Is There Rent Control in Alberta? Limits on Rent Increases

A big rent increase notice is stressful, especially when you are not sure whether the amount is even allowed. Many renters ask whether Alberta puts a cap on rent, as some other places do.

This article explains what Alberta law says about the size of an increase, the timing and notice rules that do apply, and what your options are if you receive a notice you cannot afford or that looks wrong.

This article covers the law of Alberta.

Does Alberta have rent control?

No. Alberta has no rent control: there is no limit on the amount by which a landlord may raise the rent. The only restrictions are about notice and how often an increase can happen.

That means a large increase is not automatically illegal. What matters is whether the landlord followed the required steps and whether your type of tenancy allows an increase at that time.

In plain words, rent control is a legal cap on how much rent can rise. In Alberta the rules focus on process instead: the landlord must give proper written notice, and an increase cannot happen until at least 365 days have passed since the start of the tenancy or the last increase. How this applies to your home depends on your situation, so it is worth confirming with a lawyer.

The rules a landlord must follow

A rent increase notice must be in writing. It must state the effective date and be dated and signed by the landlord.

Rent also cannot be increased until at least 365 days have passed since the start of the tenancy or the last increase, whichever is later.

For example, if you pay rent monthly, the notice must give you at least 3 tenancy months before the increase takes effect. A notice that does not meet these requirements is void.

When an increase is not allowed at all

• During a fixed term of one year or more, rent cannot be increased.
• After a landlord has given a condo-conversion termination notice, no increase is allowed.
• After a major-renovation termination notice, no increase is allowed.

If your lease is a fixed term, check the dates in your agreement carefully, since a fixed term ends on the date stated in it without any notice.

Ending a fixed term early requires both you and the landlord to agree. If you are unsure which kind of tenancy you have, a lawyer can confirm it from your agreement.

What happens if you do nothing or the notice is wrong

If you are a periodic tenant and you do not give notice to end your tenancy effective by the increase date, you are deemed to accept the increase. So silence can mean agreement.

A rent increase notice that does not comply with the rules is void, and if you have overpaid, you can recover the excess in an action in debt. Either side can also apply to the Residential Tenancy Dispute Resolution Service (RTDRS) instead of court.

Your landlord also cannot retaliate against you because you applied for a remedy or made a complaint under the Residential Tenancies Act.

If you decide to leave rather than accept an increase, your notice must be in writing, signed, identify the premises and state the termination date. A tenant ending a monthly tenancy must give 1 full tenancy month of notice, and a tenant ending a weekly tenancy must give 1 full tenancy week.

What to do next

Timing matters. A monthly tenant must serve written notice on or before the first day of a tenancy month, and a late notice is still effective but only at the end of the next complete period, so rent is owed through that later date. If a dispute goes to RTDRS, once one party files, the other is bound to that forum, and a court application on the same dispute is barred unless the RTDRS application is withdrawn.

• Find the notice and check that it is written, dated, signed and states an effective date.
• Count the notice period for your type of tenancy.
• Confirm 365 days have passed since your start date or last increase.
• Check whether you are in a fixed term of one year or more.
• Decide whether to stay or to give your own notice. A monthly tenant must serve written notice on or before the first day of a tenancy month for it to take effect at that month's end.
• Write down the dates you received the notice and any increase, and keep copies of everything.
• Consider getting legal advice before paying or disputing.

A different rule applies if you are leaving because of domestic violence. A tenant may end the tenancy on at least 28 days' notice with a certificate from the designated authority, given within 90 days of the certificate, and pays rent only for the notice period with no early-termination penalty.

Frequently asked questions