Loss of use (often called additional living expenses) happens when a rental becomes partly or fully uninhabitable and a tenant must pay for temporary housing, meals, storage or other costs. In Alberta, tenants and renters should know when these costs can be claimed from a landlord or recovered through insurance, how to document expenses, and which official forms and dispute services to use if agreement cannot be reached. This page explains practical steps, timing, and examples so you can act quickly while protecting your rights and records in Alberta.
When Loss of Use Applies
Loss of use applies when a rental unit is made uninhabitable by events like fire, water damage, severe plumbing failure, or major heating breakdowns. If the damage is the landlords responsibility (for example, failure to repair a long-standing leak), tenants may seek reimbursement for reasonable additional living expenses. If the damage is caused by another tenant or an insured event, tenant insurance may cover costs first, with subrogation or landlord responsibility addressed afterward.[1]
What Counts as Additional Living Expenses
- Temporary accommodation such as a hotel or short-term rental.
- Meals you must buy because your kitchen is unusable.
- Storage fees for furniture and belongings moved out for repairs.
- Reasonable laundry or transportation costs directly related to the displacement.
Steps Tenants Should Take Immediately
- Contact your landlord immediately about the problem and request written confirmation of their plan to repair.
- Document the condition with photos, videos, and dated notes of damage, loss, and conversations.
- Keep all receipts and a clear log of additional expenses and alternative accommodation dates.
- Allow reasonable access for repairs while protecting your privacy and belongings.
Insurance vs. Landlord Responsibility
Tenant insurance often covers additional living expenses for perils listed in the policy (fire, some water damage). If an insurer pays you, they may seek reimbursement from a landlord who is legally responsible. Even if you have insurance, you should notify your landlord and share documentation. If the landlord caused the damage through negligence, you can seek reimbursement directly or apply to the Residential Tenancy Dispute Resolution Service (RTDRS) for resolution.[2]
Official Forms and How to Use Them
Two commonly used official resources in Alberta are the RTDRS application pages and Service Alberta tenant information. Use the RTDRS application to request a hearing when you cannot resolve the dispute with your landlord. Example: if your landlord refuses to reimburse hotel costs after a verified water leak they failed to fix, complete the Application to the Residential Tenancy Dispute Resolution Service to claim the amount with evidence such as receipts and photos. The Service Alberta tenant pages explain rights and obligations and link to statutory guidance under the Residential Tenancies Act.[2]
How to prepare an RTDRS application
- Gather receipts, photos, dated communications, and a short timeline of events.
- Fill out the RTDRS application form clearly listing the amount claimed and attach evidence.
- File early—follow RTDRS filing instructions to avoid delays and meet any deadlines.
What to Expect at a Hearing
At an RTDRS hearing or similar tribunal process, you will present evidence, explain expenses, and respond to landlord claims. Bring originals or clear copies of receipts, a written expense log, and photos. If possible, show a comparison of your regular costs versus the additional costs caused by displacement. The tribunal will evaluate reasonableness, necessity, and any insurance payments already received.
When to Consider Legal Advice
If the amount is large, liability is disputed, or there are complicating factors (like third-party fault), seek legal advice or tenant-help clinics. Small-claims court remains an option if tribunal remedies are insufficient, but tribunals like RTDRS often specialise in tenancy matters and can be quicker and less formal.
FAQ
- Who pays for additional living expenses in Alberta?
- Responsibility depends on the cause: landlords must repair and may be liable if negligence caused the damage, while tenant insurance often covers costs for insured perils.
- Can I move out immediately and claim all costs?
- You should notify the landlord and document conditions; reasonable temporary housing costs are claimable, but avoid unnecessary or excessive expenses.
- What evidence is best for a claim?
- Receipts, dated photos/videos, written logs of expenses, and copies of communications with the landlord are most persuasive.
- Where do I file a dispute in Alberta?
- Many tenancy disputes are filed with the Residential Tenancy Dispute Resolution Service (RTDRS) or through court for larger claims.
How-To
- Notify your landlord in writing about the issue and request repairs.
- Document the units condition with dated photos and keep all receipts for additional costs.
- Contact your tenant insurer to report losses and check coverage for additional living expenses.
- If the landlord refuses reimbursement, complete the RTDRS application and attach your evidence.
- Attend the hearing or settlement meeting and present your organized evidence clearly and concisely.
- If awarded, follow the tribunals order for reimbursement and keep records of any payments received.
Key Takeaways
- Document everything: photos, receipts, dates, and written communication are essential.
- File early with RTDRS or seek advice if the landlord will not reimburse reasonable costs.
- Tenant insurance may cover immediate costs, but landlord liability can still be pursued afterward.
Help and Support / Resources
- Contact Service Alberta - Tenant and landlord rights and responsibilities
- Contact the Residential Tenancy Dispute Resolution Service (RTDRS)
- Residential Tenancies Act (Alberta) - Queens Printer
- [1] Service Alberta - Tenant and landlord rights and responsibilities
- [2] Residential Tenancy Dispute Resolution Service (RTDRS) - Alberta
- [3] Residential Tenancies Act - Queens Printer
For temporary housing while repairs are arranged, you can also search local listings like Edmonton and Calgary rental listings to find short-term options and compare costs.
Related topics: Understanding Rental Deposits: What Tenants Need to Know, Emergency Situations and Repairs: Tenant Rights and Responsibilities, and Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
