by Charmaine Coutinho, Volunteer Lawyer
This article will only discuss leases covered by Alberta’s Residential Tenancies Act (RTA), and only when the rental unit is a condo unit. I will highlight some of the differences between the RTA and the Condominium Property Act that may surprise both landlords and tenants.
Renting a Condominium Unit
Though rental of a whole condo unit is generally covered by the Residential Tenancies Act (RTA), the Condominium Property Act trumps the RTA in some circumstances. Importantly, condo bylaws take precedence over the terms of a lease, so a tenant in a condo unit should always ask for the condo bylaws. If, for example, you sign a lease for a condo unit that permits pets, but the condo bylaws permit only dogs under 20lbs, you may be evicted by the condo board for keeping a cat or a large dog in your unit. This scenario also demonstrates that a condo board has authority to sanction and/or evict a tenant even when a landlord may not. Even if a landlord is prohibited from taking action under the RTA (for example, from evicting a non-harmful, rent-paying tenant in the midst of a fixed-term lease), the condo board may have authority to do so under condo legislation or the condo bylaws.
If a tenant breaches the bylaws or damages common property, the condo board is entitled to sanction or evict the tenant without the landlord’s (the condo unit owner) consent. If the condo board evicts a tenant, the tenancy terminates on the last day of the month immediately following the month during which the notice was delivered. So, for example, regardless of whether the condo board issues an eviction notice on August 1 or August 25, the tenancy will terminate on September 31. This notice period is much shorter than needed from a landlord for a periodic tenancy and even trumps a fixed term lease.
The condo board also has the authority to require a tenant to redirect their rent payment to the condo board. In these circumstances, condo legislation deems the rent to have been paid to the landlord such that the tenant is not considered in breach of their obligations under the lease.
The condo board can also require an owner to pay a deposit for renting out the unit. All deposits requested by the landlord are aggregated and considered a ‘security deposit’ under the RTA, and a security deposit cannot exceed the amount of the first month’s rent. Any deposit requested by the condo board is payable by the landlord; if a landlord asks the tenant for this amount, it too is lumped in with any other deposit and considered a component of the ‘security deposit’. Regardless of any requirement by the condo board on the owner, the security deposit payable by a tenant cannot exceed the amount of the first month’s rent.
I hope that this brief helps community members to understand their rights and obligations in the context of a condo lease covered by the Residential Tenancies Act. I wish my neighbours amicable tenancies and peaceful enjoyment of their rental premises!
