Pro Bono Law Alberta Landlord & Tenant Cheat Sheets

Transcription

1 Pro Bono Law Alberta Landlord & Tenant Cheat Sheets Topic 1. Potentially Relevant Legislation 2. Residential Tenancies Act 3. Condominiums 4. Mobile Homes 5. Can Not Contract Out of Residential Tenancies Act 4 6. Tenancy Agreement 7. When a Tenant Moves In 8. Habitable Premises 9. Inspection Reports Normal Wear and Tear 10. Security Deposits 11. Landlord Obligations 12. Tenant Obligations 13. Subletting 14. Termination of Tenancy Notice Periods 15. Abandoned Goods 16. Repudiation of the Tenancy Agreement 17. Remedies 18. Court Actions Taken by Tenants 19. Court Actions Taken by Landlords 20. Unpaid Rent 21. Rent Increase 22. Proper Notice to Terminate Tenancy Agreement 23. Substantial Breach 24. Frustration of Tenancy Agreement 25. RTA Offenses 26. Dealing with Disputes 27. Residential Tenancy Dispute Resolution Service (RTDRS) 28. Landlord Right of Entry Last Updated 10/9/2013 Page 10 of 32 PBLA Landlord Tenant Manual

2 Pro Bono Law Alberta Landlord & Tenant Cheat Sheets Potentially Relevant Legislation Legislation: The following statutes may be significant because they may apply instead of the Residential Tenancies Act (RTA), or in addition to the RTA. In most cases the Residential Tenancies Act (RTA) will be applicable; however, the following legislation may be relevant in certain cases. Condominium Property Act Mobile Homes Sites Tenancies Act Innkeepers Act Co-operatives Associations Act Public Health Act (defines habitable premises) Alberta Housing Act (social housing units) Human Rights Act Municipal Government Act Safety Codes Act (provincial Building Code) Civil Enforcement Act Statute of Frauds Renting 101: A Guide to Renting in Alberta pg 4-6 Laws for Landlords in Alberta pg 1 Last Updated 10/9/2013 Page 11 of 32 PBLA Landlord Tenant Manual

3 The Residential Tenancies Act (RTA) Is the client a tenant? If so, the RTA applies. Legislation: s. 2 RTA RTA applies to people who rent: A house/duplex/apartment A hotel or motel if rented for more than 6 months RTA does not apply where: Renting only a room in a house Mobile homes/trailer park Home supplied by an employer Hotel or motel if rented for less than 6 months Dorms/residences at school Nursing homes etc LL/T Reference Forms pg 1 Information for LLs & Tenants pg 1-2 Renting 101: A Guide to Renting in Alberta pg 4-6 Laws for Landlords in Alberta pg 1 Condominiums If the issue involves a condominium then the Condominium Property Act (CPA) applies in addition to the RTA If there is a conflict between the CPA and the RTA, the CPA applies. Legislation: Condominium Property Act (CPA) A Guide to the Law in Alberta Regarding Landlord & Tenant pg 5 A Guide to the Law in Alberta Regarding Landlord & Tenant pg 39 Information for Landlords & Tenants. pg Last Updated 10/9/2013 Page 12 of 32 PBLA Landlord Tenant Manual

4 Mobile Homes The Mobile Home Sites Tenancies Act (MHSTA( applies to people who own a mobile home and rent the mobile home site from a landlord. Legislation: The Mobile Home Sites Tenancies Act (MHSTA) Mobile Home Sites Tenancies Ministerial Regulation Renting a Mobile Home Site pg 1-12 Can Not Contract Out of the RTA Some terms are implied into the tenancy agreement even if they are not specifically agreed upon. Implied terms include all the rights, benefits, and protections provided to a tenant by the RTA. It is not possible to contract out of the RTA. If a contract contains a provision which contradicts the RTA, the RTA will prevail. Legislation: S. 3 RTA A Guide to the Law in Alberta Regarding Landlord & Tenant pg 8-9 Landlord Tenant Reference Forms pg 1 Last Updated 10/9/2013 Page 13 of 32 PBLA Landlord Tenant Manual

