Renting a Place to Live/Tenants/Moving to Alberta from Another Province
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I have moved to Alberta from Manitoba where my security deposit could not be any more than a half of a month’s rent. A landlord in Alberta told me that here a landlord can ask for up to one month of rent as a security deposit. Is this correct?
Yes. In Alberta, the total of any refundable fees that your landlord asks you for as a security deposit can be up to one month's rent.
If your rent increases, the landlord cannot ask you to add to your security deposit.
I have moved to Alberta from Manitoba where my security deposit could not be any more than a half of a month’s rent. A landlord in Alberta told me that here a landlord can ask for up to one month of rent as a security deposit. Is this correct?
Yes. In Alberta, the total of any refundable fees that your landlord asks you for as a security deposit can be up to one month's rent.
If your rent increases, the landlord cannot ask you to add to your security deposit.
In Newfoundland, rent can only be increased once every year and not in the first year. What is the rule in Alberta?
In Alberta, rent can be increased at different intervals depending upon the kind of periodic tenancy that exists.
- For a weekly tenancy, rent can be increased after 26 weeks form the last increase.
- For a monthly tenancy, rent can be increased after six months from the last increase.
Notice of an increase must be given.
In British Columbia, a lease has to be in writing. Does a lease have to be written in Alberta?
No. A lease can be oral or written; however, it is preferable to have the whole agreement in writing so that a landlord and tenant can be clear about the terms of the lease.
In Manitoba, a landlord must apply to a government agency to be able to evict a tenant. Must a landlord do this in Alberta also?
No. However, a landlord must follow the law in evicting a tenant. Notice periods must be followed and eviction can only be for reasons stated by law.
In New Brunswick, a landlord can issue a 20-day notice to vacate to a tenant for late payment of rent the day after it is due. If a tenant pays within seven days, the notice has no effect. Does the same rule apply in Alberta?
A similar rule applies with different time limits. A landlord can immediately serve a notice to end a tenancy in 14 days if rent is late. If a tenant pays the rent within the 14 days, the notice is of no effect.
In Newfoundland, university and college residences are excluded from the laws about renting a place to live. Is the law the same in Alberta?
Yes. Rooms in student dorms managed by educational institutions are not covered by the laws on renting a place to live. However, different provinces include and exclude varying kinds of property and living arrangements from their law — so it is worth checking to see what is included.
In the Northwest Territories, where a tenancy is more than week to week, half a security deposit can be paid when a tenant moves in and the rest within three months. Is this rule the same in Alberta?
No. The law in Alberta only states that a landlord can ask for a security deposit and that it can be no more than one month's rent. It is up to a landlord and tenant to agree as to how and when the deposit is paid.
Once it is paid, the landlord has an obligation to invest it in accordance with the law.
In Nunavut, the law sets a limit as to what penalty can be charged for late rent. Is there a limit in Alberta?
No. However, the courts have stated that any penalty must be reasonable and in keeping with losses suffered by a landlord.
In Quebec, the law does not require a landlord to carry out moving in or moving out inspections. Are they required in Alberta?
Yes. In Alberta, at least two formal inspections must take place, one at the beginning and one at the end of the tenancy. If the landlord does not provide these opportunities for inspection, he or she cannot make any deduction from a security deposit at the end of the tenancy.
See Also
This page was last updated in January, 2007.
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