Disputing a Rent Increase in Alberta: A Complete Tenant Guide
If you are a tenant in Alberta and your landlord has issued a rent increase, it's important to understand your legal rights and the proper steps to dispute it if necessary. Navigating rent increase disputes may seem challenging, but the process is clear under Alberta law. This guide explains how to respond effectively and protect your tenancy rights, including when and how to challenge a rent increase with the Residential Tenancy Dispute Resolution Service (RTDRS).
When Can a Landlord Increase Rent in Alberta?
Before disputing a rent increase, ensure your landlord followed the proper legal process. Under the Residential Tenancies Act (Alberta), landlords can increase rent only:
- Once every 12 months for periodic tenancies (e.g., month-to-month or week-to-week)
- Only after the initial fixed-term tenancy has ended (no increases during a fixed-term lease)
- With written notice: 3 full tenancy months' notice for month-to-month, or 12 weeks' notice for week-to-week tenancies
There is no limit on the amount of a rent increase, but it must not be for discriminatory or retaliatory reasons.
Your Rights as a Tenant
As a tenant in Alberta, you have the right to:
- Receive correct notice of a rent increase in writing
- Challenge the increase if it is improper or you believe it is unfair
- Stay in your rental unit while disputing a rent increase (unless you choose to end your tenancy)
Learn more about Obligations of Landlords and Tenants: Rights and Responsibilities Explained to understand your ongoing legal protections.
Steps to Dispute a Rent Increase in Alberta
If you believe a rent increase is invalid (for example, the notice was not served correctly, or the increase is retaliatory), you may formally dispute it. Here’s how you can proceed:
1. Review the Rent Increase Notice
- Check if the notice was in writing and provided with the correct amount of notice.
- Confirm if it follows legal requirements for your tenancy type.
2. Communicate with Your Landlord
- Contact your landlord in writing to state your concerns about the rent increase.
- Keep all correspondence as evidence.
3. File an Application with the RTDRS
If the issue isn’t resolved, you can apply to the Residential Tenancy Dispute Resolution Service (RTDRS). This tribunal offers a faster and less formal way than court to resolve rental issues determined by the Residential Tenancies Act.[1]
- Form: RTDRS Application for Remedy
- Download the RTDRS Application for Remedy Form
- Use this form to request an official decision on your rent increase dispute, include all supporting documents and details
For example, if your landlord gave insufficient notice or is raising rent more than once per year, state this clearly and include any letters or notices received.
4. Present Evidence
- Gather lease agreements, previous rent receipts, written notices from your landlord, and any written communication between you and your landlord.
- Be ready to explain why the increase is invalid, with reference to relevant sections of the Residential Tenancies Act.
5. Await RTDRS Decision
The RTDRS will review your case, and both you and your landlord can present your side. If the tribunal decides in your favour, the rent increase may be overturned or delayed.
Other Important Considerations
- If you need extra support, consider contacting legal clinics or tenant advocacy organizations.
- If you wish to move out due to a rent increase, review your rights and the required notice period.
Understanding your rental agreement is key before taking any step—see What Tenants Need to Know After Signing the Rental Agreement for advice.
For more on how rent is set and increased, review Understanding Rent Increases: What Tenants Need to Know.
To find your next affordable home, Find rental homes across Canada on Houseme.
For province-wide rental facts, see Tenant Rights and Landlord Rights in Alberta.
Frequently Asked Questions About Disputing Rent Increases in Alberta
- Can my landlord increase rent more than once a year in Alberta?
No, Alberta law allows only one rent increase every 12 months for the same tenant in a rental unit. - Is there a limit on how much my landlord can increase the rent?
Alberta does not set a cap on the rent increase amount, but increases must follow legal notice requirements and cannot be discriminatory or retaliatory. - What if my landlord gives less than the required notice for a rent increase?
If the proper written notice is not given, the rent increase is invalid. You can dispute it by first raising the issue with your landlord, then applying to the RTDRS if needed. - Can I be evicted for disputing a rent increase?
No, landlords may not evict tenants in retaliation for exercising their legal rights, including disputing a rent increase. - What happens if I lose my rent increase dispute with the RTDRS?
If the tribunal finds the rent increase valid, you must pay the new rent amount. If you cannot afford it, you may choose to give notice and move out.
Key Takeaways
- Landlords must give proper written notice for rent increases—if not, the increase is invalid.
- Tenants can dispute improper or unfair rent increases through the RTDRS using the official Application for Remedy form.
- Know your legal rights and act quickly if you believe your rent increase is not lawful.
Need Help? Resources for Tenants
- Residential Tenancy Dispute Resolution Service (RTDRS): File disputes or get guidance
- Residential Tenancies Act (Alberta): Review legislation
- Alberta Landlords and Tenants Advisory Boards: Local advice and resources
- Tenant support organizations: Edmonton Community Legal Centre, Calgary Legal Guidance
- For general rental listings and housing search: Find rental homes across Canada on Houseme
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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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