5 Tenancy Agreement Agreement maybe written, oral or implied. 2 types of Tenancy Agreements: Periodic Tenancy Fixed Term Tenancy Periodic Tenancy: the tenancy continues until either the landlord or tenant gives proper notice to end it. Fixed Term Tenancy: at the end of an agreed length of time, the tenancy ends. Legislation: s. 1(1) e, s. 1(1)i RTA A Guide to the Law in Alberta Regarding Landlord & Tenant pg 9 Landlord Tenant Reference Forms pg 1 Voluntary Code of Practice pg When a Tenant Moves In 1. Premises must be available 2. Premises must be habitable (Minimum Housing and Health Standards) 3. If there is a written agreement, the T must receive a copy of it 4. Any promises should be put in Writing If the premises are not available for the tenant to move in on the agreed date then the tenant has the right to sue the landlord for any reasonable losses that the tenant suffered because he could not move in on time. If the premises are not habitable when the tenancy is to begin, and the tenant has found alternative accommodation, the tenant can apply to terminate the tenancy by reason of breach. The court must find that the breach is of such significance that the tenancy must be terminated. Legislation: s. 16 RTA Housing Regulation Alberta Public Health Act Minimum Housing and Health Standards A Guide to the Law in Alberta Regarding Landlord & Tenant pg Last Updated 10/9/2013 Page 14 of 32 PBLA Landlord Tenant Manual

6 Habitable Premises The premises must meet the minimum standards for rental housing as set out in the Housing Regulation and Minimum Housing and Health Standards under Alberta s Public Health Act. roofs, walls and windows must be waterproof, wind proof and weather proof; both outdoor and indoor stairways, porches and landings must be safely built; walls should be clean with no major cracks or damage; walls and ceilings should be painted every five years or when the Capital Health Authority thinks it is necessary; floors should not have splinters, major cracks or depressions, and should be easy to keep clean; there should be a sink and toilet available for residents to use; if the house is hooked up to public waterworks, there should be hot and cold water available; the plumbing should have no leaks or defects; there should be proper ventilation in the bathroom; the heating should be sufficient to allow all rooms to be at a minimum of 22 C; gas stoves must not be in a room which is used for sleeping and the gas system must not be leaking; every room, except the bathroom, must have a window and the ceiling must be at least 7 feet or 2.3 metres high, over at least half the room. If the premises are not habitable when the tenancy is to begin, and the tenant has found alternative accommodation, the tenant can apply to terminate the tenancy by reason of breach. The court must find that the breach is of such significance that the tenancy must be terminated. Legislation: s. 16 RTA Housing Regulation Alberta Public Health Act Minimum Housing and Health Standards A Guide to the Law in Alberta Regarding Landlord & Tenant pg Last Updated 10/9/2013 Page 15 of 32 PBLA Landlord Tenant Manual

7 Inspection Reports / Normal Wear and Tear In-Inspection Report = a written description of the condition of the premises at the time that they were rented. LL and T must do an inspection of the premises and complete an inspection report within one week of the T moving in. Out-inspection report of the state of the premises within one week of moving out. T may be responsible for any damages that did not appear on the in-inspection and are beyond normal wear and tear. Legislation: s. 19 RTA Inspection Report A Guide to the Law in Alberta Regarding Landlord & Tenant pg Information for LLs and Ts pg 4. Voluntary Code of Practice pg. 24, 29-33, Security Deposits LL cannot ask a T to pay more than one month s rent as a security deposit. The LL can keep some or all of the security deposit money if the T does damage to the premises beyond normal wear and tear. Normal wear and tear is defined in the RTA as the deterioration that occurs over time with the use of the premises even though the premises receive reasonable care and maintenance. Typically if there is no damage, no rent owing, the premises are left reasonably clean, and all of the keys are returned, then the LL must return the full security deposit within 10 days from the day the T moves out of the premises. Legislation: s RTA Security Deposits A Guide to the Law in Alberta Regarding Landlord & Tenant pg Landlord Tenant Reference Forms pg 3 Information for LLs and Ts pg 3 Voluntary Code of Practice pg Last Updated 10/9/2013 Page 16 of 32 PBLA Landlord Tenant Manual

