by Charmaine Coutinho
This article will focus only on leases covered by Alberta’s Residential Tenancies Act (RTA). This excludes tenants sharing living space with a landlord, supported living accommodations, and a few other scenarios. This piece is 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.
Notice to End a Tenancy
If the parties pre-determine a duration for the lease (a fixed term tenancy), neither party can end the lease prematurely without the other’s consent. Fixed term tenancies end naturally at the end of the contract duration, unless both parties express an intention to continue as either a periodic tenancy or with a fresh lease establishing a new fixed term tenancy.
The notice periods outlined in the RTA can only end periodic tenancies, and by the landlord only in specific circumstances. The landlord can terminate the lease if the landlord, a buyer, or a relative of either plans to move into the unit. In such a circumstance, the landlord is required to give three full months notice to end a monthly tenancy, or one full week to end a weekly tenancy. If the landlord intends to demolish or do significant renovations that require the rental unit to be vacated or intends to convert the rental unit into a condo unit, the landlord must give the tenant one year’s notice!
Conversely, a tenant can always give notice (without offering reasons) to end a periodic tenancy. A tenant needs to give one full month’s notice to end a monthly tenancy, and one full week to end a weekly tenancy.
Tenants can also be evicted with much less notice if they fail to pay rent, endanger the landlord or others in the rental premises, or damage property in the rental premises. The notice period is also significantly abbreviated for unauthorized tenants/guests.
Residential Tenancy Dispute Resolution Service (RTDRS)
The RTDRS is set up as a mini court that primarily hears cases based on the RTA. Landlords can apply to seek reimbursement of financial losses or costs, eviction, or re-possession of the rental unit. Tenants can apply to seek the return of a security deposit, termination of tenancy, compensation, or an abatement/reduction of rent. However, the RTDRS does not have an automatic enforcement mechanism, so practical collection of money or enforcement of an order is still up to the applicant.
Before filing in the RTDRS, an applicant should consider whether they have met their obligations under the RTA; if not, the other side may counter-claim. Next, applicants should consider what evidence (and perhaps witnesses) they can bring to support their claim.
There is a filing fee to apply to the RTDRS, but this can be waived by various organizations around the city that serve vulnerable clients. Lawyers do not typically attend the RTDRS; it is informal and intended to be accessible to members of the public without the assistance of a lawyer.
I hope that this brief helps community members to understand their rights and obligations in the context of a lease covered by the Residential Tenancies Act. I wish my neighbours amicable tenancies and peaceful enjoyment of their rental premises!
