to the Dispute Resolution Service is first
withdrawn.
2005 c46 s3
(NOTE: Section 6 of the Residential Tenancies (Safer Spaces for
Victims of Domestic Violence) Amendment Act, 2015 (SA 2015
c20) purports to change the reference to “Part 3 or 4” in
subsection (3)(b) to “Part 3, Part 4 or Part 4.1”. Because of a
defect in the amending formula, the change could not be made.)
Review before filing with a court
54.4(1) Before any application to a court for a remedy to a dispute
under Part 3 or 4 may be filed by a clerk of a court, the clerk shall,
in accordance with the process set out in the regulations, determine
whether an application has been filed with the Dispute Resolution
Service
(a) for the remedy applied for in the application to the court, or
(b) for any other remedy that is available under Part 3 or 4 to
resolve a related dispute between the parties to the
application to the court.
(2) Where the process referred to in subsection (1) discloses that
an application, as described in subsection (1), has been filed with
the Dispute Resolution Service, the application to the court shall
not be filed except as provided in the regulations.
(3) Where, on the same day,
(a) a clerk of a court files an application made by one of the
parties to a dispute for a remedy under Part 3 or 4, and
(b) the Dispute Resolution Service files an application made by
the other party to the dispute for any other remedy that is
available under Part 3 or 4 to resolve a related dispute
between the parties,
the application filed with the clerk of the court shall be proceeded
with and the application to the Dispute Resolution Service shall be
discontinued.
2005 c46 s3
(NOTE: Section 6 of the Residential Tenancies (Safer Spaces for
Victims of Domestic Violence) Amendment Act, 2015 (SA 2015
c20) purports to change the reference to “Part 3 or 4” in
subsection (1) and subsection (3)(a) and (b) to “Part 3, Part 4 or
Part 4.1”. Because of a defect in the amending formula, the change
could not be made.)
Authority of Dispute Resolution Service
54.5 The Dispute Resolution Service has the authority to order
remedies in accordance with the regulations.
2005 c46 s3
Application, proceedings and decision to be in
accordance with regulations
54.6(1) An application to the Dispute Resolution Service must be
made in accordance with the regulations.
(2) The Dispute Resolution Service must conduct all proceedings
and decide all applications to it
(a) in accordance with and subject to any limitations and
restrictions set out in the regulations, and
(b) in accordance with the rules of practice and procedure and
the code of conduct established pursuant to the regulations.
(3) The Dispute Resolution Service must refer to a court an
application, dispute or issue that is, in accordance with the
regulations, required to be referred to a court.
(4) The Dispute Resolution Service may, in any of the
circumstances provided for in the regulations,
(a) refuse to accept an application to the Dispute Resolution
Service, and
(b) refer an application to the Dispute Resolution Service to a
court.
2005 c46 s3
Regulations
54.7 The Lieutenant Governor in Council may make regulations
respecting the establishment of an alternative dispute resolution
mechanism for the purpose of resolving disputes arising in respect
of matters under this Act, including, without limitation, regulations
(a) respecting the establishment of the Residential Tenancy
Dispute Resolution Service and the appointment of an
administrator, tenancy dispute officers and any other
employees required for the administration of the Dispute
Resolution Service;
(b) respecting the process to be followed by a clerk of a court
for the purposes of section 54.4;
(c) respecting applications to the Dispute Resolution Service,
including applications that include a claim for damages,
compensation or other relief that exceeds the amount
prescribed by regulations for the purposes of section 9.6(1)
of the Provincial Court Act;
(d) respecting the kinds of applications, disputes and issues that
are required to be referred to a court by the Dispute
Resolution Service;
(e) respecting the circumstances in which the Dispute
Resolution Service
(i) may refuse to accept an application to the Service, or
(ii) may refer to a court an application to the Service;
(f) respecting the proceedings before the Dispute Resolution
Service and the establishment of rules of practice and
procedure governing those proceedings;
(g) respecting the establishment of a code of conduct for
tenancy dispute officers;
(h) respecting the powers and duties of tenancy dispute officers;
(i) respecting the matters that tenancy dispute officers may or
must consider when dealing with a dispute;
(j) respecting the remedies that the Dispute Resolution Service
is authorized to order, including orders providing for costs;
(k) respecting limitations and restrictions on the Dispute
Resolution Service’s authority to order a remedy;
(l) respecting terms and conditions that may be included in an
order of the Dispute Resolution Service;
(m) respecting the effect of an order and how it may be
enforced, including regulations authorizing the order to be
filed in the Court of Queen’s Bench and, on filing, to be
enforced as an order of that court;
(n) respecting the appeal of an order to the Court of Queen’s
Bench on a question of law or jurisdiction;
(o) respecting the fees that may be charged by the Dispute
Resolution Service and providing for the waiver of any fee;
(p) respecting forms for the purposes of this Part and providing
for their use;
(q) respecting the service of notices, documents or orders;
(r) defining, for the purposes of this Part and the regulations
made under this Part, any word or phrase that is used in this
Part but is not defined;
(s) respecting any matter or thing that the Minister considers
necessary or appropriate to carry out the intent and purposes
of this Part.
