If you're renting in Alberta, understanding which fees your landlord is legally allowed to charge—and which ones are prohibited—is key to protecting your rights. Many tenants are surprised to find unauthorized or excessive charges on their rental invoices or lease agreements. This guide highlights the most common illegal fees tenants should watch out for, how Alberta’s tenancy laws protect you, and what steps you can take if you face unlawful charges.

What Makes a Rental Fee 'Illegal' in Alberta?

In Alberta, rental fees are governed by the Residential Tenancies Act. Landlords may only charge fees that are specifically allowed under this legislation. If a fee isn’t listed as permitted under the law, your landlord cannot legally require you to pay it.

Examples of Common Illegal Fees

Here are some common fees that landlords in Alberta cannot legally charge tenants:

• Move-in or Move-out Fees: Charging a tenant simply for moving in or out is not permitted.
• Administrative or Processing Charges: Unless it’s for a valid additional service (like lost keys), administrative ‘setup’ or ‘paperwork’ fees are generally not allowed.
• Non-refundable Cleaning Fees: Landlords can only deduct cleaning costs from your security deposit if needed after you move out, and must provide receipts or justification.
• Mandatory Carpet Cleaning or Professional Cleaning Fees: While landlords can deduct for cleaning if the property isn't left reasonably clean, blanket or upfront cleaning charges are usually unlawful.
• Prepaid Damage or Security Deposits exceeding one month’s rent: Alberta law caps security deposits at the equivalent of one month’s rent—no extras permitted.
  For more on deposit rules, see Understanding Rental Deposits: What Tenants Need to Know.
• Pet Fees (Non-Refundable): While landlords may request a refundable pet deposit (up to the maximum allowed for security deposits), non-refundable pet fees are not legal.^[1]
• Fees for 'Normal Wear and Tear' Maintenance: Regular maintenance and repairs are the landlord’s responsibility. Charging for these is not permitted.
  Review your Obligations of Landlords and Tenants: Rights and Responsibilities Explained for more details.

Generally, if a fee isn’t clearly outlined in Alberta law, is excessive, or goes beyond what the law permits, it’s likely illegal.

Permitted Fees and Deposits in Alberta

Some charges are allowed under the law. These include:

• Security (Damage) Deposit: Up to one month’s rent, refundable at end of tenancy unless there are legitimate damages.
• Optional Service Fees: If you agree in writing to pay for extras like parking stalls or additional storage, those can be charged.
• NSF (Non-Sufficient Funds) Fees: If your rent cheque bounces, landlords may charge a reasonable NSF fee (often noted in the lease).

Fees above and beyond these—especially those that are required and non-refundable—are usually unlawful.

What To Do If You're Charged an Illegal Fee

If you see a questionable fee in your lease or are asked to pay an unusual charge, take these steps:

• Ask your landlord for a clear explanation—in writing—of the reason for the fee.
• Refer them to the Residential Tenancies Act, specifying that only permitted fees can be charged.
• Do not pay the fee unless you verify it is legal.
• If the landlord insists, keep records of all communications.
• Contact Alberta’s Residential Tenancy Dispute Resolution Service (RTDRS) if the issue is not resolved.

The Residential Tenancy Dispute Resolution Service (RTDRS) is the tribunal that handles tenancy disputes in Alberta, including illegal fee claims.

How to File a Complaint in Alberta

If negotiation fails, you can formally dispute an illegal fee by applying to the RTDRS. Here’s how:

• Step 1: Fill out a ‘Tenant Application’ (RTDRS Form). Use this if you want to recover fees paid or prevent your landlord from collecting them.
• Step 2: Gather evidence, including your lease, communications, and any receipts or requests for payment.
• Step 3: Submit your form online, by mail, or in person. The RTDRS will review your case, and a hearing will be scheduled.

The application fee and process details are available on the official RTDRS site.

Other Tenant Concerns

Illegal fees often come up alongside other rental issues, including disputes about repairs or landlord responsibilities. For more on common hurdles renters face and how to resolve them, see Common Issues Tenants Face and How to Resolve Them.

Looking for your next place or want to compare your current rent? Explore Houseme for nationwide rental listings—including major cities throughout Alberta and across Canada.

For a full overview of your rights as a tenant in the province, visit the Tenant Rights and Landlord Rights in Alberta facts page.

Frequently Asked Questions About Illegal Fees in Alberta

1. Can my landlord charge a fee for routine repairs or maintenance?
   No. In Alberta, maintenance and repairs due to normal wear and tear are the landlord’s responsibility and you cannot be charged for them.
2. Is it legal for my landlord to require a non-refundable cleaning or pet fee?
   No. Non-refundable cleaning or pet fees are not permitted under the Residential Tenancies Act. Only refundable deposits are allowed, and they cannot exceed one month’s rent in total.
3. What should I do if I’ve already paid an illegal fee?
   Ask your landlord in writing for a refund, referring to the law. If they refuse, you can file a dispute through the RTDRS using their application form.
4. Can my landlord enforce an illegal fee if it’s listed in the lease?
   No. Even if a fee appears in the lease, if it isn’t allowed by Alberta’s tenancy law, it cannot be enforced.

Key Takeaways for Alberta Tenants

• Only pay fees that are specifically permitted by Alberta’s Residential Tenancies Act.
• Non-refundable move-in, cleaning, and administrative fees are generally illegal.
• Use the RTDRS if you need to formally dispute an unlawful fee or recover money paid in error.

Being proactive and knowing your rights is the best way to avoid unexpected—and unlawful—charges.

Need Help? Resources for Tenants

• Alberta Residential Tenancies Act (RTA)
• Residential Tenancy Dispute Resolution Service (RTDRS)
• Service Alberta: Tips for Tenants and Landlords
• Local legal clinics and the Centre for Public Legal Education Alberta (CPLEA) also offer advice and tenant advocacy.

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1. Alberta Residential Tenancies Act: Official legislation text
2. Alberta RTDRS: Tenant dispute tribunal site
3. Service Alberta—Tenancies: Official forms and consumer information

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