Landlord Tenant Rights Presented by the Edmonton Community

Landlord. Tenant Rights Presented by the Edmonton Community Legal Centre Updated January 2014 1

2 Disclaimer The information presented during this session may have limited application to your particular situation. The lawyer or law student that are here this evening CAN provide legal information that may give you a greater understanding of how the law might apply to your own situation. The presenter here this evening CANNOT provide you with individual legal advice.

3 Residential Tenancies Act (RTA) The RTA sets “minimum standards of conduct for both landlords and tenants” For more details about the RTA and the content in this presentation, you can access the Act and related regulations at: http: //www. servicealberta. gov. ab. ca/624. cfm Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

4 Residential Tenancies Act (RTA) The RTA governs most residential tenancies, but not: A mobile home site: Mobile Home Sites Tenancies Act Business with living quarters rented under a single lease Rooms in a landlord’s house Hotels, motels, resorts, cabins, trailer parks if you live there for less than 6 months: Innkeepers’ Act Nursing homes: Nursing Homes Act Lodges: Alberta Housing Act Jails Social care facilities: Social Care Facilities Licensing Act An approved hospital: Hospitals Act; Cancer Programs Act Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

5 Not Under the RTA? If the Residential Tenancies Act does not apply, a tenant does not have the protections granted by that legislation Other legislation may grant some rights If there is an oral or written contract, the terms of the contract govern If there is no contract, the “common law” applies and may grant some rights Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

6 The Lease May be written or verbal Cannot contract out of the protections of the RTA If there is an executed lease, landlord must serve a copy on the tenant within 21 days or the tenant can withhold rent Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

7 Types of Tenancies Fixed Term Tenancy: begins and ends on specific dates agreed beforehand Periodic Tenancy: has a start date, and then continues (on a weekly, monthly, or yearly basis) until it is ended in accordance with the RTA Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

8 Landlord’s Obligations Make the property available to the tenant on move-in date Not disturb tenant’s “peaceful enjoyment” of the property Ensure that the property meets at least minimum health standards (Public Health Act and regulations) If a written lease has been signed, give the tenant a copy Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

9 Landlord’s Obligations Give the tenant a written Notice of Landlord: a notice saying who is the landlord and how the landlord can be contacted Within one week before or after a tenant moves in or out: Inspect the premises with the tenant; Complete an inspection report; AND Give a copy of the inspection report to the tenant Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

10 Tenant’s Obligations Pay the rent on time Not endanger the landlord or other tenants or interfere with their rights Not permit significant damage to the property Not perform illegal acts or do illegal business on the property Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

11 Tenant’s Obligations Keep the property reasonably clean Leave the property at the end of the tenancy Within one week before or after moving in and out, inspect the property with the landlord and complete an inspection report Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

12 Inspection Reports Within one week before or after both move- in and move-out, the landlord and the tenant must complete an inspection report The landlord has to provide a copy to the tenant Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

13 Inspection Reports A landlord can do an inspection without the tenant if the landlord gave the tenant two different possible times (during the day, not on holidays, on different days) but the tenant did not attend If both inspection reports are not done, the landlord cannot deduct money from a security deposit for damages Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

14 Security Deposits Cannot be more than one month’s rent Cannot be increased during a tenancy Landlords cannot charge extra for children or pets Landlords must deposit security deposits in an interest-bearing trust account Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

15 Security Deposits Security deposits collect interest, which is to be paid: Annually to the tenant; UNLESS They agree it is to be compounded annually instead and paid out on termination of the tenancy Security deposits and/or statement of account must be provided to tenants no more than 10 days after move-out Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

16 Statements of Account Landlords can deduct money from a security deposit for: Damages caused by the tenant or people on the property with the tenant’s permission Money owing for rent In accordance with the lease Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

17 Statements of Account Landlords cannot deduct from a security deposit: Costs for upgrading the property Costs for fixing damage which constitutes “normal wear and tear” Cost of changing locks at the end of a tenancy Charges for carpet cleaning at the end of the tenancy, unless the carpet is unusually dirty No deductions can legally be made from a security deposit unless in- and out-inspections were completed Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

18 Rent Increases Rent cannot be increased during a fixed term tenancy In a monthly periodic tenancy, rent can be increased on a minimum of 3 months’ notice Rent can be increased by any amount if proper notice is given Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

