Facing mold, pests, or other health hazards can be a stressful experience for Alberta renters. Knowing your rights and the steps you can take to address these issues will help keep your home safe, healthy, and comfortable. This guide provides plain-language advice and references to the specific legal protections available to tenants in Alberta.
Your Right to a Safe and Healthy Rental
In Alberta, landlords must provide and maintain rental properties in a condition that is safe, sanitary, and suitable for occupancy. This includes addressing issues like mold, pest infestations, and hazards to health. These obligations come from the Residential Tenancies Act and the Public Health Act[1]. Tenants also have a duty to keep the home reasonably clean and report problems quickly.
Common Health Hazards: What Counts?
- Mold and Mildew: Growth of mold due to water leaks, flooding, or poor ventilation can cause respiratory problems and allergic reactions.
- Pest Infestations: Mice, cockroaches, bed bugs, and other pests can spread disease and make the home uninhabitable.
- Other Hazards: Exposed wiring, lack of heat, lead paint, asbestos, or water that’s unsafe to drink.
If these hazards exist and you’ve reported them to your landlord, you have options to ensure your health and safety are protected.
What To Do If You Find Mold or Pests
If you discover mold or a pest problem:
- Document the issue: Take clear photos and make notes of where and when you noticed the problem.
- Notify your landlord in writing as soon as possible. Email is often best so you have a record.
- If the landlord does not act promptly, escalate the issue appropriately (see below).
If your health or safety is in danger, act quickly and keep a written record of all communication with your landlord.
Landlord’s Responsibility
Alberta law requires landlords to handle health hazards like mold and pests as soon as they become aware of them. For details about roles, read Health and Safety Issues Every Tenant Should Know When Renting.
Reporting to Alberta Health Services
If your landlord doesn’t respond to requests for repairs or pest control, you can contact Alberta Health Services Environmental Public Health. An inspector may visit your unit, assess the situation, and order the landlord to fix the problem if needed.
Remember to stay in touch with your landlord throughout this process and provide every opportunity for them to remedy the issues first.
Filing a Complaint or Seeking Repairs
If the health hazard persists, tenants may apply to the Residential Tenancy Dispute Resolution Service (RTDRS) or the Alberta Courts.
The RTDRS hears disputes related to repairs, health and safety obligations, rent, and other major tenancy matters. You can use the RTDRS application form if the landlord fails to address mold, pest infestations, or other hazards.
Relevant Forms and How To Use Them
- RTDRS Application (RTDRS 1): Use this form if your landlord has not addressed hazardous conditions in your rental. It is available through the RTDRS website.
Example: You have mold that hasn't been fixed after notifying the landlord—submit the RTDRS application to seek an order requiring repairs. Access the RTDRS Application Form - Public Health Complaint Form: Use this online form to report health hazards directly to Alberta Health Services if urgent action is required. Report a health concern
For further details on common challenges like infestation and remediation, see Dealing with Pests in Your Rental: Tenant Rights and Effective Solutions.
Moving In or Out with Health Concerns
If you’re moving in or suspect issues upon arrival, do a thorough inspection and report problems immediately. Before moving out, ensure all damage or health hazards are documented in writing. More tips can be found in Essential Tips for Tenants When Moving Into a New Rental Home.
Know Your Rights: Alberta Legislation and Where to Get Help
All tenant protections regarding mold, pests, and repairs fall under the Residential Tenancies Act (RTA) and the Public Health Act. These acts detail the legal rights and obligations for landlords and tenants in Alberta. The Alberta Residential Tenancy Dispute Resolution Service (RTDRS) handles most tenant-landlord disputes without having to go to court.
For a full overview of the law and your rights in Alberta, visit Tenant Rights and Landlord Rights in Alberta.
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Frequently Asked Questions
- What should I do first if I find mold or pests in my Alberta rental?
Document the problem (photos, notes) and notify your landlord in writing as soon as possible. Keep copies of all communications. - Is my landlord required to fix health hazards like mold or infestations?
Yes, landlords must ensure the property is habitable and address health and safety risks promptly under Alberta law. - Can I withhold rent if my landlord doesn't fix a serious health issue?
No. In Alberta, withholding rent can lead to eviction. Instead, file a complaint with Alberta Health Services or apply to the RTDRS for a repair order. - What’s the role of the RTDRS when it comes to health hazards?
The RTDRS provides a quicker, less expensive process than court for tenants to seek repairs or orders for unsafe living conditions. - Where can I get free advice about my rights as a tenant?
You can contact the Alberta Residential Tenancy Dispute Resolution Service (RTDRS), Alberta Health Services Environmental Public Health, or tenant advocacy groups listed below.
Key Takeaways for Alberta Tenants
- Landlords are legally responsible for providing safe, healthy, and pest-free rentals.
- Act promptly: Notify landlords in writing and document all communications and issues.
- For unresolved hazards, file complaints with Alberta Health Services or apply to the RTDRS using official forms.
Need Help? Resources for Tenants
- Residential Tenancy Dispute Resolution Service (RTDRS) – Apply for orders, get dispute information
- Alberta Health Services Environmental Public Health – Report urgent health/safety hazards
- Centre for Public Legal Education Alberta (CPLEA) – Tenant information booklets and guides
- Service Alberta – Landlords and Tenants
- See: Residential Tenancies Act and Public Health Act (Alberta)
