If you're renting in Alberta or considering a shared housing arrangement, it's vital to understand the difference between a leaseholder and an occupant. This distinction affects your legal rights, responsibilities, and what to expect if issues arise with your landlord or roommates.

Understanding Leaseholders and Occupants in Alberta

Alberta's rental laws clearly distinguish between leaseholders and occupants in shared living situations. Knowing where you stand can protect you from unexpected disputes or legal issues down the line.

What Is a Leaseholder?

A leaseholder (also called a "tenant" or "principal tenant") is a person who has signed a rental agreement directly with the landlord. Leaseholders are recognized under Alberta's Residential Tenancies Act¹ and hold the primary legal relationship with the landlord. Their responsibilities typically include:

• Paying rent directly to the landlord
• Ensuring property maintenance and care
• Communicating with the landlord about repairs, issues, or notices
• Following the terms of the lease agreement

Leaseholders can sometimes sublet or add additional occupants to the unit, but they must follow the rules in their lease and Alberta law.

Who Is an Occupant?

An occupant is someone who lives in the rental unit but hasn't signed the lease or rental agreement. Examples include roommates who move in after the lease is signed, partners, or friends who share the space informally. Occupants generally:

• Do not have a direct legal relationship with the landlord
• Have rights and obligations defined by their agreement with the leaseholder—not the landlord
• Are not considered tenants under Alberta's Residential Tenancies Act

If you're an occupant, the leaseholder is responsible for your conduct and any damages you cause.

Why Does the Difference Matter?

The leaseholder vs occupant distinction in Alberta impacts your ability to:

• Enforce your rental rights with the landlord directly
• Receive official notices (such as eviction or rent increase letters)
• Be held responsible for paying rent or damages

Leaseholders have full protection under the Residential Tenancies Act, while occupants do not. As an occupant, your rights are limited to any arrangement you have with the main tenant (leaseholder).

Key Legal Rights and Obligations

Here's a high-level summary of what leaseholders and occupants can expect regarding their legal standing in Alberta rentals:

• Leaseholders: Can file complaints, receive official notices, and have the right to stay in the unit (unless proper notice is given by the landlord).
• Occupants: Cannot usually file disputes with the landlord or Alberta tribunal directly and can be asked to leave by the leaseholder unless their own agreement states otherwise.

For more information about your general tenant and landlord rights, see Tenant Rights and Landlord Rights in Alberta.

Forms and Official Processes

Tenancy forms mainly apply to leaseholders. Here are a few important ones for Alberta:

• Notice to Terminate a Periodic Tenancy (Form RTB-29): Used by the landlord or leaseholder to end a periodic tenancy.
  When to use: If you're the leaseholder and need to move out, you can use this form to give proper notice to your landlord. Access the official form and instructions.
• Application for a Residential Tenancy Dispute Resolution Service (RTDRS Application): Allows leaseholders to resolve disputes with landlords (e.g., deposit, repairs, eviction).
  Example: If you're a leaseholder and your landlord is withholding your deposit after you move out, you can file this form to the RTDRS. Apply online or download the form here.

Tribunal or Board for Tenancy Issues

Residential tenancy disputes in Alberta are handled by the Residential Tenancy Dispute Resolution Service (RTDRS). The RTDRS provides an alternative to court for most tenant-landlord issues, but only leaseholders are generally eligible to apply.

Living with Roommates: Practical Considerations

Roommate situations can get complicated. To protect your interests:

• Always clarify who is the leaseholder vs occupant
• Put any roommate agreement in writing
• Decide how rent, utilities, and damages will be shared
• Discuss what happens if someone wants to move out early

For more on shared responsibilities in rentals, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained. If you're moving in, it also helps to read Understanding Rental Deposits: What Tenants Need to Know for details on deposits in shared situations.

Can an Occupant Become a Leaseholder?

Sometimes! If the landlord agrees, an occupant can be added to the lease (often with a written amendment). The landlord may require a new application, background check, or reference.

For those searching for shared housing or moving to a new city in Canada, Houseme - your rental solution in Canada offers an easy way to browse options and find roommate-friendly rentals.

FAQ: Leaseholders and Occupants in Alberta

1. Who can apply to Alberta's tenancy tribunal if there is a dispute?
   Only the leaseholder (the person named on the rental agreement) can generally apply to the RTDRS for official dispute resolution with the landlord. Occupants must settle issues with the leaseholder unless they're added to the lease.
2. What happens if a roommate does not pay their share of rent?
   The leaseholder is always responsible to the landlord for the full rent. If an occupant fails to pay, the leaseholder can seek repayment from them, but the landlord can pursue the leaseholder for the total amount.
3. Can an occupant be evicted by the landlord?
   The landlord can only end the tenancy by serving proper notice to the leaseholder. Occupants are not directly protected by Alberta's tenancy laws, so they may be asked to leave if the leaseholder is evicted or ends their tenancy.
4. Do occupants have to pay a security deposit?
   Security deposits are usually paid by the leaseholder to the landlord. Leaseholders may request a deposit from occupants, but this is a separate, private arrangement.
5. Is a written roommate agreement legally binding in Alberta?
   Roommate agreements are private contracts between tenants and/or occupants. While not covered by the Residential Tenancies Act, they can be enforced in small claims court if properly written and signed.

Conclusion: What Alberta Tenants Should Remember

Understanding whether you're a leaseholder or occupant shapes your rights in Alberta rentals. Key takeaways:

• Leaseholders have the legal relationship with landlords and greater protection.
• Occupants must rely on agreements with leaseholders for their rights.
• Get everything in writing and clarify everyone's role to avoid disputes.

Being aware of your position helps you avoid common issues in shared housing.

Need Help? Resources for Tenants

• Alberta Residential Tenancies Act – Official legislation
• Residential Tenancy Dispute Resolution Service (RTDRS) – Tribunal for rental disputes
• Service Alberta: Landlords & Tenants – Advice and forms
• Tenant Rights and Landlord Rights in Alberta – Plain-language guide
• Dial 310-0000 (toll-free in Alberta) for government tenant assistance

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1. Alberta Residential Tenancies Act: Complete legislation and updates
2. Residential Tenancy Dispute Resolution Service (RTDRS): Tribunal info and applications
3. Service Alberta, Landlord and Tenant Advice: Official resource

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