19 Rent Increases Notices of increase must be: Dated; Signed by the landlord; AND Say when the new rent takes effect If above three not done, notice is of no effect and can be ignored A rent increase cannot take effect until: 365 days have passed from the start of the tenancy; OR 365 days have passed from the date of the last rental increase Rent collected because of an improper increase is recoverable by the tenant Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

20 Subletting A tenant cannot sublet without the landlord’s written permission A landlord cannot refuse to permit a sublet unless he has reasonable grounds to refuse If landlord does refuse, he must give written reasons for the refusal A landlord cannot charge a fee to give permission for a sublet If a landlord does not respond to a request for a sublet within 14 days of service, consent is deemed Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

21 Entry of Premises Landlords can enter premises if: Tenant has been given a proper 24 -hour notice; AND Landlord is entering to: Inspect the state of premises; Make repairs; Show the premises to buyers/tenants; OR Control pests A tenant does not have to be home for a landlord to enter after proper notice Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

22 Entry of Premises Proper notice must: Be in writing; Be signed; State the reason for entry; Name a day and reasonable time period within which the landlord will come (cannot be for a holiday or day of religious worship); AND Be served at least 24 hours in advance Landlord cannot enter rented premises without consent, unless: Reasonable grounds to believe there is an emergency requiring entry Tenant has abandoned the property Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

23 Changing Locks A tenant cannot change the locks to the property without the consent of the landlord A tenant can install a lock that only locks the door when someone is inside A landlord can only change the locks if he gives the tenant a key to the new lock right away Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

24 Ending a Fixed Term Tenancy A fixed term tenancy ends on the date specified in the contract, unless: The parties indicate (expressly or impliedly) that they intend that the tenancy be renewed or continued It is continued as a periodic tenancy If not renewed, no notice required by either the landlord or tenant to end the tenancy Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

25 Tenant Ending a Periodic Tenancy Can be ended by a tenant with notice The notice must: Be in writing; Be signed by the person giving the notice or the person’s agent; State the address of the premises; State the date on which the tenancy is to terminate: Generally on or before the first day of a tenancy period to be effective the last day 60 days if yearly period tenancy Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

26 Landlord Ending a Periodic Tenancy A landlord can end periodic tenancy ONLY: On agreement; Procedurally correct eviction for substantial breach (not complying with tenant’s obligations on slide 7); OR With notice for one of the reasons set out in the next slides Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

27 14 -Day Eviction Notices Landlord can give a tenant a 14 -day eviction notice for substantial breach Eviction notices must: Be in writing; Be signed by the landlord; Say how much rent is due; Say why the eviction is happening; AND Say when the eviction notice is for Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

28 14 -Day Eviction Notices If the substantial breach is non-payment of rent, and the tenant pays the rent within the 14 days, the eviction notice is of no force or effect If the substantial breach is anything else, the eviction notice is of no force if the tenant gives the landlord a notice in writing objecting to the eviction and that says why the tenant objects Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

29 24 -Hour Eviction Notices A landlord can issue a 24 -hour eviction notice if a tenant has: Done or permitted significant damage to the property; OR Physically assaulted or threatened the landlord or another tenant If the tenant does not move out, landlord can bring a court application to confirm the eviction If the landlord does not bring a court action within 10 days and the tenant has not moved out, the eviction notice is of no further force or effect Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

30 Landlord Ending a Periodic Tenancy A landlord can also end a periodic tenancy on proper notice if: The tenancy was entered into because of the tenant’s employment by the landlord and that employment is terminated; The landlord is an educational institution and the tenant is a student, but will no longer be a student when the notice period has passed The property is being converted into a condominium and premises must be vacant; The landlord intends to use or rent the premises for a non‑residential purpose; Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

31 Landlord Ending a Periodic Tenancy A landlord can also end a periodic tenancy on proper notice if (continued): The landlord or a relative of the landlord intends to occupy the premises; The landlord is selling the premises, all conditions of the sales agreement have been satisfied or waived, and the purchaser (or a relative) intends to occupy the premises; The landlord intends to demolish the building; OR The landlord intends to make major renovations Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

