Section 3 - Renting a Home

Lesson 11 - Landlord and Tenant

Perhaps, as a high school student, you live at home with one or both parents-possibly along with other family members. If so, do your parents own the home you live in? The fact is that in Alberta many people don't own the buildings they live in; such people are known at tenants . Tenants are simply people who rent their house, apartment, duplex or whatever sort of home they live in. Tenants normally pay rent to a landlord . The landlord may be the person who owns the building, a property manager hired by the owner, or even someone else renting the building and then renting it out once again to the person actually living in it.

Tenant: a person who rents, rather than owns, the home in which he or she lives

Landlord: a person who rents out a home to a tenant

Rights and Responsibilities

In Alberta, a statute called the Residential Tenancies Act outlines the obligations of landlords and tenants. The material that follows will give you an idea of how some of these obligations work.

When the Tenant Moves In

The chart that follows briefly outlines the three things that should happen at this stage. Study the chart carefully and then answer the questions that follow it.

What Should Happen	Explanation
The landlord and tenant arrive at a tenancy agreement.	Before moving in, the landlord and tenant should come to an agreement on what type of tenancy (periodic or fixed term) this will be, how much rent is involved and when it's to be paid, and who will pay for repairs, utilities, and other services.
The tenant leaves a security deposit with the landlord.	A security deposit provides the landlord with some financial security if a tenant misses rent payments, damages the premises, or fails to clean-up property after moving out. The maximum amount a landlord may request is the equivalent of one month's rent.
The tenant and landlord complete an inspection report.	An inspection report describes the condition of the premises when the tenant moves in and moves out. This report protects both the landlord and tenant in that neither party can be held responsible for damages with which that party hasn't been involved.

Periodic tenancy: a rental agreement running on a week-to-week or month-to-month basis

Fixed-term tenancy: a rental agreement that begins and ends on specific dates

Security deposit : (commonly called a damage deposit ) an amount of money left by a tenant with a landlord at the beginning of a tenancy to cover any amounts owing when the tenancy ends

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The three steps outlined in the preceding chart are all very important when you're renting a place to live. The one that's most often neglected is the inspection report, but it can end up being valuable if a landlord tries to make you pay for damage that already existed when you moved in. Conversely, a report can help a landlord when a tenant who has actually caused damage tries to claim it was done by an earlier tenant.

Note the two types of tenancies mentioned in the chart. Periodic tenancies run from week to week or month to month, while fixed-term tenancies begin and end on agreed-upon dates.

Test Yourself:

1. Here are two landlord/tenant situations. Read each one and answer the questions that come after it.

Eva wants to rent an apartment until she finds a job teaching English in another country. What type of tenancy agreement should she enter into? Explain your answer.
Georges has agreed to rent a house for $750 a month. Because Georges strikes the landlord as possibly a bad-risk tenant, she asks that he put down a security deposit of $850. Is she within her rights? Explain why or why not.

2. Katie is renting her very first apartment. When she asks her new landlord about an inspection report, he laughs and says that it's just a waste of time; he'll trust her. Katie, feeling a little intimidated by the whole situation, doesn't press the issue. What is your advice to her? Explain your reasons.

Turn to the Suggested Answers at the end of this lesson and compare your answers with the ones given there.

While the Tenant Lives in the Rented Property

The chart that follows lists the principal duties of both the landlord and the tenant during this period.

Party	Responsibilities
Tenant	pay the rent on time be considerate of other tenants keep the premises reasonably clean and safe prevent damages to the premises move out when the rental agreement ends never endanger other tenants never perform illegal acts or conduct illegal business on the premises
Landlord	ensure that the premises are available for the tenant when the rental agreement takes effect ensure the premises are habitable at the beginning of the tenancy give proper notice if he or she want to enter the apartment for repairs never disturb the tenants' peaceful enjoyment of the premises

Problems can arise between tenants and landlords during the period of tenancy. Frequently, one party or the other fails to live up to his or her responsibilities, and the results can sometimes be nasty. When issues like this do occur, the first thing to do is talk them over. If this doesn't work and the problem is serious, then the party that feels wronged should consult a lawyer. As a last resort, either party can take the other party to court.

If a landlord/tenant dispute does end up in the courts, the Plaintiff can ask for the problem to be readdressed in several different ways. If the plaintiff is a tenant, here are some of the legal remedies available:

The plaintiff can seek damages. Damages is the legal term for money paid in order to compensate for a wrong that a person has suffered at another's hand.
The plaintiff can seek abatement . This can mean a reduction in rent based on the amount lost because of the landlord's failure to live up to his or her responsibilities.
The plaintiff can seek compensation to pay for doing things the landlord was supposed to do.
The plaintiff can seek termination-an ending of the tenancy.

Plaintiff: the party bringing a legal action against another party in civil court

Damages: money awarded to a successful plaintiff by a court to compensate for a wrong suffered

Abatement: a reduction in rent

Going Further

If you'd like to learn even more about this issue, consider taking Legal Studies 1020: You and the Law 2.

When the Tenant Moves Out

All tenancies eventually come to an end. When they do, once again there are things that both landlord and tenant should do. The following chart explains the principal ones.

