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Landlord and Tenant Calgary
Welcome, this site provides possible solutions for landlord and tenant Calgary issues. There are pages related to most landlord and tenant issues, and a forum where you can post your questions and answers.
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The Landlord and Tenant Calgary Forum:You can post any topic you like related to landlord tenant issues; however we reserve the right to move topics to other forums, use information posted for site users, and edit posts if they are negative towards others. This forum is for people seeking answers to landlord and tenant issues, or to offer solutions and information to help landlords and tenants.
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Have a great day.
Landlord and Tenant Calgary – Hoarding
Hoarding can be a problem for both the landlord and a tenant in Calgary.
Understanding hoarding-what does hoarding look like? From a landlord's perspective, a hoarding Calgary apartment may become a fire hazard because of blocked entrances and exits; it may be a safety hazard because of tripping, or possessions falling onto someone; the landlord may be unable to do maintenance because of clutter and safety risks; the apartment may be a health hazard due to poor hygiene and vermin infestation, which may affect the whole building.
From a tenant's perspective they may believe the hoarded items are valuable; or attach a strong value to possessions others see as garbage; or see the items as collectables.
This landlord and tenant Calgary website offers help to understand and deal with hoarding; we also offer a forum for questions and answers to hoarding problems. Click the following Landlord and Tenant Calgary/Hoarding link to visit our hoarding page.
At Landlord and Tenant Calgary Some topics we look at are:
Setting Building Standards for Hoarding – Are living spaces sufficiently cluttered so as to prevent activities for which those spaces were intended.
Hoarding videos – a graphic display of what hoarding looks like.
What can happen when dealing with hoarding – the law, EMS, the Health Inspector and Fire Department?
Symptoms of Hoarding – recognizing the problem, before it gets out of hand.
Hoarding Support Groups – where to get help for both landlords and tenants.
Building Standards for Hoarding
The landlord and tenant Calgary hoarding page will try to help define what an acceptable standard of cleanliness is, and how to set a building standard based on certain aspects of a living space.
- Are living areas cluttered enough so as to prevent activities for which those areas were intended?
- Does the living room have an easily accessible path to, from and around furniture?
- Are possessions burying electrical cords and heating equipment?
- Is the bathroom clear of clutter so the tenant can take a bath, or easily keep themselves clean?
- Is the stove clear of possessions, and can the tenant cook a meal on their stove?
- Can the tenant safely use the sink, stove and fridge?
- Can you access the heat registers in all rooms if a pipe burst, or there was a leak? Are you able to get at it to repair it?
- Are all hallways and stairs clear of clutter, and would EMS or the Fire Department be able to get in?
- Is the bedroom and bed accessible by a clear walkway?
- Is the tenant in danger of falling over excessive clutter, or have clutter fall onto the tenant?
- Are there signs of mice, bedbugs or any other pests?
- Are Maintenance personnel able to access plumbing and all equipment for repair?
The Residential Tenancy Act and most leases state that an apartment must be kept in a reasonable state of cleanliness by the tenant.
In most cases, if an apartment is clean, organized, is accessible by everyone, and does not pose a health or safety hazard, then it may be reasonably clean.
If an apartment is dirty, cluttered, unhygienic, untidy and areas are not accessible, then it could be said the apartment is not reasonably clean.
Click the following Landlord and Tenant Calgary/Hoarding link to learn more about hoarding.
Landlord and Tenant Calgary – Bedbugs
First of all, bed bugs have nothing to do with how clean an apartment or building is; they can be carried into a building in second hand furniture, or on a person visiting a building; they can be picked up on public transport, a movie theater, or just about anywhere; they can be on a person's possessions as they move into a building.
Bed bugs are small insects about the size of a Ladybug. An adult bed bug is light to reddish brown; a flat oval shape, and are 4-5mm in length and 2-3mm wide. Bed bugs can live up to a year and tend to feed every five to ten days.
All of the bed bug family of insects feed on the blood of warm blooded animals and humans.
The health effects of bed bugs can be allergic symptoms, skin rashes and psychological effects.
Bed bugs are mainly active at night and prefer to congregate where people sleep, and feed unnoticed on their hosts blood.
Bed bugs in Calgary can survive low temperatures down to an exposure to -32 degrees Centigrade; it takes a temperature of 45 degrees Centigrade or 113 degrees Fahrenheit to kill a bed bug.
Methods of detection are visual, glue traps, and dogs used to sniff out the bugs.
Methods of treatment are usually chemical or heat treatment.
Preventing Bed Bugs
It is always best to have a professional treat the problem.
Place infected clothes in sealed plastic bags, then put clothes into a dryer on high heat (high heat will kill Bed Bugs).
Put throw away items in sealed plastic bags and place in garbage.
Discard severely infested mattresses by slashing the material (to prevent anyone salvaging from dumpster) and cover in plastic poly-wrap, to prevent further infestation when carrying the mattress through the building.
Cover mattresses with a Bed Bug proof Mattress Cover (can be purchased from most exterminators or Walmart). Any bugs trapped within these bags will eventually die.
Reduce clutter to limit hiding places for bed bugs.
Thoroughly clean the infested rooms as well as others in the residence.
Scrub infested surfaces with a stiff brush to dislodge eggs, and use a powerful vacuum to remove bed bugs from cracks and crevices; and dispose of vacuum bags.
Dismantling bed frames will expose additional bed bug hiding sites. Remove drawers from desks and dressers and turn furniture over, if possible, to inspect and clean all hiding spots.
To prevent bed bugs from crawling onto a bed, pull the bed frame away from the wall, tuck sheets and blankets so they won't contact the floor, and place the frame legs into dishes or cups of mineral oil. Caulk and seal all holes where pipes and wires penetrate walls and floor.
It can cost up to $300 an hour to clean really bad apartments.
Learn how to treat bed bugs; where to find the bed bugs; what a bed bug bite looks like. Click the link to find out all you need to know about Bedbugs in calgary-and-what-to-do-about-them.
Landlord and Tenant Calgary – Noise Complaint
Living in an apartment building can be a problem, if you have a noisy neighbor; so as a Building Manager or tenant what can you do?
Let's look at the City bylaw which states:
No Person shall cause or permit to be caused a Continuous Sound that exceeds the greater of the following Sound Levels:
(a) 65 decibels (dBA) measured over a one (1) hour period during the Day-time; or
(b) 50 decibels (dBA) measured over a one (1) hour period during the Night-time.
"Daytime" means the period:
(i) beginning at 7:00 A.M. and ending at 10:00 P.M. of the same day on Weekdays; or
(ii) beginning at 9:00 A.M. and ending at 10:00 P.M. of the same day on a Weekend.
"Night-time" means the period beginning at 10:00 P.M. and ending the following day at:
(i) 7:00 A.M. if the following day is a Weekday; or
(ii) 9:00 A.M. if the following day is a Weekend.
Most tenants have noise problems at night, so one of the things that can be done is to call the Police, or the Building Management; most tenants may call the bylaws officer during the day.
Most landlord and tenant Calgary leases have a noise clause which may state that a tenant has the right to "quiet enjoyment" of the premises; but what does that mean? In Jenkins v Jackson, Justice Kekewich wrote that quiet enjoyment in the context of a residential lease does not mean undisturbed by noise…. though the word quiet is frequently used with reference to noise. "Quiet enjoyment" means without interference – without interruption of possession. In the context of a lease however "Quiet enjoyment" is not a guarantee of noise-free premises.
If the noise persists over time what can be done?
To learn more click on this link to visit our Noise Complaint Calgary page.
Landlord and Tenant Calgary – Building Safety
Building safety is a vital part of a tenant's safety, and shows that the building management cares for the well being of the building and tenants.
The following is a check list for most buildings:
Adequate lighting in all interior common areas
adequate lighting on building exterior
All locks on master system
All necessary keys in lock boxes
Anti-lift and slide devices on windows and sliding doors, up to and including the third floor
Apartment doors deadbolt (1" throw) and 180 degree exterior door viewers fitted
Apartment hygiene and cleanliness
Boiler equipment-leaks (relief valves age, pump leaks, room lighting, ventilation)
Building exterior-drainage-parking-signage-snow-ice-side walks-stairs
Building structure and state of repair
Building ventilation-air exchange
Building washrooms and ventilation
Bushes and shrubs trimmed to a maximum of one metre and trees up to two metres from ground level
Common areas safety
Door closers connected
Drug use in the building……………
Click the Building Safety link to learn more about Building Safety page to learn more.
Landlord and Tenant Calgary – Self development
Over the years I have used several methods and techniques to help reduce stress, keep calm and relaxed; increase self-esteem; increase creative thinking and problem solving skills; make learning easier; increase focus; keep on track; avoid burn-out and deal with stressful situations.
Some of the methods used were Brain Gym; the Balance Board; relaxation techniques; accelerated Learning; meditation; breathing; visualization; the sensory environment; martial arts; sports and other creative hobbies; these are a few of the activities that I have found useful.
Even though I meditated, practiced Chi Gung, Brain Gym and stress reduction activities daily I still had a six week break-down where I could not work. There were some vital things missing, that I did not realize that I needed; but more about that on the Self Development page.
Most of the methods and techniques will be overviews, as I firmly believe that these activities cannot be mastered by just reading about them, they need to be taught and practiced, until they form part of a daily routine.
To learn more about these methods and techniques click on this Self Development link.
148 Comments
cathy petersen says:
I live in an apartment building that allows shopping carts in the building and people keep them in the hallways and under the stairs.
I think this is a hazard. Can you help with this? I feel very unsafe.
Admin says:
Hi Cathy,
As far as i know shopping carts in hallways are a fire and tripping safety hazard.
If there was a fire in your building with diminished visibility and people tripping over shopping carts in the hallways, there could be a potentially fatal situation; also doormats outside apartment doors are usually not allowed for the same reason.
