Landlord and Tenant - CPLEA

Landlord and Tenant Information for Albertans

A Website of The Centre for Public Legal Education Alberta
  • About
    • About CPLEA and Disclaimer
    • Copyright Statement
  • Topics
    • Legislation
    • Leases and Agreements
    • Security Deposits
    • Inspection Reports
    • Responsibilities
    • Roommates, Subletting, and Assignment
    • Repairs
    • Notices
      • Eviction Notice (Notice of Termination of Tenancy for Substantial Breach)
      • Notice of Objection to an Eviction Notice
      • Notice of Entry by the Landlord
      • Notice of Landlord
      • Notice of Rent Increase
      • Notice of Termination of a Periodic Tenancy for Allowable Reasons
      • Notice to End a Periodic Tenancy
      • Tenant’s 14 Day Notice to Terminate Tenancy
    • Dispute Resolution
  • Resources
  • FAQs
  • Glossary
  • Find Help
    • Forms
    • Legal Advice
    • Government & Court Services
You are here: Home / Leases and Agreements / FAQ – Does the lease have to be in writing?

FAQ – Does the lease have to be in writing?

Print Friendly, PDF & Email

In Alberta, you do not need a written lease. However, a written lease is a good idea because then both the landlord and the tenant are clear on their responsibilities. If there is a dispute at a later date, having a written lease can help clarify what was agreed to by both sides. A written lease is also important if the landlord chooses to sell the property. The new landlord will have to follow any written agreement that was already in place.

If the lease is in writing, it must contain this statement in larger text than the other text of the agreement: “The tenancy created by this agreement is governed by the Residential Tenancies Act and if there is a conflict between this agreement and the Act, the Act prevails.”

Also, if the lease is in writing and the tenant has signed it and given it back to the landlord, the landlord must give the tenant a copy of the lease with the landlord’s signature within 21 days. If the landlord does not do this, the tenant can withhold rent until a signed copy is received. This is the only time that the Residential Tenancies Act allows a tenant to withhold the rent.

January 2015

Funded by

Territory Acknowledgement

The Centre for Public Legal Education respectfully acknowledges that we are located on Treaty 4, 6, 7, 8 and 10 territories, the traditional lands of First Nations, Métis, and Inuit.

A Project of

www.cplea.ca

Please note CPLEA does not provide legal advice or legal representation. For publication and resource requests, click here.

Disclaimer

This website provides legal information for Alberta law only. It does not provide legal advice. Laws may be different in other provinces.

CPLEA does not guarantee the accuracy of Google Translate. Read the full Disclaimer.

Copyright 2020 Legal Resource Centre of Alberta. All rights reserved. Read the full Copyright Statement.

Copyright © 2023 Centre for Public Legal Education Alberta

  • About
    • About CPLEA and Disclaimer
    • Copyright Statement
  • Topics
    • Legislation
    • Leases and Agreements
    • Security Deposits
    • Inspection Reports
    • Responsibilities
    • Roommates, Subletting, and Assignment
    • Repairs
    • Notices
      • Eviction Notice (Notice of Termination of Tenancy for Substantial Breach)
      • Notice of Objection to an Eviction Notice
      • Notice of Entry by the Landlord
      • Notice of Landlord
      • Notice of Rent Increase
      • Notice of Termination of a Periodic Tenancy for Allowable Reasons
      • Notice to End a Periodic Tenancy
      • Tenant’s 14 Day Notice to Terminate Tenancy
    • Dispute Resolution
  • Resources
  • FAQs
  • Glossary
  • Find Help
    • Forms
    • Legal Advice
    • Government & Court Services