8 Landlord Obligations Legislation: s , RTA 1. Peaceful Enjoyment a. The LL will not interfere with the T s ability to physically live in and use the premises. Sometimes renovations, repairs, uninhabitable premises, or other factors that affect the T s ability to use his or her premises may mean that the T s peaceful enjoyment is affected. The interference must be significant for the T s rights to be affected; 2. Entry of Premises a. The LL must given written notice to the T at least 24 hrs before the time of entry. 3. Changing the Locks a. The LL should have the T s consent to change or add the locks and provide a key to the T as soon as the change is made. 4. Duty to Repair a. The LL is responsible for major repairs such as structural repairs, plumbing, heating, and so on. 5. Common Areas a. The LL should keep common areas of the building reasonably clean and in reasonable repair. The LL must ensure that the common areas of the building comply with minimum health standards. 6. Increasing the Rent a. Fixed term - rent cannot be increased until the lease expires. Periodic term - rent cannot be increased more than once a year. 7. Landlord s Address a. Notice to tenant 8. New Landlords a. A new LL who buys property already rented to a tenant has all the rights and obligations of the old LL. The new LL must accept the original tenancy agreements and can only change the tenancy agreements when the original agreements expire or by agreement with the tenants. A Guide to the Law in Alberta Regarding Landlord & Tenant pg Landlord Tenant Reference Forms pg 7 Information for LLs & Ts pg 3-6 Safety & Security for Landlords pg 1 Voluntary Code of Practice pg 14 and pgs Renting 101: A Guide to Renting in Alberta pg 12 Last Updated 10/9/2013 Page 17 of 32 PBLA Landlord Tenant Manual

9 Tenant Obligations 1. Abiding by the Agreement 2. Changing the Locks a. T must have consent of LL to change locks, and if the T has consent he is also required to leave a key with the LL as soon as any locks are changed. 3. Paying the Rent on Time a. The only time that a T can legally live in a place without paying rent to the LL is if he or she has not received a copy of the lease within the time required. In any other situation, if a T fails to pay rent on time, the LL can give notice to end the tenancy. However, this notice must state that if the rent due is paid by the termination date specified the tenancy will not be terminated. 4. Penalties for Late Payments a. Many tenancy agreements include a Penalty Clause for late payment. These penalties are not covered in the RTA, but are found at common law. 5. Damage to the Premises a. T must not damage the premises Legislation: s RTA A Guide to the Law in Alberta Regarding Landlord & Tenant pg Landlord Tenant Reference Forms pg 7 Voluntary Code of Practice pg. 14 and pg Renting 101: A Guide to Renting in Alberta pg 11 Last Updated 10/9/2013 Page 18 of 32 PBLA Landlord Tenant Manual

10 Subletting Subletting occurs when the first T rents out the place to a second T who takes the first T s place. The second tenant is called a sub-tenant. The first T remains liable to the landlord under the original tenancy agreement. 1. LL s consent is required before the T can sublease the premises. a. Written permission is required b. Note: the LL cannot refuse permission unless he has reasonable grounds (LL must provide written reasons for the refusal). 2. Time limit for LL s consent a. LL has 14 days to answer the T s request for permission to sublet. If the LL does not answer the request w/in 14 days, the T can sublet without the written consent of the LL. The first T is responsible for making sure that rent is paid to the LL. Legislation: s. 22 RTA A Guide to the Law in Alberta Regarding Landlord & Tenant pg Information for LLs and Ts pg 6 Last Updated 10/9/2013 Page 19 of 32 PBLA Landlord Tenant Manual

