Tenant Notice to Terminate for Substantial Breach in Alberta

If you’re a tenant in Alberta facing serious problems because your landlord isn’t meeting important obligations, you may have the right to end your lease early. This article explains when and how to use the Notice to Landlord to Terminate for Substantial Breach form, so you know your rights and how to protect yourself under Alberta law.

What Is a Substantial Breach by a Landlord?

A substantial breach happens when the landlord seriously fails to meet their legal obligations under your lease or Alberta’s tenancy laws. Some examples include:

• Failing to maintain the rental unit so it’s safe and habitable
• Entering your home without proper notice or without a valid reason
• Not providing essential services like heat, water, or electricity
• Harassment or interfering with your quiet enjoyment

Alberta’s key legislation—the Residential Tenancies Act—clearly outlines a landlord’s duties and a tenant’s right to a livable home.¹

When Can a Tenant Give Notice for Substantial Breach?

You’re allowed to end your lease early if your landlord commits a substantial breach. This is a serious action, so it’s important to be sure the issue qualifies. If you’re dealing with health and safety concerns, persistent neglect, or lack of critical repairs, these situations may justify using this notice form. For more detail, see Health and Safety Issues Every Tenant Should Know When Renting.

Who Handles Tenancy Issues in Alberta?

The Residential Tenancy Dispute Resolution Service (RTDRS) is Alberta’s official tribunal for residential tenancy problems. You may need their help if an issue can’t be resolved with your landlord directly.

How to Use the Notice to Landlord to Terminate for Substantial Breach Form

The correct form is the Notice to Terminate a Residential Tenancy Agreement – Substantial Breach by Landlord. No form number is assigned, but the official template is available from Alberta government resources.

• Download the official notice form

When to Use: If your landlord has failed in ways the law defines as a substantial breach, fill out and serve this notice. For example, if your landlord refuses for weeks to fix the heat in winter, you may have grounds.

It’s important to describe the problem clearly and provide any evidence you have, such as written requests, photos, or communications. If possible, try to resolve the issue with your landlord first.

How to Serve the Notice

• Fill out the notice form completely, including the description of the substantial breach
• Give the completed form to your landlord personally, or use another lawful method as outlined in the Residential Tenancies Act
• Keep a copy for your records
• The tenancy will end on the date specified in your notice, which should be reasonable according to the situation

If you’re unsure about timelines or serving requirements, you can find more on the Alberta government’s Ending a Tenancy page.

Your Rights and Responsibilities as a Tenant

Even when you end your lease for a substantial breach, you must still meet your own legal obligations, such as paying rent up to the end date. For a full list of tenant and landlord responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Want to know more about your specific entitlements? See Tenant Rights and Landlord Rights in Alberta.

What If Your Landlord Disputes Your Notice?

If your landlord disagrees with your claim, they may apply to the RTDRS or court to have the notice overturned. Be prepared with all documentation and evidence of the breach.

Next Steps: Moving Out and Protecting Yourself

• Document the condition of the rental (photos, walkthrough with witness if possible)
• Return the keys on the move-out date
• Request your security deposit back if applicable
• Share your new address with the landlord for deposit return

For more tips on leaving a rental, visit Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

If you’re searching for your next home, Find rental homes across Canada on Houseme.

Frequently Asked Questions about Giving Notice for Substantial Breach

1. What counts as a substantial breach by a landlord?
   A substantial breach is a serious failure by your landlord to meet important terms of the lease or the law, such as not providing heat, failing to make essential repairs, or violating your rights.
2. Do I need to give notice in writing?
   Yes. You must provide written notice using the official form or its required contents. Always keep a copy for your records.
3. What should I do if my landlord disputes the reasons for my notice?
   If a landlord disagrees, they can apply to the RTDRS. Make sure you have evidence of the landlord’s substantial breach (photos, emails, repair requests).
4. Am I still responsible for rent after I give this notice?
   You’re responsible for rent and proper care of the unit until the end of the notice period, unless the RTDRS says otherwise.
5. Where can I get help if I’m not sure about my rights?
   Contact Alberta’s tenancy info line or a local tenant support service for free advice (see resources below).

Key Takeaways for Alberta Tenants

• You have the right to end your lease early if your landlord commits a substantial breach under Alberta’s laws.
• Always give written notice, keep documentation, and follow all instructions on the official form.
• Know your responsibilities—pay rent and leave the property in good condition.

Act quickly, document everything, and seek help when unsure.

Need Help? Resources for Tenants

• Residential Tenancy Dispute Resolution Service (RTDRS): File tenancy applications or get info
• Alberta Landlords and Tenants Information: Government-run tenant info and support
• Tenant support and advocacy: Alberta Residential Tenancies Advisory Committee or local legal clinics
• Learn more: Tenant Rights and Landlord Rights in Alberta

---

1. See the Residential Tenancies Act (Alberta) for current law and definitions of substantial breach.
2. Official form link: Notice to Terminate for Substantial Breach by Landlord (Alberta government)
3. RTDRS info: Residential Tenancy Dispute Resolution Service

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