What to Know About Your Rights As a Landlord
In Alberta, the Residential Tenancy Act sets out the respective rights and responsibilities of landlords and tenants. As a landlord, having an understanding of your rights and how to enforce them when necessary is the key to making a profit from your rental property.
Our Edmonton real estate lawyers can provide you with any additional information that you need to know about your rights as a landlord.
Increasing the rent
In Alberta, the landlord can only increase the rent for an existing tenant in accordance with the limits set out in the Act. Rent can only be increased a maximum of once per year and the required notice must be provided to the tenant. In Alberta, there are no limits on the amount by which the rent is increased.
A landlord can require a tenant to provide a security deposit of a maximum of one month's rent. The security deposit cannot be increased at any point during the tenancy, even if the rent is increased at some point. Additional refundable fees are not permitted, but the landlord and tenant may agree to the payment of additional non-refundable fees. For example, some landlords will charge a one-time, non-refundable fee for tenants who choose to keep a pet on the rental premises. This fee can be used to cover additional cleaning requirements that may be attributed to tenants with pets. A non-refundable fee is not subject to the security deposit restrictions.
Accessing the rental premises
The landlord has the right to enter the rental premises in particular circumstances, including:
- - any time, with the consent of the tenant
- - with 24 hours' notice to the tenant in order to inspect the premises or effect repairs, carry out pest control, or show the rental premises to prospective buyers or tenants
- - without notice in the case of emergency or if the landlord believes the tenant has abandoned the premises.
Evicting a tenant
A landlord has the right to evict a tenant on at least 24 hours' notice in situations where the tenant has assaulted a landlord or another tenant, threatened to do so, or has done significant damage to the rental premises.
In other circumstances of substantial breach of the tenancy agreement, for example, the non-payment of rent, the eviction of a tenant requires 14 days' notice or an application to the Residential Tenancy Dispute Resolution Services.
When a tenant chooses to leave
When a tenant ends the residential tenancy, the landlord has a right to a certain amount of notice from the tenant, which notice depends on the type of tenancy agreement. For a weekly periodic tenancy, the tenant must provide notice of 1 full tenancy week. For a monthly periodic tenancy, the tenant must provide notice of 1 full tenancy month. For a yearly lease, the tenant must provide notice at least 60 days before the end of the tenancy year.
Disputes between landlords and tenants
The Residential Tenancy Dispute Resolution Services resolves disputes between landlords and tenants outside of the court system. Landlords and tenants can file applications online. Common applications by landlords involve disputes involving unpaid rent and applications to end a tenancy or to obtain possession of the premises from a tenant who refuses to leave.
Contact our Edmonton Real Estate Lawyers Today For a Consultation
Knowing your rights is important. We can answer any questions you have about your rights as a landlord. Book a consultation today to discuss a dispute in Alberta.
*The information in this article is intended as a general overview on the subject of real estate law and does not constitute legal advice. If you are in need of legal advice, please speak with a lawyer.