So, what can you do?
Contact the city bylaws officer and see what they have to say.
The Fire Department may help also.
Do a search for "fire safety shopping carts in hallways" and you should find lots of info, such as this: "You're not allowed to store anything in the hallways, at all, nothing." This includes mats, shopping carts, furniture etc.
Once you have some information contact your building management and make sure they remove shopping carts on at least a daily basis, let them know shopping carts are a real hazard for people with disabilities, limited vision, wheelchairs, and in a fire situation could be potentially a death risk. The other thing to mention is suing them if you are hurt, or in the event of a fire someone is killed.
The building management could send out a safety notice asking tenants to return shopping carts outside, and do a daily hallway check to remove shopping carts; they could also add a statement to their lease rules.
The bottom line is: shopping carts are a fire and safety hazard that could be potentially fatal in a fire situation; and there should be absolutely nothing stored in hallways or stairwells.
Hope this helps.
Have a great day.
Cyndy Clarke says:
I am currently helping my brother who is off work with depression. His apartment fridge – freezer compartment mechanism is not working properly (frost free system) and it has been draining down into the lower fridge compartment as well as the freezer. I have been cleaning it out. He has a good repor with the landlord and has asked for a new fridge several times however is getting the runaround. They don't have any funds. My brother has been in and out of the hospital and cannot afford to get ill from the chemicals in this fridge. What can we do. We asked for a "switch up" from another apartment. Six tenants moved out this weekend and he still got the run around.
Admin says:
The landlord should supply a working fridge. Sometimes it is as simple as an excessive ice buildup, so turning the fridge off for a period of time may fix the problem. With some fridges there is a drain hose that runs from inside the fridge down to near the fridge compressor, this hose could be blocked and could be the reason the water is running inside the fridge; a simple fix to unblock the hose. You could do a Google search for "frost free fridge water inside fridge" this will give you some tips and things to look for.
If you think it is a health problem then you could call the Health Inspector who would visit and inspect the apartment. The Health Inspector can force the landlord to repair or replace the fridge, so I am sure the landlord would rather fix the fridge than have the Health Inspector paying a visit.
My final suggestion would be to ask the landlord to give you a fridge from another apartment and leave yours unplugged for at least 24 hours, which may solve the problem at no cost.
carter says:
Bedbugs. My advice is to not jump to conclusions. I went to college and woke up with bites everyday. Totally though it was bedbugs and I had them spray my room down and put a cover over my mattress… found a hole in my screen a few weeks later and discovered it was mosquitoes. I would get some bed bugs pest control to come check it out.
james says:
Hey there!
Just need some advice! Ive been renting from a landlord for 5 months now here in calgary. My issue is that seince the second week ive moved in Half the drains in my home dont drain! My tub being the biggest concern,It does not drain and just fills. I have to "bail bucket" the tub dirty water into my toilet to shower!
Ive been vocal in a polite and curtious way via,Phone,Email and even in person! And im still not fixed! im unaware of the situation im in or how to fix it! Ill also add that the water that sits in the tub when its full drips into the basement appartment wich i also have controll of, This has caused mold and nasty problems in the basement aswell. Im unsure what to do here? Plz help!
Admin says:
The landlord has to provide working plumbing.
The problem depends if you live in a house or apartment?
If it is a house you could have a simple pipe blockage, or something more drastic like trees growing into the drain pipes. In an apartment it is more likely a clump of hair in the system, which can be removed by augering the pipe or putting a strong drain cleaner down the pipe. Normally the tub and vanity pipes connect to the toilet stack, so as long as your toilet flushes well (a fast swirling quick draining of the water), then I would say the problem is probably something in the tub drain. You may want to check your lease, as it may say you are responsible for any plumbing blockages.
So, check your lease; put down drain cleaner and a call to the Health Inspector may push your landlord to solve the problem.
Rafael says:
Can the landlord tell a tenant not to use faul language in tenets driveway? I just got a letter from my land lord. And this is what she is telling me. Really??
Admin says:
Normally, if a Landlord writes a letter of complaint they should state the rule or regulation you are breaking. The rules and regulations are usually in your lease, the landlord's policy, the Residential tenancy Act, Bylaws etc. So, if your lease states, "No foul language on our property", then they would state that in the written complaint. I would ask your landlord on what rule or regulation they are basing their complaint; I would be interested to know, if you find out what it is.
Canada has a certain degree of free speech, so, people may be offended by foul language, but as far as I know it is not a crime or against the law, unless it is threatening. The only thing in most leases is the right to peaceful enjoyment of the premises, which would include the landlord's driveway. As a Building Manager (Landlord's representative) I really don't see how you can stop people swearing, maybe just ask them, or tell the offended people who are lodging the complaint to call the Police, if they are feeling threatened by someone else's behavior.
Mr. Walsh says:
My roommates and I got a letter in the mail informing us that a realtor is now going to sell the house. We were previously informed that he has not being paying his mortgage on this house either. Our landlord never did an inspection with us, and has already cashed our security deposit. (our term is not up until May). Since he no longer owns the house, do we get the money back? Do we have to pay our upcoming months rent? He hasnt asked for our rent this month either (march).
admin says:
usually Security Deposits have to go into a separate banking account, where they gather interest, which is paid to the tenant, minus the cost of any agreed on damages during a Move Out Inspection, if and when the tenant leaves.
My understanding of when selling a rental property is that the seller and buyer agree on who is paying the Security Deposit back to the current tenants. The new buyer may want to keep good tenants, or ask you to leave when your lease runs out.
If you withhold rent, the landlord can take you to court and evict you, claim the back rent and court costs. My guess is the landlord will not renew your lease in may, but should spell out to you what is happening in the letter you received, or you could just ask him what is going on. If a new lease is not signed in May, it could be that you will be on month to month notice.
The Law requires that a landlord does a Move In and Out Inspection; if a Move In Inspection was not done the landlord has possibly broken the law, and there is no reference as to the state of the property when you moved in, so you should get all your Security Deposit back.
The Residential Tenancy Act usually covers rental properties and if any of its laws are broken you will have to take legal action, or contact the The Residential Tenancy Dispute Resolution Service (RTDRS), who may be able to help advise you.
leighanne says:
Hi there, I am currently renting a unit which i believe is an illegal suite because of the way it is built. Also The person living in the unit above us assaulted me last week and attempted to break in, i have police reports to back this up. Now i have also reported a now broken door, broken tap and broken windows to my landlord ( who is in china ) she refuses to do anything about it because she wasnt here to see it. Who can i call about this?? Any help would be appreciated. Thank you! Also, I am moving for safety reasons.
admin says:
Hi Leighanne,
If the problems are detrimental to your health you could call the Health Inspector or the City Bylaws office.
Normally if a property is damaged the landlord should repair it and then go after the people who caused the damage; so, if the damage to the door was caused by another tenant, they should pay to have it repaired or be evicted; the broken tap may be normal wear and tear and should be fixed by the landlord, if it does not say otherwise in your lease; the window should be repaired by whoever broke it?
The Health Inspector has the power to make Landlords repair property that is a health hazard.
You are making a wise choice by moving, but read your lease carefully; if you break your lease a Landlord can charge you rent until the property is leased, depending on your lease's term. Your next Landlord may ask for references, so it is always best to part on good terms with your current Landlord.
Maria says:
Hi! Three days ago our landlord asked us to look for another place to live ASAP due to bedbugs issues. He told us that he will have to hire a company to treat/remove the bedbugs by chemical in the basement first then on the upper level ASAP to prevent the bugs from multiplying and going upstairs. He was asking my husband for the 50% of the expenses he will incurred in treating the house which is $600 ($1200 is the total fee). The problem is we cannot afford to give him the $600 and the means and the hassle to move to another place spending another current fee, deposit and or maybe advance fee plus having my 4 months old baby with a medical condition of an ostomate baby (having stomas) around though my husband is trying to talk to his friend's friend for the place. My husband showed the place to me yesterday and to be honest I don't like it because it's not clean at all due to men tenants but we have no choice or having a baby around means having a clean and safe place to live. My worry now is he might not give the remaining damage deposit (DD is $600) after inspection because he's asking for 50% of the treatment. By the way he's reason for asking us for 50% of the treatment fee is because according to him we are the one who brought the bedbugs to his basement. When we moved to this basement we even don't know that we're bringing bedbugs and we don't experienced bites from these bugs. I showed to the landlord the bed for the eggs and markings but it doesn't have. The bugs usually are on the walls and or on the bed crawling. We gave our attention to our landlord few months after we shifted and after catching a bug and that was last year and advised us to give him the bugs so that he can show it to the pesticide company to figure out what kind of treatment they will do but it took lots of months for him to act. My husband got pissed off after seeing and catching bedbugs more often so he called our landlord and asked when he's going to do the treatment as per his promised to us that he will hire someone to get rid of these bugs. He then asked my husband to give him not only one bug again. He acted immediately after my husband gave him 5 matured bedbugs. My question are is he right to asked us for 50% of the treatment fee and asking us to leave the place ASAP? What is our tenant's rights with regards to this kind of issues? By the way, we don't have a long term rental contract as he preferred a monthly rent only. I never experience this thing so i dont have idea. Hoping for your quick reply , advise and information. Thank you in advance.
admin says:
Hi Maria,
If you did not experience bugs, bites or markings before you moved there it is unlikely you had Bed Bugs; however, you can get Bed Bugs from anywhere, or they could be brought into your home by old furniture, or transferred from guests etc. Normally pest control companies will inspect a property and where the most insects are is generally where the bugs originated from; depending on time and infestation.
