Legal Protections for Alberta Tenants with Mental Illness
Tenants in Alberta are protected by provincial and federal laws ensuring equal treatment and protection from discrimination—especially for those living with a mental illness. This guide explains these laws, how to respond to discrimination, and the support available if you’re a tenant experiencing mental health challenges.
Understanding Discrimination in Rental Housing
Discrimination is treating someone unfairly because of a personal characteristic. In Alberta, the Alberta Human Rights Act makes it illegal for landlords to treat you differently—or deny you housing—because of a "mental disability," which covers mental illnesses and psychiatric disabilities.[1] Examples of discriminatory behaviour include:
- Refusing to rent to someone who discloses a mental illness
- Evicting a tenant because of their mental health diagnosis
- Denying accommodation (like a service animal or schedule adjustment) related to a mental illness
Both the Alberta Human Rights Commission and Canada’s Charter of Rights and Freedoms support equal access and fair housing for all, including those with mental illness. For a summary of property and tenant rights in Alberta, visit Tenant Rights and Landlord Rights in Alberta.
Your Right to Reasonable Accommodation
If you live with a mental illness, you may have the right to a reasonable accommodation in your rental home. This means your landlord must take steps to support your needs—unless doing so would cause undue hardship (serious financial or health risks to others).
- Examples might include allowing a support animal, adjusting rules or deadlines, or approving minor modifications to help with your housing stability.
If you need help navigating your rights or requesting accommodation, organizations like the Alberta Human Rights Commission can offer guidance.
How to Respond If You Experience Discrimination
If you believe you are being discriminated against because of a mental illness, here are steps you can take:
- Document what happened: Keep a written record of dates, details, and people involved.
- Communicate your needs in writing: Explain (politely and clearly) what you’re requesting as an accommodation.
- Contact the Alberta Human Rights Commission: You can file a human rights complaint if your landlord refuses to accommodate or treats you unfairly.
- Apply to the Residential Tenancy Dispute Resolution Service (RTDRS): For tenancy issues like evictions, maintenance, or lockouts, Alberta tenants can apply to this tribunal for a fast, low-cost hearing. Visit the RTDRS official website to learn more.
For a detailed breakdown of ongoing tenant obligations or rights, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Filing a Human Rights Complaint
If you decide to proceed, the Alberta Human Rights Commission uses the Complaint Form available on their website. It helps you submit your situation officially. Here’s how:
- When to use it: Any time you believe you’ve faced direct, indirect, or systemic discrimination due to mental illness in renting, lease renewal, or accommodation.
- How to submit: Fill in details about yourself, the incident, and any evidence. You can submit online, by mail, or in person. File a complaint on the Alberta Human Rights Commission site.
Alberta Laws and Tribunals That Protect You
Two key authorities help protect tenants with mental health concerns:
- Alberta Human Rights Commission—handles discrimination and accommodation complaints.
- Residential Tenancies Act (RTA)—sets out tenancy rules, including landlord and tenant rights around eviction, privacy, and dispute resolution.[2]
Understanding your legal footing helps you advocate for fair treatment and stability in your rental home.
Practical Protections: Maintenance, Eviction, and Your Mental Health
Mental health and tenancy can overlap with other housing issues—like repairs, eviction, or notice periods. Under the RTA, all tenants in Alberta have the right to a safe living space and proper notice if facing eviction. Landlords cannot use your mental health status alone as a reason to evict or fail to address repairs.
- For more on rental maintenance or landlord obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
- To understand health standards and safety, view Health and Safety Issues Every Tenant Should Know When Renting.
For those searching for safe, affordable rental options, you can Find rental homes across Canada on Houseme—filtering locations and amenities that support your well-being.
Be proactive: Know your rights and gather written documentation. If you need help, advocacy resources in Alberta are available to guide you through each step.
FAQ: Alberta Tenants & Mental Illness Protections
- Can a landlord ask about my mental health before renting to me?
Landlords cannot ask about or refuse to rent to you because of, your mental health history or diagnosis. Your privacy is protected by law. - What if I need a support animal due to my mental illness?
You may request this as a reasonable accommodation. Provide your landlord with documentation from a medical professional linking your need to your disability. - What should I do if I am served an eviction notice I believe is discriminatory?
Document everything and consider contacting the Alberta Human Rights Commission. You can also apply to the RTDRS for a hearing to challenge your eviction. - Will my landlord know my specific diagnosis if I request accommodation?
No. You are only required to provide enough information to verify the need for accommodation—not disclose your specific condition. - Where can I learn more about general tenant rights in Alberta?
For an overview, visit Tenant Rights and Landlord Rights in Alberta.
Key Takeaways for Alberta Tenants
- Discrimination based on mental illness is illegal in Alberta’s rental housing market.
- You have the right to reasonable accommodation and confidentiality.
- Support is available through the Alberta Human Rights Commission and the RTDRS.
If you stay informed and document your experiences, you can protect your rights and pursue a stable, healthy rental home.
Need Help? Resources for Tenants
- Alberta Human Rights Commission: Advice, complaints, and resources on discrimination. Phone: 780-427-7661
- RTDRS (Residential Tenancy Dispute Resolution Service): Quick, affordable solutions for many tenancy disputes
- Alberta Residential Tenancies Act (RTA): Current legislation
- Tenant advocacy: Alberta Residential Tenancies Advisory Committee (ARTAC)
- Alberta Human Rights Act: see official legislation
- Residential Tenancies Act, Alberta: read the Act here
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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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