Rules Implied by Law

The Residential Tenancies Act (RTA) imposes the basic rules that a landlord must follow. These rules set a minimum standard of conduct. It is possible for you and your landlord to agree that the landlord will do more than is required by the rules, but you cannot be asked to agree that the landlord does less. The rules under the RTA will apply even if they are not mentioned in the agreement between you and your landlord.

The rules that a landlord is specifically required to follow under the Residential Tenancies Act are as follows:

• Provide a place that is empty and ready for you to move into on the first day of the tenancy.
• Allow you to enjoy peaceful possession of the property.
• Make sure the premises are at least meeting the minimum standards for housing required under the Alberta Public Health Act.
• Give you a signed copy of the tenancy agreement (if it is in writing), within 21 days of your signing it and returning it to the landlord. You can hold back payment of rent until a copy of the agreement is given to you.
• Give you written details of the name and address of the landlord in a Notice of Landlord. This information must be given within seven days of your taking possession of the rented premises. If the premises are within a large complex or building with common areas, it is enough if the notice is posted in a conspicuous place.
• New information must be given if the landlord changes, together with a current statement of the security deposit and interest.
• Put any money from a security deposit in a trust account within two banking days of receiving it.
• Carry out inspections at both the beginning and end of the tenancy and give copies of the inspection reports to you.
• Tell you if any locks on access doors are changed and give you new keys.
• Give the required length of notice under the Residential Tenancies Act for any rent increase or to end the tenancy.
• Give you notice to end the tenancy for the reasons permitted by the Residential Tenancies Act.
• Keep records as required by the Residential Tenancies Act relating to security deposits, inspection reports, and abandoned goods.

In particular situations, for example the rental of a condominium unit, the landlord may have to comply with some extra rules.

May 2005