by Charmaine Coutinho
As a volunteer lawyer with Calgary Legal Guidance, I advise clients who would otherwise be unable to access legal services to empower them to take the next steps in their legal matters independently. I frequently advise on landlord and tenant disputes.
This article only discusses leases covered by Alberta’s Residential Tenancies Act (RTA). This excludes tenants sharing living space with a landlord and a few other scenarios. I aim to help our community become more familiar with a few RTA topics, at a time when both landlords and tenants are under stress and looking for ways to improve their circumstances.
Security Deposit, Damage Deposit, Key Deposit, Pet Deposit
Under the RTA, they’re all the same: any amount payable by the tenant to the landlord, returnable if some specified circumstance occurs (end of tenancy, etc.) is called a “security deposit.” The RTA limits the amount of all the deposits together to one month’s rent. A landlord is not permitted to ask for more if the rent increases.
There is no exception for pet deposits. However, a landlord is permitted to ask for a non-refundable pet fee in addition to the rent, monthly or upon signing.
A landlord is permitted to retain the security deposit only if there are valid move-in and -out inspection reports and damage to the unit, or there is money owing.
To keep any portion of the security deposit, the landlord must give the tenant a statement detailing the specific costs to be reimbursed. Any deposit amount not covered by this statement must be returned within ten days of the end of the tenancy. If the statement includes any estimates (ex: cleaning or repairs), the landlord must send the tenant a final statement and return any unused funds within 30 days of the end of the tenancy.
The tenant can apply to the Residential Tenancy Dispute Resolution Service (RTDRS) to contest the landlord retaining a deposit. Conversely, a landlord can sue the tenant if the deposit is insufficient to cover the landlord’s costs or missing rent. Neither the RTDRS nor the civil courts have automatic enforcement mechanisms though, so collection may be difficult.
Repairs
There is little a tenant can do to force a landlord to repair a rental unit.
A tenant can pay for repairs, then ask the RTDRS for a rent abatement, but cannot withhold rent to incentivize a landlord to make repairs.
If the damage to the rental unit is endangering a tenant’s health, the tenant can call Alberta Public Health (APH). Alberta has Minimum Housing and Health Standards regarding critical amenities like clean air and water, plumbing and sewage disposal, overcrowding, access to the unit, electricity, and heating. If a tenant contacts APH and APH finds evidence that the minimum standards are not being met, APH can mandate repairs.
However, a tenant should prepare for all eventualities: APH may do nothing, may force a landlord to make repairs, or may even condemn a rental space requiring that the tenant move out immediately. In the current market, housing is scarce and may be difficult to acquire quickly. If a tenant is not prepared for all possibilities from an APH investigation, it may be better to rethink contacting APH.
A landlord is not permitted to evict a tenant just for contacting APH. However, there is no ban on eviction for other reasons after a tenant has called public health authorities.
Thanks for spending a few minutes of your time with me. If you have a friend renting, be a good neighbour and share your new knowledge with them!