2005 c46 s3
Application of this Part
54.8(1) This Part applies
(a) only in the geographic region of the Province, and
(b) only for the period of time
specified by an order of the Lieutenant Governor in Council.
(2) The Lieutenant Governor in Council may, by order,
(a) extend or shorten the period of time specified under
subsection (1)(b),
(b) suspend the operation of the Dispute Resolution Service,
and
(c) end a suspension referred to in clause (b).
(3) If the operation of the Dispute Resolution Service is suspended
by an order under subsection (2), the transitional rules necessary to
address incompleted hearings, pending applications and all related
matters must be set out in the order.
2005 c46 s3;2009 c53 s163
Part 6 - General
Appointment of Director
55 In accordance with the Public Service Act there may be
appointed a Director of Residential Tenancies and any other
officers and employees required for the administration of this Act.
Delegation
56 The Director may delegate any of the Director’s powers, duties
or functions under this Act and the regulations to any person and
may authorize that person to further delegate the power, duty or
function.
Service of notices, etc.
57(1) Subject to this section, a notice, order or document under
this Act must be served personally or by registered mail.
(2) For the purpose of service by registered mail,
(a) a tenant’s address is the address of the residential premises
rented by the tenant, and
(b) a landlord’s address is the address at which rent is payable
or the address in the notice of landlord served or posted
under section 18 or 47(2).
(3) If a landlord is unable to effect service on a tenant by reason of
the tenant’s absence from the premises or by reason of the tenant’s
evading service, service may be effected
(a) on any adult person who apparently resides with the tenant,
or
(b) by posting the notice, order or document in a conspicuous
place on some part of the premises.
(4) If a landlord is unable to effect service on a person referred to
in section 33 or 36 by reason of the person’s absence from the
premises or by reason of the person’s evading service, service may
be effected by posting the notice in a conspicuous place on some
part of the premises.
(5) If a landlord is unable to effect service on a tenant or a person
referred to in section 33 or 36 by any means referred to in
subsections (1) to (4) or if a tenant is unable to effect service on the
landlord personally or by registered mail, the landlord or tenant
may effect service of the notice, order or document by sending it by
electronic means that will result in a printed copy of the notice,
order or document being received by an electronic device that is
situated in the residential premises or at the landlord’s address, as
the case may be.
(6) This section does not apply to service governed by the rules or
practice of a court.
(7) If a landlord or tenant is a corporation, a notice, order or
document may be served in the manner permitted under section
308 of the Companies Act, section 347 of the Cooperatives Act
or section 256 of the Business Corporations Act, as the case may
be.
2004 cR-17.1 s57;2016 c18 s17
Satisfaction of service requirement
58(1) A requirement under this Act to give or serve a notice, order
or document to or on the landlord of residential premises is
satisfied if the notice, order or document is given to or served on
one person who falls within the definition of landlord of those
premises.
