Tenants have the right to peaceful enjoyment of their property. Landlords have an obligation to ensure tenants receive that right, along with the obligation to provide a property that is safe and habitable. With repairs, the rights of both the landlord and tenant have to be balanced against one another. It is possible that by continually arriving to carry out repairs, the landlord is breaking their obligation to allow the tenant to live in peaceful enjoyment. On the other hand, if the repairs do not get completed, the landlord may be breaching their other obligation to provide a safe, habitable rental property.
If the tenant thinks the landlord is being unreasonable, the tenant should talk to the landlord about the situation. An agreement that is acceptable to both parties may be reached. If an agreement cannot be reached with the landlord, the tenant may want to consider applying for a rent abatement or to end the tenancy on the basis that the landlord is not allowing for peaceful enjoyment of the property. These applications can be made in Alberta Court of Justice Civil or through the Residential Tenancy Dispute Resolution Service.
If the property is not safe to live in because of the repairs being made, then the tenant may want to review the Minimum Housing and Health Standards. If the landlord is not living up to those standards, the tenant could contact Alberta Health Services, Environmental Public Health or Health Link at 811 for more information on property inspections.
June 2015
