When you rent a place to live, your landlord has certain responsibilities that they must fulfill by law. These responsibilities are outlined in Alberta's Residential Tenancies Act (RTA). Unfortunately, not all landlords fulfill their obligations. Some ignore repair requests, fail to maintain the premises in good condition, do not provide promised services, or even violate your privacy. When this happens, you need to know what your rights are and how you can get justice.
This article explains what landlords' responsibilities are in Alberta, how to recognize when a landlord is not fulfilling their responsibilities, and what steps you can take to protect your rights. We also tell you about the Residential Tenancy Dispute Resolution Service (RTDRS), which is your main tool for getting justice when your landlord is not fulfilling their responsibilities.
What are landlords' responsibilities in Alberta?
Under Alberta law, your landlord has several key responsibilities to you as a tenant. Understanding these responsibilities helps you recognize when your landlord is violating them.
Keeping the premises in good condition
The landlord's most important duty is to keep the premises safe and well maintained. This means that the premises must meet the health and safety standards set by law. The property must have a working heating system in winter, adequate lighting, cleanliness, and sanitation. In addition, everything included in the property must be in working order. This includes plumbing, electricity, gas, and appliances that are included in the lease.
It is crucial to understand that the landlord bears this responsibility not only at the beginning of the lease, but throughout the ENTIRE period of occupancy. This means that if something in the premises breaks down later, the landlord must repair it.
Carrying out necessary repairs
If something in the property needs to be repaired, the landlord is responsible for doing so. This includes repairs that are necessary for the normal use of the property — for example, if the roof is leaking, if the heating is not working in winter, or if the bathroom is broken. The landlord must carry out repairs within a reasonable time. For emergency repairs (such as power outages or frozen pipes), the landlord must respond very quickly. For routine repairs, the landlord must begin work within a reasonable time — usually within a few days or a week, depending on the severity of the problem.
Provision of promised services
If the landlord promised you certain services, such as cleaning of common areas, property management, or other services, they must provide them. If these services were described in the lease or promised before signing, the landlord is obligated to perform them.
Ensuring uninterrupted utility service
If the landlord has agreed to provide utilities (such as heating, hot water, electricity), they must ensure that these services are provided without interruption. The landlord cannot simply cut off your electricity or gas without a valid reason.
Respecting your privacy
Your landlord cannot enter your unit without your permission, except in an emergency (such as a fire or leak). If your landlord wants to conduct an inspection or make repairs, they must give you at least 24 hours' written notice.
Returning your deposit
At the end of the lease, the landlord must return your deposit in full, except for legal deductions for actual damages. Under Alberta's new rules, the landlord must also pay you interest on the deposit.
How to recognize that the landlord is not fulfilling their obligations?
Landlord violations can take many forms. Here are some common examples:
Ignoring repair requests
This is one of the most common problems. You report a problem to your landlord (e.g., a leaky roof or broken heating), but the landlord does nothing. Days turn into weeks, and the problem remains.
Insufficient cleanliness of common areas
If you have common areas (hallways, entrances, shared kitchen), they must be kept clean. If the landlord promised to clean these areas but does not do so, this is a breach of their obligations.
Failure to provide promised services
The landlord promised you access to a gym, but there is no gym. Or they promised that there would be a management office, but there isn't one. This is also a breach of their obligations.
Disconnection of utilities
If the landlord suddenly turns off the electricity, gas, or water without a valid reason, this is a serious breach of their obligations.
Breach of privacy
The landlord enters your home without warning, reads your personal letters, or installs cameras in private areas. These are all violations of your privacy.
Improper retention of deposit
At the end of the lease, the landlord withholds part of your deposit for normal wear and tear instead of actual damage, or does not return the deposit on time. This is also a violation.
First step: Communicate with the landlord
Before you begin the formal dispute resolution process, try communicating with the landlord directly. Often, problems can be resolved simply, without involving third parties.
Communicate in writing
Tell the landlord about the problem, but do so in writing. This can be an email, text message, or even a handwritten letter. It is important to have a record that you notified the landlord of the problem. Give the landlord a specific time frame to resolve the issue—for example, “Please resolve this issue within three days” or “I expect a response from you within a week.”
Describe the problem in detail
Don't just say “something isn't working.” Describe the problem in detail. For example, “cold water has not been coming out of the right sink for two days” or “there has been no lighting in the hallway on the 3rd floor for a week.” A clear description helps the landlord understand the severity of the problem.
Keep copies
Always keep copies of all correspondence. If you sent an email, save it. If you sent a physical letter, keep a copy. If it's a text message, save a screenshot. These copies can be valuable evidence later if the situation goes to formal review.
Take photos and videos
If the problem is visible (e.g., a leaky roof, a broken bathtub, a dirty hallway), take photos or videos. This also gives you evidence of the problem. The best time to take photos is when the lighting is good so that the problem is clearly visible.
Keep a log of dates and times
Keep a log of the dates and times when you notified the landlord about the problem, when you received a response (if any), and what they said. This helps you track progress or lack thereof.
If the landlord does not respond: Formal procedures
If your landlord ignores your written requests or does not resolve the issue within a reasonable time, you need to start the formal process.
