2004 Chapter R171 2004 Chapter R171 RESIDENTIAL TENANCIES ACT Enforcement of order Residential Tenancy Dispute Definitions Right to apply to Dispute Resolution Service 543 Effect of ap ID: 191919
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2004 CKapter R-17.1 RESIDENTIAL TENANCIES ACT AssiJnment and sublease Entry of premises LocNs and security devices ProKibition re termination of tenancy Part 3 Landlord’s remedies Repudiation of tenancy Termination for substantial breacK by landlord Termination for substantial breacK by tenant WKere premises are occupied by survivinJ spouse or partner Termination of tenancy for damaJe or assault Abandoned Joods Recovery of damaJes Notice to vacate Order for recovery of possession Requirements respectinJ eviction Notice of default required Notice to vacate Tenant’s remedies Possession unobtainable Compensation to tenant Frustration of tenancy aJreement Application for remedy to court Order of court Part 4 Security Deposits Amount of security deposit Trust account Interest on security deposit Return of security deposit ObliJations and riJKts of neZ landlord Definition Domestic violence Termination of tenancy for domestic violence Application for a certificate DesiJnated autKority 2004 CKapter R-17.1 RESIDENTIAL TENANCIES ACT DesiJnated autKority not compellable Requirement for confidentiality Part 5 Jurisdiction Application of Provincial Court Act Commencement of application Notice of application +earinJ of application Appeal Enforcement of order Residential Tenancy Dispute Definitions RiJKt to apply to Dispu 54.3 Effect of application to Dispute Resolution Service 54.4 RevieZ before filinJ ZitK a court 54.5 AutKority of Dispute Resolution Service 54.6 Application, proceedinJs and decision to be in accordance ZitK reJulations 54.7 ReJulations 54. Application of tKis Part Part 6 *eneral Appointment of Director DeleJation Service of notices, etc. Satisfaction of service requirement Landlord and Tenant Advisory Boards Offences and penalties Limitation period AutKori]ed person Identification Inspection Order compellinJ assistance in inspections InvestiJation Order compellinJ assistance in investiJations Lieutenant *overnor in Subsidi]ed public KousinJ reJulations 2004 Section 1 CKapter R-17.1 RESIDENTIAL TENANCIES ACT Ministerial reJulations Application to Court of Queen’s BencK Part 7 Transitional Repeal CominJ into force +ER MAJESTY, by and ZitK tKe advice and consent of tKe LeJislative Assembly of Alberta, enacts as folloZs 1 In tKis Act, a ³cKild´ means a person under 1 years of aJe a.1 ³common areas´ means areas controlled by a landlord and used for access to residential premises or for tKe service or enMoyment of tenants b ³council´ means i tKe council of a city, toZn, villaJe, municipal district oMetis settlement, ii in tKe case of an improvement district, tKe Minister determined under section 16 of tKe Organization Act as tKe Minister responsible for tKe Municipal Government Act, or iii in tKe case of a special area, tKe Minister determined under section 16 of tKe Government Organization Act as tKe Minister responsible for tKe Special Areas Act c ³court´ means i tKe Provincial Court, or ii tKe Court of Queen’s BencK d ³Director´ means tKe Director of Residential Tenancies appointed under section 55 2004 Section 1 CKapter R-17.1 RESIDENTIAL TENANCIES ACT e ³fi[ed term tenancy´ means a tenancy under a residential tenancy aJreement for a term tKat ends on a day specified in tKe aJreement f ³landlord´ means i tKe oZner of tKe residential premises, ii a property manaJer ZKo acts as aJent for tKe oZner of tKe residential premises and any otKer person ZKo, as aJent for tKe oZner, permits tKe occupation of tKe residential premises under a residential tenancy aJreement, iii tKe Keirs, assiJns, personal representatives and successors in title of tKe oZner of tKe residential premises, and iv a person ZKo is entitled to possession of tKe residentialpremises, otKer tKan a tenant, and ZKo attempts to enforce any of tKe riJKts of a landlord under a residential tenancy aJreement or tKis Act J ³Minister´ means tKe Minister determined under section 16 of tKe Government Organization Act as tKe Minister responsible for tKis Act K ³overKoldinJ tenant´ means a person ZKo Zas a tenant of premises and ZKo does not vacate tKe premises after tKe tenancy Kas e[pired or been terminated i ³periodic tenancy´ means i a tenancy under a residential tenancy aJreement tKat is reneZed or continued ZitKout notice, ii ZitK respect to a fi[ed term tenancy tKat contains a provision alloZinJ for reneZal or continuation of tKe tenancy ZitKout notice, tKat part of tKe tenancy tKat arises after tKe end of tKe fi[ed term tenancy, and iii ZitK respect to a fi[ed term tenancy tKat does not contaa provision referred to in subclause ii, tKe part of tKe tenancy tKat arises after tKe end of tKe fi[ed term tenancy, ZKere tKe landlord and tenant by tKeir conduct e[pressly or impliedly indicate tKat tKey intend tKat tKe tenancy be reneZed or continued after tKe end of tKe fi[ed term tenancy M ³prescribed´ means prescribed by reJulation 2004 Section 1 CKapter R-17.1 RESIDENTIAL TENANCIES ACT M.1 ³protected adult´ means an assisted adult, represented adult or supported adult as defined in tKe Adult Guardianship and Trusteeship Act N ³rent´ means tKe consideration to be paid by a tenant to alandlord under a residential tenancy aJreement, but does not include a security deposit l ³residential premises´ means any place occupied by an individual as a residence m ³residential tenancy aJreement´ means a Zritten, oral or implied aJreement to rent residential premises n ³security deposit´ means any money, property or riJKt paidor Jiven by a tenant of residential premises to a landlord i to be Keld by or for tKe landlord as security for tKe performance of an obliJation or tKe payment of a liability by tKe tenant, or ii to be returned to tKe tenant on tKe KappeninJ of a condition n.1 ³stalNinJ´ means repeated conduct by a person, ZitKout laZful e[cuse or autKority, tKat tKe person NnoZs or reasonably ouJKt to NnoZ constitutes Karassment of anotKer person and causes tKat otKer person to fear for Kis or Ker personal safety o ³subsidi]ed public KousinJ´ means residential premises rented to a tenant of loZ income ZKo pays rent tKat is i reduced by reason of public fundinJ provided by tKe Jovernment of Canada or Alberta or a municipality, or by tKeir aJents, under tKe National Housing Act Canada or tKe Alberta Housing Act or its predecessor, ii determined by tKe tenant’s income p ³substantial breacK´ means i on tKe part of a tenant, a breacK of a covenant specified in section 21 or a series otenancy aJreement, tKe cumulative effect of ZKicK is substantial, and ii on tKe part of a landlord, a breacK of a covenant specified in section 16 c 2004 Section 1 CKapter R-17.1 RESIDENTIAL TENANCIES ACT q ³tenancy montK´ means tKe period on ZKicK a montKly periodic tenancy is based ZKetKer or not it is a calendar montK, and tKe montK beJins on tKe day rent is payable unless anotKer date is specified in tKe residential tenancy aJreement r ³tenancy ZeeN´ means tKe period on ZKicK a ZeeNly periodic tenancy is based ZKetKer or not it is a calendar ZeeN, and tKe ZeeN beJins on tKe day rent is payable unless anotKer date is specified in tKe residential tenancy aJreement s ³tenancy year´ means tKe period on ZKicK a yearly periodictenancy is based ZKetKer or not it is a calendar year, and tKe year beJins on tKe day, or tKe anniversary of tKe day, on ZKicK tKe tenant first becomes entitled to possession unless anotKer day is specified in tKe residential tenancy aJreement t ³tenant´ means i a person ZKo is permitted by tKe landlord to occupy residential premises under a residential tenancy aJreement, ii a person ZKo is permitted to occupy residential premises under an assiJnment or sublease of a residential tenancy aJreement to ZKicK tKe landlord Kas consented under section 22, and iii an Keir, assiJn or personal representative of a person referred to in subclause i or ii. 2 A reference to ³tenant´ in tKe folloZinJ provisions includes person ZKo Zas a tenant of premises ZKose tenancy Kas e[pired obeen terminated and ZKo Kas vacated tKe premises section 1 1 n section 1 2, 3 section 25 b section 31 section 37 section 41 section 44 5 a section 46 section 60 3, 5 section 70 1 K. 2004 Section 2 CKapter R-17.1 RESIDENTIAL TENANCIES ACT 3 For tKe purposes of tKis Act, unless tKe landlord and tKe tenaJree otKerZise, tKe tenant is considered to Kave taNen possession of tKe residential premises ZKen a tKe tenant Kas paid tKe required security deposit and fees, if any, and tKe rent required at tKe beJinninJ of tKe tenancy, b tKe landlord, beinJ in laZful possession of tKe residentiapremises, Kas Jiven tKe Neys to tKe residential premises to tKe tenant for tKe purpose of tKe tenant’s occupyinJ tKe residential premises under tKe residential tenancy aJreement. 4 WKere, before tKe end of tKe residential tenancy aJreement, tKe tenant Kas paid tKe rent to tKe end of tKe tenancy but Kas not turned in tKe Neys to tKe residential premises, tKe tenant sKall not bconsidered to Kave Jiven up possession of tKe residential premiunless a tKe landlord and tKe tenant aJree tKat tKe tenant Kas Jiven up possession, or b tKe landlord reasonably believes tKat tKe tenant Kas repudiated tKe residential tenancy aJreement or Kas abandoned tKe residential premises. 2004 cR-17.1 s1 2007 c11 s1 2015 c20 s2 Application 1 SubMect to subsection 2, tKis Act applies only to tenancies of residential premises. 2 TKis Act does not apply to a a mobile Kome site as defined in tKe Mobile Home Sites Tenancies Act b premises occupied for business purposes ZitK livinJ accommodation attacKed and rented under a sinJle aJreement, c rooms in tKe livinJ quarters of tKe landlord, if tKe landlord actually resides in tKose quarters, d a Kotel, motel, motor Kotel, resort, lodJe or tourist campcottaJe or cabin located in a campJround, or a trailer parN, tourist Kome, bed and breaNfast establisKment or farm vacation Kome, if a person resides tKere for less tKan 6 consecutive montKs, 2004 Section 3 CKapter R-17.1 RESIDENTIAL TENANCIES ACT e a tenancy aJreement betZeen an educational institution as landlord and a student of tKat institution as tenant if tKe tenant does not Kave e[clusive possession of a self-contained dZellinJ unit, f a nursinJ Kome as defined in tKe Nursing Homes Act J lodJe accommodation as defined in tKe Alberta Housing ActtKat is operated i by a manaJement body under a ministerial order under section 5 of tKat Act, or ii under an aJreement ZitK tKe Minister responsible for K repealed 2013 cS-1 .3 s25, K.1 a supportive livinJ accommodation licensed under tKe Supportive Living Accommodation Licensing Act i a correctional institution, or M any otKer prescribed premises. 2004 cR-17.1 s2 200 cS-23.5 s26 2013 cS-1 .3 s25 Act prevails 1ant of tKe riJKts, benefits or protections under tKis Act is void. 2 If a residential tenancy aJreement is in ZritinJ, tKe aJreement must contain tKe folloZinJ statement in print larJer tKan tKe otKer print in tKe aJreement TKe tenancy created by tKis aJreement is Joverned by tKe Residential Tenancies Act and if tKere is a conflict betZeen tKis aJreement and tKe Act, tKe Act prevails. RelationsKip to otKer Acts NotZitKstandinJ anytKinJ in tKis Act, if an order is made pursuant to tKe Safer Communities and Neighbourhoods Actterminates a residential tenancy or entitles a landlord to possof residential premises, tKe tenancy terminates and tKe landlorreJains possession in accordance ZitK tKe order. 2007 cS-0.5 s66 CroZn is bound TKe CroZn in riJKt of Alberta is bound by tKis Act. 2004 Section 5 CKapter R-17.1 RESIDENTIAL TENANCIES ACT Notice of termination of periodic tenancy 1 A ZeeNly, montKly or yearly tenancy may be terminated by eitKer tKe landlord or tKe tenant on notice to tKe otKer. 2 TKe notice a must be served in sufficient time to Jive tKe period of norequired by section 7, , , 11 or 12, as tKe case may be, and b must meet tKe requirements of section 10. 3 A tenancy not referred to in subsection 1 tKat is terminablnotice must, unless otKerZise aJreed, be terminated as provided by section 10 and tKe notice must be served on tKe landlord or tenas tKe case may be. 4 If a periodic tenancy of residential premises is for a periodmore tKan one ZeeN but less tKan one year, tKat tenancy is, for tKe purposes of terminatinJ tKe tenancy, deemed to be a montKly tenancy. 5 A period of notice required by section 7, , , 11 or 12 may bemodified by a reJulation made under section 70 1 c.1. 