As a landlord in Calgary or any region in Alberta, there are several important legal considerations you should be aware of to ensure you are operating within the law and protecting your rights and your tenants’ rights. Here are some key legal considerations for landlords in Alberta you need to know:
9 Legal Aspects to Comply With as a Landlord in Alberta
1 – Residential Tenancies Act (RTA)
Familiarize yourself with the Residential Tenancies Act of Alberta, which regulates the rights and obligations of landlords and tenants in residential rental properties. The RTA sets out rules related to rent increases, security deposits, evictions, and other aspects of the landlord-tenant relationship.
2 – Tenancy Agreement
Not having a formal tenancy agreement is a common mistake, especially among new landlords. This agreement should outline the terms and conditions of the tenancy, including the amount of rent, the length of the lease, and any other rules and responsibilities both you and the tenant must follow to have a fruitful relationship from the beginning.
3 – Security Deposit
In Alberta, landlords can collect a security deposit from tenants at the beginning of the lease, but the amount is limited to a maximum of one month’s rent. You must return the deposit to the tenant at the end of the tenancy if there is no damages to the property or unpaid rent.
4 – Rent Increases
Landlords in Alberta are permitted to increase rent once every 12 months, and the increase must follow the guidelines set by the government. You must follow these guidelines to avoid any legal issues.
5 – Maintenance and Repairs
You are responsible for maintaining the rental property in a safe and habitable condition. This includes addressing any necessary repairs promptly. Failure to do so may result in penalties or legal action from tenants.
6 – Entering the Rental Unit and Privacy
Landlords have the right to enter the property for specific reasons, such as conducting repairs or inspections. However, you must provide the tenant with reasonable notice, whether verbal or written. The notice is usually given 24 hours in advance unless there is an emergency.
Landlords must also respect the tenants’ privacy rights and avoid entering the rental unit without a proper justification or prior notice.
7 – Eviction Process
The process for evicting a tenant in Alberta must adhere to the rules in the RTA. You can’t evict a tenant without a valid reason and must follow the proper legal procedures. We have a dedicated article in which we explore the eviction process in Alberta in detail.
8 – Discrimination of Tenants
Tenants are protected against discrimination by the fair housing regulations in the Alberta Human Rights Act. It’s illegal to discriminate against potential or current tenants based on characteristics such as race, place of origin, religion, gender, gender identity, sexual orientation, or disability.
9 – Documentation Tracking
Keeping thorough records of all transactions and communications with tenants, including rent payments, repairs, and notices served, is a good practice we recommend all landlords follow. This will protect you in case of conflicts or legal disputes.
Landlord Support for Legal Compliance and Beyond
A property manager will ensure you and your property remain compliant with the laws and regulations and will be informed about any updates or changes so you don’t have to. If you have a rental property in Calgary and want professionals keeping up with the laws and maintenance of your property, contact us to get a free discovery call.