(2) A requirement under this Act to give or serve a notice, order or
document to or on the tenant of residential premises is satisfied if
the notice, order or document is given to or served on one adult
person who falls within the definition of tenant of those premises.
Landlord and Tenant Advisory Boards
59(1) A council may by bylaw establish a Landlord and Tenant
Advisory Board and provide for the remuneration of its members
and any other matters pertaining to its procedures or incidental to
the exercise of its functions.
(2) The functions of a Landlord and Tenant Advisory Board are as
follows:
(a) to advise landlords and tenants in tenancy matters;
(b) to receive complaints and seek to mediate disputes between
landlords and tenants;
(c) to disseminate 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 in
contravention of legislation governing tenancies.
Offences and penalties
60(1) A person who contravenes
(a) section 18, 19(6), 23, 24, 25, 31(13) or (14), 43, 44(1), (3),
(5) or (6), 45, 46(2) or (6), or 47.7 or this Act as described
in section 6(2), or
(b) a provision of the regulations referred to in section 69(1)(b)
or 70(1)(l),
is guilty of an offence and liable to a fine of not more than $5000.
(1.1) A landlord who fails to give the minimum required period of
notice under section 12 is guilty of an offence and liable to a fine of
not more than $10 000.
(2) Where a corporation is convicted of an offence, every officer,
director, employee or agent of the corporation who authorized the
commission of the offence or assented to it or acquiesced or
participated in it is also guilty of an offence and is liable to the
penalty provided for in subsection (1) or (1.1).
(3) A justice who convicts a landlord of contravening section 46(2)
or (6) may, on the application of a tenant who is entitled to all or
part of a security deposit, order the landlord to pay to the tenant the
whole or part of the security deposit together with interest
calculated under section 45.
(4) Where a landlord is convicted of contravening a provision
referred to in subsection (1) or (1.1) and the justice considers that
the landlord has wrongfully withheld prepaid rent paid by the
tenant, the justice may order the landlord to pay all or part of that
prepaid rent to the tenant.
(5) If an amount that is ordered to be paid under subsection (3) or
(4) is not paid within the time ordered by the justice, the tenant or
other person in whose favour the order was made may, by filing the
order, enter as a judgment in the Court of Queen’s Bench the
amount ordered to be paid, and that judgment is enforceable against
the landlord in the same manner as if it were a judgment rendered
against the landlord in the Court of Queen’s Bench in civil
proceedings.
2004 cR-17.1 s60;2007 c11 s1;2015 c20 s7
Limitation period
61 No proceedings may be instituted under section 60 more than
3 years after the time when the alleged offence occurred.
Authorized person
62 In sections 63 to 67, “authorized person” means a person to
whom the Director has, under section 56, delegated the Director’s
powers, duties or functions under those sections.
Identification
63 The Director or an authorized person who enters any place
under the authority of sections 64 to 67 must, on request,
(a) produce a document that identifies the person as the
Director or an authorized person, and
(b) explain the purpose for entering the place.
Inspection
64(1) The Director or an authorized person may enter the business
premises of a landlord at any reasonable time to conduct an
inspection to determine if there is compliance with this Act and the
regulations.
(2) If the Director or authorized person has reasonable grounds to
believe that
(a) books, records, documents or other things of a landlord are
located in another person’s business premises, and
(b) those books, records, documents or other things are relevant
to determine if there is compliance with this Act or the
regulations,
the Director or authorized person may enter those other business
premises at any reasonable time.
(3) The Director or authorized person may, in the course of an
inspection, request an employee or agent of the landlord at the
business premises referred to in subsection (1) or (2)
(a) to give written or oral replies to questions,
(b) to produce any books, records, documents or other things
and to provide copies of them, and
(c) to provide any other information
to determine if there is compliance with this Act and the
regulations.
(4) The Director or authorized person may in the course of an
inspection inspect, examine and make copies of or temporarily
remove books, records or documents or other things that are
relevant to determine if there is compliance with this Act and the
regulations.
