According to a recent report by Statistics Canada, the number of Calgarians who rent their home is growing at a much faster rate than the number who are property owners. And, it may not surprise you that this is actually a national trend. If you are one of the many renters who live in our fair city, it’s important to know your rights. Here’s what I can tell you.
Legislation
In Canada, tenancy laws are the responsibility of provincial governments. If you’ve moved to Calgary from elsewhere in the country, you’ll find the complete Alberta Tenancies Act here. In short, the legislation outlines the rights and responsibilities of renters and their landlords and describes the minimum standards of conduct. The Canadian government also has some requirements for rental arrangements.
Signing a lease
While you don’t need to sign a lease to rent a property in Alberta, it’s a good idea to have an agreement in writing. Basically, this is because it can keep both parties clear on the terms of the tenancy and confirm what each has agreed to and the specific responsibilities of both the owner and the renter. This can help in a dispute if, for example, there’s a different understanding of who takes care of outside property maintenance. Your landlord can find a standard rental agreement online that they can use.
Move-in and move-out inspections
A written inspection report is required in this province, although there’s no specific form that must be used. The purpose is to describe the condition of the unit and determine that no damage has been caused by the previous tenant. The move-in report has to be completed within a week of the new occupant moving in, either beforehand or afterward.
The move-out document is needed either within a week before or after the last renter has vacated the unit. A landlord who hasn’t conducted an inspection and completed a report isn’t permitted to take monies from a security deposit for cleaning or repairs.
Withholding rent
If your landlord hasn’t made needed repairs to your rental unit, you may be tempted to withhold your rent. This is not a good idea. Not only is it something you’re not allowed to do, but it could put you in a vulnerable position. Failing to pay rent is one reason that your landlord can move to terminate your lease with a 14-day notice. The better course of action if the owner isn’t maintaining the property is to use the Residential Tenancy Dispute Resolution Service (RTDRS).
Two types of rental agreements
Our province has two types of tenancy agreements - fixed-term and periodic. In the case of fixed term, the landlord and renter agree that the length of the lease will be for a fixed term. It could be for either one or two years, for example. The tenancy will automatically end at the date specified in the agreement and no notice is required. There is an option, too, for the landlord and tenant to agree to terminate the lease early or to continue renting after the end of the fixed term.
A periodic tenancy, on the other hand, has a start date and no end date. Periodic leases are generally month-to-month but they can also be year-to-year or week-to-week. Since there is no end date specified, either the landlord or renter must give the notice to end the tenancy.
Giving notice of leaving
The amount of notice needed to end a tenancy depends on the type of agreement. In the case of a year-to-year lease, the landlord has to give 90 days' notice before the last day that the tenancy will end while the tenant is only required to give 60 days' notice. When the usual notice date falls on a statutory holiday, the due date shifts to the next business day.
For a week-to-week agreement, a full week’s notice is needed. In the case of a month-to-month rental, a month’s notice is all that is required from the renter but the landlord must provide three months of notice. Be aware that if your safety or that of your dependents is at risk for some reason, you can leave early and not be penalized.
Renting with pets
If you’re curious about whether you can have a dog, cat, or another type of pet as a renter, you should know that this is entirely up to your landlord. Furthermore, they can dictate the kind of pet and the breed that’s permitted. It’s a good move to ask the property owner ahead of time what they’re comfortable with and be upfront about any pets you have. Plus, if you’re renting a condo there will likely be some regulations regarding pets that the owner must follow.
The exception here is that landlords cannot refuse to rent to a tenant with a service or guide dog. When it comes to other types of support animals, a letter from a medical professional may be required.
In closing
If you’re going to be renting for the foreseeable future, having a good relationship with the property owner is essential. Along with meeting your responsibilities to pay your rent on time, keep the premises clean, take responsibility for any overnight guests, and be a good neighbor, it’s invaluable to be aware of your rights as well.
If you have any other questions about tenancy rights in Calgary, please reach out to me and I’ll do what I can to find the answers. Don’t forget, when you’re ready to buy your own home I’m more than happy to help in your search.