2004 cR-17.1 s5 2007 c11 s1 Termination by landlord 1 A notice under tKis Part from a landlord to a tenant to terminate a periodic tenancy is of no effect unless tKe termination is for one or more of tKe prescribed reasons or for tKe reasons set out in section 11 or 12. 2 A landlord ZKo Jives a notice under tKis Part to a tenant to terminate a periodic tenancy for one or more of tKe prescribed reasons or for tKe reasons set out in section 12 contravenes tKif tKe tenant vacates tKe premises and tKe landlord does not use tKe premises for tKe reasons set out in tKe notice ZitKin a reasonable time after tKe termination date set out in tKe notice. Notice to terminate ZeeNly tenancy A notice to terminate a ZeeNly tenancy Jiven by a landlord otenant must be served on tKe otKer party on or before tKe firstof tKe tenancy ZeeN to be effective on tKe last day of tKat ten 2004 Section CKapter R-17.1 RESIDENTIAL TENANCIES ACT Notice to terminate montKly tenancy 1 A notice to terminate a montKly tenancy must be served a by a tenant on tKe tenant’s landlord, on or before tKe firday of a tenancy montK to be effective on tKe last day of tKat tenancy montK, or b by a landlord on tKe landlord’s tenant, on or before tKe fday of a notice period to be effective on tKe last day of tKe notice period. 2 In tKis section and section 10 2 b, ³notice period´ means aperiod of 3 consecutive tenancy montKs. Notice to terminate yearly tenancy ly tenancy must be served a by a tenant on tKe tenant’s landlord, on or before tKe 60tday before tKe last day of a tenancy year, or b by a landlord on tKe landlord’s tenant, on or before tKe 0tK day before tKe last day of a tenancy year, to be effective on tKe last day of tKe tenancy year. Form of notice 1 A notice to terminate a tenancy must a be in ZritinJ, b be siJned by tKe person JivinJ tKe notice or tKe person’s c in tKe case of a landlord terminatinJ tKe tenancy, set out tKe reasons for ZKicK tKe tenancy is beinJ terminated, d identify tKe premises in respect of ZKicK tKe notice is served, and e state tKe date on ZKicK tKe tenancy is to terminate. 2 If a notice to terminate a ZeeNly, montKly or yearly tenancy not served in sufficient time to Jive tKe period of notice required by section 7, or , as tKe case may be, tKe notice is still effective to terminate 2004 Section 11 CKapter R-17.1 RESIDENTIAL TENANCIES ACT a tKe ZeeNly tenancy on tKe last day of tKe first complete tenancy ZeeN folloZinJ tKe date on ZKicK tKe notice is served, b tKe montKly tenancy i if tKe notice is served by a tenant on tKe tenant’s landlord, on tKe last day of tKe first complete tenancy montK folloZinJ tKe date on ZKicK tKe notice is served, or ii if tKe notice is served by a landlord on tKe landlord’s tenant, on tKe last day of tKe first complete notice period folloZinJ tKe date on ZKicK tKe notice is served, or c tKe yearly tenancy i if tKe notice is served before tKe end of tKe tenancy yearby a tenant on tKe tenant’s landlord, 60 days from tKe date on ZKicK tKe notice is served, or ii if tKe notice is served before tKe end of tKe tenancy yeaby a landlord on tKe landlord’s tenant, 0 days from tKe date on ZKicK tKe notice is served. 3 Subsection 2 does not apply to a notice to terminate under section 11 or 12. Notice to terminate tenancy of employee If a periodic tenancy of residential premises Kas been entered into by reason of tKe tenant’s employment by tKe landlord and tKat employment is terminated, eitKer tKe landlord or tKe tenant mayterminate tKe tenancy by servinJ notice on tKe otKer party in sufficient time to provide a period of notice of termination of tKe tenancy tKat is a a period equal to i tKe period of notice of termination of employment required under any laZ in force in Alberta tKat is applicable to tKe tenant’s employment, ii tKe period of notice of termination of employment aJreed on by tKe landlord and tKe tenant, or iii one ZeeN, 2004 Section 12 CKapter R-17.1 RESIDENTIAL TENANCIES ACT ZKicKever is lonJest, or b a period prescribed in or determined in accordance ZitK tKreJulations. Notice to terminate for condominium conversion 1 In tKis section, a ³condominium plan´ means a condominium plan as defined in tKe Condominium Property Act b ³condominium unit´ means a unit as defined in tKe Condominium Property Act 2 If after tKe commencement of a periodic tenancy of residentiapremises a a condominium plan tKat includes or is proposed to includetKose residential premises is reJistered or is proposed to be reJistered in tKe land titles office, and b termination of tKat tenancy is souJKt for tKe purpose of obtaininJ vacant possession of tKe residential premises in order tKat tKe residential premises or any part of tKem may be sold as a condominium unit or as part of a condominium unit, tKe landlord may terminate tKat tenancy by servinJ a notice of termination on tKe tenant at least 10 days before tKe day named in tKe notice for tKe termination of tKe residential tenancy aJreement. 3 NotZitKstandinJ subsection 2, if tKe residential tenancy aJreement is terminated by tKe tenant before tKe day specified tKe notice, tKe landlord may rent tKe premises to anotKer tenant for tKe period remaininJ until tKe day specified in tKe notice, if tKe landlord Jives tKat tenant notice of tKe termination date beforenterinJ into tKe residential tenancy aJreement. Implied periodic tenancy WKen a periodic tenancy is implied by operation of laZ aftertKe e[piration or termination of a prior fi[ed term tenancy, tKimplied tenancy, in tKe absence of facts sKoZinJ a contrary intention, is a if tKe prior tenancy Zas for a fi[ed term of one montK or more, a montKly tenancy, or 2004 Section 14 CKapter R-17.1 RESIDENTIAL TENANCIES ACT b if tKe prior tenancy Zas for a fi[ed term of less tKan onemontK, a ZeeNly tenancy. Notice of increase in rent 1 A landlord sKall not increase tKe rent payable under a residential tenancy aJreement or recover any additional rent resultinJ from an increase unless tKe landlord serves on tKe tenant a Zritten notice of tKe increase in rent a in respect of a ZeeNly tenancy, at least 12 tenancy ZeeNs, b in respect of a montKly tenancy, at least 3 tenancy montKs c in respect of any otKer periodic tenancy, at least 0 daysbefore tKe date on ZKicK tKe increase is to be effective. 2 A notice under tKis section must indicate tKe date on ZKicK tincrease is to be effective and must be dated and siJned by tKelandlord. 3 If tKe residential tenancy aJreement provides for a period ofnotice lonJer tKan tKe period specified in subsection 1, tKe landlord must Jive at least tKat lonJer period of notice beforeincreasinJ tKe rent payable or recoverinJ any additional rent resultinJ from tKe increase. 4 A landlord sKall not increase tKe rent payable under a residential tenancy aJreement or recover any additional rent resultinJ from an increase unless tKe prescribed amount of timepassed, ZKicK sKall not be less tKan 1 year. 5 A tenant under a periodic tena notice undertKis section and ZKo fails to Jive to tKe landlord notice of termination effective on or before tKe date tKe rent increase ieffective is deemed to Kave aJreed to tKe increase in rent. 6 A notice of increase in rent tKat does not comply ZitK or is not Jiven in accordance ZitK tKis section is void. 7 A tenant ZKo pays increased rent pursuant to a notice of increase in rent tKat does not comply ZitK or is not Jiven in accordance ZitK tKis section may recover tKe amount by ZKicK tKrent Zas increased in an action in debt. A period of notice required by tKis section may be modified ba reJulation made under section 70 1 c.1. 2004 cR-17.1 s14 2007 c11 s1 2004 Section 14.1 CKapter R-17.1 RESIDENTIAL TENANCIES ACT ProKibition on rent increases in emerJency 1 In tKis section, ³emerJency end date´ means tKe date of tKe lapse or termination of tKe state of public KealtK emerJencdeclared under Order in Council 0/2020 or sucK alternative date as may be prescribed. 2 If a tenancy e[pires or is termer MarcK 27, 2020, and tKe landlord and tenant enter into a neZ residential tenancy aJreement in respect of tKe same residential premises tKat Zas tKe subMect of tKe e[pired or terminated residential tenancaJreement durinJ tKe period beJinninJ on MarcK 27, 2020 and endinJ on tKe emerJency end date, tKe rent payable under tKe neresidential tenancy aJreement from tKe date tKe aJreement Zas entered into until tKe emerJency end date is deemed to be tKe amount of rent payable under tKe residential tenancy aJreement tKat Zas in force immediately prior to tKe date on ZKicK tKe landlord and tenant entered into tKe neZ residential tenancy aJreement. 3 Despite section 14, a landlord sKall not increase tKe rent payable under an e[istinJ residential tenancy aJreement until atKe emerJency end date ZKere a a landlord Kas Jiven a tenant a Zritten notice of an increase in tKe rent in accordance ZitK section 14, and b tKe notice period required under section 14 1 is to elapsdurinJ tKe period beJinninJ on MarcK 27, 2020 and endinJ on tKe emerJency end date. 2020 c6 s3 2020 cC-1 .5 s12 Notice to terminate not required NotZitKstandinJ any aJreement to tKe contrary, notice to terminate is not required in order to terminate a fi[ed term tenancy. Landlords covenants TKe folloZinJ covenants of tKe landlord form part of every residential tenancy aJreement a tKat tKe premises Zill be available for occupation by tKe tenant at tKe beJinninJ of tKe tenancy b tKat, subMect to section 23, neitKer tKe landlord nor a person KavinJ a claim to tKe premises under tKe landlord Zill in any 2004 Section 17 CKapter R-17.1 RESIDENTIAL TENANCIES ACT siJnificant manner disturb tKe tenant’s possession or peaceful enMoyment of tKe premises c tKat tKe premises Zill meet at least tKe minimum standardsprescribed for KousinJ premises under tKe Public Health Actand reJulations. Copy of aJreement for tenant 1 If a residential tenancy aJreement is in ZritinJ and tKe tenant Kas siJned and returned tKe Zritten residential tenancy aJreement to tKe landlord, tKe landlord sKall, ZitKin 21 days atKe Zritten residential tenancy aJreement is returned to tKe landlord, serve on tKe tenant a copy of tKe Zritten residentialtenancy aJreement siJned by tKe landlord. 2 A tenant may ZitKKold payment of rent until tKe tenant is served ZitK a copy of tKe residential tenancy aJreement under subsection 1. Notice of landlord 1 In tKis section, ³notice of landlord´ means a Zritten notice tKat is dated and siJned by tKe landlord and sets out tKe name of one of tKe persons ZKo falls ZitKin tKe definition of landlord and a postal address and pKysical location in Canada for tKat person. 2 WKen a tenant enters into a residential tenancy aJreement Zita landlord, tKe landlord sKall serve tKe tenant ZitK a notice olandlord ZitKin 7 days after tKe day on ZKicK tKe tenant taNes possession of tKe residential premises. 3 A landlord of residential premises tKat are contained in a buildinJ or comple[ ZitK common areas may, instead of complyinJZitK subsection 2, post tKe notice of landlord in a conspicuous place in a common area. 4 If tKe information in tKe notice of landlord cKanJes, tKe landlord sKall fortKZitK serve tKe tenant ZitK a neZ notice ZitK tKe current information or, if tKe landlord Kas posted tKe notice under subsection 3, fortKZitK post a neZ notice ZitK tKe current information. 5 TKe landlord ZKo posts a notice of landlord under tKis sectiosKall taNe all reasonable steps to ensure tKat it remains posted. 2004 cR-17.1 s1 200 c7 s11 2004 Section 1 CKapter R-17.1 RESIDENTIAL TENANCIES ACT Inspection report 1 A landlord and tenant sKall inspect tKe residential premises ZitKin one ZeeN before or after a tenant taNes possession of tKresidential premises, and tKe landlord sKall, fortKZitK on completion of tKe inspection, provide tKe tenant ZitK a report of tKe inspection tKat describes tKe condition of tKe premises. 2 A landlord and tenant sKall inspect tKe residential premises ZitKin one ZeeN before or after tKe tenant Jives up possession of tKe residential premises and tKe landlord sKall, fortKZitK on completion of tKe inspection, provide tKe tenant ZitK a report of tKe inspection tKat describes tKe condition of tKe premises. 3 A landlord may complete tKe inspection ZitKout tKe tenant if tKe landlord proposes 2 inspections to taNe place a on different days, b on days tKat are not Kolidays, and c betZeen a.m. and p.m., and no adult person ZKo falls ZitKin tKe definition of tenant ato taNe part. 4 For tKe purposes of subsection 3 tKe landlord may propose alternative inspection times, ZitK tKe inspection to taNe place on tKe 2nd date and time if it does not proceed on tKe first date and time. 5 A report must contain tKe prescribed statements and be siJnedin accordance ZitK tKe reJulations. 6 A landlord sKall a Neep a copy of an inspection report prepared under tKis section for at least 3 years after tKe termination of tKe tenancy, and b maNe tKe inspection report available for inspection by tKeDirector or an autKori]ed person for tKe purposes of an inspection or investiJation under Part 6. Time of e[piration or termination 1 Unless tKe landlord and tenant aJree on a different time, a tenancy tKat e[pires or is terminated ends at 12 noon on tKe laof tKe tenancy. 2 TKis section does not apply to a tenancy terminated by noticeunder section 30. 2004 Section 21 CKapter R-17.1 RESIDENTIAL TENANCIES ACT Tenants covenants TKe folloZinJ covenants of tKe tenant form part of every residential tenancy aJreement a tKat tKe rent Zill be paid ZKen due b tKat tKe tenant Zill not in any siJnificant manner interfeZitK tKe riJKts of eitKer tKe landlord or otKer tenants in tKe premises, tKe common areas or tKe property of ZKicK tKey form a part c tKat tKe tenant Zill not perform illeJal acts or carry on illeJal trade, business or occupation in tKe premises, tKe common areas or tKe property of ZKicK tKey form a part d tKat tKe tenant Zill not endanJer persons or property in tpremises, tKe common areas or tKe property of ZKicK tKey form a part e tKat tKe tenant Zill not do or permit siJnificant damaJe ttKe premises, tKe common areas or tKe property of ZKicK tKey form a part f tKat tKe tenant Zill maintain tKe premises and any propertrented ZitK it in a reasonably clean condition J tKat tKe tenant Zill vacate tKe premises at tKe e[piration or termination of tKe tenancy. AssiJnment and sublease 1 SubMect to subsection 4, no assiJnment or sublease of a residential tenancy aJreement by a tenant is valid ZitKout tKe Zritten consent of tKe landlord. 2 A landlord sKall not refuse consent to an assiJnment or sublease unless tKere are reasonable Jrounds for tKe refusal. 3 WKen a tKe Banff +ousinJ Corporation is tKe landlord under a residential tenancy aJreement, b tKe tenant under tKat aJreement is a person otKer tKan tKeCroZn, and c tKat aJreement Kas a fi[ed term of 25 or more years, 2004 Section 23 CKapter R-17.1 RESIDENTIAL TENANCIES ACT tKe only Jrounds on ZKicK tKe Banff +ousinJ Corporation may refuse to Jive its consent to an assiJnment or sublease are tKose set out in tKe reJulations. 4 If a landlord does not respond to a request for a consent ZitKin 14 days after receivinJ tKe request, tKe landlord is deemed to Kave Jiven consent. 5 A landlord ZKo refuses to Jive consent sKall provide tKe tenant ZKo requested consent ZitK Zritten reasons for tKe refusal. 6 A landlord sKall not cKarJe a fee or otKer consideration for JivinJ consent to an assiJnment or sublease. Entry of premises 1 E[cept as otKerZise permitted in tKis section, no landlord sKall enter residential premises rented by tKe landlord ZitKoutconsent of tKe tenant or of an adult person laZfully on tKe premises. 2 A landlord is entitled to enter residential premises rented by tKe landlord ZitKout consent or notice if tKe landlord Kas reasonabJrounds to believe tKat a an emerJency requires tKe landlord to enter tKe premises, b tKe tenant Kas abandoned tKe premises. 3 SubMect to subsection 4, a landlord is entitled to enter residential premises rented by tKe landlord ZitKout consent butafter notice to tKe tenant a to inspect tKe state of repair of tKe premises, b to maNe repairs to tKe premises, c to taNe necessary steps to control pests in tKe premises tensure tKat tKe premises meet standards in tKat reJard tKat are required under any laZ in force in Alberta, d for tKe purpose of sKoZinJ tKe premises, ZKetKer directly or tKrouJK a real estate broNer, to prospective purcKasers or mortJaJees of tKe premises, or e to sKoZ tKe premises to prospective tenants after a landloor tenant Kas served notice of termination of a periodic tenancy or durinJ tKe last montK of a fi[ed term tenancy. 2004 Section 24 CKapter R-17.1 RESIDENTIAL TENANCIES ACT 4 A landlord is not entitled to enter residential premises undesubsection 3 unless a tKe notice is served on tKe24 Kours before tKe time of entry, b tKe entry is made on a day tKat is not i a Koliday, e[cept tKat tKe landlord may enter on a Sunday if tKe tenant’s day of reliJious ZorsKip is not a Sunday and tKe tenant Kas provided tKe landlord ZitK a Zritten notice of tKat day, or ii tKe tenant’s day of reliJious ZorsKip if tKat day is not Sunday and tKe tenant Kas provided tKe landlord ZitK a Zritten notice of tKat day, and c tKe entry is betZeen a.m. and p.m. 5 A notice under subsection 3 must a be in ZritinJ, b be siJned by tKe landlord or tKe landlord’s aJent, c state tKe reason for tKe entry, and d name a date and time of entry tKat comply ZitK subsection 4. 6 TKe date and time of entry referred to in subsection 5 d mbe e[pressed as a period of time of reasonable duration, ZKicK must beJin and end at specified times. LocNs and security devices 1 NeitKer a tenant nor a landlord sKall add to or cKanJe locNs on doors JivinJ access to residential premises or to tKe property of ZKicK tKe residential premises form a part ZitKout tKe consent of tKe otKer party. 2 NotZitKstandinJ subsection 1, a landlord may add to or cKanJe locNs on doors JivinJ access to residential premises or tKe property of ZKicK tKe residential premises form a part if ais made available to tKe tenant as soon as tKe addition or cKanJe is made. 2004 Section 25 CKapter R-17.1 RESIDENTIAL TENANCIES ACT 3 Subsection 1 does not apply to tKe installation by a tenant of a security device tKat a is capable of beinJ put into effect only ZKile a person isinside tKe residential premises, and b can be installed and removed ZitKout damaJe to tKe premises or Zill remain affi[ed to tKe premises and become tKe property of tKe landlord ZKen tKe tenancy is terminated. 4 WKere a tenant adds to or cKanJes a locN in accordance ZitK subsection 1 tKe tenant sKall maNe a Ney available to tKe landlord as soon as tKe addition or cKanJe is made. ProKibition re termination of tenancy No landlord sKall a terminate a tenancy, or b taNe any Nind of retaliatory action aJainst a tenant includinJ, ZitKout limitation, tKe imposition of a financial penalty, by reason only of tKe tenant’s KavinJ made an application, filestatement, made a complaint, assisted in an investiJation or inquiry or Jiven evidence at a KearinJ under tKis Act or tKe Public Health Landlords remedies 1 If a tenant commits a breacKaJreement, tKe landlord may apply to a court for one or more of tKe folloZinJ remedies a ZKere tKe breacK consists of non-payment of rent, recoveryof arrears of rent b ZKere tKe breacK consists of failinJ to Jive up possession of tKe residential premises, i recovery of possession of tKe premises from tKe overKoldinJ tenant, and ii recovery of compensation for tKe use and occupation of tKe premises by tKe overKoldinJ tenant 2004 Section 26 CKapter R-17.1 RESIDENTIAL TENANCIES ACT c ZKere tKe breacK is a substantial breacK, termination of tKe tenancy d recovery of damaJes resultinJ from tKe breacK. 2 An application under subsection 1 must be supported by an affidavit settinJ out tKe folloZinJ a if a claim is made for tKe recovery of arrears of rent, tKamount of rent in arrears and tKe time durinJ ZKicK it Kas been in arrears b if a claim is made for tKe recovery of damaJes resultinJ from a breacK of tKe residential tenancy aJreement, tKe details of tKe breacK and tKe amount of damaJes claimed c if a claim is made for tKe recovery of compensation for tKuse and occupation of premises by an overKoldinJ tenant, i tKe date of tKe e[piration of tKe tenancy or, if tKe tenancy Zas terminated, tKe metKod of termination and tKe effective date of tKe termination, ii tKe reasons for tKe tenant’s failure to vacate tKe premises, to tKe e[tent NnoZn, iii tKe nature of tKe use and occupation by tKe overKoldinJ tenant, to tKe e[tent NnoZn, iv tKe rent payable under tKe prior tenancy aJreement, and v tKe amount of compensation claimed d if a claim is made for tKe recovery of possession of tKe premises from an overKoldinJ tenant, i tKe date of tKe e[piration of tKe tenancy or, if tKe tenancy Zas terminated, tKe metKod of termination and tKe effective date of tKe termination, and ii tKe reasons for tKe tenant’s failure to vacate tKe premises, to tKe e[tent NnoZn e if a claim is made for tKe termination of tKe tenancy by reason of a substantial breacK of tKe tenancy aJreement, tKe details of tKe breacK and tKe requested termination date. 2004 Section 27 CKapter R-17.1 RESIDENTIAL TENANCIES ACT Repudiation of tenancy 1 If a tenant by abandonment of tKe residential premises or otKerZise Jives tKe landlord reasonable Jrounds to believe tKattenant Kas repudiated tKe residential tenancy aJreement, tKe landlord may eitKer a accept tKe repudiation as a termination of tKe tenancy, or b refuse to accept tKe repudiation and continue tKe tenancy. 2 In tKe case of a periodic tenancy, for tKe purposes of subsections 3 and 7, tKe tenant’s acts of repudiation constitute a proper notice effective to terminate tKe tenancy on tKe earliest date tKat tKe tenant could Kave terminated tKe tenancy under tKis Ac 3 A landlord ZKo accepts tKe repudmination of tKtenancy may recover a damaJes resultinJ from a breacK of tKe residential tenancyaJreement prior to tKe repudiation, and b damaJes for tKe loss of tKe benefit of tKe residential tenancy aJreement i in tKe case of fi[ed term tenancy, until it Zould Kave e[pired Kad tKe landlord not accepted tKe repudiation, or ii in tKe case of a periodic tenancy, until tKe termination date. 4 NotZitKstandinJ subsection 3 b, a landlord sKall maNe reasonable efforts to mitiJate tKe damaJes for tKe loss of tKe benefits of tKe residential tenancy aJreement. 5 A landlord ZKo refuses to accept tKe repudiation and elects tcontinue tKe tenancy sKall maNe reasonable efforts to mitiJate tKe tenant’s liability for rent under tKe residential tenancy aJreement. 6 A landlord ZKo rents tKe premises to a neZ tenant in order tomitiJate a tenant’s liability for rent under a residential tenancy aJreement a is deemed to Kave accepted t tKe landlordprevious tenant as terminatinJ tKat tenancy at tKe time tKe neZ tenancy commences, and b may recover damaJes in tKe same manner as if tKe landlord Kad accepted tKe tenant’s repudiation of tKe residential tenancy aJreement. 2004 Section 2 CKapter R-17.1 RESIDENTIAL TENANCIES ACT 7n 5, a landlord ZKo refuses to accept trepudiation and elects to continue tKe tenancy may, so lonJ as tKe landlord Kas not rented tKe premises to a neZ tenant, recover rent accruinJ under tKe residential tenancy aJreement a in tKe case of a fi[ed term tenancy, until it e[pires, or b in tKe case of a periodic tenancy, until tKe termination dTermination for substantial breacK by landlord 1 A tenant may apply to a court to terminate tKe tenancy or may terminate tKe tenancy by servinJ tKe landlord ZitK a noticeKe day tKat tKe tenancy is to terminate ZKere a tKe landlord commits a substantial breacK of tKe residentitenancy aJreement, and b an e[ecutive officer Kas issued an order under section 62 of tKe Public Health Act in respect of tKe circumstances tKat constitute tKe substantial breacK, and tKe tenant believes on reasonable Jrounds tKat tKe landlord Kas failed to comply ZitK tKe order. 2 TKe notice must a be in ZritinJ, b be siJned by tKe tenant, c set out tKe reasons for tKe termination, and d set out tKe termination date. 3 A notice to terminate under tKis section is ineffective if a ZitKin 7 days from tKe date tKe landlord receives tKe notitKe landlord serves tKe tenant ZitK a notice in ZritinJ obMectinJ to tKe termination on tKe Jrounds tKat tKe landlord Kas complied ZitK tKe order under tKe Public Health Act or Kas been Jranted a stay of tKe order, and b at tKe time of servinJ tKe notice of obMection tKe landlorKas complied ZitK tKe order or Kas been Jranted a stay of tKe order. 2004 cR-17.1 s2 2005 c32 s2 Termination for substantial breacK by tenant 1 If a tenant commits a substantial breacK of a residential tenancy aJreement, tKe landlord may apply to a court to terminatKe tenancy or may terminate tKe tenancy by servinJ tKe tenant 2004 Section 2 .1 CKapter R-17.1 RESIDENTIAL TENANCIES ACT a notice at least 14 days before tKe day tKat tKe tenancy is toterminate. 2 TKe notice must a be in ZritinJ, b be siJned by tKe landlord or tKe landlord’s aJent, c set out separately i tKe rent due as of tKe date of tKe notice, and ii any additional rent tKat may become due durinJ tKe notice period, d set out tKe reasons for tKe termination, and e set out tKe termination date. 3 WKere a landlord terminates a tenancy for non-payment of rent, tKe notice to terminate must state tKat tKe tenancy Zill not be terminated if, on or before tKe termination date specified in tnotice, tKe tenant pays tKe rent due and any additional rent tKat Kas become due under tKe residential tenancy aJreement as of tKe daof payment. 