Is There Rent Control in Alberta and How Much Can Rent Go Up?

A large rent increase notice is stressful, and many renters ask whether there is a legal maximum. In Alberta, the short answer is no, but the rules on how and when rent can go up are real and worth checking.

This article explains what limits do exist, how to test whether your notice is valid, what your options are if you cannot accept the new rent, and which other protections stay in place when rent rises.

This article covers the law of Alberta.

No cap on the amount

Alberta has no rent control. There is no limit on the amount by which a landlord may raise the rent, only the notice rules and the once-per-365-days rule. There are also a few situations where rent cannot go up at all, which are covered below.

That means a percentage increase that feels unreasonable is not, on its own, a legal reason to cancel the notice. The question is whether the landlord followed the process.

In practice, this shifts your focus from the size of the increase to the paperwork and the calendar. Is the notice in the right form, was enough time given, and has enough time passed since the last increase? The sections below walk through each of those questions.

Notice and timing rules

A rent increase notice must be in writing, give the required notice, 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.

If a notice leaves out the effective date, is unsigned, or gives too little time, it may not meet these requirements. How a particular defect affects your situation depends on the facts, so it is worth confirming with a lawyer.

When rent cannot go up at all

• During a fixed term of one year or more.
• After a condominium-conversion termination notice.
• After a major-renovation termination notice.

Check your lease to see whether you have a fixed term or a periodic tenancy, because the rules differ.

A fixed-term tenancy needs no notice to end it. It ends on the date in the agreement, and ending it early requires both parties to agree.

If you do nothing, or the notice is defective

A periodic tenant who does not give notice of termination effective by the increase date is deemed to accept the increase. If you cannot accept the new rent, you may need to give your own notice to end the tenancy, and the required notice for a monthly tenant is generally 1 full tenancy month.

A notice to end a periodic tenancy must be in writing, signed, identify the premises and state the termination date. A tenant ending a monthly tenancy must serve written notice on or before the first day of a tenancy month, so it takes effect on the last day of that month. A late notice is still effective at the end of the next complete period, so you would owe rent through that later date.

A rent increase notice that does not comply with the Act is void, and a tenant who overpaid can recover the excess in an action in debt. Either side can bring a dispute to RTDRS instead of court.

Once one party files with RTDRS, the other is bound to that forum, and a court application on the same dispute is barred unless the RTDRS application is withdrawn.

Other protections that stay in place

A higher rent does not change your security deposit. The deposit cannot be increased when rent increases or for any other reason during the tenancy, and a landlord cannot require a tenant to pay an increase in an existing deposit.

A landlord also may not terminate a tenancy or retaliate because the tenant applied for a remedy, complained, assisted an investigation or gave evidence under the Act or the Public Health Act. Whether a particular increase or notice amounts to retaliation depends on the facts, so it is worth confirming with a lawyer.

If you are thinking about moving out because of an increase, remember that within 10 days after you give up possession, the landlord must return the deposit with interest, or return the balance with a statement of account showing deductions. If the exact deduction cannot yet be determined within those 10 days, the landlord returns the unneeded balance with an estimated statement, then gives the remaining balance and a final statement within 30 days.

What to do next

• Confirm the notice is written, signed, dated and states the effective date.
• Count the notice period against your type of tenancy.
• Check the date of your last increase or move-in to confirm 365 days have passed.
• Check whether your lease is a fixed term.
• Keep records of all rent paid and notices received.
• If something looks wrong, get legal advice before paying or refusing the increase.

Frequently asked questions