11 Termination of Tenancies Fixed Term Tenancies LL must allow the T to remain in the premises for the period set out in the tenancy agreement, or seek a remedy through the Court or the RTDRS. Normally the tenancy ends at the end of the term. However, the LL may terminate a tenancy on shorter notice for a substantial breach, assault or threats of assault. A T cannot terminate a fixed term tenancy before the end date unless the LL has not fulfilled the requirements set out in the RTA. Substantial Breach LL may end tenancy with 14 days written notice if there has been a substantial breach of the tenancy agreement. If the T: o repeatedly fails to pay the rent on time; o interferes with LL s rights or rights of other Ts in a significant manner. o does something illegal on the premises; o endangers persons or property; o significantly damages the premises or the common areas; o fails to keep the premises reasonably clean; o fails to vacate premises at the end of the tenancy; o breaches tenancy agreement more than once and the effect of the those breaches is substantial. Notice of Objection The T can object to the LL s notice of termination the T s written objection to the LL s termination of tenancy is called a notice of objection. If a LL receives a notice of objection and still wants to evict the T, then the LL must go to court or the RTDRS to end the tenancy. Rent Owing If the T pays all of the rent owing before the 14 days of the termination notice are over, the LL will not be able to end the tenancy. (Unless there has been continual nonpayment). Assault, Threats of Assault, or Damage In this situation the LL may give the T 24 hrs notice to move out if the T has been given a 24 hrs notice and does not leave after 24 hours, then the LL can apply to Court or the RTDRS to have the T removed. Other Reasons Permitting the LL to End the Tenancy If the T has not substantially breached the tenancy agreement then the LL must give the T appropriate notice as per the RTA, outlining the reasons for terminating the tenancy in writing. (Not applicable to fixed period tenancies). The LL must give one of the following reasons: o LL or a relative of the LL wants to live in the premises; o LL has decided to sell the premises & the buyer wants to live in the premises; o the building is a condominium/house/duplex and the LL has decided to sell it and the buyer wants the premises to be vacant when the buyer takes possession; o LL wants to tear down the building or to do major renovations. o LL intends to use or rent to someone who is going to use it as something other than a residence; Last Updated 10/9/2013 Page 20 of 32 PBLA Landlord Tenant Manual

12 o The premises are subsidized public housing and the T's income levels have become too high, or the public funding has been cancelled, or the T has not reported income and is therefore not eligible for the subsidy program. Time Limits / Proper Notice Ts may apply to the Court or RTDRS for immediate termination of a periodic tenancy if there has been a substantial breach by the LL. If the T has not substantially breached the agreement the LL must give appropriate notice as per the RTA. To end a periodic tenancy the T must give the LL a signed notice in writing. Employees Notice period must be 1) the notice required under any law relating to termination of employees, 2) the period required for a standard LL/T termination, or 3) a week, whichever is longest. Other Requirements Notice to terminate the tenancy must be given to the T in writing, be signed by the LL, and provide reasons. A LL Cannot End a Tenancy for the Following Reasons The T has made an application or filed a Statement of Claim under the RTA, made a complaint, or assisted in an investigation under the Public Health Act. Overholding Tenant The LL can let the over-holding T keep living on the premises and then apply to the court for damages. Or the LL may apply to RTDRS, Provincial Court or the Court of Queen s Bench for an order of possession. Legislation: S. 5 13, 15 and s , 33, 36, 38 RTA A Guide to the Law in Alberta Regarding Landlord & Tenant pg Landlord Tenant Reference Forms pg 3-5 Information for LLs and Ts pg 7-9 Voluntary Code of Practice pgs Last Updated 10/9/2013 Page 21 of 32 PBLA Landlord Tenant Manual

