One of the biggest conflicts between tenants and landlords arises around the issue of repairs. The property needs repairs, but the landlord does not want to pay for them or is very slow to respond to repair requests. In such situations, tenants often ask themselves: Can I negotiate with the landlord to pay for the repairs? Do I have the right to carry out the repairs myself and then deduct the costs from the rent? Do I have any other options?
In Edmonton and throughout Alberta, there is a clear legal framework regarding who is responsible for repairs and what options are available to tenants if the landlord fails to fulfill their obligations. Understanding these rules is very important, as the wrong actions can lead to eviction, even if you are in the right.
This article explains how to negotiate repairs at the landlord's expense in Edmonton, what your legal rights are, and what practical steps you can take to protect yourself.
Who is responsible for repairs in Alberta?
Before you start negotiating repairs, it is important to know who is actually legally responsible for them. Under Alberta law, the landlord has primary responsibility for maintaining the property in good condition and making necessary repairs.
Landlord's responsibilities for repairs
Under Alberta's Residential Tenancies Act, landlords are required to keep the property in a safe and well-maintained condition. This means that landlords are responsible for repairs necessary for the normal use of the property. This includes repairs to the heating system, plumbing, electricity, appliances (included in the lease), roofs, windows, doors, and other structural elements of the building.
It is important to understand that this responsibility is ongoing. It does not end when the lease begins. If something in the premises breaks during your stay, the landlord is still responsible for repairs. The only exception is if the damage was caused by you or your guests due to your negligence.
What repairs is the landlord responsible for?
In general, the landlord is responsible for all repairs necessary to maintain the property in a condition suitable for habitation and in accordance with health and safety standards. This includes:
- Heating and cooling systems
- Hot and cold water supply
- Electricity and lighting
- Plumbing and drainage
- Appliances included in the rent (stove, refrigerator, washing machine, etc.)
- Roof, if it leaks
- Windows and doors (if they don't work)
- Walls and floors (if they are in poor condition)
- Common areas (hallways, entrances, parking lots)
What repairs are tenants responsible for?
Tenants are responsible for repairs that are necessary due to their own negligence or damage they have caused. For example, if you made a hole in the wall while hanging a picture, that is your responsibility. If you broke a window while throwing something in an argument, that is also your responsibility. However, tenants are NOT responsible for normal wear and tear. For example, if paint peels off over time, that is wear and tear and not your responsibility.
First step: Ask your landlord to make repairs
If something in the property needs repair, the first step should always be to talk to your landlord. In many cases, the landlord is simply unaware of the problem, and one request is enough.
Notify your landlord of the problem in writing
This is very important. Don't just call the landlord and tell them about the problem. Instead, write them an email or letter. This creates a written record of when you reported the problem. This record can be very valuable if the situation later goes to the Dispute Resolution Service.
Describe the problem in detail in your letter. Instead of “something isn't working in the bathroom,” write “there has been no hot water in the bathroom for three days. This is a serious problem because I can't wash myself. I ask that you resolve this problem within 48 hours.” A clear and detailed description helps the landlord understand the seriousness of the problem.
Give the landlord a reasonable amount of time
Give the landlord a reasonable amount of time to resolve the problem. For emergencies (such as no heat in winter or a water outage), this could be 24-48 hours. For less critical repairs, this could be 5-7 days. Alberta law does not set a specific time limit, but requires the landlord to resolve the problem within a “reasonable time.”
Document everything
Keep a copy of the letter you sent. If you sent an email, save it. If you sent a letter by mail, try to send it by certified mail and keep the delivery receipt. Also, take a photo of the problem if it is visible. This evidence will be very valuable if you have to file a complaint with the Dispute Resolution Service.
What to do if your landlord ignores your request?
If your landlord ignores your request for repairs, you have several options. It is important to know that you CANNOT simply withhold rent or get out, even if your landlord does not make repairs. This is illegal in Alberta, and you could be evicted for non-payment of rent.
Option 1: Negotiate a rent reduction
In some cases, it may be beneficial to negotiate with your landlord for a temporary rent reduction for the period that the property is in poor condition. This does not reduce your obligation to pay rent, but it does reduce the amount you pay. For example, if the heating system is not working in winter, you can negotiate a 25% reduction in rent until the system is repaired.
This is a very practical option because it solves the problem without involving official authorities. However, it is important that this is documented in writing. Get written confirmation of this agreement from your landlord. Without a written document, the landlord may change their position later.
Option 2: Do the repairs yourself and then request reimbursement
This is a more complicated option and should only be considered in emergency situations. Under Alberta law, you can do the repairs that the landlord is required to do yourself and then request reimbursement from the landlord. However, there are several conditions and restrictions.
First, the repairs must be truly necessary and reasonable. This means that the premises must be in such a condition that it is impossible to live there without these repairs. For example, if the heating system does not work in winter, this is a valid reason to fix the problem yourself. But if a nail has fallen out of the door, this is not a valid reason.
Second, you must first give the landlord the opportunity to make the repairs. You cannot just go ahead and make repairs without warning. You must notify the landlord in writing of the problem and give them a reasonable amount of time to resolve it. Only if they do not respond can you consider making the repairs yourself.