It would be difficult for the Landlord to prove you brought the bedbugs in. Normally the Landlord would get a Pest Control company to inspect the property; the Pest Control Company would supply you with information as to how to prepare your home and belongings before they treat. The Pest Control Company would then treat your home and inform the Landlord whether you have complied with the treatment preparation, and whether the treatment would be successful. If you did not do a good preparation they would have to treat again. As a Landlord I would inform the tenant that if they did not do a good preparation they would have to pay for any following treatments. The landlord should inspect all areas or apartments around the suspected origin of the bugs, which gives a general idea of where the infestation is coming from.
As far as I know a Landlord cannot evict you because of an outbreak of Bedbugs in the building, and you should not lose your DD because of that; do not sign any move out paperwork that deducts payment for Bedbugs; my guess is the Landlord would have to take you to court to prove his case.
Contact the Residential Tenancy Dispute Resolution Service (RTDRS) (http://www.servicealberta.ca/869.cfm) who may be able to advise you further.
You could check the address where you live with the Alberta Bedbug Registry (http://bedbugregistry.com/location/AB/) to see if there was any problems there; or you could call the Health Inspector.
elishah says:
Hi! I have a question…we are moving out of a rental property at the end of August. We have lived in the house for two years and in that time, our puppy had made four holes in the carpet. Maybe 3″x3 in size. Tbe carpet is still in good shape but the landlord says we have to replace all of the carpet at our own expense. I don't think that is fair because the house is now 8 years old…the landlord's family lived in it first, then another family rented it and now us. I don't think replacing all the carpets should come out of just my pocket
admin says:
There are several factors to consider:
When you moved in was a Move In Inspection done? If so and the inspection does not state any damage or wear to the carpet, and it now has holes, then you will be responsible to either repair or replace the carpet.
If there was no Move In Inspection, then you may not be held responsible, as there is no proof of the carpet's condition.
The carpet can probably be repaired if done by a professional, possibly by taking a piece of carpet from a non conspicuous spot, usually a closet; and replace the piece in the closet with a similar type of carpet; most carpet repairs will not be noticeable, if done properly.
Normal Wear and Tear is subjective, I have seen 20 year old carpet in better condition than carpet just months old, so a landlord who's carpet was in good condition with limited wear will probably charge a tenant for repairs or replacement. I would offer to pay for the repair and agree on a price, or you could call any carpet fitter to give you an estimated price.
Angela Parente says:
Dear Sr/Madam…
My neighbours rent a main floor for a couple and the man runing a driveway business cleaning and repair refrigerators, laundry and dry machines, stoves and he use a water compressor for clean all the appliances and leave all the dirty in the neigbours green fence, in the driveway and he spend a lot of water all the time. Sometimes he bring friends after 11 pm and they drink beer, make noise and we live in a peacefull cull the sac and after this couple coming to live close to us, we concern about all this strangers around, lauding and drinking and I know the nice couple live in the
besement from this bad couple are living in threats because of then and all the problem this couple give for this nice couple live in the basement for almost three years. Please let me know if we can do for this couple move for another place and let us give our piece life back. 11 pm is not a good time for noises from them and is not right run a business in the side walk and don't give space even for the people down step across to get out and also this couple have a illegal moving truck and all the time they live mattrers and another unwanted things in the back ally and we are not really happy with this people. Please let me know if we can do something to take this people out from here soon has we can.Thank you so much. Sincerelly….Angela
Sarah says:
Are there resources for landlords to protect themselves from unreasonable tenants? It seems like there are more resources for tenants than there are for landlords. There seems to be more and more tenants that are taking advantages of trusting landlords and they are getting to know the bylaws and ways around them. One of our tenant is causing a lot of trouble for us. She runs the washer empty on a weekly basis, and usually late at night too, at 12pm. We've asked her to stop and her response was, if we font like her doing that, why don't we put a lock on the laundry door. This seems like such an odd response from someone and makes it seem like she has caused troubles for previous landlords. We have considered putting a lock on the laundry door, but not only would it cause an inconvenience to the other roommate, but it just seems wrong to. We have asked her to move out at the end of her contract, which is at the end of July. We asked her if we could show her place to people that are interested in renting after she is gone. She refused to let us show her place and refused to return us our copy of the key to the place. (she lost her copy of the key a few weeks ago and asked to borrow ours to get into her place. She never returned us the key). Any advice or resources on how to deal with unreasonable tenants that are putting a name name for all the other good tenants?
admin says:
You do not say whether the rented place is an apartment or a house? As a landlord it is always best to set rules guidelines for behavior in the lease: Laundry room hours are between 9AM and 10pm, the laundry Room will be closed promptly at 10pm; this would be acceptable if the Laundry Room is in a common area and laundering of clothes late at night would affect other tenants. You could always put in coin operated laundry machines and give the money back to good tenants at the end of the month, or turn the breaker off to the machine if it is running empty.
You have the right to enter a tenants apartment after giving a 24 hour notice, whether the tenant likes it or not. The lease should state your rules, the Residential Tenancy Act states the Landlord/Tenant rules of tenancy.
If a tenant loses a key you should charge them to replace the key, once a tenant moves out you can change the locks, but not before. If a lock is in a common door, then you could change the locks, once the tenant moves out and give the remaining tenants new keys.
If you have problem tenants it is always best to write warning letters to address the problems, a paper trail is needed if you have to take the tenant to court to evict them. When you do the Move In you should state any important rules such as drug use not being allowed, no pets, noise issues etc, etc.
Keep in mind that if you do not address problems with bad tenants, your good tenants will leave. Put together a Complaint Form for your tenants, they do not have to use their names on the form, but it creates a paper trail, if action goes to court.
admin says:
The lease should state rules and tenant expectations: No businesses can be operated from the premises; any damages to the property will be repaired and charged to the tenant.
As for noise or parties call the Police or Bylaws Officer; warn the tenant and put the warnings in writing. Usually, once you have four complaints in writing it may be enough to evict the tenant.
If you can prove the tenant dumped anything charge them for taking the item to the dump.
As the Landlord you should state any rules and have the tenant sign them before moving in.
Always get and check references.
Always address complaints with the tenant and put warnings in writing.
Let the tenant know you will be evicting them, if they do not address their behavior.
State any of your rules in the lease and point them out before the tenant moves in.
Cindy says:
I have a tentants that are smoking pot outside and it's affecting the other tentants that live below them. What can I do as a landlord?
admin says:
Pot smoking is illegal. You should warn the pot smoking tenants that if they do not stop you will call the Police and evict them. Warn them verbally and then put that warning in writing and give it to them; also get the affected tenants to write out Complaint Forms for any incidents.
If it goes to court you will need documentation of warnings given and tenant complaint forms. Pot is laced with addictive chemicals and is designed to be less effective and more addictive, so you need more for less affect; it is also said to be the cause of the onset of mental illness such as schizophrenia and Bi Polar Disease, if you are genetically indisposed to such illnesses.
The other problem is smoking pot attracts dealers and other drug use to your building; while good tenants may leave.
MB says:
we signed a 6 month lease on the first of march. at the beginning of july we decided we were going to move into another house at the end of our lease which would be august 31st. When we told our landlord she said our lease isnt up until the end of september and we would still have to pay for that month. I double checked the lease and it states that it is a 6 month lease beginning on march 1st and ending september 30th. I know i should have noticed this when signing the lease but technically that's 7 months right? am i missing something here? in the renting world does 6 months actually mean 7? i did give her 30 days notice. if it is just an error in the lease can i argue that against her?
admin says:
Usually a lease is from the 1st of the month when you move in until the last day of the month at 12pm when you move out, so March the 1st until August 31st at 12 noon. From what you are saying, it sounds like the landlord put the wrong move out date down. If you move out before the move out date you usually have to pay the rent until the move out date, unless the landlord rents the place before that; a landlord cannot charge double rent for an apartment. You may want to contact the RTDS (Residential Tenancy Dispute Service) and see what they have to say.
L+D says:
My boyfriend and I have been living in a 'Maintstreet apartment' now since June 2013. We are having a huge infestation of 'box elder bugs' on the entire south side of the building. we have contacted landlords to fix this as they are getting in our suites and we cant sit comfortably on our balconies. we have had no reply from landlords and are now wondering:
what are our rights? can we advise them we will not be paying rent til this is fixed?
please help! although these bugs are not harmful are a HUGE nuisance !
Lauryn and Damon
admin says:
As far as I know these bugs do not last long and with the weather getting colder and once all the leaves have stopped falling they will disappear. You can treat them by Spreading diatomaceous earth around the perimeter of your home and dish soap can be sprayed on the bugs or surfaces around your home. The ideal would be for your Landlord to treat or hire a pest company to do the job.
The bug infestation is a natural occurrence, but should be dealt with by your Landlord. Withholding rent would not be a good idea, but you could call the Health Inspector and see what they can do.
Ron says:
I am living in an Apartment downtown since August of 2012. I have had a portable laundry machine since I moved in. The property changed owners a year ago. Today I got a letter saying I have to remove the laundry machine because it is strictly prohibited. I cannot find the prohibition of laundry machines or similar equipment in my Residential Tenancy Agreement. It is stated that if I don't remove the equipment I they will apply for an Order of Possession. I am wondering where this equipment is banned from.
admin says:
Normally the lease should state what is acceptable and what is not, or you should receive a page of rules that you would have to sign along with the lease.
In most older buildings the plumbing system is not capable of handling the flow of water from a modern washing machine or a dish washing machine; which is why they are not allowed.
Usually, what happens is the drains cannot handle the extra flow of water from portable machines, and apartments on a lower level may have water back up through the toilet, tub, or sinks, because of the excessive flow from above.
Your Building Manager should explain the rational why washing machines are not allowed, and the rule should be clearly stated on your lease; or the companies policy.
Newer building have washing machines built in, but the plumbing system is designed to accommodate the extra flow of water.
The Building Management would probably have to take you to court to evict you, and it is a judge who would decide the case.