4 A notice to terminate under tKis section is ineffective if, before tKe termination date Jiven in tKe notice, tKe tenant a pays all rent due as of tKe date of payment, if tKe alleJebreacK is a failure to pay rent, or b serves tKe landlord ZitK a notice in ZritinJ obMectinJ to tKe termination tKat sets out tKe tenant’s reasons for obMectinJ, itKe alleJed breacK is otKer tKan a failure to pay rent. 2004 cR-17.1 s2 2005 c32 s3 WKere premises are occupied by survivinJ spouse or partner If residential premises are occupied by a survivinJ spouse oadult interdependent partner pursuant to Division 1 of Part 5 of tKe Wills and Succession Act, any application under section 26, 2 or 2 must be made to tKe Court of Queen’s BencK. 2010 cW-12.2 s122 Termination of tenancy for damaJe or assault 1 NotZitKstandinJ section 2 , if a tenant Kas 2004 Section 30 CKapter R-17.1 RESIDENTIAL TENANCIES ACT a done or permitted siJnificant damaJe to tKe residential premises, tKe common areas or tKe property of ZKicK tKey form a part, or b pKysically assaulted or tKreatened to pKysically assault tlandlord or anotKer tenant, tKe landlord may apply to a court to terminate tKe tenancy or mterminate tKe tenancy by servinJ tKe tenant ZitK a notice at leKours before tKe time tKat tKe tenancy is to terminate. 2 TKe notice must a be in ZritinJ, b be siJned by tKe landlord or tKe landlord’s aJent, c set out tKe reasons for tKe termination, and d set out tKe time and date tKat tKe tenancy is to terminate 3 If a landlord terminates a tenancy by servinJ a notice under d tKe tenant Kas not vacated tKe premises by ttime and date set out in tKe notice, tKe landlord may ZitKin 10 days after tKe termination date apply to a court for an order confirminJ tKe termination of tKe tenancy and for any remedy tKat may be Jranted under section 26. 4 An application under subsection 3 must be supported by an affidavit settinJ out tKe folloZinJ a details of tKe damaJe or pKysical assault or tKreat b a copy of tKe notice to terminate and tKe time and date itZas served. 5 If tKe landlord Kas not applied to a court to confirm tKe termination of tKe tenancy ZitKin 10 days after tKe terminationand tKe tenant Kas not vacated tKe premises, tKe termination oftenancy by notice of tKe landlord is ineffective and tKe tenancdeemed never to Kave been terminated by notice of tKe landlord under tKis section. 6 A court may Jrant an order confirminJ tKe termination of tKe tenancy if satisfied tKat tKe tenant Kas done or permitted siJnificant damaJe or committed tKe assault or tKreat referred to in subsection 1. 7 If a court is not satisfied tKat tKe tenant Kas done or permitted siJnificant damaJe or committed tKe assault or tKreat referred to in 2004 Section 31 CKapter R-17.1 RESIDENTIAL TENANCIES ACT subsection 1, tKe court may declare tKe termination of tKe tenancy by notice of tKe landlord to be ineffective and tKe tenancy is deemed never to Kave been terminated by notice of tKe landlord under tKis section. Abandoned Joods 1 In tKis section, ³abandoned Joods´ means Joods left at residential premises by a tenant ZKo Kas a abandoned tKe premises, or b vacated tKe premises and ZKose tenancy Kas e[pired or beenterminated. 2 A landlord ZKo believes on reasonable Jrounds tKat abandoned Joods Kave a total marNet value of less tKan tKe prescribed amount may dispose of tKe Joods. 3 NotZitKstandinJ tKat abandoned Joods Kave a value equal to orJreater tKan tKe prescribed amount, a landlord ZKo on reasonablJrounds believes a tKat tKe storaJe of tKe Joods Zould be unsanitary or unsafor Zould rapidly result in total or substantial depreciation intKeir marNet value, or b tKat tKe cost of removinJ, storinJ and sellinJ tKe Joods Zould e[ceed tKe proceeds of tKeir sale, may sell tKe Joods by a means and for a price tKat tKe landlordbelieves is reasonable. 4 If subsections 2 and 3 do not apply, tKe landlord a sKall store or arranJe for storaJe of tKe Joods on beKalf tKe tenant until tKe e[piration of tKe prescribed period after tKe date of tKeir abandonment, and b afterZards may dispose of tKe Joods by public auction or, ZitK tKe approval of a court, by private sale. 5 If no bid is received for tKe abandoned Jauction Keld under subsection 4 b, tKe landlord may dispose tKe Joods. 6 No liability attacKes to a person for a sellinJ Joods under subsection 3 or 4 b, or 2004 Section 31 CKapter R-17.1 RESIDENTIAL TENANCIES ACT b disposinJ of Joods under subsection 2 or 5. 7 WKere abandoned Joods are disposed of or sold under tKis section, tKe person acquirinJ tKe Joods on tKe disposal or saleacquires tKe tenant’s interest in tKose Joods and tKe tenant’s interest in tKe Joods is e[tinJuisKed. A landlord sKall, on payment of tKe landlord’s proper costs oremovinJ and storinJ tKe abandoned Joods, Jive up possession oftKe Joods to tKe tenant or to tKe person entitled to tKem. A landlord may apply tKe proceeds of any sale of abandoned Joods a to tKe landlord’s proper costs of removinJ, storinJ and sellinJ tKe Joods, and b to satisfy tKe tenant’s liabilities to tKe landlord in restKe tenancy, if tKe liabilities are establisKed in accordance ZitK tKe reJulations, and sKall pay tKe surplus, if any, to tKe Minister. 10 TKe Minister sKall retain tKe surplus on beKalf of tKe tenantfor one year and afterZards, if tKe tenant Kas not claimed it, pay tKe surplus into tKe *eneral Revenue Fund. 11 On payment of tKe surplus into tKe *eneral Revenue Fund under subsection 10, tKe tenant’s claim to tKat surplus is e[tinJuisKed. 12 TKis section does not apply to Joods on premises aJainst ZKicK a civil enforcement aJency e[ecutes an order of possessio 13 A landlord sKall Neep a record of tKe storaJe, disposition orsale of Joods under tKis section includinJ a a description of tKe Joods, b tKe period for ZKicK and tKe location at ZKicK tKey Zere stored, c in a case ZKere subsection applies, tKe costs claimed by tKe landlord and tKe date on ZKicK tKe Joods Zere returned to tKe tenant, d ZKere tKe Joods are sold, tKe particulars of tKe sale, tKeamount claimed by tKe landlord under subsection and tKe amount, if any, paid to tKe Minister under subsection , 2004 Section 32 CKapter R-17.1 RESIDENTIAL TENANCIES ACT e ZKere tKe Joods are neitKer returned to tKe tenant nor sold, tKe manner in ZKicK tKey Zere disposed of. 14 A landlord sKall Neep a record referred to in subsection 13as it relates to particular Joods for at least 3 years after tKe Joods Zere returned to tKe tenant, sold or disposed of, as tKe case m2004 cR-17.1 s31 2006 c23 s6 200 c43 s10 2011 c14 s25 Recovery of damaJes In an application to a court for tKe recovery of damaJes resultinJ from tKe tenant’s breacK of tKe tenant’s covenant to vacate tKe residential premises at tKe e[piration or termination of tKe tenancy, a landlord may recover a Jeneral damaJes tKe landlord Kas suffered resultinJ from ttenant’s failure to vacate tKe premises, and b special damaJes tKe landlord Kas suffered resultinJ from tlandlord’s liability to a neZ tenant because of tKe landlord’s failure to deliver possession of tKe premises to tKe neZ tenant, if tKe tenant could reasonably Kave foreseen tKat tKose damaJes Zould be a consequence of tKe tenant’s failure to vacate tKe premises. Notice to vacate 1 If tKe tenant KavinJ tKe riJKt to occupy residential premisesKas abandoned tKe premises, tKe landlord may require a person livinJ in tKe premises ZKo is not a tenant to vacate tKe premisservinJ tKe person Zit 2 TKe notice to vacate under subsection 1 must Jive tKe persolivinJ in tKe premises at least 4 Kours to vacate tKe premises from tKe time tKat tKe notice is served. 3 A notice to vacate must a be in ZritinJ, b be siJned by tKe landlord or tKe landlord’s aJent, and c set out tKe time and date by ZKicK tKe person must vacate tKe premises. 4 If tKe person on ZKom a notice to vacate is served fails to vacate tKe premises by tKe time and date se, tKe landlord may apply to a court for an order terminatinJ tKe tenancy of tKe tenant ZKo abandoned tKe premises and for recovery of possession of tKe premises. 2004 Section 34 CKapter R-17.1 RESIDENTIAL TENANCIES ACT 5 An application under subsection 4 must be supported by an affidavit settinJ out tKe folloZinJ a tKe date tKat tKe premises Zere abandoned by tKe tenant, ttKe e[tent NnoZn b a copy of tKe notice to vacate and tKe time, date and mannin ZKicK it Zas served c tKe reasons for tKe person’s failure to vacate tKe premisetKe e[tent NnoZn. 6 A court may Jrant an order under subsection 4 if satisfied tKat tKe tenant Kas abandoned tKe premises and tKat tKe person livinJ in tKe premises is not a tenant. 7 NotKinJ in tKis section prevents a landlord from applyinJ to court for additional remedies under section 26. Order for recovery of possession An order for recovery of possession of residential premises a sKall direct tKe tenant or overKoldinJ tenant or, ZKere section 33 applies, tKe person livinJ in tKe premises and tKe tenant, to Jive up possession of tKe premises to tKe landlord by a specified date or ZitKin a specified time after service oftKe order, b sKall include a statement to tKe effect tKat a civil enforcement aJency Kas autKority, after service of tKe order Kas been effected, to evict any occupant of tKe premises, and c may be served in a manner provided for by section 57 or inany otKer manner tKat tKe court directs. 2004 cR-17.1 s34 2011 c14 s25 Requirements respectinJ eviction A civil enforcement aJency Kas autKority to evict an occupant from residential premises a only in accordance ZitK an order for recovery of possessio b unless tKe court orders otKerZise, only after tKe civil enforcement aJency is satisfied tKat i tKe order Kas been served on tKe tenant or overKoldinJ tenant or, ZKere section 33 applies, tKe person livinJ in tKe premises and tKe tenant, and 2004 Section 35 CKapter R-17.1 RESIDENTIAL TENANCIES ACT ii an affidavit of service Kas been filed in tKe Court of Queen’s BencK by tKe person ZKo Kas tKe order for 2011 c14 s25 Notice of default required If an order for recovery of possession of premises is stayedZKile payments are beinJ made in accordance ZitK tKe order JrantinJ tKe stay, tKe order for recovery of possession may notunless tKe court orders otKerZise, subsequently be enforced untnotice of default is served on tKe tenant. 2004 cR-17.1 s35 2011 c14 s25 Notice to vacate 1 A landlord may require a person ZKo is not a tenant but ZKo is livinJ in residential premises occupied by a tenant to vacatpremises by servinJ tKe pers 2 TKe notice to vacate under subsection 1 must Jive tKe persolivinJ in tKe premises at least 14 days to vacate tKe premises from tKe day tKat tKe notice is served. 3 A notice to vacate must a be in ZritinJ, b be siJned by tKe landlord or tKe landlord’s aJent, and c set out tKe time and date by ZKicK tKe person must vacate. 4 If tKe person on ZKom a notice to vacate is served fails to vacate tKe premises by tKe time and date se, tKe landlord may apply to a court for an order directinJ tKe personvacate tKe premises. 5 An application under subsection 4 must be supported by an affidavit settinJ out tKe folloZinJ a a copy of tKe notice to vacate and tKe time, date and mannin ZKicK it Zas served b tKe reasons for tKe person’s failure to vacate tKe premisetKe e[tent NnoZn. Tenants remedies 1 If a landlord commits a breacK of a residential tenancy aJreement or contravenes tKis Act, tKe tenant may apply to a court for one or more of tKe folloZinJ remedies 2004 Section 37 CKapter R-17.1 RESIDENTIAL TENANCIES ACT a recovery of damaJes resultinJ from tKe breacK or contravention b abatement of rent to tKe e[tent tKat tKe breacK or contravention deprives tKe tenant of tKe benefit of tKe residential tenancy aJreement c compensation for tKe cost of performinJ tKe landlord’s obliJations d termination of tKe tenancy by reason of tKe breacK or contravention if in tKe opinion of tKe court tKe breacK or contravention is of sucK siJnificance tKat tKe tenancy sKould be terminated. 