What do I need to know about renting an apartment in Alberta?

Categories: Renting 

Most newcomers to Alberta begin by renting an apartment or home. With the cost of purchasing a home climbing, renting can be a great alternative. There are a few important things that you should know before you rent an apartment or home in Alberta.

In Alberta, the law that governs most rental housing is called the Residential Tenancies Act. A rental agreement (also called a lease) is an agreement between a tenant and a landlord that outlines the conditions and rules of a rental. A rental agreement can be oral or written - both are equally binding. However, a written agreement is almost always preferable in case of disputes!

Types of Rental Agreement

There are two types of rental agreements in Alberta: Fixed Term and Periodic. Each has different rules about rent increases and how a tenancy can end.

Fixed Term Agreements

These leases are agreements to rent a property for a specific period of time. Fixed Term agreements are commonly for 6 months, 1 year, or 2 years.

You can only end a fixed term agreement at the end of the rental period that you and your landlord agreed upon. For example, if you agreed to a 1 year fixed term lease, you can only end it after one year. However, if you or your landlord violates one of the conditions of the lease, you can end the agreement.

Rental increases in a fixed term tenancy must be agreed upon beforehand. If you plan on agreeing to a long fixed term agreement, you should carefully consider if you and your landlord expect to increase the rent at some time in the future. Unless you agree upon it with your landlord, your rent cannot be increased for the length of your fixed term agreement.

Periodic Agreements

Periodic agreements are month-to-month or week-to-week tenancies, common in other parts of Canada. They are still bound by a lease or agreement between you and your landlord, however you can terminate the tenancy if you give the required amount of notice.

You can end a period agreement with no fault (without a reason) as long as you give the amount of notice that you initially agreed upon with your landlord. A landlord can end a tenancy by giving the required amount of notice if there is no fault, if the tenant is in serious breach of the rental agreement, or if the tenant assaults or causes serious damage to the rental property. Damage must be more than normal “wear and tear”.

Security Deposit

A landlord can request a security deposit as a condition of renting, as long as the deposit does not exceed more than one month’s rent. A security deposit does not have to be in the form of money - it can also be a piece of property. Always be sure to get a receipt, and document everything!

You will get your security deposit back at the end of your tenancy, as long as you meet the requirements that you and your landlord agree to in your lease. Your landlord must refund your security deposit no more than 10 days after the end of your tenancy.

Other Fees

A landlord may ask for other fees, as long as they are clearly one-time-only and no-refundable. Fees can be charged for damage to the apartment, or for conditions that you and your landlord agree upon in the lease. Fees cannot be much higher than the cost to the landlord of the damage or condition. Always be sure to get receipts, and make sure that your landlord is following your rental agreement!

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