(5) When the Director or authorized person removes any books,
records, documents or other things under subsection (4), the
Director or authorized person
(a) must give a receipt for them to the person from whom they
were taken,
(b) may make copies of, take photographs of or otherwise
record them, and
(c) must, within a reasonable time, return them to the person to
whom the receipt was given.
(6) A landlord and any employee or agent of the landlord must
co-operate with the Director or an authorized person acting under
the authority of this section.
Order compelling assistance in inspections
65(1) For the purpose of enabling the Director or an authorized
person to conduct an inspection to determine if there is compliance
with this Act and the regulations, the Director may apply to the
Court of Queen’s Bench for an order
(a) compelling a landlord or an employee or agent of a landlord
to allow the Director or an authorized person to enter the
business premises, private dwelling or other place occupied
or controlled by the landlord, employee or agent and
requiring the landlord, employee or agent to produce for
examination books, records, documents or other things
relevant to the inspection;
(b) authorizing the Director or authorized person to copy or
remove the books, records, documents or other things on
any terms that the Court considers appropriate;
(c) requiring a landlord or an employee or agent of a landlord to
co-operate with the inspection on any terms that the Court
considers appropriate.
(2) The Court of Queen’s Bench may grant an order under
subsection (1) if satisfied on evidence under oath by the Director
that there are reasonable grounds to believe that
(a) the inspection is reasonable,
(b) the landlord, agent or employee of the landlord has not co-
operated or likely will not co-operate with the inspection,
and
(c) the order is appropriate in the circumstances.
(3) An application under this section may be made ex parte if the
Court of Queen’s Bench considers it proper to do so.
Investigation
66(1) The Director or an authorized person who has reasonable
grounds to believe that a person has committed an offence under
this Act or the regulations may, after explaining to the person or to
the person’s agent that the Director or authorized person wishes to
enter the person’s business premises for the purposes of carrying
out an investigation, request permission to enter the business
premises.
(2) If a person permits the Director or authorized person to enter
business premises for the purposes of an investigation, the Director
or authorized person may, with the permission of the person,
inspect, examine and make copies of or temporarily remove books,
records, documents or other things that are relevant to determine if
an offence has been committed under this Act or the regulations.
(3) When the Director or authorized person removes any books,
records, documents or other things under subsection (2), the
Director or authorized person
(a) must give a receipt for them to the person from whom they
were taken,
(b) may make copies of, take photographs of or otherwise
record them,
(c) must, within a reasonable time, return anything that has
been copied to the person to whom the receipt was given,
and
(d) must return everything else that was removed to the person
to whom the receipt was given within a reasonable time
after the investigation and any prosecution resulting from
the investigation are concluded.
Order compelling assistance in investigations
67(1) For the purpose of determining if an offence has been
committed under this Act or the regulations, the Director may
apply to the Court of Queen’s Bench for an order
(a) compelling a person to allow the Director or an authorized
person to enter the person’s business premises, private
dwelling or other place occupied or controlled by the person
and requiring the person to produce for examination the
person’s books, records, documents or other things relevant
to the investigation;
(b) authorizing the Director or an authorized person to copy or
remove the books, records, documents or other things on
any terms that the Court considers appropriate;
(c) requiring a person to co-operate with the investigation on
any terms that the Court considers appropriate.
(2) The Court of Queen’s Bench may grant an order under
subsection (1) if satisfied on evidence under oath by the Director
that there are reasonable grounds to believe that
(a) an offence under this Act or the regulations has been
committed, and
(b) the order is appropriate in the circumstances.
(3) An application under this section may be made ex parte if the
Court of Queen’s Bench considers it proper to do so.
Lieutenant Governor in Council regulations
68 The Lieutenant Governor in Council may make regulations
(a) governing the practice and procedures in matters before the
Provincial Court under this Act;
(b) respecting the rate of interest under section 45(1);
(c) prescribing that any class of residential premises is exempt
from the operation of all or any of the provisions of this Act
or the regulations;
(d) defining, for the purposes of this Act and the regulations,
any term that is used in this Act but is not defined;
(e) setting out the grounds on which the Banff Housing
Corporation may refuse to give its consent to the assignment
or sublease of a residential tenancy agreement described in
section 22(3);
(f) respecting statements confirming domestic violence under
section 47.4(2)(a)(ii), including any requirements
concerning their form and content;
(g) prescribing persons who can make statements confirming
domestic violence under section 47.4(4)(d);
(h) respecting the appointment of the designated authority under
section 47.5(1);
(i) respecting the powers, duties and functions of the
designated authority appointed under section 47.5(1);
(j) prescribing circumstances under section 47.7 in which a
landlord may disclose information about a tenant.
2004 cR-17.1 s68;2015 c20 s8
Subsidized public housing regulations
69(1) The Lieutenant Governor in Council may make regulations
(a) respecting rent, security deposits and the termination of
tenancies for subsidized public housing;
(b) prescribing, with respect to any provision of the regulations
under clause (a), that contravention of the provision
constitutes an offence.
(2) The regulations made under subsection (1) may have the effect
of modifying or making inapplicable Parts 1 to 4 of this Act with
respect to subsidized public housing.
Ministerial regulations
70(1) The Minister may make regulations
(a) establishing forms that may be used by landlords and
tenants for leases, inspection reports, notices of default and
other documents under this Act;
(a.1) prescribing the maximum period of time after a default
within which a landlord may serve a tenant with a notice of
default and the minimum period of notice that must be
provided in the notice of default within which the tenant
must vacate the residential premises;
(b) prescribing the reasons for which a landlord may terminate a
periodic tenancy under Part 1;
(c) prescribing the minimum amount of time between increases
in rent for periodic tenancies and for fixed term tenancies;
(c.1) modifying any period of notice required by section 7, 8, 9,
11, 12 or 14;
(d) prescribing or providing for the manner of determining
periods of notice for the purposes of section 11(b);
(e) prescribing the statements to be contained in inspection
reports and governing the signing of inspection reports for
the purposes of section 19;
(f) prescribing an amount for the purposes of section 31(2) and
(3);
(g) prescribing a period for the purposes of section 31(4);
(h) respecting the means of establishing the liabilities of a
tenant for the purposes of section 31(9);
(i) respecting trust accounts for security deposits;
(i.1) establishing the form of certificate for the purposes of
section 47.3(2)(b);
(j) respecting the circumstances under which landlords may
charge a fee or penalty for late payments of rent by tenants,
and prescribing the maximum amounts of such fees or
penalties or the manner in which they are calculated;
(k) repealed 2005 c46 s4;
(l) prescribing, with respect to any provision of the regulations
under this section, that contravention of the provision
constitutes an offence;
(m) providing with respect to any provision of this Act, other
than a provision referred to in section 60(1)(a) or (1.1), that
its contravention constitutes an offence and prescribing
penalties in respect of those offences;
(n) respecting any other matter considered necessary to carry
out the intent of this Act.
(2) A regulation made under this section may be made effective
with reference to a date before it is made.
(3) Notwithstanding section 3(5) of the Regulations Act, a person
is deemed to have notice of a regulation made under this section
when the regulation is filed with the registrar under the Regulations
Act.
2004 cR-17.1 s70;2005 c46 s4;2007 c11 s1;2011 c14 s25;
2015 c20 s9
Application to Court of Queen’s Bench
71 An application made under this Act to the Court of Queen’s
Bench must be made in accordance with the Alberta Rules of
Court.
2004 cR-17.1 s71;2009 c53 s163
Part 7 - Transitional Provisions, Repeal and Coming into Force
Transitional
72(1) Except to the extent that this Act provides otherwise, this
Act applies to tenancies under residential tenancy agreements made
before, on or after the coming into force of this Act.
(2) Nothing in this Act affects any notice given or proceeding
commenced under the predecessor of this Act before the coming
into force of this Act.
Repeal
73 The Residential Tenancies Act, RSA 2000 cR-17, is repealed.
Repeal
74 Section 11(a) is repealed on a date to be fixed by
Proclamation.
Coming into force
75 This Act comes into force on November 1, 2004.