Third, the cost of the repairs must be reasonable. You cannot hire the most expensive contractor in town. You need to find a reasonably priced contractor and get several quotes for comparison. Keep all receipts and invoices.
Fourth, if you have carried out repairs at your own expense, you must then file a complaint with the Dispute Resolution Service to get your money back. You CANNOT deduct the costs from your rent yourself. If you try to do so, your landlord may file a complaint against you for non-payment of rent, and you may be evicted. Instead, pay your full rent, document the repair costs, and then file a complaint with the Dispute Resolution Service.
Option 3: File a complaint with the Rent Dispute Resolution Service (RTDRS)
This is the safest and most formal option. If your landlord ignores your repair requests, you can file a complaint with the RTDRS. The Dispute Resolution Service is a quasi-judicial body that resolves disputes between tenants and landlords.
When you file a complaint with the RTDRS about a landlord not making repairs, the service may order the landlord to:
- Make the necessary repairs by a certain date
- Reduce your rent for the period when the property was in poor condition
- Pay you compensation for expenses you incurred because the landlord did not make repairs
- Allow you to terminate the lease without penalty if the property is so bad that it is uninhabitable
This is the safest option for you, as the service protects your rights. However, it also takes time, as the case review process can take several weeks or months.
Important rules to know
You CANNOT withhold rent
This is the most important rule: you CANNOT withhold rent or get it back, even if the landlord does not make repairs. If you do not pay rent, the landlord can file a complaint against you and you can be evicted. This is true even if the landlord is completely wrong about the repairs. Under Alberta law, you MUST continue to pay your full rent while you resolve your dispute through the RTDRS.
This may seem unfair, but it is the law. The reason is that the legislature believes that tenants can find help through official channels (RTDRS), so withholding rent is not necessary.
You CANNOT deduct repair costs from your rent yourself
Some people think they can do the repairs themselves and then deduct the costs from their rent. THIS IS NOT TRUE. You cannot deduct costs from your rent yourself without prior permission from the RTDRS or the court. If you try to do this, your landlord can file a complaint against you for non-payment of rent, and you could be evicted. Instead, pay your full rent, document your expenses, and then file a complaint with RTDRS.
Your landlord CANNOT retaliate against you for requesting repairs
By law, your landlord cannot retaliate against you for requesting repairs or filing a complaint with RTDRS. If your landlord tries to retaliate (for example, by raising your rent or giving you an eviction notice) without a valid reason, it is illegal retaliation. You can file an additional complaint with RTDRS.
How to negotiate repairs: Practical steps
If you want to negotiate repairs with your landlord without involving official authorities, here are some practical steps you can take:
Step One: Identify the Problem
Be specific about what the problem is. Don't just say “something isn't working.” Identify exactly what isn't working, when it started, how it affects you, and why it's important to fix.
Step Two: Estimate the Cost of Repairs
Try to get a rough estimate of how much the repair might cost. You can call several contractors and ask for estimates. This will give you (and your landlord) an idea of how much it will cost. If the repair is expensive, your landlord may be more willing to discuss it.
Step Three: Make an offer to negotiate
Write a letter or email to the landlord with your offer. Explain the problem, give an estimate of the cost of repairs, and suggest options for resolution. For example: "The heating system is not working and needs to be repaired at a cost of approximately $800. I have three options for resolving this situation: (1) you hire a contractor, (2) I do the repairs and you reimburse me, or (3) we agree to reduce the rent by $200 per month until you do the repairs. Which option is most acceptable to you?"
Step Four: Clarify the terms
If the landlord is willing to make the repairs, get written confirmation from them. Specify the exact date by which the repairs will be completed. If it is an expensive repair, also get an estimate from the contractor.
Step Five: Document everything
Keep copies of all letters, emails, and other communications with the landlord regarding the repairs. If the repairs are completed, keep copies of the bills and receipts. These documents may be valuable if the landlord later denies the agreement.
Special situations
Emergency repairs
Some repairs are urgent, meaning they are necessary to keep the premises safe and livable. Emergency repairs include:
- The heating system is not working in winter
- The water supply system is not working
- The roof is leaking
- The electrical system is not working
- Doors or windows are broken and pose a safety hazard
For emergency repairs, the landlord must respond very quickly — usually within 24 hours. If they do not, you have the right to file an emergency complaint with the RTDRS.
Repairs for health and safety
Some repairs are related to health and safety, such as mold, pests, or air quality issues. For these issues, you can also contact your local health authority or Alberta Environment and Protected Areas. These authorities can inspect the property and order the landlord to fix the problems. However, keep in mind that this may require you to vacate the premises while the repairs are being carried out.
Conclusion
Yes, you can request repairs to your accommodation at the landlord's expense in Edmonton. Under Alberta law, the landlord is responsible for carrying out necessary repairs. However, you need to know your rights and follow the correct procedure.
The first step is always to communicate with your landlord. In most cases, this will resolve the issue. If your landlord ignores your requests, you have the options of negotiating a rent reduction, doing the repairs yourself and requesting reimbursement through the RTDRS, or filing a complaint with the RTDRS. But remember that you CANNOT withhold rent or deduct expenses from the rent yourself without RTDRS's permission.
Document everything, remain polite and calm, and in most cases you will be able to negotiate a fair solution with your landlord.