Can my landlord keep my security deposit because of normal wear and tear?

No. Landlords can only deduct for damage beyond normal wear. Any deduction requires a detailed written statement and proof of repairs or cleaning costs.

What if my landlord is not fixing safety or health hazards?

Document the issue and give written notice to your landlord first. If the problem continues, you can apply to the RTDRS or contact Alberta Health Services for inspection.

How much notice must my landlord give before eviction?

This depends on the reason, but most termination notices require at least 14 days for significant breaches, or longer in some cases. All notice requirements are outlined in the RTA.

Can I appeal an RTDRS decision if I disagree?

Yes. You can file an appeal with the Court of King’s Bench within 30 days if you believe there was a legal mistake in the RTDRS decision.

Landmark Tenant-Rights Cases Every Alberta Renter Should Know

Legal Precedents & Case Summaries Alberta published: June 19, 2025

Alberta tenants facing rental disputes can benefit from understanding past legal decisions that shape the province’s tenant protections. Landmark cases highlight how Alberta’s Residential Tenancies Act is interpreted, ensuring both tenant rights and landlord responsibilities are fairly upheld. This guide covers leading decisions and how they impact your rights—and what to do if similar issues arise.

Key Decision-Making Bodies and Laws in Alberta

Most rental disputes in Alberta are handled by the Residential Tenancy Dispute Resolution Service (RTDRS) or the provincial courts. These bodies interpret the Residential Tenancies Act (RTA), which is the main law protecting tenants in Alberta.^[1]

Understanding celebrated RTDRS and court cases can help you know what protections exist for rent payments, deposit returns, repairs, and eviction procedures.

Famous Alberta Tenant-Rights Cases and Why They Matter

The following landmark cases have clarified or strengthened tenant protections in Alberta. While each case is unique, courts and tribunals often refer to these decisions as guidance when solving similar disagreements.

1. Security Deposit Return: Landlord Obligations

In Syed v. Pemberton's Tenant Services Ltd. (2014), the RTDRS confirmed that landlords must return security deposits within 10 days after a tenancy ends—unless deductions for damage are properly documented and provided to the tenant. Failure to comply can result in the landlord being ordered to pay the deposit back plus damages.^[2]

Tenants should ensure they receive a written statement outlining any deductions.
Always request a move-out inspection report to compare with your move-in inspection.

For a practical guide to security deposits, see: Understanding Rental Deposits: What Tenants Need to Know.

2. Habitability and Health Standards

In Barber v. MacAlpine (2007), the court found that tenants have the right to a safe and healthy living environment under the RTA. If a landlord fails to fix persistent issues like mold or heating problems—even after being notified—they may be ordered to make repairs or compensate the tenant.^[3]

Tenants who experience maintenance delays should keep records and notify landlords in writing.
If unresolved, tenants can file a maintenance complaint to the RTDRS or public health authorities.

For more on health and safety, visit: Health and Safety Issues Every Tenant Should Know When Renting.

3. Unlawful Eviction and Required Notice

The RTDRS case Birch v. 123456 Alberta Ltd. (2018) set a strong precedent for eviction rules. The tribunal ruled that landlords must strictly follow notice requirements and can’t evict without proper cause or valid written notice periods as defined in the RTA. If the law isn’t observed, tenants may be entitled to stay or recover damages.^[4]

Never leave your unit unless you’ve received official written notice according to the RTA.
If threatened with illegal eviction, gather documentation and contact the RTDRS right away.

Key Forms for Alberta Tenants in Dispute Situations

Tenants who want to assert their rights or respond to a landlord's application will usually use specific provincial forms. Understanding each form's purpose will help you take confident next steps.

RTDRS Application Form – This is the standard form to begin a dispute with your landlord (Form 15).
When & how: File if you have unresolved issues over deposits, repairs, evictions, or other tenancy matters. Complete the application, attach your evidence, and submit to the RTDRS online or in person.
RTDRS Application Form (Form 15)
Notice of Objection Form – Use if you disagree with a landlord’s possession order (Form 12).
When & how: Must be filed within 48 hours after you receive a possession order, to ask for a hearing.
Notice of Objection Form (Form 12)

Check instructions carefully, keep all receipts, and seek advice if unsure. Always submit forms before the deadline shown on your notice or tribunal paperwork.

What These Cases Mean For Alberta Tenants

These decisions help clarify your legal rights and what to expect when disputes arise. Knowing how past cases were solved may help you resolve your issue faster—whether it’s deposit disputes, unlivable conditions, or sudden eviction threats.

Seeking early help and understanding your rights under Alberta’s Residential Tenancies Act can save time, stress, and protect your home.

For everyday rental concerns beyond legal cases—such as repairs, rent payments, or landlord duties—see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Are you searching for a new place to rent? Find rental homes across Canada on Houseme—the all-in-one rental site for Canadian cities.

For a summary of all tenant and landlord legal protections in Alberta, see Tenant Rights and Landlord Rights in Alberta.

Frequently Asked Questions About Alberta Tenant-Rights Cases

Can my landlord keep my security deposit because of normal wear and tear?
No. Landlords can only deduct for damage beyond normal wear. Any deduction requires a detailed written statement and proof of repairs or cleaning costs.
What if my landlord is not fixing safety or health hazards?
Document the issue and give written notice to your landlord first. If the problem continues, you can apply to the RTDRS or contact Alberta Health Services for inspection.
How much notice must my landlord give before eviction?
This depends on the reason, but most termination notices require at least 14 days for significant breaches, or longer in some cases. All notice requirements are outlined in the RTA.
Can I appeal an RTDRS decision if I disagree?
Yes. You can file an appeal with the Court of King’s Bench within 30 days if you believe there was a legal mistake in the RTDRS decision.

Conclusion: Your Takeaways as an Alberta Tenant

Know your rights by reviewing leading Alberta cases and staying informed about the latest legislation.
Keep careful documentation of all communications, inspections, and payments.
If in doubt, contact the RTDRS or a tenant support service quickly for help.

Proactive tenants who understand key legal precedents and take timely action are in the best position to resolve disputes and protect their homes.