Rent Arrears Repayment Plans in Alberta: Tenant Rights Explained
Falling behind on rent can cause anxiety for Alberta tenants, but knowing your rights and options for setting up a rent arrears repayment plan can help you stay housed and resolve the situation clearly and legally. If you are facing difficulty paying your rent, Alberta law sets clear processes for how you and your landlord can work out a reasonable plan. This article guides you through rent arrears repayment plans, your rights, and practical steps to avoid eviction and resolve outstanding rent.
What Are Rent Arrears and Repayment Plans?
Rent arrears are overdue rent payments that have not been paid on time according to your rental agreement. When a tenant is behind, a repayment plan is a formal agreement between the tenant and landlord to pay back the owed amount in scheduled installments while continuing to pay ongoing rent.
Setting up a repayment plan can prevent eviction and help maintain a respectful landlord-tenant relationship. Plans typically outline:
- The full amount of rent owing
- Installment amounts and due dates
- How future rent is to be paid
- Consequences if the plan is not followed
Your Rights and Legal Protections as a Tenant in Alberta
As a tenant in Alberta, you are protected under the Residential Tenancies Act (RTA)[1]. Alberta's RTA sets out your rights when you are facing rent arrears, including how and when a landlord can issue eviction notices and your right to negotiate a repayment arrangement.
Notices and Forms
If you do not pay your rent on time, your landlord may serve you a 14-Day Notice to Terminate Tenancy for Non-Payment of Rent (no official form – usually a written notice stating amount owed and the move-out date). You can void the notice by paying all arrears before the notice period ends. In some cases, you and your landlord can agree in writing to a repayment plan instead—make sure this is a signed document.
If your landlord applies for eviction through the tribunal, the main form used is:
- Application for Remedy (Form RTDRS-12) – used by landlords and tenants to request decisions from the Residential Tenancy Dispute Resolution Service (RTDRS). For tenants, this can be used to dispute termination notices or seek extra time to pay rent.
Example: If you need the tribunal to approve a revised payment schedule, you could use this form.
How to Set Up a Rent Arrears Repayment Plan
Repayment plans work best when they are:
- Written and signed by both tenant and landlord
- Realistic about what you can afford
- Clear about consequences if you fall behind again
Here's a step-by-step overview for Alberta tenants:
- Speak to your landlord as soon as you realize you can't pay rent in full. Propose a repayment schedule in writing.
- Outline terms: amount owed, installment payments, dates, and payment method. Always keep a copy of any agreement.
- If you receive a termination notice, act fast. Try to pay the arrears or negotiate a plan before the notice expires.
- If you need help negotiating or if your landlord refuses, consider applying to the Residential Tenancy Dispute Resolution Service (RTDRS) to request extra time or a formal payment plan.
- If you reach an agreement, follow it closely. If your financial situation changes, contact your landlord or RTDRS immediately.
Sticking to a settlement plan can avoid further legal action and negative impacts on your rental record. Tenants should also review the Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips for more practical advice on managing rent payments.
What Happens If You Can’t Pay or Don’t Follow the Plan?
If you miss payments under the plan, your landlord may proceed with eviction through the RTDRS or court. However, the tribunal looks at your effort to pay—proof of negotiation and good faith can help your case. You are always entitled to present your situation before any final eviction decision.
For more on your broader tenant rights and obligations, see Tenant Rights and Landlord Rights in Alberta.
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Related Tips and Responsibilities
Repayment plans are just one part of what tenants should know after moving in. Understanding your responsibilities—like keeping in touch with your landlord and maintaining clear records—can support a positive renting experience. For comprehensive details, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
FAQ: Rent Arrears Repayment Plans in Alberta
- Can my landlord refuse to accept a repayment plan?
Landlords are not required to accept a plan, but they are encouraged to work with tenants. If you are served an eviction notice, you can ask the RTDRS to approve a fair repayment schedule. - Do I need a formal written agreement for a repayment plan?
Yes. Always get the agreement in writing, signed by both parties. Keep a copy for your records in case disputes arise. - What forms do I use if I can't reach an agreement?
Use the Application for Remedy (Form RTDRS-12) to request extra time to pay or dispute an eviction notice. - Will a repayment plan affect my rental history or future rentals?
Making and following a plan shows responsibility and may help protect your rental history. Non-payment and eviction could impact renting in the future. - Where can I find official tribunal help for tenants in Alberta?
The Residential Tenancy Dispute Resolution Service (RTDRS) can help with payment disputes, eviction notices, and repayment plans.
Key Takeaways
- Tenants can request rent arrears repayment plans to avoid eviction in Alberta.
- Get repayment agreements in writing and act promptly if you receive a termination notice.
- The RTDRS can help if you can't reach a solution with your landlord.
Need Help? Resources for Tenants
- Residential Tenancy Dispute Resolution Service (RTDRS) – Quick dispute resolution and information for tenants and landlords in Alberta.
- Alberta Residential Tenancies (Government of Alberta) – Official guides, forms, and contacts.
- Centre for Public Legal Education Alberta (CPLEA) – Tenant law information, self-help guides, and referrals.
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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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