32 Proper Notice for Landlord to Terminate A landlord’s notice to end a periodic tenancy must be for a proper reason It must also be: In writing; Signed by the person giving the notice or the person’s agent; State why the tenancy is being terminated; State the address of the premises; AND State the date on which the tenancy is to terminate For most of the reasons, different legislated notice periods apply It is an offence for a landlord to terminate a tenancy but not use the premises for the stated reason Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

33 Human Rights, Citizenship and Multiculturalism Act Section 5: No person shall (a) deny to any person or class of persons the right to occupy as a tenant any commercial unit or self‑contained dwelling unit that is advertised or otherwise in any way represented as being available for occupancy by a tenant, or (b) discriminate against any person or class of persons with respect to any term or condition of the tenancy of any commercial unit or self‑contained dwelling unit, because of the race, religious beliefs, colour, gender, physical disability, mental disability, ancestry, place of origin, marital status, source of income or family status of that person or class of persons or of any other person or class of persons. Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

34 Human Rights – Accommodation Discrimination in the provision of accommodation customarily available to the public is prohibited by section 4 of Alberta’s Human Rights, Citizenship and Multiculturalism Act This includes all temporary accommodation such as hotels, motels, inns and campgrounds Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

35 Human Rights – Accommodation and Tenancies The Act prohibits discrimination in both accommodation and tenancies on the following grounds: Residential Tenancies Act Race Colour Ancestry Place of origin Religious belief Gender (including pregnancy and sexual harassment) Physical disability Mental disability Marital status Family status Source of income Sexual orientation Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

36 Human Rights – Accommodation and Tenancies Note that age is NOT a prohibited ground of discrimination in either area Service providers and landlords have a duty to accommodate up to the point of undue hardship Service users and tenants have a duty to let service providers/landlords know they require accommodation Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

37 Human Rights – Accommodation and Tenancies Some examples of prohibited discrimination in the area of accommodation include: Refusing to let a room to a person on social assistance Refusing to let a room to a family with many children (unless there is a law regarding space requirements that prohibits renting a room of a certain size to a family of a certain size) Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

38 Human Rights – Accommodation and Tenancies Examples of illegal discrimination in the area of tenancies could include: Asking the source of a prospective income (as opposed to asking the amount, which is lawful) Refusing to rent to tenants on the basis that they have no rental history (this could be discrimination on the basis of place of origin, if new to Canada, or marital or family status, if new to renting) Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

39 Human Rights – Accommodation and Tenancies Examples of illegal discrimination in the area of tenancies could include (continued): Applying a rent to income ratio requirement to prospective tenants (this could be discrimination on the basis of source of income, marital status, etc. ) Only asking particular groups of people for credit history, references, or co-signors Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

40 Landlord Does Not Repair/Maintain Landlords must maintain appliances they provide The remedy for non-repair or nonmaintenance is usually rent abatement Tenants can call Alberta Health Services if their property is unsafe, unsanitary, or in serious disrepair It is a separate wrong for a landlord to retaliate against a tenant for making such a complaint Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

41 Bedbugs Landlords must ensure that premises are free of insect and rodent infestation Extermination requires a tenant to follow stringent rules including washing all clothes in hot water Tenants are responsible if they bring the bugs (including through used mattresses) Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

42 Bedbugs Photos of the bugs and the bites make excellent evidence – especially if they are in focus Alberta Health Services inspection reports are extremely useful Where landlords are aware of a bedbug infestation and do nothing, damages are recoverable Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

43 Alberta Health Services Inspections To get Alberta Health Services to send an inspector, call 780 -735 -1800 Tenants can obtain copies of any reports or orders made by Alberta Health Services for use in court Make a request under the Freedom of Information and Protection of Privacy Act Go to http: //www. servicealberta. ca/foip/making-afoip-request. cfm Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

44 Cannot Get Property Back If a tenant is evicted, RTDRS orders routinely specify the property left behind after eviction will be dealt with according to section 31 of the RTA (the “abandoned goods” section) If a tenant abandons personal property, the landlord does not have to keep it if (nonexhaustive list): Property is worth less than $2000 (used value) Property is dangerous or storing it would be unsanitary Cost of removing, storing and selling property would exceed the sale proceeds Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

