How Much Notice Must an Alberta Landlord Give to Raise Rent?

A rent increase letter can arrive with little warning, and it is natural to wonder whether your landlord has done it properly. Alberta sets rules about the notice and the timing, even though it does not cap the amount.

This article walks through the notice periods, the once-a-year timing rule, what changes with a fixed-term lease, and what you can do if the notice does not follow the rules. Your own situation may have details that change the picture, so if something does not line up, a lawyer can confirm where you stand.

This article covers the law of Alberta.

How much notice is required

The length of notice depends on how your tenancy runs. The table below shows the minimum for each type of periodic tenancy.

These periods come from the notice rules in the Residential Tenancies Act.

These are minimums. A notice that gives less time than required does not comply with the rules, and a notice that does not comply is void. If you are not sure which type of tenancy you have, check your rental agreement or ask a lawyer.

What the notice must contain

The notice must be written, state the effective date, and be dated and signed by the landlord. A verbal announcement does not meet the written requirement.

A notice that does not comply is void, and if you overpaid because of it, you can recover the excess in an action in debt.

• It is in writing.
• It is dated and signed by the landlord.
• It states the date the increase takes effect.
• It gives at least the notice period for your type of tenancy.

How often rent can go up

Rent cannot be increased until at least 365 days have passed since the start of the tenancy or the last increase, whichever is later. In other words, you count from your move-in date, or from the most recent increase if there has been one.

Alberta has no rent control. There is no limit on how much a landlord may raise the rent, only the notice and once-per-365-days rules.

How the notice period and the 365-day wait fit together in your particular case is worth confirming with a lawyer if the dates are close.

Fixed-term leases and special cases

• Rent cannot be increased during a fixed term of one year or more, and Alberta.ca states rent cannot be increased during a fixed term.
• No rent increase is allowed after a condo-conversion termination notice or a major-renovation termination notice.

A fixed-term tenancy ends on the date in the agreement without any notice, and ending it early requires both parties to agree. If your lease has a fixed term, check its end date and what it says about renewal. A lawyer can help if the wording is unclear.

Your deposit and where disputes go

A rent increase does not allow a higher 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.

If you and your landlord disagree about an increase, either of you may apply to the Residential Tenancy Dispute Resolution Service (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.

A landlord also may not retaliate because you applied for a remedy, complained, assisted an investigation or gave evidence under the Act or the Public Health Act.

What if you do not agree

A periodic tenant who does not give notice of termination effective by the increase date is deemed to accept the increase. A monthly tenant must generally give one full tenancy month of notice, and written notice must be served on or before the first day of a tenancy month to take effect on the last day of that month. Timing matters, so act early.

• Check the notice is written, signed and dated, and gives an effective date.
• Count the required notice period for your type of tenancy.
• Confirm 365 days have passed since the start or last increase.
• Check whether you are in a fixed term.
• Keep copies of everything and get advice before deciding whether to stay or give notice.

Frequently asked questions