13 Abandoned Goods Abandoned goods - property left behind by the T after he/she moves out of the premises. If the LL reasonably believes that the T s abandoned goods have a total value of : Less than $2000, then the LL may dispose of the T s goods. $2000 or more then the LL may dispose of the goods if the LL reasonably believes: o T s goods are unsafe, unsanitary, or the cost of removing or storing the T s goods would be greater than the value of the T s goods. o If the T does not reasonably believe the above then the LL must either store or arrange to have the T s things stored for 30 days. Legislation: s. 31 RTA Abandoned Goods A Guide to the Law in Alberta Regarding Landlord & Tenant pg Information for LLs and Ts- pg 10 Repudiation of the Tenancy Agreement Repudiation of the tenancy agreement occurs when the T has abandoned the premises, or when the T does something to show he/she no longer wants to be bound by the terms of the tenancy agreement. (E.g. T fails to give proper notice before moving out). When a T repudiates the tenancy, the LL has a duty to mitigate the losses. The LL is entitled to the rent that is owed for the remainder of the tenancy agreed to in the residential tenancy agreement, if the T abandons the residential premises before the end of the tenancy, the T does not give the proper notice to end a periodic tenancy, the T moves out before the end of the fixed term tenancy. Legislation: s. 27 RTA Repudiation of Tenancy Voluntary Code of Practice pg 60 Last Updated 10/9/2013 Page 22 of 32 PBLA Landlord Tenant Manual

14 Remedies LL Remedies under the RTA include recovery of: Arrears of rent Possession of premises from an overholding T Compensation for use & occupation of premises by the overholding T Damages resulting from a substantial breach (and termination of tenancy if a substantial breach by the T occurs) T Remedies under the RTA include recovery of: Damages resulting from LL s substantial breach or contravention of the RTA (and termination of tenancy if a substantial breach by the LL occurs) Abatement of rent if the T has been deprived of benefits under the RTA Compensation for the cost of performing the LL s obligations Legislation: s RTA A Guide to the Law in Alberta Regarding Landlord & Tenant pg Landlord s Remedies/ Tenant s Remedies pg 1 Court Actions Taken by Tenants A tenant can receive the following remedies from either Queen s Bench or Provincial Court: 1. Recovery of damages resulting from a breach or contravention of the tenancy agreement by the LL 2. Abatement of rent where a breach by the LL deprives a T of the benefit of the tenancy agreement. 3. Compensation for the cost of performing the LL s obligations 4. Termination of the tenancy by reason of a substantial breach If, at the beginning of a tenancy, the premises are not available for occupation or do not meet the Minimum Housing and Health Standards, the T can apply to the Court of Queen s Bench for an order of specific performance compelling the landlord to make the property available and/or habitable. Legislation: S RTA A Guide to the Law in Alberta Regarding Landlord & Tenant pg RTA Flow Chart (describes the steps in court process) How do I Start My Application? Application in Provincial Court of Alberta under the RTA & MHSTA Last Updated 10/09/2013 Page 23 of 32 PBLA Landlord Tenant Manual

15 Court Actions Taken by Landlords A LL can receive the following remedies from either Queen s Bench or Provincial Court: 1. Recovery of arrears of rent; 2. Recovery of damages resulting from a breach of the tenancy agreement by the T; 3. Recovery of compensation for the use and occupation of the premises by an overholding T; 4. Recovery of possession of the premises from an overholding tenant; 5. Termination of the tenancy by reason of a substantial breach; 6. Confirming the termination of a tenancy where the LL has given notice of termination and the T has not vacated the premises by the time and date of termination as set out in the notice; 7. Terminating the tenancy of a T who abandoned the premises and for recovery of possession, where a person (other than the T) served with a notice to vacated has not compiled with the notice; or 8. Directing a person who is not a T of the premises to vacated the premises, if the person has not complied with a notice to vacate. If premises are occupied by a deceased tenant s surviving spouse or Adult Interdependent Partner, the LL must apply to Queen s Bench for any remedy. Legislation: s RTA A Guide to the Law in Alberta Regarding Landlord & Tenant pg RTA Flow Chart (describes the steps in court process) How do I Start My Application Application in Provincial Court of Alberta under the RTA & MHSTA Last Updated 10/09/2013 Page 24 of 32 PBLA Landlord Tenant Manual

