With the rise of platforms like Airbnb, tenants in Alberta are increasingly curious about their rights—and risks—when it comes to subletting their unit for short-term rentals. If you've considered or been accused of using your rental for short-term stays, it is important to understand the legal landscape, real case outcomes, and Alberta’s unique tenancy laws. This article gives tenants practical, up-to-date guidance based on Alberta Residential Tenancy Dispute Resolution Service (RTDRS) cases and provincial laws.

Understanding Short-Term Rental Subletting in Alberta

Subletting occurs when a tenant rents out all or part of their rental unit to another person. In Alberta, subletting for short-term rentals (like Airbnb or Vrbo) can be particularly tricky. Most standard leases restrict subletting without the landlord’s consent, and some specifically prohibit short-term sublets due to insurance, safety, and property management reasons.

The Legal Framework

• Legislation: The Residential Tenancies Act (Alberta) governs residential tenancies and sets out both tenant and landlord rights regarding subletting and assignments.¹
• Tribunal: The Residential Tenancy Dispute Resolution Service (RTDRS) hears disputes involving subletting and short-term rental cases.²

Tenant Rights and Landlord Rights in Alberta provides a comprehensive overview of Alberta’s tenant-landlord regulations, including subletting rules and best practices.

Typical Short-Term Rental Disputes

Most legal disputes arise when:

• A tenant sublets via a short-term rental platform without written permission
• The lease specifically forbids subletting or commercial activity
• Subletting leads to disturbances, insurance issues, or damages

Key Alberta Case Summaries

Every situation is unique, but several RTDRS and provincial court cases have established important guidelines on short-term rental subletting:

• Landlord Consent Is Required: In Alberta, a tenant must obtain written consent from the landlord to sublet (including for short-term rentals). If consent is unreasonably withheld, tenants may appeal to the RTDRS.
• Legal Consequences for Unapproved Subletting: Tenants who sublet without approval can face eviction and be held liable for damages or loss of rent.³
• Tribunal Decisions: The RTDRS typically sides with landlords when there is a clear lease prohibition or when the sublet caused disturbance, but may show flexibility if the landlord’s refusal was unreasonable and the sublet caused no harm.

Common Lease Clauses to Watch For

Review your lease for:

• No Subletting Clauses: Explicit bans on subletting or using the property for short-term stays.
• Consent Clauses: Terms requiring written landlord approval for subletting.
• Commercial Use Restrictions: Bans on using the property for commercial activities (which usually covers short-term renting).

Have a question about what your lease allows? See What Tenants Need to Know After Signing the Rental Agreement for more on understanding your contract and rights.

Relevant Forms and How to Use Them

• Notice of Tenant's Intention to Sublet or Assign (Form 10):
  You need to serve this form to your landlord if you intend to sublet or assign your rental. It must describe the terms and the new occupant. Official Form 10. For example, if you are going to be away for two months and want a friend to rent your unit during that time, file this form before proceeding.⁴
• Application to RTDRS:
  If your landlord unreasonably withholds consent or you face eviction due to subletting, complete the RTDRS Application Form and submit online or in person. Tenants use this to resolve disputes about alleged unauthorized subletting or to appeal an eviction notice related to short-term rentals.²

What Happens If You Sublet Without Permission?

If you sublet for short-term stays without written landlord consent:

• The landlord may serve a notice to terminate your tenancy for breach of lease.
• You have the right to dispute the notice with the RTDRS by filing an application promptly.
• If damages or noise complaints resulted from the sublet, you may be held financially responsible.

It’s essential to act quickly if you receive a warning or eviction notice. Gathering documentation—such as emails about consent requests and lease copies—can help your case.

Action Steps for Tenants Facing a Dispute

If you’re dealing with a landlord-tenant dispute about alleged unauthorized subletting:

• Review your lease agreement for subletting and short-term rental clauses.
• Request consent using Form 10 if you wish to sublet.
• If issued a termination or eviction notice, respond promptly and consider filing a dispute with RTDRS.

For tenants interested in moving or seeking a new place, Browse apartments for rent in Canada for a wide selection of listings tailored to your needs.

FAQ: Alberta Short-Term Subletting for Tenants

1. Can my landlord refuse to let me sublet my apartment for short-term rentals?
   Yes, landlords can refuse subletting—especially for short-term rentals—if the lease prohibits it or for reasonable grounds such as security, insurance, or safety concerns.
2. What can I do if my landlord unreasonably denies my request to sublet?
   You may apply to the Residential Tenancy Dispute Resolution Service (RTDRS) to resolve the dispute and seek permission to sublet if you believe the refusal is unreasonable.
3. Can I be evicted for short-term subletting without consent?
   Yes. If you sublet without written approval, your landlord can serve a termination notice, and you may be evicted if the tribunal finds you breached your lease or Alberta law.
4. Do I need to use a specific form to request approval?
   Yes, use the 'Notice of Tenant's Intention to Sublet or Assign' (Form 10). Provide this to your landlord along with details of the proposed subtenant or arrangement.
5. Where can I find out more about my rights as a tenant in Alberta?
   You can learn more at Tenant Rights and Landlord Rights in Alberta, which offers details on leases, subletting, and dispute resolution.

Conclusion: Tenant Key Takeaways

• Always get your landlord’s written consent before any sublet, especially for short-term rentals.
• Breaching lease subletting clauses can result in eviction and loss of rental privileges.
• The RTDRS offers a fair, efficient dispute process if you and your landlord disagree about subletting.

Understanding these rules can help you avoid costly mistakes and protect your tenancy rights.

Need Help? Resources for Tenants

• Residential Tenancy Dispute Resolution Service (RTDRS): File disputes, access forms, and learn more about your rights.
• Service Alberta: Residential Tenancies: Guides on subletting, forms, and tenancy law.
• Canadian Mental Health Association - Renting Basics Alberta
• Explore Tenant Rights and Landlord Rights in Alberta for provincial facts and helpful links.

---

1. Residential Tenancies Act, Alberta, official legislation
2. Residential Tenancy Dispute Resolution Service (RTDRS), official website
3. RTDRS Common Decisions: Short-Term Rentals & Unauthorized Subletting, see Alberta RTDRS decision archives
4. Form 10 – Notice of Tenant's Intention to Sublet or Assign, official form link

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy