Are Rental Application Fees Legal in Alberta? Tenant Guide 2024
Understanding your rights as a tenant is crucial when looking for a new home in Alberta. Many renters are surprised to encounter rental application fees and wonder if landlords are legally allowed to charge them. This article explains Alberta’s laws on rental application fees, what landlords can request upfront, and where to go if you face challenges. All information is up-to-date for 2024 and tailored for Albertan tenants.
Rental Application Fees: What Does Alberta Law Say?
In Alberta, the Residential Tenancies Act and its regulations set out the legal rules for what landlords can require from potential tenants. As of 2024, landlords cannot lawfully charge a non-refundable rental application fee to tenants applying for a residential property.
- Landlords are prohibited from collecting any fee that is not a security deposit or an actual rent payment.
- If you are asked for an application or screening fee, you have the right to refuse, and it may be a violation of the Act.
This rule applies to all private rentals, apartments, and houses across Alberta.
To avoid confusion, make sure to keep a record of any requests for such fees in case you need to report it to the authorities.
What Can Landlords Legally Collect Upfront?
While application fees are not permitted, landlords can request a security deposit (sometimes called a damage deposit) before you move in. According to Alberta law:
- The security deposit cannot exceed one month’s rent.
- Landlords cannot ask for additional charges such as pet deposits (unless it’s part of the one-month maximum).
- Your security deposit must be placed in a trust account and may only be used as outlined in the Act.
If you’re new to Alberta rentals, it’s important to understand how deposits work and your rights around them. For a full breakdown, read Understanding Rental Deposits: What Tenants Need to Know.
Forms and Documentation
There is no official Alberta form for paying an application fee (since it is not permitted). However, security deposits and move-in inspections do have official documentation. Landlords must provide you with a receipt for any security deposit paid. Make sure this is dated and signed for your records.
Before you move in, both you and your landlord must complete a Condition Inspection Report (sometimes called a move-in inspection checklist). This helps protect your deposit if disputes arise later.
- Move-In Inspection Report – Used to record the condition of the property when you begin your tenancy.
Official resource: Alberta.ca: Inspection Reports
What To Do If You’re Asked for an Application Fee in Alberta
If a landlord or property manager asks you to pay a non-refundable application fee, consider these steps:
- Politely inform them that application fees are not allowed under Alberta’s Residential Tenancies Act.
- Request all communications in writing for your records.
- If they persist, you can contact the Service Alberta – Consumer Investigations Unit to report the practice.
Your Rights and Where to Get Help
In Alberta, tenancy disputes and complaints are overseen by the Residential Tenancy Dispute Resolution Service (RTDRS) and Service Alberta. The RTDRS provides a faster and more accessible alternative than going to court, and is available throughout Alberta for most tenant–landlord matters.
If you are unsure about your rights, you can learn more at Tenant Rights and Landlord Rights in Alberta or Find rental homes across Canada on Houseme.
Related Topics for Tenants
- For advice after signing your lease, see What Tenants Need to Know After Signing the Rental Agreement.
- If you have questions about paying rent, visit Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.
FAQs About Rental Application Fees in Alberta
- Are landlords allowed to charge screening or application fees in Alberta?
No, landlords are not allowed to charge tenants any application, screening, or processing fees. Only security deposits and rent payments are legal. - What should I do if a landlord insists on an application fee?
Inform the landlord that this practice is not permitted under Alberta law, and consider reporting it to Service Alberta if they persist. - Can landlords ask for deposits other than the security deposit?
No, landlords cannot collect any deposit other than a security deposit (up to one month’s rent). - Do I get my security deposit back?
Yes, if you meet the conditions at the end of your tenancy and the property is left in good condition, your security deposit should be returned with interest, as per the law. - Who enforces tenancy laws in Alberta?
The Residential Tenancy Dispute Resolution Service (RTDRS) and Service Alberta enforce rental laws and resolve disputes in Alberta.
Key Takeaways
- Rental application fees are not legal for residential properties in Alberta.
- Landlords may only request a refundable security deposit (up to one month’s rent) and first month’s rent upfront.
- Keep records and seek help from official sources if you’re asked to pay unlawful fees.
Need Help? Resources for Tenants
- Alberta Residential Tenancies Act (Official Legislation)
- Residential Tenancy Dispute Resolution Service (RTDRS)
- Consumer Investigations Unit (Service Alberta) – For reporting unlawful rental practices: 1-877-427-4088
- Tenant Rights and Landlord Rights in Alberta
- Legal clinics: Centre for Public Legal Education Alberta
- Government of Alberta. Residential Tenancies Act
- Government of Alberta. A Guide to Residential Tenancies in Alberta
- Government of Alberta. Residential Tenancy Dispute Resolution Service (RTDRS)
- Government of Alberta. Inspection Reports: Before you move in
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