16 Unpaid Rent The LL is entitled to receive the full amount of rent on time. If the T fails to pay rent the Court may grant an order for: exclusive possession requiring the T to leave judgment against the T for the outstanding rent costs against the T If rent is not paid, the LL has the right to terminate the tenancy, or in the alternative, the LL may choose to distrain for the arrears of rent owed. LL s right to distraint for recovery of rent arrears is a common law right that is covered in the Civil Enforcement Act. Distress is a remedy that a LL can use to recover unpaid rent without having to go to court. The right to use distress arises as soon as rent is late but the process must be carried out in accordance with the law. The Civil Enforcement Act and Regulations outline the process that must be followed. Legislation: S. 26 RTA Civil Enforcement Act & Regulations Safety & Security for Landlords. Voluntary Code of Practice pg Rent Increase Rent can not be increased until a minimum of 1 year has passed since the last rent increase or since the start of the tenancy, whichever is later. (No rent increases are permitted if the T has been served with a notice to terminate because the premises are being converted to condominiums). Legislation: S. 14 RTA Required notice periods for rent increases: weekly tenancy (written notice must be given at least the day before the rent increase is due to take effect 12 weeks later). Monthly tenancy (written notice must be given at least the day before the rent increase is due to take effect 3 months later) For any other period of tenancy (written notice must be given at least the day before the rent increase is due to take effect 90 days later). Information for LLs and Ts pg 4 Renting 101: A Guide to Renting in Alberta pg 13 Last Updated 10/09/2013 Page 24 of 32 PBLA Landlord Tenant Manual

17 Proper Notice to Terminate Tenancy The T may terminate a periodic tenancy at any time so long as the required notice is given. As previously discussed, the T may also terminate the tenancy if the LL has substantially breached the agreement. Notice Periods to End a Periodic Tenancy: Week to Week Tenancy o T must provide notice of 1 week. o Notice must be given on or before the first day of the tenancy week to be effective on the last day of the tenancy week. Month to Month Tenancy: o T must provide notice of 1 tenancy month. o Notice must be given on or before the first day of the one month notice period. Legislation: Part 1: Periodic Tenancies (Notice to Terminate) s RTA) S. 5 Notice of Termination of Periodic Tenancy S. 6 RTA Termination of Periodic Tenancy by LL for Prescribed Reasons S. 7 RTA Termination of Weekly Periodic Tenancy S. 8 RTA Termination of Monthly Periodic Tenancy S. 9 RTA Termination of Yearly Periodic Tenancy S. 11 RTA Termination of employee tenants S. 12 RTA Termination for condominium conversation S. 15 RTA Termination of Fixed Term Tenancies S. 28 RTA Termination of Tenancy for Substantial Breach by LL S. 29 RTA Termination of Tenancy for Substantial Breach by Tenant S. 30 RTA Termination of Tenancy for Damage or Assault (24 hr notice) S. 33 RTA Notice to Vacate to Non-Tenant (48 hour notice) S. 36 RTA Notice to Vacate to Non-Tenant (14 day notice) S. 38 Possession Unobtainable Information for LLs and Ts pg 8-9 Renting 101: A Guide to Renting in Alberta pg 14 Last Updated 10/09/2013 Page 24 of 32 PBLA Landlord Tenant Manual

