Residential Tenancies Act 2004

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Tenancy Agreement

• Should be in writing, but spoken agreements can
  be binding
• Becomes legal after the tenant landlord BOTH
  sign it
• Can be for a fixed term or periodic tenancy
• If you are moving into a premises where the
  landlord actually lives and you are sharing
  facilities, the Act does NOT apply

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Moving In

• The Landlord
• - MUST give you a copy of the tenancy agreement
• - MUST make the premises available so you can
  move in on the agreed date
• - MUST ensure the premises are habitable for you
  when you move in
• - MUST give you any promises in writing.

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When Moving In
Still Moving In

• Inspection Reports
• - The landlord MUST give you a copy of the
  inspection report when you FIRST move in.

Security Deposit - The landlord cannot ask for
more than one months rent as a security deposit.
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Landlord Dos Donts

• - Your peaceful enjoyment
• For the Publics Health
• Entering your rental unit
• Changing the Locks
• Repairs

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Dos DontsPART II

• - Common Areas
• Increasing the Rent
• Landlords Address
• New Landlords

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Tenant Dos Donts
Tenants Dos Dont

• - Abiding by the agreement
• - Changing the Locks
• - Paying Rent on Time
• - Damage to the Premises

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Subletting

• The landlord must give the tenant permission, in
  writing, before the tenant can sublease.
• Your sub-tenant is NOT protected by the
  Residential Tenancies Act.

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Moving Out

• A Fixed Tenancy
• vs
• A Periodic Tenancy
• Whats the Diff?

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• Disputes Disagreements

• Talk to your Landlord
• Write down details / take pictures for evidence
• Know your Rights
• Call your Tenant Advisory Board immediately or
  your nearest government services offices

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What Are Your Options?

• Dispute Resolution
• - (Only available in Edmonton, Grande Prairie,
  Ft. McMurray, and Calgary)
• - Applying for RTDRS
• - The Court Process

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Is It Worth Suing?

• - Consider the time and money that suing will
  cost you
• - Do you have enough evidence to support your
  claim?
• - If you win, will you be able to collect?

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If You Have To Sue

• - You can find documents at the local
• courthouse or www.albertacourts.ab.ca
• - Make sure you know who you are suing.
• - Instruction booklets are available.
• - Serve all relevant persons /companies.
• - File Affadavits of Service with court clerk.

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If YOU are Sued

• 1) Negotiate a settlement
• 2) Pay the claim
• 3) File a Dispute Note
• 4) Mediation Pre-Trial Conferences

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Discrimination?

• Section 5 of the Human Rights, Citizenship and
  Multiculturalism Act prohibits discrimination in
  the area of residential and commercial tenancy.
• www.albertahumanrights.ab.ca

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Discrimination?

• IF you think you have been denied housing due to
  discrimination, based on your race, sexual
  orientation, etc, call
• Alberta Human Rights Commission
• Northern Region (780)
  427-6013
• Southern Region (403)
  297-6571
• Everywhere Else
  310-0000
• ATT Cell Phone
  310
• Telus Cell Phone
  310

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Moving Out

• - When planning on moving, giving 30 Days written
  notice to landlords is the norm (unless Periodic
  Tenancy Agreement).
• - FIXED tenancy should submit notice of early
  termination in writing.
• - PERIODIC tenancy, landlord must give you 3
  months notice to terminate your tenancy.

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Security Deposits

• - Tenants can expect their security deposit back
  with interest owing when they move out if there
  is no damage beyond normal wear and tear.
• - Tenants are responsible for removing all of
  their belongs from the premises when moving out.

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Legal Resources

• Native Counselling Services of Alberta
• Edmonton (780)
  423-2141
• Calgary
  [phone]
• Grande Prairie (780)
  532-9359
• St. Paul
  [phone]
• www.ncsa.ca
• Student Legal Services [phone]
• Calgary Student Legal Svcs. [phone]
• Calgary Legal Guidance [phone]

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Acknowledgements

• Alberta Residential Tenancies Act
• Alberta Consumer TipSheets
• RTDRS Info Booklet
• Legal Resource Centre
• Human Rights Citizenship Commission
• Student Legal Services, Edmonton Calgary