This is what to do if your landlord sucks in Alberta
Anybody who’s rented has either dealt with or knows someone who has dealt with a problematic landlord in their life.
If you’re one of those unlucky Albertans dealing with a landlord who gives them a hard time, know that help is out there.
We spoke with Sarah Eadie, a staff lawyer at the Edmonton Community Legal Centre (ECLC), to discuss common issues tenants face with landlords in Alberta and what steps tenants can take to address them.
Who’s responsible for repairs and maintenance?
Eadie explained that if your landlord is giving you a bit of a runaround when it comes to repairs, the first step is to check your lease to understand your responsibilities.
“Generally, a landlord is responsible for maintaining appliances provided as part of the lease agreement, such as a stove, dishwasher, or fridge.”
She added that beyond the lease agreement, landlords must ensure the property meets the Minimum Housing and Health Standards set out by Alberta Health.
However, while landlords are responsible for maintaining the unit, tenants also have obligations.
“A tenant has a responsibility not to damage anything beyond reasonable wear and tear,” she said. “While a landlord has an obligation to ensure there’s a working fridge, if the tenant took a sledgehammer to it, the landlord might have to replace it, but the tenant may have to pay for it.”
Addressing unresolved repairs
If the landlord isn’t keeping the place in habitable condition, Eadie said tenants should call Environmental Public Health for an inspection. Alberta Health Services can order the landlord to make repairs if the unit doesn’t meet Minimum Housing and Health Standards.
For issues such as a broken dishwasher, she recommends putting the problem in writing and explaining to the landlord what needs to be fixed. Tenants should always make sure to pay rent, even if repairs aren’t being made, as withholding rent can lead to eviction for non-payment.
“If they won’t take steps to fix it, the tenant could potentially bring a rent abatement application, so a claim asking for a portion of the rent back because they’re not getting all the benefits of their tenancy.”
She warned that withholding rent can backfire on tenants.
“I can see the temptation because it could get a landlord to react, but I often see that ending badly for tenants.”
They won’t give me my deposit back
Eadie explained that in this scenario, tenants should start by sending a demand letter to the landlord confirming the move-out date and the security deposit amount and stating that the property was left in reasonably clean condition. The letter should also contain a warning of legal action if the deposit isn’t returned by a specific date.
If the landlord still won’t return the deposit, tenants can apply to the Residential Tenancy Dispute Resolution Service (RTDRS). The application fee is $75 unless they qualify for a fee waiver as a low-income applicant. There’s no waiting period before applying, but tenants need to file within two years.
They’re trying to increase my rent
Although Alberta doesn’t have rent control, there are still guidelines for when a landlord can raise rent. Eadie explained that rent can’t be increased during a lease with a fixed start and end date. For month-to-month rentals, rent can only be increased once a year, with at least three full months’ written notice from the landlord.
What to know about eviction
Landlords can serve an eviction notice, but tenants are not legally required to move out unless ordered by a court.
“One thing that’s really important for tenants to understand is that landlords often serve an eviction notice, and a tenant can choose to comply and move out, like if they didn’t pay rent. But they don’t have to move out unless there’s a court order,” Eadie explained.
Landlords also cannot change locks without a court order, which involves going through the legal process for eviction, which you can defend yourself.
However, if a tenant stays and loses the dispute, they may be required to pay rent for the extra time they stayed, along with other costs, such as the RTDRS filing fee of $225.
You can find more information about landlord and tenant rights and responsibilities on the Alberta Government website.