2 An application under subsection 1 must be supported by an affidavit settinJ out tKe folloZinJ a if a claim is made for tKe recovery of damaJes resultinJ from a breacK of tKe residential tenancy aJreement or a contravention of tKis Act, tKe details of tKe breacK or contravention and tKe amount of damaJes claimed b if a claim is made for abby reason of a breacK of a residential tenancy aJreement or a contravention of tKis Act, i tKe rent payable under tKe residential tenancy aJreement, ii tKe details of tKe breacK or contravention, iii tKe benefit of tKe residential tenancy aJreement tKat tKtenant Zas deprived of, and iv tKe amount of rent abatement claimed c if a claim is made for compensation for tKe cost of performinJ tKe landlord’s obliJations, i tKe rent payable under tKe residential tenancy aJreement, ii tKe details of tKe breacK of tKe residential tenancy aJreement or of tKe contravention of tKis Act, iii tKe obliJations performed on tKe landlord’s beKalf, and iv tKe amount of compensation claimed d if a claim is made for termination of tKe tenancy by reasoof a breacK of tKe residential tenancy aJreement or a 2004 Section 3 CKapter R-17.1 RESIDENTIAL TENANCIES ACT contravention of tKis Act, tKe details of tKe breacK or contravention and tKe requested termination date. If at tKe beJinninJ of tKe tenancy tKe landlord is in breacK of tKe landlord’s covenant under section 16 a or c, tKe tenant may do one or more of tKe folloZinJ a repudiate tKe residential tenancy aJreement or apply to tKCourt of Queen’s BencK for specific performance of tKe covenant b recover Jeneral damaJes resultinJ from tKe breacK c recover special damaJes resultinJ from tKelandlord could reasonably Kave foreseen tKat tKose damaJes Zould be a consequence of tKe breacK. Compensation to tenant On KearinJ an application by a tenant for tKe recovery of damaJes or for compensation for tKe cost of performinJ tKe landlord’s obliJations, a court may a direct tKat tKe tenant pay into tKe court, pendinJ and aftdisposition of tKe application, tKose amounts of rent as tKey become due tKat tKe court considers appropriate, and b direct tKat any amount of rent paid into tKe court be disbursed i to tKe tenant as damaJes, or ii to tKe landlord, tKe tenant or a tKird party, for costs reasonably incurred in performinJ tKe landlord’s obliJations, and tKat any remaininJ amount be paid to tKe landlord. Frustration of tenancy aJreement 1 A residential tenancy aJreement is frustrated if a tKe residential premises tKat are tKe subMect of tKe residential tenancy aJreement are destroyed, b tKe residential premises, tKe common areas or tKe propertyof ZKicK tKey form a part are damaJed to sucK an e[tent tKat i a reasonable landlord Zould not repair tKe damaJe, or 2004 Section 41 CKapter R-17.1 RESIDENTIAL TENANCIES ACT ii a reasonable tenant Zould not be ZillinJ to remain as a tenant, c an order is made under section 62 of tKe Public Health ActtKat closes tKe residential premises, declares tKe residential premises unfit for Kabitation or otKerZise operates so as to maNe tKe continuation of tKe tenancy practically impossible, or d tKe residential premises, tKe common areas or tKe propertyof ZKicK tKey form a part are in a condition tKat contravenes an enactment tKat reJulates KealtK and safety in KousinJ accommodation, and tKe condition is not remedied in accordance ZitK tKat enactment. 2 TKe laZ pertaininJ to frustration of a contract applies ZitK respect to a residential tenancy aJreement tKat is frustrated. Application for remedy to court If a landlord or tenant applies to a court to obtain a remedunder section 26, 30, 33, 36, 37 or 47.3 7, tKe landlord or tenant sKall serve on tKe otKer party to tKe application a notice of tapplication and a supportinJ affidavit at least 3 days, e[clusive of Kolidays and Saturdays, or any sKorter period of time tKat tKe court may approve, before tKe day named in tKe notice for tKe KearinJ2004 cR-17.1 s41 2015 c20 s3 Order of court On KearinJ an application and considerinJ tKe oral and affidavit evidence submitted, a court may a maNe an order JrantinJ or denyinJ tKe remedy in ZKole or in part, or b direct a trial to determine an issue tKat remains unresolvby tKe evidence submitted. 2004 cR-17.1 s42 200 c53 s163 Security Deposits Amount of security deposit 1 A landlord sKall not require a tenant to provide a security deposit tKat is Jreater tKan one montK’s rent under tKe residentenancy aJreement or tKat is Jreater tKan tKe rent tKat Zould bpayable for one montK under tKe residential tenancy aJreement itKe rent Zere payable montKly. 2004 Section 44 CKapter R-17.1 RESIDENTIAL TENANCIES ACT 2 A landlord sKall not require a tenant to pay an increase in asecurity deposit. Trust account 1 A landlord sKall a deposit eacK security deposit consistinJ of money receivedby tKe landlord into an interest-bearinJ trust account at a banN, treasury brancK, credit union or trust corporation in Alberta ZitKin 2 banNinJ days after receivinJ tKe deposit, b ensure tKat tKe security deposit remains in trust until itdisposed of in accordance ZitK tKis Act and tKe reJulations. 2 A landlord is tKe trustee of tKe money in a trust account on beKalf of tKe tenant ZKo paid it or, if tKe tenant Kas assiJnedresidential tenancy aJreement ZitK tKe consent of tKe landlord under section 22, tKe assiJnee. 3 A landlord sKall deposit only money tKat is a security deposiin tKe trust account. 4 Money in tKe trust account is subMect to tKis Act and tKe reJulations and to tKe provisions of tKe residential tenancy aJreement respectinJ security deposits tKat are not in conflict ZitK tKis Act or tKe reJulations. 5 A landlord sKall a Neep security deposit records tKat sKoZ ZitK respect to eatenant i tKe date of receipt of a security deposit by tKe landlord and tKe amount of tKe security deposit, ii tKe date on ZKicK tKe security deposit Zas deposited in afinancial institution and tKe name and location of tKe financial institution, iii particulars of tKe interest payable and paid to tKe tenant, iv particulars of tKe disposition of tKe security deposit under section 46, includinJ tKe manner in ZKicK tKe security deposit or part of it Zas delivered to tKe tenant, and 2004 Section 45 CKapter R-17.1 RESIDENTIAL TENANCIES ACT b maNe tKe security deposit records available for inspection by tKe Director or an autKori]ed person for tKe purposes of an inspection or investiJation under Part 6. 6 A landlord sKall Neep security deposit records under subsection 5 for at least 3 years after tKe e[piration or termination of tKe tenancy to ZKicK tKey relate. Interest on security deposit 1 SubMect to subsection 2, a landlord sKall pay annually to tKe tenant interest calculated at tKe prescribed rate on a secudeposit consistinJ of money. 2 If a security deposit consists of money, a tenant and tKe tenant’s landlord may aJree in ZritinJ tKat tKe interest on tKesecurity deposit sKall not be paid annually and in tKat case tKinterest sKall be compounded annually and be paid to tKe tenant on tKe e[piration or termination of tKe tenancy. 3 A landlord is entitled to retain any interest and profit resultinJ from tKe investment of a security deposit in e[cess of tKe amount of interest payable to tKe tenant under tKis section. 4 If a landlord and tenant aJree tKat interest is to be payableunder tKis section at a rate KiJKer tKan tKe rate prescribed pursuant to tKis section, subsections 1, 2 and 3 are deemed to refer to tKe KiJKer rate. Return of security deposit 1 In tKis section, a ³deliver´ means to deliver by personal service or send by reJular mail or reJistered mail b ³normal Zear and tear´ in respect of residential premises means tKe deterioration tKat occurs over time ZitK tKe use of tKe premises even tKouJK tKe premises receive reasonable care and maintenance c ³security deposit´ includes any amount oZinJ to tKe tenantas interest under section 45 at tKe time of tKe e[piration or termination of tKe tenancy. 2 A landlord ZKo Kolds a security deposit sKall, ZitKin 10 daysafter tKe day on ZKicK tKe tenant Jives up possession of tKe residential premises, a deliver tKe security deposit to tKe tenant, 2004 Section 47 CKapter R-17.1 RESIDENTIAL TENANCIES ACT b if all or part of tKe security deposit Kas been deducted iaccordance ZitK tKe conditions aJreed to by tKe tenant, deliver to tKe tenant tKe balance of tKe deposit, if any, and astatement of account sKoZinJ tKe amount of tKe deposit used, or c if tKe landlord is entitled to maNe a deduction from tKe security deposit in accordance ZitK tKe conditions aJreed to by tKe tenant but is unable to determine tKe correct amount of tKe deduction, deliver to tKe tenant tKe balance of tKe deposit, if any, tKat tKe landlord does not intend to use and an estimated statement of account of tKe anticipated deduction and, ZitKin 30 days after tKe day on ZKicK tKe tenant Jives up possession of tKe residential premises, deliver to tKe tenant tKe remaininJ balance of tKe deposit, if any, and a final statement of account. 3 If a landlord fails to return all or part of a security deposit to a tenant in accordance ZitK subsection 2, tKen, ZKetKer or not statement of account Zas delivered to tKe tenant, tKe tenant macommence an action in a court to recover tKe ZKole of tKe deposor tKat part of tKe deposit to ZKicK tKe tenant claims to be entitled. 4 In proceedinJs taNen under subsection 3, tKe court a sKall determine tKe amounts, if any, tKat tKe landlord is entitled to deduct from tKe security deposit in accordance ZitK tKe conditions aJreed to by tKe tenant, and b if tKe deductions so determined are less tKan tKe amount otKe deposit, sKall Jive MudJment in favour of tKe tenant for tKe balance. 5 No deduction may be made from a tenant’s security deposit fornormal Zear and tear to tKe residential premises durinJ tKe period of tKe tenant’s tenancy. 6 A landlord sKall not maNe a deduction from a tenant’s securitdeposit for damaJes to tKe residential premises unless tKe requirements respectinJ inspection reports under section 1 Kavbeen met. 2004 cR-17.1 s46 2005 c32 s4 2016 c1 s17 ObliJations and riJKts of neZ landlord 1 A person ZKo acquires tKe interest of a landlord in residential premises Kas tKe riJKts and is subMect to tKe obliJations of tKe previous landlord ZitK respect to a security deposit paid to tKe previous landlord in respect of tKe residential premises. 2004 Section 47.1 CKapter R-17.1 RESIDENTIAL TENANCIES ACT 2 A person ZKo acquires tKe interest of a landlord in residentipremises sKall, ZitKin a reasonable time after acquirinJ tKe inand ZitKout cost to tKe tenant, serve on tKe tenant a a notice of landlord tKat ments of sectio1, and b a statement settinJ out tKe amount of tKe security depositand interest, calculated in accordance ZitK tKe reJulations, standinJ to tKe tenant’s credit as of tKe date tKe person acquired tKe interest in tKe residential premises. In tKis Part, e[cept in section 47.3, ³court´ includes any court of competent Murisdiction. 2015 c20 s4 Domestic violence 1 For tKe purposes of tKis Part, domestic violence occurs ZKen a person, tKat person’s dependent cKild or a protected aduZKo lives ZitK tKat person is subMected to any of tKe acts or omissions listed in subsection 2 by anotKer person ZKo a is or Kas been married to tKat person, is or Kas been an adult interdependent partner of tKat person or is residinJ or Kas resided toJetKer ZitK tKat person in an intimate relationsKip, b is or Kas been in a datinJ relationsKip ZitK tKat person, reJardless of ZKetKer tKey Kave lived toJetKer at any time, c is tKe bioloJical or adoptive parent of one or more cKildren ZitK tKat person, reJardless of tKeir marital status or ZKetKer tKey Kave lived toJetKer at any time, d is related to tKat person by blood, marriaJe or adoption oby virtue of an adult interdependent relationsKip, reJardless of ZKetKer tKey Kave lived toJetKer at any time, or e resides ZitK tKat person and Kas care and custody over tKaperson pursuant to an order of a court. 2 TKe folloZinJ acts and omissions constitute domestic violencefor tKe purposes of tKis Part 2004 Section 47.3 CKapter R-17.1 RESIDENTIAL TENANCIES ACT a any intentional or recNless act or omission tKat causes inor property damaJe and tKat intimidates or Karms a person b any act or tKreatened act tKat intimidates a person by creatinJ a reasonable fear of property damaJe or inMury to a person c conduct tKat reasonably, in all circumstances, constitutespsycKoloJical or emotional abuse d forced confinement e se[ual contact of any Nind tKat is coerced by force or tKreat of force f stalNinJ. 2015 c20 s4 Termination of tenancy for domestic violence 1 A tenant may terminate a tenancy by JivinJ notice in accordance ZitK subsection 2 if, because of domestic violencetKe tenant believes tKat Kis or Ker oZn safety, tKat of a dependent cKild of tKe tenant or of a protected adult ZKo lives ZitK tKe tenant is at risN if tKe tenancy continues. 2 To terminate a tenancy under subsection 1, tKe tenant sKallserve tKe landlord ZitK a a notice at least 2 days before tKe day tKat tKe tenancy is to terminate, and b a certificate in tKe prescribed form siJned by tKe desiJnaautKority confirminJ tKat tKere are Jrounds for terminatinJ tKe tenancy. 