Understanding the rights of seniors living in care homes is essential for residents, families, and advocates in Alberta. Regulations around care home tenancies are designed to safeguard seniors' dignity and security while ensuring decent living conditions. This guide explains important legal protections, practical steps, and resources available under Alberta law.

What Are Care Home Tenancies in Alberta?

A care home tenancy in Alberta typically refers to a rental agreement where accommodation and care services—like meals, personal support, or medical supervision—are provided. These arrangements are often found in supportive living lodges or seniors’ homes, and are subject to both the Residential Tenancies Act (RTA)^[1] and special guidelines for care home situations.

Key Rights of Seniors in Care Home Tenancies

Seniors in Alberta care homes (sometimes called "supportive living" or "lodges") benefit from unique tenancy protections in addition to general tenant rights.

• Written Agreements: Care home landlords must provide a written rental agreement specifying living arrangements, services, fees, and care details.
• Notice Requirements: Longer notice periods for eviction or any major change in care or services, allowing seniors and families time to prepare.
• Disclosure: Seniors must receive a clear written statement outlining care services, additional charges, and complaint procedures before signing the agreement.
• Safety and Repairs: The landlord is responsible for maintaining a healthy and safe environment, including handling repairs and safety concerns promptly. For more details, see Health and Safety Issues Every Tenant Should Know When Renting.
• Privacy and Respect: Seniors have a right to privacy and to be treated with dignity in their home.

Security Deposits and Move-In Process

Like other tenants, seniors may be asked for a security deposit, but it cannot exceed one month's rent. Carefully review the description of care services before paying. To understand more, visit Understanding Rental Deposits: What Tenants Need to Know.

Evictions from Care Homes

Seniors in care homes benefit from extra protections:

• Notice to Terminate: Landlords must generally provide at least three months’ written notice if ending the tenancy due to a need for a higher level of care, serious rule violations, or non-payment. Emergency situations (such as health and safety risks) may allow for shorter notice.
• Right to Appeal: Residents have the right to challenge or respond to a notice through Alberta’s formal dispute process.

If you face eviction or conflict, consider the guides on Obligations of Landlords and Tenants: Rights and Responsibilities Explained for further information.

How to Resolve Issues or File Complaints

If a problem arises (like inappropriate fees, lack of care, or safety concerns), seniors or their representatives are encouraged to:

• Raise the issue directly with care home management in writing
• Document any unmet promises, maintenance issues, or changes to care
• Use the official Notice of Objection (Form 10) to dispute eviction or other landlord decisions.
  How it's used: File Form 10 with the Residential Tenancy Dispute Resolution Service (RTDRS) when you disagree with a notice to end tenancy or a major change to services. Download Form 10 — Notice of Objection.
• Keep records of communication and copies of any official forms
• Attend hearings or mediation sessions if scheduled by the RTDRS

The Residential Tenancy Dispute Resolution Service (RTDRS) is the main board handling tenancy disputes in Alberta.

Overview of Applicable Law

The governing law is Alberta’s Residential Tenancies Act. Special rules for seniors’ care homes are primarily outlined in Section 54.1 and related regulations. This law balances the need for safety, dignity, and clear communication regarding care-related rentals in Alberta.

Finding Safe and Suitable Housing for Seniors

Alberta offers a range of supportive living options for seniors, with resources and listings available provincially. For those considering moving or searching for care accommodations in other regions, you can Find rental homes across Canada on Houseme for additional options tailored to diverse needs.

For a more general overview of tenant and landlord laws in the province, visit Tenant Rights and Landlord Rights in Alberta.

Frequently Asked Questions About Seniors in Alberta Care Homes

1. Do seniors in care homes have to sign a rental agreement?
   Yes. Alberta law requires that every care home provide a written rental agreement outlining accommodation details, care services, and all related fees before a tenancy begins.
2. What notice does a landlord have to give to evict a senior from a care home?
   In most situations, landlords must provide a minimum of three months’ written notice, but less notice is permitted for emergencies or safety reasons.
3. Can a care home raise service fees without warning?
   No. Any changes to service fees or living arrangements must be provided in writing, with fair notice, and only as stated in the tenancy agreement.
4. Where do I go if I have a dispute about my care tenancy?
   Seniors or families can file a complaint or objection with the Residential Tenancy Dispute Resolution Service (RTDRS), Alberta’s tenancy tribunal.

Key Takeaways for Seniors in Alberta Care Homes

• Seniors in care homes have additional notice and disclosure rights under Alberta law.
• Rental and service fee increases, as well as eviction, require clear written notice and an opportunity to respond.
• The Residential Tenancy Dispute Resolution Service (RTDRS) is your main resource for help.

Need Help? Resources for Tenants

• Residential Tenancy Dispute Resolution Service (RTDRS): File objections, get tribunal help (1-780-644-3000 or toll-free 310-0000 within Alberta)
• Service Alberta: Consumer Protection for Tenants: Info and assistance for tenant rights
• Alberta Seniors Housing: Information on supportive living and seniors' accommodations
• Centre for Public Legal Education Alberta (CPLEA): Guides and resources for tenants

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1. Alberta Residential Tenancies Act
2. Residential Tenancy Dispute Resolution Service (RTDRS) Alberta
3. Notice of Objection (Form 10)

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