Living under a lease means both landlords and tenants have rights and responsibilities. Disputes are common, but knowing Alberta’s rules—and how to resolve disagreements—can save time, money, and stress.
Alberta’s Landlord-Tenant Law
The Residential Tenancies Act (RTA) and, in some cases, the Mobile Home Sites Tenancies Act (MHSTA) govern landlord-tenant relationships. These laws set out:
- Tenant duties – pay rent on time, keep the unit clean, avoid damage.
- Landlord duties – provide a habitable property, give notice before entry, and maintain the unit.
- Rules on deposits, rent increases, and notice – which apply regardless of lease wording.
Common Causes of Disputes
- Repairs & Maintenance – landlords must address serious issues like heat, water, or safety hazards.
- Security Deposits – disputes over deductions, move-in/out inspections, or late returns.
- Termination & Eviction – disagreements about proper notice or early termination.
- Rent Issues – improper rent increases, unpaid rent, or utilities.
- Privacy – unlawful landlord entry without 24 hours’ notice.
- Human Rights – discrimination or refusal to accommodate disabilities.
When a Tenant Stops Paying Rent
Unpaid rent is one of the most frequent disputes in Alberta. The RTA provides a structured remedy:
Step 1: Confirm Non-Payment
Rent is due on the agreed date. If unpaid, the tenant is in substantial breach. Keep records of payments or arrears.
Step 2: Serve a 14-Day Notice
- Landlords may serve a 14-day notice of termination for non-payment.
- The notice must state the amount owed and the date the tenancy ends.
- If arrears are paid before a claim is filed with RTDRS or court, the tenancy continues.
Step 3: Apply for Enforcement
If the tenant does not vacate:
- RTDRS – landlords can seek an Order of Possession and rent arrears. RTDRS is faster and less costly.
- Court – landlords may apply to the Alberta Court of Justice for eviction and arrears.
- Enforcement is carried out through a Civil Enforcement Agency.
Step 4: Use of Security Deposit
A deposit may cover unpaid rent, but landlords must provide a proper statement of account.
Key Point: Self-help evictions are illegal. Landlords cannot change locks or shut off utilities without a legal order.
Resolving Disputes
Before filing claims, both sides should:
- Talk directly – respectful communication often prevents escalation.
- Put it in writing – letters or emails referencing the RTA create a clear record.
- Gather evidence – leases, receipts, photos, and correspondence strengthen claims.
If informal steps fail, Alberta offers two main resolution paths:
Residential Tenancy Dispute Resolution Service (RTDRS)
A less formal, faster option than court, RTDRS can hear claims up to $100,000. Orders are binding and enforceable.
Courts
Complex or higher-value claims may go to the Alberta Court of Justice or the Court of King’s Bench.
Preventing Disputes
For landlords:
- Use clear, written leases.
- Document property condition at move-in/out.
- Handle repair requests promptly.
For tenants:
- Pay rent on time.
- Report problems in writing.
- Respect the property.
For both:
- Keep communications civil and documented.
- Learn your rights under Alberta law.
When to Seek Legal Advice
Consider professional help when:
- Facing eviction without proper notice.
- Deposits are wrongfully withheld.
- Major repairs affecting safety are ignored.
- Discrimination or human rights issues arise.
- The dispute is complex or high-value.
Conclusion
Landlord-tenant disputes in Alberta are common but manageable. With good communication, documentation, and knowledge of the RTA, many issues can be avoided or resolved. When necessary, RTDRS and Alberta courts provide legal remedies for both landlords and tenants.
About Song Law Office
At Song Law Office, we assist landlords and tenants across Alberta with tenancy disputes—from negotiation to hearings—helping clients resolve conflicts efficiently while protecting their rights.
Disclaimer
This blog is provided by Song Law Office for general informational purposes only and does not constitute legal advice. Reading this article does not create a lawyer-client relationship. For advice about your specific situation, please consult a qualified lawyer.