Alberta Tenant Guide: What Happens When Landlords Neglect Maintenance
If your landlord in Alberta is not keeping your rental unit in a good state of repair, you are not alone. Maintenance neglect by landlords is an issue faced by many tenants and can quickly turn your home into an unhealthy or unsafe place. Knowing your rights as a tenant—and understanding what enforcement options exist—can help you protect your health, safety, and comfort.
Landlords’ Maintenance Responsibilities in Alberta
Under Alberta's Residential Tenancies Act, landlords must keep rental premises "habitable" and in "a good state of repair." This includes structural repairs, maintaining heating, plumbing, and electrical systems, and ensuring the property meets safety standards. Issues like leaks, mold, broken appliances, and pest infestations may all be considered maintenance neglect if ignored.
- Ensuring the home is safe and up to local building codes
- Keeping major systems (water, electricity, heat) functioning
- Addressing pest infestations
- Handling emergency and routine repairs promptly
Both tenants and landlords have roles to play in caring for rental units. Learn more from Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Documenting and Reporting Maintenance Issues
If you notice a maintenance problem, tell your landlord in writing as soon as you can. Describe the issue, its impact on you, and keep a copy for your records. Take dated photos or videos to document the problem and its progression.
It's best to report maintenance issues in writing (email or registered letter) so you have a time-stamped record of your request. The landlord should respond within a reasonable time—"urgent" issues (like a broken furnace in winter) should be fixed promptly.
When Landlords Don’t Respond
If your landlord does not address the problem, you can take additional steps, including filing a complaint or application for enforcement action with the Residential Tenancy Dispute Resolution Service (RTDRS) or Alberta Courts. The RTDRS is Alberta’s specialized tribunal for most rental disputes.
Enforcement Actions for Maintenance Neglect
Enforcement involves a legal process to compel landlords to meet their obligations. Alberta tenants have several options:
- Apply to the RTDRS for an order requiring repairs
- File a claim for a rent reduction or compensation due to loss of enjoyment or expenses
- Request permission to complete repairs and deduct reasonable costs from rent (only if allowed by an order)
- Report serious health and safety violations to municipal inspectors (such as Public Health or Fire)
For more information on urgent versus routine repairs, see Emergency Situations and Repairs: Tenant Rights and Responsibilities and Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.
Important Forms for Tenants
- RTDRS Application Form (Form 7): Use this form to request an order for repairs or compensation. It’s available here (PDF). Example: If your landlord fails to repair the heating system, you can apply to the RTDRS using this form. Learn about the process on the official RTDRS site.
- Notice of Health/Safety Concern: Contact your municipality’s public health inspector to report severe issues. Each city (like Edmonton or Calgary) has its own reporting form, generally available via city websites under "rental property complaints."
What Happens If a Landlord Fails to Comply?
If a landlord ignores an RTDRS order or a court order, tenants can pursue further enforcement, such as garnishing rent payments or having maintenance work completed by a third party. Non-compliance may also result in fines or penalties under the Residential Tenancies Act.
For broader tenant issues and your rights in Alberta, see Tenant Rights and Landlord Rights in Alberta.
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FAQ: Dealing with Maintenance Neglect
- What should I do first if my landlord ignores a repair request?
Notify your landlord in writing, keep records, and give a reasonable deadline. If there’s no response, you can apply to the RTDRS for an order. - Can I stop paying rent if my landlord won’t fix something?
No. You must continue paying rent unless the RTDRS or a court has given you clear written permission to withhold or deduct rent. - How long does the landlord have to fix problems?
Urgent repairs (like heat failure in winter) should be addressed immediately. For routine issues, landlords must act within a reasonable time, but there’s no precise legal deadline. - What is the RTDRS and what can it order?
The RTDRS is Alberta's tribunal for tenant-landlord disputes. It can order repairs, rent reductions, or compensation for tenants. - What evidence do I need to support my claim?
Photographs, written notice to the landlord, and a record of all communications help support your application.
Conclusion: Key Takeaways
- Landlords in Alberta must maintain rental properties in a safe, liveable condition.
- Tenants should report maintenance issues in writing, keep documentation, and understand their enforcement rights.
- Using official forms and the RTDRS can help you get results if your landlord neglects needed repairs.
If you act early and keep good records, you’ll be in the best position to resolve maintenance problems—protecting your health, safety, and tenancy.
Need Help? Resources for Tenants
- Residential Tenancy Dispute Resolution Service (RTDRS) – File maintenance-related applications, learn about hearings, and more
- Residential Tenancies Act (Alberta) – Official legislation governing maintenance and repair duties
- Contact your local municipal government for health and safety complaints (e.g., Edmonton 311, Calgary Service Requests)
- Legal clinics and tenant advocacy groups (e.g., Calgary Legal Guidance, Edmonton Community Legal Centre) can provide advice
- For a broader overview, see Tenant Rights and Landlord Rights in Alberta
- [1] Residential Tenancies Act (Alberta)
- [2] Residential Tenancy Dispute Resolution Service (RTDRS)
- [3] Municipal public health inspector resources, available via respective city websites (e.g., Edmonton Landlords and Tenants, Calgary Residential Complaints)
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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