45 Cannot Get Property Back If a tenant’s property is worth more than $2000 (used value), the landlord must store it for 30 days, and then can sell it If a tenant claims the property within those 30 days, the landlord must return it, but can ask for the costs of removing and storing the property first Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

46 Cannot Get Property Back If a tenant does not claim the property, and the landlord sells it, the landlord can use the money from the sale for debts owed to the landlord and must give any money left over to the Minister If a landlord wrongfully converts a tenant’s property to his own use, the property (or damages in lieu) is recoverable Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

47 Landlord’s Remedies Recovery of arrears of rent Recovery of possession of the property from an over-holding tenant Recovery of extra rent money from an overholding tenant Termination of the tenancy Damages resulting from the breach Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

48 Tenants’ Remedies Recovery of all or a portion of the damage deposit Termination of tenancy due to substantial breach Recovery of damages for the cost of a tenant performing landlord’s obligations Recovery of damages resulting from a landlord’s substantial breach Rent abatement Human Rights complaint – many remedies, mostly financial, including damages for pain and suffering Any other remedy authorized by law Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

49 Tenants’ Remedies – Public Health If a landlord commits a substantial breach of the Residential Tenancies Act and there is a Public Health Act Order in effect, a tenant can terminate the tenancy by serving a termination notice The notice must be: In writing; Signed by the tenant; State the reasons for the termination of the tenancy; AND Set out the termination date Landlord can object to the termination notice within 7 days if he has complied with the terms of the Public Health Order Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

50 Options for Resolution Informal resolution – client-led or agency-led Alberta Human Rights Commission Residential Tenancy Dispute Resolution Service (RTDRS) A Tribunal, less formal than a court process, and the decision is a binding order http: //www. servicealberta. gov. ab. ca/landlord-tenant-disputes. cfm Provincial Court of Queen’s Bench Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

51 Who Can Help? Tenants can represent themselves at any hearing Tenants can have an “agent” (non-lawyer) represent them at many hearings, but not at the Court of Queen’s Bench Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

52 Where To Get Legal Help Edmonton Community Legal Centre (ECLC) Offers free legal advice to low-income individuals and families on matters such as: Landlord-tenant disputes Small claims Immigration law (including issues related to temporary foreign workers) Human rights concerns Employment law Debt law Income support appeals Call (780) 702 -1725 or visit www. eclc. ca Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

53 Where To Get Legal Help Student Legal Services of Edmonton (SLS) Income-based service Can take on civil cases and offer representation Can also help with: landlord/tenant matters contracts WCB/AISH/CPP/EI hearings uncontested divorces and child support cases relatively minor criminal and quasi-criminal offences Call (780) 492 -2226 or visit www. slsedmonton. com Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

54 Where To Get Legal Help Legal Aid Alberta Income-based service Can provide information, advice, and representation on matters related to: Civil law Serious criminal charges Charges laid under the Youth Criminal Justice Act Family law Child welfare Immigration Call (780) 427 -7575 or visit www. legalaid. ab. ca Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

55 Where To Get Legal Help Civil Claims Duty Counsel Not income-based Can provide: summary legal advice procedural information help with trials, motions and other appearances help completing forms Tuesday 10 am – 2 pm Wednesday 12 pm – 4 pm Thursday 9 am – 4 pm 2 nd Floor, Provincial Court, Courtroom #262 Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

56 Where To Get Legal Help Edmonton Resolution Support Centre (A combination of LIn. C (Law Information Centre and other courthouse services) Not income-based Can provide: Legal information on civil and criminal matters Information on court procedures and applications Located on 8 th floor, John E. Brownlee Building, 0365 - 97 Street, across the street from the courthouse Can also get information over the phone Call 780 -415 -0404 Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

57 Where To Get Legal Help Lawyer Referral Service Given the names and telephone numbers of up to 3 lawyers practicing in the area of law that best suit your needs Make appointments to talk to them Must mention you got their contact information from Lawyer Referral First Half Hour is free to discuss your legal situation and explore your options Not free legal services, just information and preliminary advise 1 -800 -661 -1095 Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

58 Where To Get Legal Help Dial-A-Law Provides general information on a wide variety of legal issues in the Province of Alberta 1 -800 -332 -1091 Residential Tenancies Act Rules and Obligations Ending the Tenancy Human Rights Common Issues Remedies Available Getting Legal Help

59 Questions?