18 Substantial Breach Substantial Breach by T occurs: When a T does not carry out of their obligations under the RTA or when a T commits a series of breaches of the RTA and the cumulative effect is damaging. A LL may end a tenancy with 14 days' notice if there has been a "substantial breach" of the tenancy agreement. Legislation: S. 28, s. 29 RTA Substantial Breach by the T occurs if: T repeatedly fails to pay the rent on time; T interferes with the LL s rights or the rights of other Ts in a significant manner; does something illegal on the premises; endangers persons or property; significantly damages the premises; fails to keep the premises reasonably clean; fails to vacate the premises at the end of the tenancy; breaches the tenancy agreement more than once and the effect of the those breaches is substantial. If the LL wishes to end the tenancy because the tenant has committed a substantial breach, he or she must give the T written notice. Substantial Breach by LL: Whether the tenancy agreement is fixed term or periodic, the LL commits a substantial breach when the LL: fails to fulfill the LL obligations under s. 16 RTA fails to keep the premises in the condition that at least meets the minimum standards under the Public Health Act and regulations fails to comply with an order under s. 62 if the Public Health Act A T may apply to the Court or the RTDRS to terminate a periodic tenancy if there has been a substantial breach by the LL. T must apply within 14 days. T must provide notice in writing, signed, and outlining the date and reason for termination. (Note: if LL later follows the Public Health order or makes a written objection to the T s application the termination is void). Information for LLs and Ts pg 7-8 Voluntary Code of Practice pg Last Updated 10/09/2013 Page 24 of 32 PBLA Landlord Tenant Manual

19 Legislation: S. 40 RTA Frustration of Tenancy Agreement A residential tenancy agreement may be frustrated if the premises are destroyed, damaged severely, uninhabitable, or in a condition which contravenes health and safety regulations for housing accommodations. RTA Offenses Residential Tenancies Act: Termination of Tenancy Failing to use premises for reasons set out in notice to terminate s. 6(2). Failing to provide 365 day notice for condo conversion (s.12(2)(b) Failing to provide a notice of LL (s. 18). Failing to keep inspection records for at least 3 yrs after termination of the tenancy (s. 19(6) Terminating a tenancy because the T makes a complaint under the RTA or the Public Health Act or taking retaliatory action against a T (s. 25) Notice of Entry Failing to give proper notice of entry (s. 23) Locks Failing to provide a T or LL with a key when locks have been changed (s. 24) Abandoned Goods Failing to keep records of the disposition of abandoned goods for at least 3 years (s. 31 (13)(14) Security Deposits Taking more than one month s rent as a security deposit (s. 43) Failing to deposit into a trust account within 2 banking days (s. 44(1) or putting money that is not a security deposit into the trust account (s. 44(3) Failing to keep records of security deposits for at least 3 yrs after termination of a tenancy (s. 44(5)(6) Failing to pay interest on a security deposit. (s. 45) Failing to return a security deposit or provide a statement of account within 10 days; or, failing to provide an estimated statement of account and any refund within 10 days (s. 46(2). Continued Failing to provide the T with the balance of the security deposit, if any, and Last Updated 10/09/2013 Page 24 of 32 PBLA Landlord Tenant Manual

20 a final statement of account for the estimated deductions within 30 days after the tenant gave up possession of the premises (if the LL is entitled to make a deduction) (s. 46(2). Deducting money from the security deposit or damages if proper inspections were not carried out (s. 46(6). Chargeable Offenses Under the Residential Tenancies Ministerial Regulation Terminating Tenancy / Major Renovations Terminating a periodic tenancy for any reason other than those set out in the regulation (s. 2) Failing to provide 365 day notice to a periodic T for major renovations requiring vacant occupancy (s. 2.1(1) Increasing Rent Increasing rent for a periodic T unless at least 365 days have passed since the last rent increase or since the start of the periodic tenancy (s. 3(1) Serving a rental increase notice after providing notice to terminate the tenancy for condominium conversion or major renovations (s. 3(2) Increasing rent or recovering additional rent during a fixed term tenancy of one year or more (s. 3(3) Increasing rent or recovering additional rent when the same tenant has multiple fixed term tenancies of less than one year, unless 365 days have passed since the tenant first occupied the premises, or since the last rent increase, whichever is later (s. 3(4) Increasing rent before the end of a fixed term tenancy when the tenancy exceeds 365 days (s. 3(5) Inspection Report Failing to include in an inspection report, all the required statements as set out in the regulation (s. 4) Abandoned Goods Failing to keep abandoned goods valued at $2000 or more for 30 days (s. 5) Affidavit Failing to provide the T with an affidavit setting out the amount owing for rent, damages, or repairs to establish the tenant s liabilities (s. 6) Continued Security Deposits Non-owner LL who is sole trustee of security deposit money failing to deposit, hold and administer the security deposit money as required in the regulation (s. 7). Failing to invest money in prescribed investment vehicles (s. 8) Failing to retain the money in a trust account until the end of the tenancy (s. 9) Subsidized Public Housing Regulation Last Updated 10/09/2013 Page 24 of 32 PBLA Landlord Tenant Manual

