Who Is Responsible for Repairs in a Rental in Alberta?

A furnace stops working in January, or a ceiling starts to leak, and you need to know whether the landlord has to fix it or whether the bill lands on you. The answer depends on what broke, how it broke and what your lease says.

This article explains how damage, wear and tear, deposits and complaints fit together in an Alberta rental, and the steps tenants usually take to get repairs moving without putting their tenancy at risk.

This article covers the law of Alberta.

Start with the cause: wear and tear or damage

Most repair disputes come down to one question: did the problem come from ordinary use over time, or from damage? Normal wear and tear cannot be deducted from your security deposit. If worn flooring or faded paint is simply normal wear and tear from your time there, the landlord cannot deduct it from your deposit. Whether any other charge could apply depends on your situation, so it is worth confirming with a lawyer.

Damage is different. A landlord who believes you damaged the unit can pursue damage or cleaning costs through legal action. Whether a furnace failure or a leak counts as one or the other depends on the facts, so keep photos and details of what happened.

Inspection reports matter more than most people expect

A landlord generally cannot deduct for damage from your deposit unless the move-in and move-out inspection and report requirements in section 19 of the Residential Tenancies Act were met. Landlords must keep inspection reports for at least 3 years after the tenancy ends.

• Attend the move-in inspection and note every existing problem.
• Ask for a copy of the report and keep it.
• Take dated photos of the unit when you move in and when you move out.
• Give your forwarding address in writing when you leave.

Within 10 days after you give up possession, the landlord must return the security deposit with interest, or return the balance with a statement of account showing the deductions. If the exact deduction cannot yet be determined, the landlord returns the balance that is not needed with an estimated statement, then gives the remaining balance and a final statement within 30 days.

If the deposit is not returned or no statement of account is provided, you may sue to recover it, and the court decides which deductions are permitted.

Pushing for repairs without putting your tenancy at risk

Put your repair request in writing, describe the problem, say when it started and keep a copy. A dated message creates a record if the dispute goes further. Tenants are advised to keep their records for 3 years.

If the home does not meet Public Health Act standards and the landlord has not complied with an executive officer's order, the tenant may give at least 14 days' notice to end the tenancy. The landlord can void that notice by objecting in writing within 7 days if the order has been complied with or stayed. This is a serious step, so get advice before relying on it.

You are also protected from payback. A landlord may not terminate a tenancy or retaliate because you applied for a remedy, made a complaint, assisted an investigation or gave evidence under the Act or the Public Health Act.

Do not simply stop paying rent

Withholding rent because repairs are not done is risky. Unpaid rent is listed as a substantial breach, and a landlord may give a notice to end the tenancy at least 14 days before the termination date. For unpaid rent, the notice must state that the tenancy will not end if you pay the rent due and any overdue amounts by the termination date.

If a dispute reaches a hearing, either side 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. Because the first to file decides the forum, it is worth getting advice early.

What to do next

• Read your lease and any inspection reports to see what was recorded about the item.
• Send a dated written repair request and keep a copy.
• Photograph the problem and keep receipts for any emergency costs.
• Do not withhold rent without getting advice first.
• Contact a lawyer if the problem affects health or safety, if you receive an eviction notice, or if you are unsure whether the cost is yours.

The rules on who must repair a particular item depend on the facts and the wording of your agreement. A lawyer can confirm where you stand before you spend money or take a step that could affect your tenancy.

Frequently asked questions