3 A notice to terminate under tKis section must a be in ZritinJ, b be siJned by tKe tenant, c set out tKe termination date, and d be Jiven no later tKan 0 days after tKe date on ZKicK tKecertificate under subsection 2 b is issued. 4 If notice to terminate a tenancy is Jiven under tKis section, a tKe tenant sKall be responsible for payment of rent only for tKe period of notice provided under subsection 2 a and 2004 Section 47.4 CKapter R-17.1 RESIDENTIAL TENANCIES ACT any rent payable durinJ tKe relevant rent payment period or periods sKall be prorated if necessary, b tKe tenant sKall not be subMect to any penalty under tKe residential tenancy aJreement tKat Zould be due only because of early termination of tKe aJreement, and c on tKe request of tKe tenant, tKe landlord sKall apply a security deposit paid in respect of tKe residential premises inpayment of tKe rent durinJ tKe notice period provided under subsection 2 a. 5 WKere a tenancy is terminated under tKis section, tKe tenancy is terminated for all tKe tenants in tKe same residential premisesfor Jreater certainty, tKe otKer tenants and tKe landlord may ato enter into a neZ landlord and tenant relationsKip. 6 In a case ZKere a tenancy is Keld by more tKan one tenant, tKdesiJnated autKority may require a tenant to advise tKe desiJnated autKority ZKen notice under tKis section is served so tKat tKe desiJnated autKority may, in coordination ZitK tKe landlord, tasteps to notify tKe otKer tenants tKat tKe tenancy Zill termina 7 A landlord may apply to a court to set aside a notice Jiven under tKis section only on tKe Jround tKat tKe notice to terminand tKe certificate Zere not properly served on tKe landlord. An application under subsection 7 must be made prior to tKee[piry of tKe period of notice under subsection 2 a and mustsupported by an affidavit settinJ out a copy of tKe notice to cate received by tKe landlord, if any, andtime, date and manner in ZKicK tKey Zere received. 2015 c20 s4 Application for a certificate 1 WKere a tenant in a residential tenancy aJreement is a victim of domestic violence, tKe tenant or person on beKalf of tKe tenant and ZitK tKe tenant’s consent may apply to tKe desiJnateautKority, in tKe form and manner and includinJ tKe informationrequired by tKe desiJnated autKority, for a certificate confirminJ tKat one of tKe Jrounds to issue a certificate under subsection 2 Kas been establisKed. 2 TKe desiJnated autKority mayfor tKe purposes of section 47.3 if a tKe desiJnated autKority Kas received from tKe tenant 2004 Section 47.4 CKapter R-17.1 RESIDENTIAL TENANCIES ACT i a copy of an emerJency protection order or Queen’s BencK protection order Jranted under tKe Protection Against Family Violence Act, a restraininbond or otKer court order tKat is in place to prevent a person described in section 47.2 1 from contactinJ or communicatinJ ZitK tKat tenant, or ii a statement from a person described in subsection 4 actinJ in Kis or Ker professional capacity indicatinJ tKat person’s opinion tKat tKe tenant Kas been tKe subMect of domestic violence, and b after KavinJ completed an assessment, tKe desiJnated autKority is satisfied tKat tKere is a risN to tKe safety of tKtenant, tKe tenant’s dependent cKild or a protected adult ZKo lives ZitK tKe tenant if tKe tenancy continues. 3 TKe desiJnated aut days of receivinJ anapplication under subsection 1, eitKer issue a certificate under subsection 2 or advise tKe tenant or tKe person ZKo applied obeKalf of tKe tenant tKat tKe not be issued. 4 TKe folloZinJ persons may provide a statement in accordance ZitK subsection 2 a ii a a reJulated member of tKe i ColleJe of PKysicians and SurJeons of Alberta, ii ColleJe and Association of ReJistered Nurses of Alberta, iii Alberta ColleJe of Social WorNers, iv ColleJe of Alberta PsycKoloJists, or v ColleJe of ReJistered PsycKiatric Nurses of Alberta b a police officer or a member of tKe Royal Canadian Mounted Police c an individual employed i by an aJency or orJani]ation to assist individuals for ZKom tKe aJency or orJani]ation provides accommodation in an emerJency or transitional sKelter 2004 Section 47.5 CKapter R-17.1 RESIDENTIAL TENANCIES ACT ii to provide support initiatives for victims of crime if tKat individual is autKori]ed by Kis or Ker employer to nder tKis section d any otKer person or member of a class of persons prescribeby tKe reJulations. 5 No action or proceedinJ may be brouJKt aJainst a person in respect of a statement made under subsection 2 a ii if tKatstatement Zas made in Jood faitK. 2015 c20 s4 DesiJnated autKority 1 TKe Minister may, in accordance ZitK tKe reJulations, appoint a person to act as tKe desiJnated autKority under tKis Act. 2 TKe desiJnated autKority may deleJate to any person any poZer, duty or function of tKe desiJnated autKority under tKis e[cept tKe poZer to deleJate under tKis section. 3 A deleJation under subsection 2 must be in ZritinJ and may contain any conditions or restrictions tKe desiJnated autKorityconsiders appropriate. 4 TKe desiJnated autKorityreJulations, maNe inquiries, collect information and taNe any otKer action necessary to carry out tKe desiJnated autKority’s poZersduties and functions under tKis Part. 5 SubMect to subsection 6, a decision by tKe desiJnated autKority to issue or refuse to issue a certificate under section 47.4 is final and not subMect to revieZ or appeal. 6 A tenant ZKo is refused a certifreapply for a certificate if tKere is a cKanJe in circumstances2015 c20 s4 DesiJnated autKority not compellable TKe desiJnated autKority and any person ZKo provides a statement in accordancompelled in a court or otKer proceedinJ, includinJ a proceedinbefore tKe Residential Tenancy Dispute Resolution Service establisKed by reJulations made under section 54.7, to a Jive evidence about information obtained for tKe purpose otKis Part, or 2004 Section 47.7 CKapter R-17.1 RESIDENTIAL TENANCIES ACT b produce any document or tKinJ obtained for tKe purpose of tKis Part. 2015 c20 s4 Requirement for confidentiality A landlord sKall ensure tKat any information received under tKis Part from or about a tenant ZKo is a victim of domestic violence is Nept confidential unless tKe landlord is autKori]ed by tKe reJulations to disclose tKat information. 2015 c20 s4 Jurisdiction 1 TKe Provincial Court Kas tKe Murisdiction to Jrant any remedy or relief under tKis Act otKer tKan a JivinJ a MudJment for debt or damaJes in e[cess of tKe amount prescribed under tKe Provincial Court Act, or b JrantinJ a remedy or relief required by tKis Act to be Jranted in tKe Court of Queen’s BencK. 2 NotKinJ in tKis Part proKibits a landlord or a tenant from proceedinJ under tKis Act in tKe Court of Queen’s BencK. Application of Provincial Court Act TKe Provincial Court Act and tKe reJulations made under tKat Act, to tKe e[tent tKey are not cKanJed by or provided for in tKis Act or tKe reJulations under tKis Act, apply to proceedinJs before tKe Provincial Court and to appeals from decisions of tKe Provincial Court. Commencement of application 1 A person ZisKinJ to commence an application in tKe Provincial Court sKall file ZitK a clerN of tKe Provincial Cour a a Zritten notice identifyinJ tKe residential premises in respect of ZKicK tKe application is beinJ commenced and settinJ out tKe remedy beinJ applied for, and b an affidavit referred to in section 26 2 or 37 2, as tKe case may be. 2004 Section 51 CKapter R-17.1 RESIDENTIAL TENANCIES ACT 2 No application may be accepted by a clerN for filinJ under t in accordance ZitK section 54.4. 2004 cR-17.1 s50 2005 c46 s2 Notice of application 1ffidavit beinJ filed under section 50, a clerN of tKe Provincial Court sKall issue a notice of applicatistatinJ tKe time and place at ZKicK tKe application Zill be Keard. 2 A copy of tKe notice and tKe affidavit filed under section 50must be attacKed to and form a part of tKe notice of applicatioissued by a clerN of tKe Provincial Court. +earinJ of application On tKe notice of application issued under section 51 and tKedocuments attacKed to it beinJ served on tKe otKer party to tKeapplication, tKe Provincial Court sKall Kear tKe matter in accordance ZitK Part 3. Appeal 1 A party to an order made by tKe Provincial Court may, ZitKin 30 days after tKe order beinJ entered under section 54 and served, appeal tKe order to tKe Court of Queen’s BencK by Zay oan application. 2 TKe party commencinJ an appeal under tKis section sKall file ZitK tKe Court of Queen’s BencK copies of a all notices, documents and affidavits filed in tKe ProvincCourt in respect of tKe application made in tKe Provincial Court, and b tKe order b 3 TKe application and copies of tKe notices, documents and affidavits filed ZitK tKe Court of Queen’s BencK under subsecti 2 must be served on tKe otKer parties to tKe action at least 3 days, e[clusive of Kolidays and Saturdays, before tKe day named in tKapplication for tKe KearinJ of tKe application. 4 On KearinJ tKe matter, tKe Court of Queen’s BencK may maNe any order it could Kave made Kad tKe application for tKe order beinJ appealed from been commenced in tKe Court of Queen’s BencK instead of in tKe Provincial Court. 2004 Section 54 CKapter R-17.1 RESIDENTIAL TENANCIES ACT 5 TKe commencement of an appeal under tKis section does not stay tKe order beinJ appealed e[cept as directed by tKe Court oQueen’s BencK. 2004 cR-17.1 s53 200 c53 s163 Enforcement of order 1 An order made by tKe Provincial Court may be entered in tKe Court of Queen’s BencK and on beinJ so entered it is enforceable in tKe same manner as an order of tKe Court of Queen’s BencK. 2 An order made by tKe Provincial Court does not taNe effect until it is entered under subsection 1 and served under section 57 or as directed by tKe Provincial Court on tKe otKer parties to tKe application by tKe party enterinJ tKe order. Residential Tenancy Dispute Definitions In tKis Part, a ³Dispute Resolution Service´ means tKe Residential Tenancy Dispute Resolution Service establisKed by tKe reJulations b ³reJulations´ means reJulations made under section 54.7 c ³remedy´ means any order, MudJment, damaJes, compensation or otKer relief provided for in tKis Act. 2005 c46 s3 RiJKt to apply to Dispute Resolution Service 1 WKere a landlord Kas a dispute ZitK a tenant and Kas a riJKt to apply to a court under Part 3 or Part 4.1 for a remedylandlord may apply to tKe Dispute Resolution Service instead ofcourt for tKe remedy. 2 WKere a tenant Kas a dispute ZitK a landlord and Kas a riJKt to apply to a court under Part 3 or to commence an action in a couunder Part 4 for a remedy, tKe tenant may apply to tKe Dispute Resolution Service instead of tKe court for tKe remedy. 3 No application may be made to tKe Dispute Resolution Service if an application to a court Kas been filed ZitK tKe clerN of tKat court by eitKer party to tKe dispute a for tKe remedy souJKt under subsection 1 or 2, or 2004 Section 54.3 CKapter R-17.1 RESIDENTIAL TENANCIES ACT b for any otKer remedy tKat is available under Part 3, Part 4 or Part 4.1 to resolve a related dispute betZeen tKe parties, unless tKe application to tKe court is first ZitKdraZn. 2005 c46 s3 2015 c20 s5 2017 c22 s4 Effect of application to Dispute Resolution Service 1 A landlord’s application to tKe Dispute Resolution Service for a remedy binds tKe tenant in respect of ZKom tKe remedy is souJKt to tKe cKoice of tKat forum. 2 A tenant’s application to tKe Dispute Resolution Service for remedy binds tKe landlord in respect of ZKom tKe remedy is souJKt to tKe cKoice of tKat forum. 3 WKere an application Kas been filed ZitK tKe Dispute Resolution Service by one party to a dispute, no application may be made to a court by eitKer party to tKe dispute a for tKe remedy souJKt under section 54.2 1 or 2, or b for any remedy tKat is available under Part 3, Part 4 or P4.1 to resolve a related dispute betZeen tKe parties, unless tKe application to tKe Dispute Resolution Service is firZitKdraZn. 2005 c46 s3 2017 c22 s4 RevieZ before filinJ ZitK a court 1 Before any application to a court for a remedy to a dispute under Part 3, Part 4 or Part 4.1 may be filed by a clerN of a court, tKe clerN sKall, in accordance ZitK tKe process set out in tKe reJulations, determine ZKetKer an application Kas been filed ZitK tKe Dispute Resolution Service a for tKe remedy applied for in tKe application to tKe court, or b for any otKer remedy tKat is available under Part 3, Part 4 or Part 4.1 to resolve a related dispute betZeen tKe parties to tKe application to tKe court. 2 WKere tKe process referred to in subsection 1 discloses tKaan application, as described in subsection 1, Kas been filed ZitK tKe Dispute Resolution Service, tKe application to tKe court sKnot be filed e[cept as provided in tKe reJulations. 3 WKere, on tKe same day, 2004 Section 54.5 CKapter R-17.1 RESIDENTIAL TENANCIES ACT a a clerN of a court files an application made by one of tKeparties to a dispute for a remedy under Part 3, Part 4 or Part 4.1, and b tKe Dispute Resolution Service files an application made btKe otKer party to tKe dispute for any otKer remedy tKat is available under Part 3, Part 4 or Part 4.1 to resolve a relateddispute betZeen tKe parties, tKe application filed ZitK tKe clerN of tKe court sKall be procZitK and tKe application to tKe Dispute Resolution Service sKall be discontinued. 2005 c46 s3 2017 c22 s4 AutKority of Dispute Resolution Service TKe Dispute Resolution Service Kas tKe autKority to order remedies in accordance ZitK tKe reJulations. 2005 c46 s3 Application, proceedinJs and decision to be in accordance ZitK reJulations 1 An application to tKe Dispute Resolution Service must be made in accordance ZitK tKe reJulations. 2 TKe Dispute Resolution Service must conduct all proceedinJs and decide all applications to it a in accordance ZitK and subMect to any limitations and restrictions set out in tKe reJulations, and b in accordance ZitK tKe rules of practice and procedure andtKe code of conduct establisKed pursuant to tKe reJulations. 3 TKe Dispute Resolution Service must refer to a court an application, dispute or issue tKat is, in accordance ZitK tKe reJulations, required to be referred to a court. 4 TKe Dispute Resolution Service may, in any of tKe circumstances provided for in tKe reJulations, a refuse to accept an application to tKe Dispute Resolution Service, and b refer an application to tKe Dispute Resolution Service to 2005 c46 s3 ReJulations TKe Lieutenant *overnor in Council may maNe reJulations respectinJ tKe establisKment of an alternative dispute resolution 2004 Section 54.7 CKapter R-17.1 RESIDENTIAL TENANCIES ACT mecKanism for tKe purpose of resolvinJ disputes arisinJ in respof matters under tKis Act, includinJ, ZitKout limitation, reJulations a respectinJ tKe establisKment of tKe Residential Tenancy Dispute Resolution Service and tKe appointment of an administrator, tenancy dispute officers and any otKer employees required for tKe administration of tKe Dispute Resolution Service b respectinJ tKe process to be folloZed by a clerN of a courfor tKe purposes of section 54.4 c respectinJ applications to tKe Dispute Resolution Service,includinJ applications tKat include a claim for damaJes, compensation or otKer relief tKat e[ceeds tKe amount prescribed by reJulations for tKe purposes of section .6 1 of tKe Provincial Court Act d respectinJ tKe Ninds of applications, disputes and issues tKat are required to be referred to a court by tKe Dispute Resolution Service e respectinJ tKe circumstResolution Service i may refuse to accept an application to tKe Service, or ii may refer to a court an application to tKe Service f respectinJ tKe proceedinJs before tKe Dispute Resolution Service and tKe establisKmenprocedure JoverninJ tKose proceedinJs J respectinJ tKe establisKment of a code of conduct for tenancy dispute officers K respectinJ tKe poZers and duties of tenancy dispute office i respectinJ tKe matters tKat tenancy dispute officers may omust consider ZKen dealinJ ZitK a dispute M respectinJ tKe remedies tKat tKe Dispute Resolution Servicis autKori]ed to order, includinJ orders providinJ for costs N respectinJ limitations and restrictions on tKe Dispute Resolution Service’s autKority to order a remedy l respectinJ terms and conditions tKat may be included in anorder of tKe Dispute Resolution Service 2004 Section 54. CKapter R-17.1 RESIDENTIAL TENANCIES ACT m respectinJ tKe effect of an order and KoZ it may be enforced, includinJ reJulations autKori]inJ tKe order to be filed in tKe Court of Queen’s BencK and, on filinJ, to be enforced as an order of tKat court n respectinJ tKe appeal of an order to tKe Court of Queen’s BencK on a question of laZ or Murisdiction o respectinJ tKe fees tKat may be cKarJed by tKe Dispute Resolution Service and providinJ for tKe Zaiver of any fee p respectinJ forms for tKe purposes of tKis Part and providifor tKeir use q respectinJ tKe service of notices, documents or orders r defininJ, for tKe purposes of tKis Part and tKe reJulationmade under tKis Part, any Zord or pKrase tKat is used in tKis Part but is not defined s respectinJ any matter or tKinJ tKat tKe Minister considersnecessary or appropriate to carry out tKe intent and purposes of tKis Part. 2005 c46 s3 Application of tKis Part 1 TKis Part applies a only in tKe JeoJrapKic reJion of tKe Province, and b only for tKe period of time specified by an order of tKe Lieutenant *overnor in Council. 2 TKe Lieutenant *overnor in Council may, by order, a e[tend or sKorten tKe period of time specified under subsection 1 b, b suspend tKe operation of tKe Dispute Resolution Service, c end a suspension referred to in clause b. 3 If tKe operation of tKe Dispute Resolution Service is suspended by an order under subsection 2, tKe transitional rules necessaddress incompleted KearinJs, pendinJ applications and all related matters must be set out in tKe order. 2005 c46 s3 200 c53 s163 2004 Section 55 CKapter R-17.1 RESIDENTIAL TENANCIES ACT Appointment of Director In accordance ZitK tKe Public Service Act tKere may be appointed a Director of Residential Tenancies and any otKer officers and employees required for tKe administration of tKis DeleJation TKe Director may deleJate any of tKe Director’s poZers, dutior functions under tKis Act and tKe reJulations to any person and may autKori]e tKat person to furtKer deleJate tKe poZer, duty ofunction. Service of notices, etc. 1 SubMect to tKis section, a notice, order or document under tKis Act must be served personally or by reJistered mail. 2 For tKe purpose of service by reJistered mail, a a tenant’s address is tKe address of tKe residential premirented by tKe tenant, and b a landlord’s address is tKeor tKe address in tKe notice of landlord served or posted under section 1 or 47 2. 3 If a landlord is unable to effect service on a tenant by reason of tKe tenant’s absence from tKe premises or by reason of tKe tenant’s evadinJ service, service may be effected a on any adult person ZKo apparently resides ZitK tKe tenantor b by postinJ tKe notice, order or document in a conspicuous place on some part of tKe premises. 4 If a landlord is unable to effect service on a person referred to in section 33 or 36 by reason of tKe person’s absence from tKe premises or by reason of tKe person’s evadinJ service, service may be effected by postinJ tKe notice in a conspicuous place on sompart of tKe premises. 5 If a landlord is unable to effect service on a tenant or a person referred to in section 33 or 36 by any means referred to in subsections 1 to 4 or if a tenant is unable to effect service on tKe landlord personally or by reJistered mail, tKe landlord or tenant may effect service of tKe notice, order or document by sendinJ it by 2004 Section 5 CKapter R-17.1 RESIDENTIAL TENANCIES ACT electronic means tKat Zill result in a printed copy of tKe notiorder or document beinJ received by an electronic device tKat isituated in tKe residential premises or at tKe landlord’s addretKe case may be. 6 TKis section does not apply to service Joverned by tKe rules practice of a court. 7 If a landlord or tenant is a corporation, a notice, order or document may be served in tKe manner permitted under section 30 of tKe Companies Act, section 347 of tKe Cooperatives Actor section 256 of tKe Business Corporations Act, as tKe case may be. 2004 cR-17.1 s57 2016 c1 s17 Satisfaction of service requirement 1 A requirement under tKis Act to Jive or serve a notice, orderor document to or on tKe landlord of residential premises is satisfied if tKe notice, order or document is Jiven to or served on one person ZKo falls ZitKin tKe definition of landlord of tKosepremises. 2 A requirement under tKis Act to Jive or serve a notice, order or document to or on tKe tenant of residential premises is satisfitKe notice, order or document is Jiven to or served on one adulperson ZKo falls ZitKin tKe definition of tenant of tKose premiLandlord and Tenant Advisory Boards 1 A council may by bylaZ establisK a Landlord and Tenant Advisory Board and provide for tKe remuneration of its members and any otKer matters pertaininJ to its procedures or incidental to tKe e[ercise of its functions. 2 TKe functions of a Landlord and Tenant Advisory Board are as folloZs a to advise landlords and tenants in tenancy matters b to receive complaints and seeN to mediate disputes betZeenlandlords and tenants c to disseminate information for tKe purpose of educatinJ anadvisinJ landlords and tenants concerninJ rental practices, riJKts and remedies d to receive and investiJate complaints of conduct in contravention of leJislation JoverninJ tenancies. 2004 Section 60 CKapter R-17.1 RESIDENTIAL TENANCIES ACT Offences and penalties 1 A person ZKo contravenes a section 1, 1 6, 23, 24, 25, 31 13 or 14, 43, 44 1, 3, 5 or 6, 45, 46 2 or 6, or 47.7 or tKis Act as described in section 6 2, or b a provision of tKe reJulations referred to in section 6 1 b or 70 1 l, is Juilty of an offence and liable to a fine of not more tKan $5000. 1.1 A landlord ZKo fails to Jive tKe minimum required period of notice under section 12 is Juilty of an offence and liable to a fine of not more tKan $10 000. 2 WKere a corporation is convicted of an offence, every officerdirector, employee or aJent of tKe corporation ZKo autKori]ed tKe commission of tKe offence or assented to it or acquiesced or participated in it is also Juilty of an offence and is liable to tKe penalty provided for in subsection 1 or 1.1. 3 A Mustice ZKo convicts a landlord of contraveninJ section 46 2 or 6 may, on tKe application of a tenant ZKo is entitled to all or part of a security deposit, order tKe landlord to pay to tKe tenant tKe ZKole or part of tKe security deposit toJetKer ZitK interest 4 WKere a landlord is convicted of contraveninJ a provision referred to in subsection 1 or 1.1 and tKe Mustice considertKe landlord Kas ZronJfully ZitKKeld prepaid rent paid by tKe tenant, tKe Mustice may order tKe landlord to pay all or part of tKat prepaid rent to tKe tenant. 5 If an amount tKat is ordered to be paid under subsection 3 or 4 is not paid ZitKin tKe time ordered by tKe Mustice, tKe tenotKer person in ZKose favour tKe order Zas made may, by filinJ tKe order, enter as a MudJment in tKe Court of Queen’s BencK tKe amount ordered to be paid, and tKat MudJment is enforceable aJatKe landlord in tKe same manner as if it Zere a MudJment rendered aJainst tKe landlord in tKe Court of Queen’s BencK in civil proceedinJs. 2004 cR-17.1 s60 2007 c11 s1 2015 c20 s7 No proceedinJs may be instituted under section 60 more tKan 3 years after tKe time ZKen tKe alleJed offence occurred. 2004 Section 62 CKapter R-17.1 RESIDENTIAL TENANCIES ACT AutKori]ed person In sections 63 to 67, ³autKori]ed person´ means a person to ZKom tKe Director Kas, under section 56, deleJated tKe DirectorpoZers, duties or functions under tKose sections. Identification TKe Director or an autKori]ed person ZKo enters any place under tKe autKority of sections 64 to 67 must, on request, a produce a document tKat identifies tKe person as tKe Director or an autKori]ed person, and b e[plain tKe purpose for enterinJ tKe place. Inspection 1 TKe Director or an autKori]ed person may enter tKe business premises of a landlord at any reasonable time to conduct an inspection to determine if tKere is compliance ZitK tKis Act and tKe reJulations. 2 If tKe Director or autKori]ed person Kas reasonable Jrounds tbelieve tKat a booNs, records, documents or otKer tKinJs of a landlord arlocated in anotKer person’s business premises, and b tKose booNs, records, documents or otKer tKinJs are relevato determine if tKere is compliance ZitK tKis Act or tKe reJulations, tKe Director or autKori]ed person may enter tKose otKer businespremises at any reasonable time. 3 TKe Director or autKori]ed person may, in tKe course of an inspection, request an employee or aJent of tKe landlord at tKebusiness premises referred to in subsection 1 or 2 a to Jive Zritten or oral replies to questions, b to produce any booNs, records, documents or otKer tKinJs and to provide copies of tKem, and c to provide any otKer information to determine if tKere is compliance ZitK tKis Act and tKe reJulations. 2004 Section 65 CKapter R-17.1 RESIDENTIAL TENANCIES ACT 4 TKe Director or autKori]ed person may in tKe course of an inspection inspect, e[amine and maNe copies of or temporarily remove booNs, records or documents or otKer tKinJs tKat are relevant to determine if tKere is compliance ZitK tKis Act and tKe reJulations. 