Top 50 Questions About Special Tenancy Situations in Alberta
What is a "special tenancy situation" in Alberta?
A special tenancy situation involves unique circumstances not covered by standard rental rules, like subletting, roommate issues, or abandoning a unit.
Who handles residential tenancy disputes in Alberta?
The Residential Tenancy Dispute Resolution Service (RTDRS) (official website) handles most tenancy disputes.
What law governs rentals in Alberta?
The Residential Tenancies Act (RTA) covers most rental rules in Alberta.
Can I sublet my rental in Alberta?
Yes, with written landlord consent. The landlord can't unreasonably refuse.
What form do I use to request a sublet?
Use a written request; a specific form isn't required, but keep a copy and get landlord consent in writing.
How much notice must I give to sublet or assign?
There is no set notice, but provide reasonable advance notice in writing and await landlord consent.
Can a landlord deny a sublet for any reason?
No, they can only refuse for reasonable grounds, not arbitrary ones.
What if my landlord refuses to let me sublet?
You can apply to the RTDRS (application form) to resolve the dispute.
What is the difference between subletting and assigning a lease?
Subletting transfers possession temporarily; assignment transfers the lease permanently to someone else.
Can I end my lease early because of family violence?
Yes. Apply for a Safer Spaces Certificate; if granted, you can give your landlord 28 days’ notice to end your lease early.
How do I get a Safer Spaces Certificate?
Complete the Safer Spaces Application form (application here) and submit it with supporting documents.
What notice is required to end a lease due to family violence?
Give at least 28 days’ written notice, plus a copy of the Safer Spaces Certificate, to your landlord.
Can my landlord increase my rent if I sublet?
No. Rent increases follow statutory timelines regardless of sublet or assignment.
My roommate moved out without notice. What can I do?
You remain responsible for the full rent if you both signed the lease. Discuss splitting costs with your landlord if possible.
Am I responsible for damage my subtenant causes?
Yes. As the original tenant, you're legally responsible for your subtenant’s actions.
What should I do if I’m being evicted for a reason I disagree with?
Apply to the RTDRS or Alberta Court to dispute the eviction with the RTDRS Application form.
What if I need to break my lease because I’ve lost my job or income?
Speak with your landlord; you’re not legally allowed to break the lease unless both agree, or unless certain exceptions apply (like family violence).
Is there a penalty for breaking my lease early?
Yes, you may owe rent for the remainder of the lease or until the unit is re-rented unless you qualify for a special circumstance exception.
What if my rental unit is sold to a new owner?
Your lease continues under the new owner. They must honour your existing tenancy agreement.
Can a landlord force me to move if they sell the property?
No. You may only be required to move if the buyer or their family wants to occupy the property, with proper notice.
How much notice must a landlord give for eviction due to sale?
At least 90 days written notice after the buyer takes possession.
What form is used for a landlord's eviction notice?
The Notice to Terminate a Periodic Tenancy (see forms here) is used.
My landlord died. Does my lease end?
No. Your lease continues with the landlord’s estate or heirs under the same terms.
How can I get my belongings back if I leave them after moving out?
Contact your former landlord right away. They must store abandoned property for 30 days and may charge storage fees.
Can my landlord throw out my things right after I move?
No. They must hold items for 30 days, then follow rules to dispose or sell unclaimed property.
What notice does a landlord give before entering my apartment?
At least 24 hours’ written notice, except in emergencies.
Can my landlord lock me out without notice for unpaid rent?
No. Locks may only be changed after a proper eviction process and with a Possession Order from RTDRS or a Court.
What if my roommate causes problems and I want them out?
If both names are on the lease, you can’t force your roommate out; you may need to apply to RTDRS for help in serious cases.
Can I have someone stay long-term without adding them to the lease?
Check your lease. Long-term guests may require landlord approval and formal inclusion on the lease.
How do I dispute security deposit deductions if I moved out?
Apply to RTDRS using the RTDRS Application form within 2 years.
What happens if I abandon my rental without notice?
The landlord can end the tenancy and store your property for 30 days. You may owe rent until the unit is re-rented.
Is it legal to have more people living in my unit than listed in the lease?
Only if the landlord agrees. Too many occupants may breach health or safety rules.
How do I transfer my lease to someone else (assignment)?
Get landlord consent in writing. Assignment forms are the same as for subletting—use a written agreement.
Am I responsible for unpaid rent after moving out if my name is on the lease?
Potentially yes, until the lease ends or is assigned/sublet to someone else.
What if my building is damaged by fire or flood?
You may end the lease if the rental is uninhabitable. Give written notice as soon as possible.
Can my landlord evict me for illegal activity by my roommate?
Yes, if illegal activity is proven, the tenancy can be ended for all occupants.
What if my landlord leaves the country?
They must appoint a local agent to manage the rental and give you contact information.
How do I get my safety deposit back if the landlord disappears?
Apply to RTDRS for an order under the Residential Tenancies Act.
Can I end my tenancy if I or my child are medically advised to move?
Not automatically, but discuss options with your landlord; they may agree to early termination in special circumstances.
Can a landlord refuse to rent to me because I am on income support or AISH?
No. Discrimination based on source of income may not be allowed under human rights law.
Do I need landlord approval for a service animal?
No. If you have a documented disability, you have the right to a service animal under human rights legislation.
What if my fixed-term lease expires and I don’t sign a new one?
Your tenancy ends unless you and your landlord agree to renew or extend; periodic leases usually require notice from either party.
Can I be evicted immediately for criminal activity?
Yes. A 24-hour eviction notice may be issued for significant illegal activity.
What if the landlord wants to demolish or renovate the building?
You may be given 365 days written notice for major demolition or conversion under the RTA.
What forms do I use to give or receive notice to terminate a lease?
Use the "Notice to Terminate a Periodic Tenancy" or written notice for fixed-terms (see forms).
Who pays the rent if the tenant dies?
The tenant’s estate is responsible until the lease ends or is terminated with proper notice.
Can I use RTDRS for any tenancy issue?
Most issues can be resolved through RTDRS, but complex cases may require the Provincial Court.
What if my situation isn't covered by any government forms?
Use a plain written letter explaining your issue, and seek help from RTDRS or legal services.
Where can I get help as a tenant facing a unique situation?
Contact the RTDRS (official site) or call Alberta Landlords and Tenants Advisory Boards for assistance.
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