21 Taking a security deposit greater than what the T would be required to pay for the first month s rent under the RTA (s. 4(1). Legislation: S. 60 RTA A person who contravenes: s. 18, 19(6), 23, 24, 25, 31(13) or (14), 43, 44(1)(3)(5) or (6), 45 or 46(2) or (6)or this Act as described in s. 6(2) or a provision of the regulations referred to in s. 69(1)(b) or 70(1)(1) is guilty of an offense. RTA Offenses Last Updated 10/09/2013 Page 24 of 32 PBLA Landlord Tenant Manual

22 Dealing with Disputes If the LL and T can not resolve a dispute they should call the LL and T Advisory Board for help. If the parties are still unable to settle the dispute there are 4 options for dispute resolution: 1. Residential Tenancy Dispute Resolution Service (RTDRS) 2. Mediation 3. Provincial Court (Limitation Period 2 years) 4. Court of Queen s Bench (Limitation Period 2 years) Legislation: Part 5 RTA: The Provincial Court (S ) Part 5.1 RTA: Residential Tenancy Dispute Resolution Service (S ) Residential Tenancies Process pg. 1 RTA Flow Chart (describes the steps in court process) How do I Start My Application Application in Provincial Court of Alberta under the RTA and MHSTA- Instructions for LLs and Ts. Procedure Chart: Residential Tenancy Dispute Resolution Services (RTDRS) If You Have a Problem While Renting Residential Tenancy Dispute Resolution Service Residential Tenancy Dispute Resolution Service (RTDRS) The Residential Tenancy Dispute Resolution Service (RTDRS) offers LLs and Ts a way to resolve disputes outside of court. A LL or T with concerns related to an eviction, unpaid rent/utilities, security deposit, damages, repairs or other common disagreements may submit a completed application form. RTDRS will file the application and set a date and time for the hearing to take place. The hearing takes place before a tenancy dispute officer who is authorized to make binding decisions on claims up to $25,000. The decision is binding on all parties. Legislation: Part 5.1 RTA: Residential Tenancy Dispute Resolution Service (S ) Procedure Chart: Residential Tenancy Dispute Resolution Services (RTDRS) If You Have a Problem While Renting Residential Tenancy Dispute Resolution Service Last Updated 10/09/2013 Page 24 of 32 PBLA Landlord Tenant Manual

23 Landlord s Right of Entry A LL has the right to enter the premises so long as : The T consents to the LL s entry; or, The LL provides the T with 24 hour notice prior to entering the premises Entry with Consent If the LL obtains consent (verbal or written) from the T, then the 24 hour notice period is not required Entry with Notice The LL may entry without consent, but only after providing the T with 24 hours notice The LL may enter without consent for the following reasons: o Inspect the state of repair o Make repairs o Control pests o Show premises to prospective purchasers or mortagees o Show the premises to prospective Ts after the LL or T has given notice to end a period tenancy (or in the final month of a fixed term tenancy) Form of Notice Must Be: In writing, signed by LL, state reason for entry, state date and time of entry, and must be served on the T 24 hours before the time of entry. Time of Entry Must be between 8am 8pm; can not be on a Sunday or a holiday Entry without Notice The LL can enter without notice or consent in 2 situations: o If LL believes there is an emergency; o If T has abandoned premises. Legislation: s. 23 RTA Entry of Premises Voluntary Code of Practice Last Updated 10/09/2013 Page 24 of 32 PBLA Landlord Tenant Manual