Factors to consider are: the age of the building, the issues the Building Management have with portable washing machines and the owner's lease, rules policy and procedure. Personally, I would stop using the machine, but the Building Management should clearly state their policy and rules in writing; if it is not in writing somewhere, then I don't think a judge would agree with the Building Management.
sg says:
I have been living in my rental home for 4 months now. The landlord never comes around and asks us to deliver the rent to her and never gets the lease to us on time and then shows up at 11pm to pick up the money in our mailbox…and gets mad with us for not getting the rent to her on time even though we had tried to talk to her about signing the lease a month prior but she didn't reply. I moved in with my boyfriend and I havent met her since i moved in. She doesn't check smoke detectors and doesn't make any repairs that we ask for but refers us to a handyman that doesnt show up, ever. We now have a mouse which we are trying to deal with ourselves but I want to know if this is in her jurisdiction to take care of. The lino in the kitchen is peeling and the windows definitely need to be replaced. What is reasonable to ask for repair/maintenance wise.
admin says:
Your lease should state how rent payments are to be handled, and usually have to be paid on or before the first of the month. I would certainly not be leaving the rent in your mail box; if it goes missing you would be responsible. You could set up a direct deposit with the Landlord and your bank, or make other suitable arrangements.
A lease usually states what the Landlord's rules, policy and responsibilities are; and basically protects both parties.
It is the Landlord's responsibility to maintain the premises, but your lease should state what maintenance you are responsible for. Sometimes the tenant is responsible to unplug toilets, cut the grass, clear snow from sidewalks, wash carpets yearly etc; your lease should state your responsibilities. Once the lease is signed the Landlord should send you a copy in a timely manner. The RTA (Residential Tenancy Act) and Public Health Act will inform you about the Residential standards for renting; do an online search for Residential Tenancy Act and Alberta Public Health Act, which are both downloadable in PDF format.
Pest control is an issue for the Landlord, however you can buy Snap Traps, Glue Pads and Mouse Poison, which are all effective means of dealing with mice. Glue Pads and Snap Traps are immediate, while poison works over a period of time and can be a risk if you have children or pets in the house. place snap traps and poison behind the fridge, stove and in areas not accessible by pets or children. Glue pads can be placed under heating ducts, corners or edges of rooms and generally where you see mice running.
The lino and windows can be costly items to replace, and the Landlord may need some time to repair or replace them; if it is an issue, ask when, or if they will be replaced, and get the reply in writing.
Any damaged items, such as the lino or other damage, should have been noted on your move in inspection.
debbie says:
Hi I'm wondering if you can help me we rented a property for 13 months .when we left the agent did a walk round and she ticked everything off saying house was left just as it was before we moved in except for drawer on washing machine .which we had called someone to come and repair .and said take the cost out of our deposit we even had carpets cleaned and treated few days before we left .the house looked great.now our landlord is saying we can't get our deposit back as he had to take day off to let guy in to fix drawer on washing machine that took 20 mins .how do I deal with this
admin says:
The Law requires that a landlord does a Move In and Out Inspection:
if a Move In Inspection was not done the landlord has possibly broken the law, and there is no reference as to the state of the property when you moved in, so you should get all your Security Deposit back.
If a Move In Inspection was done, then it should state any damages, which should not apply on the Move Out Inspection. Any new damages should be listed and the Landlord has to provide Invoices to show the cost of repairs. The Landlord can charge for their time to clean and repair.
The Landlord should do the move out inspection with the tenant there, and the tenant agrees and then signs the Move Out Inspection, if the tenant disagrees with what the Landlord puts on the inspection, then the tenant signs to disagree with what is written on the form.
So, if the Landlord signed off that everything was OK, then the Landlord must return all the Security Deposit.
As far as I know the Landlord has to provide invoices to cover any repair work and send you a copy of the invoices and the Move Out Inspection report, usually within 10 days.
In your case, you would need to get everything in writing and on paper and then proceed with your options, which are:
Take legal action, or
take the matter to the Residential Tenancy Dispute Resolution Service (RTDRS), who may be able to help advise you, and sort out the issue.
If you caused any damage, then it is reasonable for the Landlord to recover repair costs; if the damage was normal wear and tear, then the Landlord is responsible for repair costs. charging the full Damage Deposit is unreasonable, but it would depend on the damage.
Here's what I would do:
Make sure you get copies of the Move In and Out Inspection, along with any invoices from the contractor for the repair, and write down everything that has happened with dates;
I would inform your Landlord that you are taking legal action and see what he says;
I would tell your Landlord that he cannot charge for his time, as he did not do the repair (but that would have to be decided by the RTDRS or a judge);
agree to pay the damage invoiced amount;
remind the Landlord that court and Lawyer costs can be expensive for both parties, if you end up in court.
debbie says:
Thank you he is saying he won't give us it back as we offered to pay a week's rent as we told him 8 th of October we would be moving. Out the 1st of Nov a day after this they barged into our home at 9 on Sunday morning trying to let people walk round while my children were still in bed and me .we had no notice of them over a viewing that day .he is a nightmare he needs to outed as he is not a good landlord.I
admin says:
I see your Email address is UK so are you in England or Canada? Here in Calgary Canada your Landlord is breaking the law, he has to give you a 24 hour Notice To Enter and is generally during business hours, unless agreed otherwise. Depending on what your your lease says, a tenant has to give a full months notice on or before the first of the month.
In your first Email you mentioned a damaged washing machine, which the Landlord can take the repair cost out of your Damage Deposit. If you are on a month to month lease and gave a month's notice after the first of the month, then the Landlord could make you wait another month to give proper notice.
The Landlord cannot take rent out of your Security Deposit, unless you break the lease term of agreement; and if the Landlord rents the property, he cannot charge you for rent, once the new tenant moves in.
If you have moved out and are not happy with what your Landlord has charged you for, then I would contact the Residential Tenancy Dispute Resolution Service (RTDRS).
Robert says:
Hello, I live in an older apartment building and when it gets cold my heat goes out. The problem is I don't feel my landlord tries to fix it with any urgency. When I talk to them I get an answer of "they'll get to it when they can". This is not very reassuring when it's -30 outside. I've also had a leak in my roof that took them a week to come and fix. Is there anything I can do about this? Can I use it as an excuse to break my lease?
admin says:
Heating in cold weather and roof repairs should be a top priority for any building management.
The Minimum Housing and Health Standards can be found here:
There are a few things you could do;
Put in a written dated Maintenance Request to your Building Management and keep a copy.
Contact a Health Inspector. 403-943-2288
You can also report a landlord to Service Alberta toll-free at 1-877-427-4088
Calgary Apartment Association (403) 265-6055 may help with advice.
I would not break your lease.You could tell your Landlord :
you are contacting the Health Inspector and Service Alberta
state the Minimum Standards and Residential Tenancy Act and put a timeline on when you expect the repairs to be done.
I would keep a record of all communication with your Landlord, dates times, temperatures in your home; take pictures of any problem areas.
FYI: Generally leaky roofs are dependent on how busy roofing contractors are, so it may take some time if the weather is bad.
Heating problems in most cases can be resolved by your building maintenance staff, or a local plumbing company; in cold weather plumbers can be very busy with heating problems, but should be there within 24 hours.
Clement says:
I live in apartment managed by one of the big real estate companies in Calgary and I have a heating problem in my apartment that I have reported for 4 days now and nothing has been done. My family and I have had to dress warm even within the apartment. The Resident Manager was even exceptionally rude. What do I do?
admin says:
Heating in cold weather should be a top priority for any building management.
Assuming you have put in a written Maintenance request and nothing was done you can:
Contact the building owners by phone and in writing, if they have an Email address.
Contact a Health Inspector at 403-943-2288
You can also report a landlord to Service Alberta toll-free at 1-877-427-4088
Calgary Apartment Association (403) 265-6055 may help with advice.
Become aware of the Minimum Housing Standards which can be found here:
I would keep a record of all communication with your Landlord, dates times, temperatures in your home; take pictures of any problem areas.
Heating problems in most cases can be resolved by your building maintenance staff, or a local plumbing company; in cold weather plumbers can be very busy with heating problems, but should be there within 24 hours.
sean says:
I live in half a duplex that was recently sold. The new landlord lives on the other half and just brought over a new lease agreement. It includes $400 fines for smoking on the property or the sidewalks, having a guest spend more than two nights or for parking on the street in front of their half. Can they do that? I'll probably leave anyway since I don't want a landlord like that but I'm curious if they're just annoying or breaking rules.
admin says:
A Landlord cannot fine a tenant, but they can charge for damage that you do. A Landlord has to follow the residential Tenancy Act and other regulations.
The lease should state any rules, if you do not agree with them, then you should not sign the lease, or make other arrangements with your Landlord about what is acceptable.
As far as I know, the sidewalk or road in front of a property is the cities, and governed by city parking bylaws.
If you are having guests stay over, then the lease should state what is acceptable and under what circumstances. If you are having guests stay over and it states in the lease you cannot, then the Landlord can warn you and even evict, but they would have to go to court and prove their case.
I would read the new lease very carefully before you sign it, if you are intending on leaving I would not sign the lease, which means you would be on a month to month lease.
Tracey says:
my 75 year old mother was just told by her landlord that she has to move out by end of month because he wants to sell. he gave her this verbally on Jan 4, I thought that 90 days notice is the law. no lease, he refused to sign one and he collects his rent from her in cash every month Help!
admin says:
I have two questions:
Did your mother have a lease before the 4th January?
Has your mother always paid by cash?
Under no circumstances would I pay cash without getting a receipt. Personally I would pay by cheque or Money Order, so I have a record of what I am paying.
If there is no lease it usually means the tenant is on a month to month basis.