File a formal written complaint
First, write a formal written complaint to your landlord. This complaint should be more formal than your previous communications. Describe the problem, when you first reported it, how often you have reported it, how it is causing you discomfort, and request a specific solution. Send this letter by certified mail if you have the landlord's physical address. Keep the delivery receipt as proof that the landlord received the letter.
Gather evidence
Before you proceed with the formal process, make sure you have all the evidence. This includes:
- Copies of all letters, emails, and text messages you sent to the landlord
- Copies of all responses from the landlord (if any)
- Photos and videos of the problem
- a log of the dates and times you reported the problem
- proof or receipts showing that the landlord received your messages
Contact the RTDRS (Residential Tenancy Dispute Resolution Service)
If your landlord still isn't fixing the problem, the best next step is to file a claim with the Residential Tenancy Dispute Resolution Service (RTDRS). This is a quasi-judicial body in Alberta that resolves disputes between tenants and landlords.
What is RTDRS and how does it work?
RTDRS is an alternative to court for resolving residential tenancy disputes. Instead of going to court, which can be expensive and time-consuming, you can file a claim with RTDRS, which resolves the matter much more quickly.
Who can file a claim?
As a tenant, you can apply to RTDRS if:
- your landlord is not fulfilling their obligations (e.g., not making repairs, not providing promised services)
- your landlord is holding your deposit incorrectly
- you have any other dispute about the terms of your lease
How do I file a claim with the RTDRS?
To file a claim with the RTDRS, you can:
- Visit the RTDRS website: www.alberta.ca/rtdrs
- Download the claim form
- Fill out the form with the details of your dispute
- Send the form along with all supporting evidence
Mailing addresses:
In Edmonton: 44 Capital Boulevard, Main Floor, 10044 108 Street NW, Edmonton, AB T5J 5E6
In Calgary: 180, 615 Macleod Trail SE, Calgary, AB
You can also apply online through the RTDRS portal.
What is the application fee?
The RTDRS charges an application fee. The fee depends on the amount you are claiming. Check the RTDRS website for exact amounts.
How does the hearing work?
Once you have filed your application, RTDRS will begin reviewing your case. Here's how it works:
- RTDRS will send your application to your landlord and give them time to respond
- RTDRS will try to help you and your landlord reach an amicable agreement
- If an agreement cannot be reached, RTDRS will schedule a hearing
- At the hearing, both parties will have the opportunity to present their arguments and evidence
- RTDRS will issue a decision
Hearings may be held in person, by phone, or online. This depends on RTDRS and the complexity of the case.
Possible decisions from RTDRS
If RTDRS finds that the landlord has not fulfilled their obligations, they may order:
Repair or perform work
The RTDRS may order the landlord to perform necessary repairs or provide promised services. They may also set a deadline by which the repairs must be completed. If the landlord does not comply with the decision within the set time, they may face further penalties.
Reduction of rent
If the landlord has failed to fulfill their obligations for a certain period of time, RTDRS may order a reduction in rent for the period during which the premises were not in proper condition. For example, if the heating system did not work for two months in winter, RTDRS may order a reduction in rent for those two months.
Compensation for work performed
If you performed the work yourself or hired someone to do it (because the landlord refused), RTDRS may order the landlord to reimburse you for the cost of the work.
Compensation for damages
RTDRS may order the landlord to pay you compensation for any damage caused by their inaction. For example, if water leaked into your premises and ruined your belongings, the landlord may be required to pay for their replacement.
Termination of the lease
In serious cases, when the premises are so dangerous or unfit that it is impossible to live there, RTDRS may allow you to terminate the lease without penalty and move out. This is a last resort, but it is an option.
Important things to know
You cannot withhold rent
This is important: you are NOT allowed to withhold rent, even if your landlord is not fulfilling their responsibilities. If you do not pay your rent, your landlord can file a complaint against you and you could be evicted. Instead, you must continue to pay your rent while you resolve the dispute through RTDRS.
Your landlord cannot retaliate against you
By law, your landlord cannot retaliate against you for filing a complaint with RTDRS or demanding that they fulfill their responsibilities. If your landlord tries to evict you without a valid reason after you file a complaint, that is illegal retaliation. You can file an additional complaint with the local authorities.
Keep all correspondence
As I said, keep copies of everything. This is your most powerful tool at the RTDRS hearing.
Alternative: Report to health services
If the premises have serious health and safety issues (e.g., mold, harmful gases, rodent problems), you can also report this to Alberta Environmental Public Health or your local health department. These services can conduct an inspection and order the landlord to fix the problems. However, keep in mind that this may result in evacuation while repairs are being made, and after repairs, the landlord may be able to raise the rent when the lease is renewed.
Consult with a lawyer or advocacy organization
If you feel helpless or need more answers, you can contact organizations that provide free or low-cost legal advice to tenants and other communities. These organizations can help you understand your rights and the dispute resolution process.
Conclusion
If your landlord is not fulfilling their responsibilities, you have rights and you have the means to protect those rights. Don't put up with substandard conditions silently. Start by communicating with your landlord in writing, gather evidence, and then, if necessary, contact the RTDRS. While this process may seem complicated, it is designed to protect tenants from unscrupulous landlords. Remember that you have the right to a safe, properly maintained dwelling, and the law is on your side.