5 WKen tKe Director or autKori]ed person removes any booNs, records, documents or otKer tKinJs under subsection 4, tKe Director or autKori]ed person a must Jive a receipt for tKem to tKe person from ZKom tKey Zere taNen, b may maNe copies of, taNe pKotoJrapKs of or otKerZise record tKem, and c must, ZitKin a reasonable time, return tKem to tKe person ZKom tKe receipt Zas Jiven. 6 A landlord and any employee or aJent of tKe landlord must co-operate ZitK tKe Director or an autKori]ed person actinJ under tKe autKority of tKis section. Order compellinJ assistance in inspections 1 For tKe purpose of enablinJ tKe Director or an autKori]ed person to conduct an inspection to determine if tKere is compliZitK tKis Act and tKe reJulations, tKe Director may apply to tKCourt of Queen’s BencK for an order a compellinJ a landlord or an employee or aJent of a landlorto alloZ tKe Director or an autKori]ed person to enter tKe business premises, private dZellinJ or otKer place occupied or controlled by tKe landlord, employee or aJent and requirinJ tKe landlord, employee or aJent to produce for e[amination booNs, records, documents or otKer tKinJs relevant to tKe inspection b autKori]inJ tKe Director or autKori]ed person to copy or remove tKe booNs, records, documents or otKer tKinJs on any terms tKat tKe Court considers appropriate c requirinJ a landlord or an employee or aJent of a landlord to co-operate ZitK tKe inspection on any terms tKat tKe Court considers appropriate. 2 TKe Court of Queen’s BencK may Jrant an order under subsection 1 if satisfied on evidence under oatK by tKe Director tKat tKere are reasonable Jrounds to believe tKat 2004 Section 66 CKapter R-17.1 RESIDENTIAL TENANCIES ACT a tKe inspection is reasonable, b tKe landlord, aJent or employee of tKe landlord Kas not cooperated or liNely Zill not co-operate ZitK tKe inspection, c tKe order is appropriate in tKe circumstances. 3 An application under tKis section may be made e[ parte if tKeCourt of Queen’s BencK considers it proper to do so. InvestiJation 1 TKe Director or an autKori]ed person ZKo Kas reasonable Jrounds to believe tKat a person Kas committed an offence undertKis Act or tKe reJulations may, after e[plaininJ to tKe person or to tKe person’s aJent tKat tKe Director or autKori]ed person ZisKes to enter tKe person’s business premises for tKe purposes of carryinJ out an investiJation, request permission to enter tKe business premises. 2 If a person permits tKe Director or autKori]ed person to entebusiness premises for tKe purposes of an investiJation, tKe Diror autKori]ed person may, ZitK tKe permission of tKe person, inspect, e[amine and maNe copies of or temporarily remove booNsrecords, documents or otKer tKinJs tKat are relevant to determine if an offence Kas been committed under tKis Act or tKe reJulations 3 WKen tKe Director or autKori]ed person removes any booNs, records, documents or otKer tKinJs under subsection 2, tKe Director or autKori]ed person a must Jive a receipt for tKem to tKe person from ZKom tKey Zere taNen, b may maNe copies of, taNe pKotoJrapKs of or otKerZise record tKem, c must, ZitKin a reasonable time, return anytKinJ tKat Kas been copied to tKe person to ZKom tKe receipt Zas Jiven, d must return everytKinJ else tKat Zas removed to tKe personto ZKom tKe receipt Zas Jiven ZitKin a reasonable time after tKe investiJation and any prosecution resultinJ from tKe investiJation are concluded. 2004 Section 67 CKapter R-17.1 RESIDENTIAL TENANCIES ACT Order compellinJ assistance in investiJations 1 For tKe purpose of determininJ if an offence Kas been committed under tKis Act or tKe reJulations, tKe Director may apply to tKe Court of Queen’s BencK for an order a compellinJ a person to alloZ tKe Director or an autKori]edperson to enter tKe person’s business premises, private dZellinJ or otKer place occupied or controlled by tKe person and requirinJ tKe person to produce for e[amination tKe person’s booNs, records, documents or otKer tKinJs relevant to tKe investiJation b autKori]inJ tKe Director or an autKori]ed person to copy oremove tKe booNs, records, documents or otKer tKinJs on any terms tKat tKe Court considers appropriate c requirinJ a person to co-operate ZitK tKe investiJation onany terms tKat tKe Court considers appropriate. 2 TKe Court of Queen’s BencK may Jrant an order under subsection 1 if satisfied on evidence under oatK by tKe Director tKat tKere are reasonable Jrounds to believe tKat a an offence under tKis Act or tKe reJulations Kas been committed, and b tKe order is appropriate in tKe circumstances. 3 An application under tKis section may be made e[ parte if tKeCourt of Queen’s BencK considers it proper to do so. Lieutenant *overnor in Council reJulations TKe Lieutenant *overnor in Council may maNe reJulations a JoverninJ tKe practice and procedures in matters before tKProvincial Court under tKis Act b respectinJ tKe rate of interest under section 45 1 c prescribinJ tKat any class pt from tKe operation of all or any of tKe provisions of tKis Act or tKe reJulations d defininJ, for tKe purposes of tKis Act and tKe reJulationsany term tKat is used in tKis Act but is not defined e settinJ out tKe Jrounds on ZKicK tKe Banff +ousinJ Corporation may refuse to Jive its consent to tKe assiJnment 2004 Section 6 CKapter R-17.1 RESIDENTIAL TENANCIES ACT or sublease of a residential tenancy aJreement described in section 22 3 f respectinJ statements confirminJ domestic violence under section 47.4 2 a ii, includinJ any requirements concerninJ tKeir form and content J prescribinJ persons ZKo can maNe statements confirminJ domestic violence under section 47.4 4 d K respectinJ tKe appointment of tKe desiJnated autKority under section 47.5 1 i respectinJ tKe poZers, duties and functions of tKe desiJnated autKority appointed under section 47.5 1 M prescribinJ circumstances under section 47.7 in ZKicK a landlord may disclose information about a tenant. 2004 cR-17.1 s6 2015 c20 s Subsidi]ed public KousinJ reJulations 1 TKe Lieutenant *overnor in Council may maNe reJulations a respectinJ rent, security deposits and tKe termination of tenancies for subsidi]ed public KousinJ b prescribinJ, ZitK respect to any provision of tKe reJulations under clause a, tKat contravention of tKe provision constitutes an offence. 2 TKe reJulations made under subsection 1 may Kave tKe effectof modifyinJ or maNinJ inapplicable Parts 1 to 4 of tKis Act ZitK respect to subsidi]ed public KousinJ. Ministerial reJulations 1 TKe Minister may maNe reJulations a establisKinJ forms tKat may be used by landlords and tenants for leases, inspection reports, notices of default and otKer documents under tKis Act a.1 prescribinJ tKe ma[imum period of time after a default ZitKin ZKicK a landlord may serve a tenant ZitK a notice of default and tKe minimum period of notice tKat must be provided in tKe notice of default ZitKin ZKicK tKe tenant must vacate tKe residential premises b prescribinJ tKe reasons for ZKicK a landlord may terminate a periodic tenancy under Part 1 2004 Section 70 CKapter R-17.1 RESIDENTIAL TENANCIES ACT c prescribinJ tKe minimum amount of time betZeen increases in rent for periodic tenancies and for fi[ed term tenancies c.01 prescribinJ an alternative emerJency end date for tKe purposes of section 14.1 c.1 modifyinJ any period of notice required by section 7, ,11, 12 or 14 d prescribinJ or providinJ for tKe manner of determininJ periods of notice for tKe purposes of section 11 b e prescribinJ tKe statements to be contained in inspection reports and JoverninJ tKe siJninJ of inspection reports for tKe purposes of section 1 f prescribinJ an amount for tKe purposes of section 31 2 an 3 J prescribinJ a period for tKe purposes of section 31 4 K respectinJ tKe means of establisKinJ tKe liabilities of a tenant for tKe purposes of section 31 i respectinJ trust accounts for security deposits i.1 establisKinJ tKe form of certificate for tKe purposes ofsection 47.3 2 b M respectinJ tKe circumstances under ZKicK landlords may cKarJe a fee or penalty for late payments of rent by tenants, and prescribinJ tKe ma[imum amounts of sucK fees or penalties or tKe manner in ZKicK tKey are calculated M.1 respectinJ proKibitions aJainst cKarJinJ fees or penaltilate payments of rent or non-payment of rent M.2 respectinJ tKe voidinJ of provisions in residential tenancy aJreements in respect of tKe imposition or cKarJinJ of late fees or penalties or tKe enforcement or collection of late feesor penalties N repealed 2005 c46 s4 l prescribinJ, ZitK respect to any provision of tKe reJulations under tKis section, tKat contravention of tKe provision constitutes an offence m providinJ ZitK respect to any provision of tKis Act, otKertKan a provision referred to in section 60 1 a or 1.1, tKat 2004 Section 71 CKapter R-17.1 RESIDENTIAL TENANCIES ACT its contravention constitutes an offence and prescribinJ penalties in respect of tKose offences n respectinJ any otKer matter considered necessary to carry out tKe intent of tKis Act. 2 A reJulation made under tKis section may be made effective ZitK reference to a date before it is made. 3 NotZitKstandinJ section 3 5 of tKe Regulations Act, a person is deemed to Kave notice of a reJulation made under tKis sectioZKen tKe reJulation is filed ZitK tKe reJistrar under tKe Regulations 2004 cR-17.1 s70 2005 c46 s4 2007 c11 s1 2011 c14 s25 2015 c20 s 2020 c6 s3 Application to Court of Queens BencK An application made under tKis Act to tKe Court of Queen’s BencK must be made in accordance ZitK tKe Alberta Rules of Court2004 cR-17.1 s71 200 c53 s163 Transitional 1 E[cept to tKe e[tent tKat tKis Act provides otKerZise, tKis Act applies to tenancies under residential tenancy aJreements mbefore, on or after tKe cominJ into force of tKis Act. 2 NotKinJ in tKis Act affects any notice Jiven or proceedinJ commenced under tKe predecessor of tKis Act before tKe cominJ into force of tKis Act. Repeal TKe Residential Tenancies Act, RSA 2000 cR-17, is repealed. Repeal Section 11 a is repealed on a date to be fi[ed by Proclamation. CominJ into force TKis Act comes into force on November 1, 2004. RESIDENTIAL TENANCIES ACT Interpretation Application Act prevails RelationsKip to otKer Acts CroZn is bound Part 1 Notice of termination Termination by landlord Notice to terminate ZeeNly tenancy Notice to terminate montKly tenancy Notice to terminate yearly tenancy Form of notice Notice to terminate tenancy of employee Notice to terminate for condominium conversion Implied periodic tenancy Notice of increase in rent ProKibition on rent increases in emerJency Part 2 Notice to terminate not required Landlord’s covenants Copy of aJreement for tenant Notice of landlord Inspection report Time of e[piration or termination Tenant’s covenants CopyriJKt and Permission StatementAlberta Queen s Printer Kolds copyriJKt on beKalf of tKe *overnment of Alberta in riJKt of +er MaMesty tKe Queen for all *overnment of Alberta leJislation. Alberta Queen s Printer permits any person to reproduce Alberta’s statutes and reJulations ZitKout seeNinJ permission and ZitKout cKarJe, provided due diliJence is e[ercised to ensure tKe accuracy of tKe materials produced, and CroZn copyriJKt is acNnoZledJed in tKe folloZinJ format © Alberta Queen s Printer, 20__. TKe year of first publication of tKe leJal materials is to be completed. NoteAll persons maNinJ use of tKis consolidation are reminded tKat it Kas no leJislative sanction, tKat amendments Kave been embodied for convenience of reference only. TKe official Statutes and ReJulations sKould be consulted for all purposes of interpretinJ and applyinJ tKe laZ. ReJulations TKe folloZinJ is a list of tKe reJulations made under tKe Residential Tenancies tKat are filed as Alberta ReJulations under tKe ReJulations Act Alta. ReJ. AmendmentsResidential Tenancies Act Late Payment Fees and Penalties ................... 55/2020 Residential Tenancy Dispute ice ................................... /2006 92/2009, 21/2011, 55/2016, 83/2017 Residential Tenancies E[emption .................. 1 /2004 ...142/2014, 117/2016, 34/2018 Residential Tenancies Ministerial .................. 211/115/2007, 145/2014, 118/2016, 153/2018 Security Deposit Int ........................ 1 0/200J ............................. 1 1/2004 ......... 42/2014, 53/2017, 19/2020 Termination of Tenancy Domestic Violence ................................ © PublisKed by Alberta Queen’s Printer E-mail qp@Jov.ab.ca SKop on-line at ZZZ.qp.alberta.ca Alberta Queen’s Printer Suite 700, ParN Pla]a 10611 - Avenue PKone 70-427-4 52 Fa[ 70-452-066 Statutes of Alberta, 2004 Printed on Recycled Paper