Regardless of what the Landlord is saying or doing, it is always best to get everything in writing; so, if the landlord says something, have him put it in writing, or put it in writing yourself. If OK with your mother, let the Landlord know you are acting as her agent, and have him deal with both of you present when discussing the Lease.
The Residential Tenancy Act usually covers rental properties and if any of its laws are broken you will have to take legal action, or contact the The Residential Tenancy Dispute Resolution Service (RTDRS) in Calgary, who may be able to help advise you.
Derek Chester says:
I am a tenant in a basement suite with tenants upstairs. The tenants upstairs has a repair business fixing water distillers. The tenant upstairs is frequently tripping one breaker due to faulty equipment. The tenant doing the distiller repairs is constantly interrupting me to reset the breaker, one day it was six times. The tenant is not a certified electrical tech and neither is the property manager. Should either of them be doing repairs to the electrical system? I feel very unsafe. Previously the landlord installed a gas powered hot water tank and it currently has two leaks developing on the hot water out pipe. Shouldn't these items be repaired by qualified tradesmen? Also I'm not sure if the upstairs tenant has the appropriate permits for such a business. What should I do?
admin says:
Most standard leases have a clause stating you cannot run a business out of your home. I would check your lease to see if it is there. If it is not then the Landlord permits tenants to run businesses out of their home.
The Building Manager has the right to repair anything, if he is competent to repair.
Resetting the breaker is not an electrical issue, but overall may effect the electrical system if it is constantly overloaded.
I am sure the Landlord is not trained to install a gas fired water tank; it should be done by a professional. If anything happens the person doing the installation would be liable; if the house blew up he could likely face criminal charges.
If the Landlord works for a Property Management company I would address my concerns to them.
No one can enter your apartment without giving you a 24 hour notice, unless it is an emergency. The tenant should certainly not be entering your apartment.
You could tell your Landlord you need 24 hour notices to enter your apartment.
In my opinion, having to reset the breaker several times a day is an electrical problem that needs to stop, it is not an emergency, as the tenant is constantly causing the problem.
The Building Manager should be taking action to stop what the tenant is doing and even evict him.
Write all your complaints, send them to the Building Manager and the Property Company; keep a record of all complaints, and write up any verbal answers the Building Manager makes.
Jason says:
Hi Im a tenant in an apartment i am worried because i had 2 guests over and i wanted them to leave i verbally stated that and they said they would i was tired so went to lay down i was rudely awaken and my 2 guests had not left i was attacked i managed to get out and go to the neighbors door who is the land lord no answer went to another neighbors hue no answer i finally went to the 3rd door who are the apartment managers as well no answer so i ran outside to nearest phone called police to have them removed i pressed charges im worried that i am going to be kicked out because of the noise the cops and the 2 made .
admin says:
You are responsible for your guests and their behavior, and It depends what it says on your lease about guests?
The Landlord may give you a warning and tell you not to have guests over.
The action taken by the Landlord will depend on the seriousness of the incident and how many complaints the Landlord gets.
It is unlikely the Landlord will evict you over one incident, but if it looks like you are bringing people into the building who will harm you or others in the building, then you may be asked to leave.
My advice is to stop bringing people over who are going to cause trouble; you are responsible for all their behaviors.
Jason says:
well i have been 24 hour evicted i am worried about all my stuff and im wondering if there is number to call to get a 2 day extension ? i am willing to leave but i dont have time to remove any of my items ! any ideas ?!
admin says:
If you have been evicted and you leave peacefully, it is likely the Landlord will grant you a few days to store your belongings and set a deadline when the possessions need to be removed.
The Landlord will change the locks and ask you to arrange a time to remove the rest of your possessions. If you do not remove your possessions by the agreed time, the Landlord may dispose of the possessions.
If your possessions are of any value, then you could store them temporarily at a Storage Facility.
B. Goodwin says:
I was wondering if there is a restriction of rates for replacement parts that a landlord can charge you for Example: Venician blinds, filter for a hood fan on an oven. I am moving soon out of my apartment and I got a list of items for replacement parts if needed and thought the rates were quite high.
Thank you. Barb
admin says:
The Landlord can charge you for anything you have damaged. or that they have to clean.
Costs depend on where the Landlord buys parts and how much they charge to install them.
The Landlord cannot charge you for anything, if you did not break it; anything you can change, then change it yourself.
Normal wear and tear means the Landlord cannot charge you for something, if over the period of the lease you did not damage anything and the wear was normal.
When you moved in there should have been a move In Inspection done, that will list what was in good or bad condition. If there was no Move I Inspection done, then there is no reference document and the Landlord cannot charge you anything.
Your lease should also state what the rules and regulations are regarding cleaning and what you as a tenant are responsible for.
Normally a tenant is expected to clean the windows, walls, the stove, fridge, kitchen, bathroom, carpet, and do any repairs that are your fault; in other words you should leave the apartment in the same condition as it was when you moved in. The Landlord cannot charge you for anything that is in the same condition as it was when you moved in.
Tammy says:
I have a long list of issues with my landlord who had moved us out of a nice home he had rented to us (his excuse was that he was moving family in… Then found out a few months later this was false). We assured the house was clean when we left but he refused us back part of our damage deposit because he spent money cleaning carpets (he agreed on my mother smoking in the house).
He moves us to a run down townhouse. The kitchen was in a horrible condition (including mouse feces and lord knows what in behind fridge and stove and cupboards… He refused to clean this up and I was force to do so myself at 6 months pregnant).
It took me almost a month to get him to install a smoke detector.
The bathtub was corroded and mold was inset into the tub and tiles itself.
The basement had no railings going downstairs
There is electrical problems with a ceiling fan – making the fan/light unusable due to fear of starting an electrical fire.
The bathroom vent in upstairs basement does not work.
The deck in back hard was rotted . My aunt fell through and almost broke her leg. Took 6 months to have him tear it down. Then refused to put up a railing from the step where it was attached to the deck to prevent injuries if falling (3+ feet drop)
The fencing is rotted and unstable I the back yard.
Large tree in the front has been deemed unstable from Calgary Parks. Since it is on his land, he has been asked to have it cut down (was deemed unsafe when neighbors tree fell on power line and I had to call 911 last summer).
I had to call Alberta Health Services to get him to comply to fix a leaking toilet causing severely rotting/moldy smell from downstairs bathroom after the premature birth of my son.
The closet doors in the house are large and unstable. He demands we fix them ourselves (ceiling to floor sliding doors.. The sliders are broken)
There tap to the upstairs bathtub pills away from the wall… And regardless to how many times we have fixed it, it still won't stay put. The water leaks through to ceiling on first floor and we are concerned about mold (which I'm allergic to)
Our front and back doors do not lock properly. And had to install a second lock.
Stove and dryer do not work properly… Out dryer was not vented outside correctly and at one point smelled smoke when using dryer. He came over and duct taped the vent to the dryer.
Upon moving in he did not fill out a report on the conditions I pointed out to him. He had me write up a list… But it was never officially valid.
He raised our rent $200 last August promising to fix up the house to more livable conditions. Which never happened. He is now telling us he is raising the rent again in 3 months time again…
We would like to find another house but we know we won't get a penny back from damage deposit insisting we damaged the property ourselves.
We have some pictures when we moved in as well as with AB Health Services. He is notorious with these people as they know him well. What are my legal rights? I tried calling landlord tenant act and they told me it was my own fault for moving in and staying here under these conditions – but at the time it was our only solution due to our financial situation
Tammy says:
Should also mentioned it took him a week to fix our furnace last winter when it stopped working… It was -40 out. He refuses to pay to have our broken venting repaired as well as thoroughly cleaned. I'm spending over $500 a month for water, waste and gas.
Whenever he comes to pick up rent I make my complaints known and he always promises to come back within the week to fix it… And never follows through.
admin says:
Usually with issues such as this the Health Inspector is called and they decide if the Landlord is given a time frame to fix the items, or they close down the dwelling until the items are repaired.
The Landlord can charge for cleaning if it was not normal wear and tear; but cannot charge you for things you have not broken; or items that are not stated in your lease that you are responsible for. Usually your lease states the Landlord's rules and what is required of a tenant.
The only other option is to contact the RTDS Residential Tenancy Dispute Service; document everything, take pictures and prepare your case.
A Move In Inspection determines the state of the premises when you moved in, if it is signed by you, then that is what governs the state of repair when you move out. If the Move In Inspection was not done, then it is unlikely that the Landlord can charge you for any repairs; but you would have to take that to a court to decide. If you withheld the last months rent, then the Landlord could keep the damage deposit as rent payment, but he would have to take you to court to get the rent or any damage costs.
The Landlord can only raise the rent once a year, or upon renewal of a lease.
My suggestion would be to move and find a decent Landlord.
admin says:
Write all your maintenance requests on a sheet of paper, date it and give the Landlord a copy, ask him to sign both copies and state a date when he is coming to do the repairs.
It is up to you, but I would tell him you are contacting the Health Inspector and the RTDS.
The RTA and other laws are there to set guidelines for both Tenant and Landlord to follow; a court usually decides who is right or wrong.
Document, photograph and date everything; even conversations you are having with the Landlord.
charlie says:
i have had a leak in my apartment for over a year and i keep getting told someone will call me and i never get a call just a few days ago i had a knife pulled on me cuz the front door dont lock anymore and a homeless guy was sleeping there and i talk to the cops about it and the building emergency number and i dont get a call back i am gettin really tired of this and i want to know who i can call to get something done cuz my building management just does not care as long as my rent is getting paid i have over 6 months left on my lease.
charlie says:
oh and the front door has not locked in about a year. in that time i have seen beer bottles/cans and narcotics all over the front entrance.
admin says:
If the Building Manager is not the owner of the building, then you could contact the Building Owner with your complaints.