What Should Happen	Explanation
Proper notice must be given by the party terminating the tenancy.	The landlord or tenant (whoever is doing the terminating) must put the notice to terminate in writing. For month-to-month tenancies, the landlord must give the tenant three month's notice, while the tenant must give the landlord one month's notice. In a week-to-week tenancy, the tenant or landlord must give each other one week's notice.
A final inspection should be carried out and report made.	A landlord and tenant must complete a final inspection of the premises within one week after the tenant moves out.
The security deposit should be returned to the tenant minus any legitimate withholdings.	Tenants have a right to get their security deposits back within ten days after they move out. They should get the full amount of the deposit, plus any interest owing, if the following conditions are met: no damage has been done beyond normal wear and tear the premises have been properly cleaned no rent is owing Otherwise, the landlord has the right to keep part or all of the security deposit to cover the costs. If the damage exceeds the security deposit, the landlord can take legal action to claim for money needed for repairs.

Test Yourself :

Read the following scenarios and answer the questions based on them.
1. Mrs. Sandhu is demolishing her apartment complex to make room for a mall. How much notice must she give her tenants?
2. Roberto moved out of his apartment two months ago and is still waiting for the return of his security deposit. Is this legal? Explain why or why not.
3. Mr. and Mrs. Rentz and their seven children rented a house from Mr. Smith for three years. When they left, they made sure they moved out several days before the tenancy expired so they could return to the empty house and clean it properly before Mr. Smith took possession. However, the day after they moved out they received a phone call from an angry Mr. Smith who'd let himself into the house. He claimed the kitchen was filthy, the carpets worn, the porch steps wobbly, and all the walls in need of repainting. For these reasons, Mr. Smith claimed, he was keeping the entire security deposit. Was Mr. Smith within his rights? Explain why or why not.

Turn to the Suggested Answers at the end of this lesson and compare your answers with the ones given there.

Three Common Situations

You have now had an overview of some of the basic provisions in the Residential Tenancies Act . What follows is a somewhat more detailed look at three situations that commonly arise between a landlord and a tenant. All three involve landlords' rights in dealing with tenants and the properties they rent.

If you wish to learn about about the Residential Tenancies Act, go to: http://www.servicealberta.gov.ab.ca/Landlords_Tenants.cfm

Shown here are three common notices a renter might receive from his or her landlord.
The notices are followed by explanations.

Sometimes a landlord decides that a tenant must be evicted from the rented premises. This doesn't mean, however, that landlords can just terminate tenancies on a whim. You've already seen that termination notices have to be given in writing and must allow the tenants a stipulated period of time in which to leave. The landlord also has to have a good reason for the eviction; for instance, he or she may have sold the property to someone who intends to live in it.

Sometimes the period between notice and eviction can be shortened. For instance, if a tenant has committed a "substantial breach " of his or her obligations as a tenant, 14 days is all that required. A substantial breach might involve :

not keeping the premises adequately clean
failure to pay the rent
being inconsiderate of other tenants (such as having loud parties at night)
conducting illegal businesses or causing danger to others
not looking after the rented accommodation in a reasonable fashion

However, even the 14-day period can be shortened if the situation is extreme. If, for example, a tenant causes extensive damage or actually assaults other tenants or the landlord, he or she can be evicted on a 24-hour notice.

Test Yourself :

A tenant has been warned on numerous occasions that he's playing his saxophone too loudly and is disturbing other residents in the apartment complex in which he lives.
1. What can the landlord do to evict him?
2. What are the tenant's rights here?

Turn to the Suggested Answers at the end of this lesson and compare your answers with the ones given there.

As you noted earlier, once a tenant rents a property it becomes his or her home, and during the tenancy the landlord has very limited rights to enter it. In fact, a landlord can enter the premises under only three conditions:

if the landlord has good reason to believe there's an emergency
if the landlord has good reason to believe that the tenant has abandoned the premises
after giving 24 hours' notice in advance in order to
- do repairs
- inspect for damage
- show the premises to prospective buyers or renter

In the last case, the notice must

be in writing
be signed
state the reason for the entry
state the time and date of the entry

Test Yourself :

Mrs. Cardoza rents out a basement suite in her home. Being opposed to any form of alcohol consumption. Mrs. Cardoza becomes alarmed one day when she thinks she detects fumes coming from her tenant's suite. When her tenant is at work the next day, she lets herself into the suite and goes through the drawers and cupboards looking for bottles. When the tenant comes home, he realizes that his landlord has been going through his belongings. Have the tenant's legal rights been infringed upon? Explain your answer.

Turn to the Suggested Answers at the end of this lesson and compare your answer with the one given there.

Do you remember what a periodic tenancy is? It is a tenancy that runs from week to week or month to month (or even year to year).

Landlords can raise the rents they charge during period tenancies, and there are really no legal controls over how much they can be raised. The Residential Tenancies Act does, however, limit the number of rent raises to two per year . In addition, the Act stipulates that the landlord must give the tenant written notice of the increase.

The amount of time that must elapse between the notice being given and the increase taking effect is also laid out, though it varies depending on the type of tenancy. Here are the stipulated time frames:

for a weekly tenancy, at least 12 weeks' notice
for a monthly tenancy at least three months' notice
for any other type of periodic tenancy, at least 90 days' notice

Lesson 11: Landlord and Tenant

Legal Studies 1010

Section 3 - Renting a Home

Lesson 11 - Landlord and Tenant

Rights and Responsibilities

When the Tenant Moves In

Test Yourself:

While the Tenant Lives in the Rented Property

When the Tenant Moves Out

Test Yourself :

Three Common Situations

Test Yourself :

Test Yourself :

Suggested Answers