Leaving leaks that long is a waste of water and a potential source of damage and mold.If the Landlord will not do the repairs then you could contact the RTDS, the Bylaws Officer and Health Inspector with your complaints.
Document and take pictures of everything that is wrong; document your Landlord's replies and responses.
The homeless people are the responsibility of the Police. The Building Management should repair locks, install security lighting and make the building safe.
Deziree says:
Hello my name is Deziree I am 17 years old, I recently lived in Calgary Alberta with my boyfriend and brother. We moved out of our house due to bed bugs, noise from the down stairs tenants and having no privacy. However the landlord did get an exterminator for the bed bugs but she only did our area not the down stairs and they were still there after the exterminator did his job twice. We had to throw everything out. Now the landlord is saying she can charge us for breaking our lease, she is saying she can charge us 6975 for moving out early. can she do this? not only is she charging us for the rent but for her partner showing the place.
admin says:
If you break your lease the Landlord can charge for rent until the lease ends, or until the Landlord rents the apartment.
Normally bed bugs can be treated, but it is best to treat all areas around the main contamination.
Clothing can be treated for bed bugs by placing all clothes in a dryer, and the heat kills them. As for possessions they have to be thoroughly inspected, beds are best disposed of. The best way to get rid of bed bugs and keep all your possessions is to have the apartment heat treated, which kills all bed bugs in one or two treatments.
I am not sure what you mean by "not only is she charging us for the rent but for her partner showing the place."
The Landlord can charge for lost or unpaid rent, any damage you have done or for any cleaning and items that are needed to be done to bring the apartment back to original condition. If you have a conflict with the Landlord you can contact the RTDS in Alberta.
evilnessy says:
I was wondering, when your lease is up do you have to give your landlord notice that you are moving out? The reason why I am asking is because they want to put the house up for sale next year. Me and my common law hubby found this out 2 weeks before our lease agreement was up. Your response would be very much appreciated.
admin says:
If the Landlord sells the house then they will have to give you notice, generally 90 days.
You do not have to inform your Landlord you are not renewing the lease, but it is usually good practice to let your Landlord know in advance what your intentions are.
If you do not sign the Lease then you may be on a month to month lease and the Landlord can give you a month's notice to leave.
Normally a Landlord will give you a notice of Lease Renewal, which you complete for the term of the lease you wish to sign for.
If you do not sign the lease renewal or the new lease, then it is generally accepted that you will be moving out at the end of the lease; usually 12 noon of the lease ending date.
The Landlord may want the existing tenants to stay in the property when it is sold, if that is what the buyer wants.
You can also refer to the Residential Tenancy Act online, which will inform you about the Law in these matters.
Personally I would ask your Landlord:
What the Landlords intentions are?
How much notice will the Landlord give you, if and when the house is sold?
If you don't sign the lease renewal will you be on a month to month basis?
If you sign the lease for a certain time period will you be able to move sooner without breaking your lease?
It is usually good for both parties to communicate their intentions, which will give each other time to resolve any issues; get any agreements in writing.
Troubled Landlord says:
I have 2 tenants that are now in their second month of month-to-month after their year lease completion. They have an infant and now have decided to separate. His drinking has lead to the police taking him away twice, but not arrested. He hurts himself in that state. Child services deemed him unfit to be a father for the time. The mother wants him gone and she wants the place for herself and child. Shes been staying some where else for the time being. She smokes weed quite a bit, but outside. I have had issues with her before though in that matter. Im not too sure what to do here. She texts me constantly to draw up a new lease for her and now a new roommate. Is there grounds to evict him? It doesn't so to me and I don't want to be a pawn in a separation. Any advice?
admin says:
It sounds like:
the tenants had a year lease and are now on month to month; you have had problems with the tenants doing drugs; the tenants have an unwanted roommate; the tenants are disruptive and noisy.
The lease should state your rules, such as: No drug use in or on the property; no unwanted guests, unless approved and put on the lease; peaceful enjoyment of the premises.
If your rules are being broken, then you would document and warn your tenants, then evict. If it went to court you would need to build a documented case.
You do not need to get involved in tenant disputes, just enforce your rules verbally and in writing; if your rules are being broken, then you evict.
You can evict, but if the tenants do not move then you would need to go to court, if this happens you will need documentation in writing, Police reports, warnings, neighbor complaints in writing, your own complaints in writing etc.
You will need a paper trail if you evict and it ends up in court.
The other things I would do is: inspect the property and make sure there is no damage; tell the tenants they cannot have unwanted guests (unless you are OK with them adding the guest to the lease?); write up your warnings and inform the tenants they are on month to month and will be evicted if they break your rules.
Selene says:
I live in the basement of a rental house. Although my wondows lock, I feel they can be opened from the outside if someone really wants in.
Does the landlord have the right to make these said windows safe for me, ie bars etc, or is that up to me.
Admin says:
Alberta Building Code states the size of windows allowed in a basement apartment, and they cannot be barred, unless the bars can be opened or removed from the inside, without tools, locks or keys.
There should be an exit directly to the outside and windows of the correct size, which if it did have bars or locks, you should be able to open them easily from the inside.
You will find a copy of the code here: http://www.calgary.ca/PDA/DBA/Pages/Home-building-and-renovations/Secondary-suites/Secondary-Suites.aspx
Your basement apartment must conform to these codes, if it does not, then your Landlord is responsible to put it right.
It is unlikely your Landlord will bar the windows, and if you do , then they must be according to the standards set by the Building Code.
Stella says:
The elder female which rents a room and a basement in a house lied to me and another tenant that she is the owner of the house. She does not maintain the house, does not repair things etc.
There are a lot of troubles with her and a lot of lies from her about everything.
After she damaged my car in hit-and-run accident (there is a damage at her car at the exactly same level, and nobody else uses the parking lot from where the damage has been done at my car), things went too far away. After trying to find a solution for my damaged car and tried to talk to her nicely, she gave me one month eviction note to move out, and that happened at the middle of the month – bad time to find another place to move because almost everybody rents from 1st to 1st of the month.
Now she says she will not give me my deposit back. What I should do, not including to get the case to the court? How to get my money back?
One more notice: I moved on 12th of April and payed from 1st, do I have right to stay till June the 12th, and to get the whole deposit back?
Stella says:
Additional information: my eviction date to move out is June 22nd.
Admin says:
The lady you mentioned could be the manager, a tenant, or the owner of the property.
Who do you pay your rent to? That is probably the owner/Landlord of the property. If the lady is just a tenant, then I would contact the Landlord and let them know what is happening.
If the lady is the owner and Landlord, then she must abide by the Residential Tenancy Act regulations.
You should have a lease which states your length of tenancy, any rules, and when your rent should be paid.
The Eviction Notice should state why you are being evicted, and must be supported by the RTA regulations. If you do not leave on the eviction day, then generally the Landlord would have to take you to court and apply for a judge to make a decision whether the Landlord is justifiable to evict you. The judge will decide if you are evicted, and state a date for you to leave; if you did not leave on the date set by the court, the Landlord would get a court order for a bailiff to come and evict you. Normally, a Landlord has to have well written documents and evidence to back up their case for eviction.
The Landlord cannot keep your Damage Deposit, unless it is to pay for damage you have done to the property, or in some cases rent owing. The Landlord should do a Move Out inspection, and at that time explain what damage has been done by you and how much the Landlord is going to charge you to repair the damage; that cost usually comes out of the Damage Deposit, and you must sign the Move Out paperwork to say you agree or disagree with what the Landlord has written.
Document everything that has happened, with dates, times, who and what was involved, keep everything in writing from the Landlord, and you could contact the Residential Tenancy Dispute Resolution Service (RTDRS) at:Phone: dial toll-free 310-0000 (then 780-644-3000) Fax: 403-297-2669 E-mail: email@example.com
As for the car, you would have to contact the Police.
Jordan says:
A few questions please;
I have lived in a basement suite for 3 years now. In that time, the hot water tank has leaked and soiled the carpet in my bedroom, the upstairs tentant has flooded out their bathroom numerous times which has led to water pouring in through my ceiling lights in my bathroom and my bathtub and shower have consistent mold growing despite their weekly cleanings. I've asked my landlord to address these issues as I'm 100% certain there is mold in the ceiling and now under my carpet but she won't. Who can I call to check my rental out and really bring attention to my landlord? Also I am on a month to month rent situation, the upstairs tenant and the landlord have been bullying me, upstairs keeps moving garbage bins onto my side of the rental even after me pleading them not to as my animals get into it and can cause them harm but they force me to keep it there and then not taking their garbage out, complaining my suite stinks due to pets even though upon a rental inspection nothing was stated to me by the landlord. Can she evict me for sticking up for myself? If so what is the legal amount of time she has to give tenants to be out by?
Admin says:
You should have tenant insurance to cover any damage done to the property, the insurance company will decide who is responsible. Usually, if a tenant causes a flood it is their responsibility for any damage.
Your Landlord is responsible for the mold problem, as they should address any water leaks on the property. I would call the Health Inspector, but be aware, if they find mold that is a health hazard, they could shut down the rental property until the health problem is resolved; you may need mold remediation by someone qualified to deal with mold issues.
Your lease should state who is responsible for dealing with garbage, and whether there are any pet restrictions. Read and understand your lease, as this should spell out the property rules and expectations, which do not supersede the Residential Tenancy Act.
The Landlord has to comply with the Residential Tenancy Act and other regulations, any eviction would have to be based on those regulations and stated in an Eviction Notice. If an Eviction Notice is given to you and you do not comply, you or the Landlord would have to settle the issue with court or similar action.
Mel says:
My friend and I got into a verbal fight at my house, the police weren't called and my friend left my house, and all this happened befor 12 inside the home . There is a section in the lease that casual guest that are allowed. But doesn't state how long they can stay or stay over night, my friend often is over and often stays the night. My land lord called the next day to says there was complaints about the noise. This is the first time anyone has complained, but the property manager witch also happens to be the land lords child, texted me to say that my friend is no longer welcome and the police will be called if they see him here. I was just wondering if they can actually ban guest from visiting me? And if there is some legal grounds for having him arrested. And if they have the right to threaten that with out any type of written notice.
Admin says:
Your lease should state what restrictions are placed on guests and how long they can stay.
You are responsible for your guests and their behavior.
The Landlord cannot ban your guests, but they could get a court order to keep them off the property if they cause problems in the building. You could ask your Landlord to define exactly what the guest policy is, and add that to the lease.
If a guest is noisy, causes damage or any other problem, then the Landlord can give you a warning in writing, once you have enough warnings in writing then the Landlord could seek an eviction.
In general, if there is a domestic problem and the Police are called, the people not on the lease will be asked to leave.
As a Building Manager I would caution you to be careful who you bring into your home, as you are responsible for their behavior. If your friend keeps causing problems, then it is possible the Landlord will evict you.
bhavi says:
Hey I am living with 2 other girls in house. One of my roommate she caught fire in her room. No doubt it was all her fault. Now my landlord gave us notice to either change carpet or leave house within 48 hours. Now my roommate she decline to pay for damage as this is all her fault. And I was not even at home when this fire caught. I really don't understand what to do. As it was not my fault.
Admin says:
Whoever is on the lease is responsible for the damage.
A Landlord is within their rights to charge the tenants holding the lease for any damage done.
It will not matter to the Landlord who did the damage, only that the damage is being fixed, or you will be evicted and the damage cost taken out of your damage deposit.
You may want to consider asking the girl responsible to pay for the damage or to leave; and get a new roommate.
You should also have tenant insurance, because if the damage was substantial you could have legal action taken against you and the lease holders.
Selene says:
Now thatit is getting darker earlier, I am reminded how little light I have heading to my suite on the side of the basement suite I live in.
Does my landlord have to make sure the path to my suite is lit? There is a light right out of my door, but only comes on when I reach the stairs. Most of my treck is done in the dark and I don't like that.
Admin says:
It is in the Landlord's best interest to make sure access to your suite is safe. If you have an accident the Landlord may be liable, especially if you have a documented complaint and nothing was done.
The light you mentioned appears to be on a motion sensor and may be able to be adjusted.
I would put in a maintenance request stating the problem and ask to have the range of motion for the light increased, and a spotlight bulb fitted to increase the range or depth of light.
The Landlord should rectify this situation for you, but the bottom line is you could buy a light with a greater motion range, fit a spot light for more depth of light and ask the Landlord to fit it for you.
Veena says:
I decided to rent my basement a few months ago. My tenant was told that all that is included was the utilities and the use of the basement. I had told my tenant that I am a strict vegetarian from day one and that I do not appreciate meat in my kitchen. Inspite of that she still decided to cook meat and has also gone a step ahead and started putting it in my fridge. She has also decided to put her pans in my freezer. Although she had paid me rent until the end of October is there anything that I could do to stop her from all this right. I have told her in several emails that I do not appreciate her behaviour. She has also decided to put all her stuff in my kitchen on the floor and leaves her garbage on my kitchen floor.
What can I do to stop this right away. I recently lost my son and do not need all this in my life.
Your guidance would be greatly appreciated.
Admin says:
As a Landlord you have to provide the basics, such as range, fridge, toilet, shower, tub etc; unless the tenant has the use of a common kitchen, bathroom etc?
You should also provide the tenant with a lease which should state the rules; I know of no laws that restrict what a tenant can or cannot eat.
My assumption is that you are not living with the tenant, and the tenant has full use of the basement space, which either has a kitchen, bathroom, possibly private keyed entrance etc or use of your upper floor kitchen and bathroom?
As long as the tenant keeps the place clean and does not damage anything, then I do not know of any laws, or regulations that would support your rule that the tenant cannot eat meat.
You would have to contact a lawyer, but my thinking is, even if you have a lease signed by the tenant stating they cannot eat meat, I would doubt that it would hold up in a court of law.
I do not know what was said before the tenant moved in, but you should have clearly stated that meat is not allowed on the premises, or advertised that you were looking for a strict vegetarian to rent the space.
If you cannot tolerate the tenant eating meat then I would ask the tenant to leave, giving the tenant a months notice before the first of next month.
aek says:
Hi, I am currently on a one year rental lease. my landlord verbally said that she will fix the kitchen counter and the cabers, but it has been just over six months and nothing happened. also we got the property in the spring so the weather was good and now we discovered that the house has a a really really poor insulation, like the windows all of them are zoo old there are cracks all around them and cold air and wind just goes through it like you can hear the wind going through. now we don't know what to do a tenants because the utility bills is not cheap and no matter what we do the temperature droops dramatically. please help!
thank you
Admin says:
The Landlord should have done a Move In Inspection, which you should have gotten a copy of, and it should list all deficiencies.
You could put in a Maintenance request and remind the Landlord what was agreed at the Move In Inspection.
If the Landlord does not do the repairs, you could ask for a specific date to do the repairs, or tell the Landlord you are not happy and see what happens.
As with all disputes, it is best to get everything in writing, just in case you need to take further action.
Depending on the type of windows, it may be a simple case of pulling off the window's surrounding casing and either foaming or caulking any cracks and gaps.
Provincial Minimum Housing and Health Standards state what a Landlord has to provide under the Public Health Act. Generally the property should be able to be heated to 16 to 22 degrees Celsius.
You can contact Service Alberta, a Health Inspector or the RTDS.
sonja says:
My son and his friend moved into a house that was the scene of at least 2 murders. The landlord didn't disclose this to them at the time of the lease signing. Also, the conditions of the house are less than desirable with sludge coming up from the sink and the dryer not being vented to the outside if the house and cupboards not being secured to the walls etc. Is there anyway they can break their lease legally?
Admin says:
As far as I know a Landlord does not have to disclose anything about past tenants, such as deaths or any other activities.
The lease should state any rules, regulations, rent payments etc. The lease should state the term of the lease, monthly yearly etc. If the lease is one year then you have to run the course of the lease for one year, if you leave and break the lease the Landlord can take you to court and try to get rent for each month that the lease runs for, or until the property is re-rented.
As for property repairs, you should write out a Maintenance Request and ask the Landlord to correct any maintenance issues. If the landlord does not repair the items you can contact a Health Inspector who will determine if there is a health issue and give the Landlord a time frame to do repairs.
It sounds like the property may have some plumbing and venting problems, local building codes will determine if that is the case; contact the bylaws officer for that.
Breaking the lease is not a good idea, but if you start recording on paper a case why you are breaking the lease, then maybe presenting the case to the RTDS may achieve results.
My thinking is there is two issues, you do not like the fact that people were murdered in the house, and there is some maintenance issues.
In the murder issue the Landlord should have cleaned the apartment and brought it back to move in condition, and any maintenance issues should have been noted at the Move In Inspection.
Generally any maintenance issues could fall into building or health codes and can be handled by the inspectors I mentioned.
I would talk to the Landlord to address your issues; if it is the murder issue, I would let the Landlord know you are not comfortable with what you have learned about the property, and see if they will let you break the lease; or whether the Landlord will do the maintenance; always get any agreements in writing and have a time frame for completion. If the Landlord is not cooperative, write what was said, and any details, and maybe present the case to the RTDS.
Ann says:
Hi, I've rented a private owned unit in an old building for 3.5 years. The building is managed by a management company. Tow month ago the down stair tenant complained to the management company for leaking in bathroom ceiling. An technician came to check and assessed leak coming from a broken shower head in my bathroom. The shower head was spraying the wall causing water to leak down in to down stair unit. The management company asked 3 companies to fix the shower head and replaced the moldy dry walls in my bath room and downstair's ceiling. It took almost 3 weeks to finish the work because switching the technical companies. My landlord got a bill of 8k charge back from the management company.
My questions are:
1. Before down stair's complain, I've told my landlord a few times regarding the broken shower head and the moldy silicon around the tub.He also came to take a look, but didn't pay enough attention. Is my responsibility to pay the bills?
2. Neither my landlord nor I can agree $8000 charges for only replacing dry walls in such a small bathroom. Can we argue with the management company?
Admin says:
If you told the Landlord there was a problem and they did not respond, then it is the Landlord's responsibility to pay for the damage.
You should always put in a Maintenance request, date it and keep a copy; and you should always have Tenant Insurance to cover issues such as this. I would start documenting any conversations; always take pictures of any damage; do not say you are going to pay for any damage and get the Landlord to put things in writing. If the problem goes to court the judge will decide based on evidence provided.
I would tell your Landlord the issue is between the Landlord and the property Management, and you may want to get legal advice, if the Landlord decides to charge you for any damage. Normally you would receive an invoice stating the damage amount, if this happens get legal advice; you are only responsible for damage you have caused.
mary smith says:
I am a landlord in calgary. My tenants left 2 months prior to the end of their lease. i have taken a case against them at RTDRS but i have been unable to serve as i do not know their new address. I obtained substitutional service document from RTDRS to serve via e mail but i have no read receipt. will the case be heard and a ruling made if the tenants do not show? I cannot prove the documents have been served, not exactly, although i do have an auto reply as the tenant was on leave and i got this auto reply from his work e mail address.
Admin says:
If you have an auto reply then I would add that to your case paperwork. You could also place a small advertisement in a local paper with the details of your case against them, or drop off the paperwork at their place of work.
You can also do a search for "Serving legal documents in Alberta".
Is one of the results that may help guide you.
eliza says:
I am in a one year lease tenancy. 2 weeks after i moved in, my landlord notified us that he was selling the house. Landlord gave us no indication or intention to sell. I want to move out because of the inconvenience of constant realtors coming and going. Its been going on for 2 months now with a minimum of 1 showing a day to 4 a day. What course of action could i take to break the lease and move elsewhere?
Admin says:
As far as I know a Landlord does not have to inform you that they are selling the property, unless it says something in the lease.
A long term lease may not work in the Landlord's favor if they sell the house, so I would ask the Landlord to put you on a month to month lease and then look for somewhere else to live.
If the Landlord insists you have to fulfill the one year lease, then you could let the Landlord know you will not be moving of they sell the house; assuming that the Landlord is selling the house unoccupied? The Landlord would have to give you 90 days notice, if they sell the house.
You could contact the Residential Tenancy Dispute Resolution Service and see what they have to say.
The Landlord has to give you 24 hours notice to enter the premises, which can only be from Monday to Saturday 8am to 8pm, and not on Sundays or holidays. You also have the right to peaceful enjoyment of the premises; there should be a clause in your lease that states this. You may be able to break the lease based on this clause, or negotiate with your Landlord on what days and how many people will be allowed into your home.
If you break the lease the Landlord could take legal action, so the reasons you are breaking the lease should be based on the Landlord breaking the Residential Tenancy Act, or the clauses in your lease.
eliza says:
Can a landlord force the tenant to sublet the rental premises. The landlord agreed to a month to month from a one year lease. But i dont understand why it would be my responsibility to find tenants for him, with his approval of course. Is this permissible?
Admin says:
It is not your responsibility to provide tenants for your Landlord.
it sounds like you asked the Landlord for a month to month lease for whatever reason, and he agreed, if you can sublet the apartment?
I would check the new lease and see what it says; it should be a new lease stating a month to month term.
If you have a month to month lease then that is the term, and you only have to give one months notice to vacate; as does the Landlord, if they want you to vacate.
Vanessa says:
My roommate has given me notice to terminate my tenancy because I am not on the lease she recently acquired. When I rented the place we had a verbal agreement between her, myself and 2 other roommates that everything is split equally and no agreement was necessary. The second part of that verbal agreement was I would give one month's notice or they would give one month's notice if the situation should become unworkable. When I moved in, I agreed to pay the previous roommate's utility that was due for the upcoming month since he skipped out on it; so at the time we were all in need..them a fourth person and myself a place to live.. 3 months later, without proper notice, I am being given 2 weeks notice to vacate with the reason being that my name isn't on the lease. I called and was informed that the Residential Tenancies Act does not apply to either of us since we share common areas. Now she is handing out claims that I can't have guests over anymore, that she has every right to give me 48 hour notice is I breach any of these terms, because I am not an authorized tenant to be on the property since I am not on the lease. My question is, what are the grounds under which any of this is admissible and isn't a verbal agreement still binding?
Admin says:
Generally the lease holder is responsible for rent and utilities, and an extra person can be on the Lease, but not be a Lease holder.
Most Lease agreement will be made with the Landlord, so it may be possible the Landlord is not aware that extra people are living in the property.
The landlord has the right to ask all people not on the lease to leave, or start eviction proceedings.
The Lease holder or the Landlord could ask non Lease holders to leave, but would possibly have to take you to court, and have enough evidence to have a judge decide what, if any eviction status would apply.
. A verbal agreement would be difficult to prove, if the person you made the agreement with denies you made the agreement.
Always get any agreements in writing, and document any disagreements in case you end up in court.
You could go to the RTDS and see what they have to say.
I would tell your roommate that you will move out as soon as you have somewhere else to move to.
Maria says:
I live in house/basement suite which is not legal to code. The main floor suite has a single guy w a big dog, he's moving, but he is refusing to clean the suite for showings, the place is filthy. He has never cleaned or vacuumed in 2 years. We want clean tenants up stairs. Can the landlord inform him, if he doesn't clean his apt, he can hire a company to clean it? And deduct it from his SD? Being an older, hse, not to code, and he used US leases, how can we hold this kid accountable. HELP!
PS! I gave the landlord a link to new leases for AB
Also if a house is not to code, electrical, plumbing, walkways-windows are so small in the basement( if there was a fire we would not get out) , all but 1 out of 9 are broken, sealed shut. If I call bylaw, can they kick us out to fix the problem? He's raised the rent 200.00, we are disabled & on a fixed income! Thanks!
Admin says:
The Landlord is responsible to keep the house up to standards and provide a safe building.
If a Move In Inspection was done, then the Landlord should do a Move Out Inspection and can take the cost to clean the house from the Damage Deposit; normal practice is to do a mid month inspection, and inform the tenant that they will be charged to clean the house, if they do not clean well enough when they move out.
Some building codes will depend on the age of the building, so some codes may not apply; it would be best to contact a Bylaws Officer, or Health Inspector, but they may ask you to leave the premises until any remediation work is done.
The Landlord would probably be held responsible for code violations and possible deaths in the event of a fire.
In this situation I would be inclined to move; there are lots of agencies around town offering subsidized housing for people with low incomes or disabilities.
In the mean time I would make sure you have a Fire Extinguisher, Smoke and CO sensors and a planned way of getting out, if there was a fire.
eliza says:
Once a Landlord evicts a tenant with a 90 days notice, and a 30 day notice was given to the Landlord on the 5 and not the 1st of the month, does the tenant have to pay next months rent if the tenant notifys the Landlord a 30 day notice and is able to leave before the 30 days or within the current month???
Admin says:
Usually an Eviction Notice will state the date of the eviction and the tenant will pay for each day up to and including that date.
Notice to Vacate by the tenant is determined by the lease. If you are on a one month lease you will need to give one months notice on or before the first of the month, if you give notice on the fifth of the month then it is up to the Landlord to accept the notice for that month, or you are giving notice for the following month and will have to pay rent for two months.
If you are being evicted in 90 days and decide to leave before the eviction date then you would have to make an arrangement with the Landlord; most Landlords evicting a tenant will accept that the tenant is leaving early and only charge for the current months rent, but it is up to the Landlord.
If you have to pay for the two months rent then the Landlord cannot re-rent the apartment and you would not have to move out until 12pm on the final day of the month you have paid for.
If you are being evicted and are leaving early I would talk to your Landlord and let them know you are prepared to move early and pay until the end of the month, otherwise you will not be moving until the end of the following month.
You can still move your belongings at any time during the two months to a new place, but the Landlord will not be able to re-rent the property and will have to give you notice to do any minor repairs.
Selene says:
I have two problems.
First: I informed my landlord about 3 weeks ago the the fan in my bathroom needed to be replaced. I've not heard from her regarding this matter.
Second: There are pigeons roosting outside on the roof of the house in which I live. Their droppings land about 4-5 feet from my door. Sometimes its right at my door and up the door. Is it my landlords responsibility to fix this problem?
Thank you
Selene Becker
Admin says:
It is in your Landlord's best interest to replace the fan, mainly because it may be noisy and disturbing others, or if the fan is not working properly then condensation can build up in the bathroom and cause mold problems. Mold remediation is a very expensive proposition, which your Landlord would be responsible for. I would contact the Landlord in writing asking the fan to be replaced, and ask the Landlord to address your mold concerns.
Pest control is the responsibility of your Landlord, unless stated otherwise in your lease. Any pest control company can address this problem by placing wire strips on the roof to stop birds landing there. Pest control depends on various situations such as, Where the pests there when you moved in? Did the tenant bring the pests in? Is the tenant feeding the pests? Does the Lease state who is responsible for pest control?
I would ask your Landlord to deal with the pigeons. If you feel the pigeons are a health issue, you can call a Health Inspector.
joe says:
Hi there great site by the way. I rent a basement and after being told by my landlord to move my car because of a Calgary law on the day, i wad told to move it just in front of my landlords garage. It was all ice and i started slipping as i drove it just in front of the garage. The all ice garageway made me slide into the garage door with damage to the door. I have many pics of the ice etc. Am i at fault or my landlord or both? How would i go about this pls help! email@example.com my email thank you so much.
Admin says:
It is your Landlord's responsibility to maintain safe walkways around the building.
I would contact your insurance company and see what they have to say. My guess is your insurance company may pay for any damage to your car as you were driving it and the Landlord's insurance company would pay for the damage to the door, as you were instructed ti move your car and the Landlord did not maintain a safe walkway.
It should be up to both insurance companies to sort out who is to blame, and for what damage. It is a good idea to have Home Insurance as well.
Beverly Bellegarde says:
Hello. I have been residing in this house since May 2012. There are 2 furnaces which heat the upstairs and downstairs of the rental unit. In October 2012 the furnace for downstairs quit working. The landlord had a plumbing and heating company look at the furnace. According to the technitions the furnace was old and now obselete thus ordering parts would be extremely difficult. the landlord welded the part and the urnace worked again for a few months. In January 2013 the same furnace quit working again. I advised the landlord immediatly. No repairs were facilatated. Finally on December 17, 2014 i had a heating and plumbing company repair the furnace and i deducted the amount off of my rent. The landlord immediatly issued me an immediate notice to vacate the premises. Doesnt the landlord have an obligation to ensure that there is heat in the house?
Admin says:
The Landlord does have an obligation to heat the premises, you should have called the Health Inspector.
By deducting the repair cost from the rent, without the Landlord's permission, could imply that you are not paying your full rent, and that is possibly why the Landlord has decided to evict you?
What is the Eviction Notice saying? An Eviction Notice should state a reason for the eviction. I would contact your Landlord and ask why you are being evicted? Get everything in writing and document everything.
If a tenant accepts responsibility to repair something that the Landlord is responsible for, then that is up to the tenant, just make sure a professional trades-person does the job, just in case anything goes wrong, and make sure you have insurance.
With any Maintenance issue it is best to fill out a Maintenance Request, date and copy it, then keep a running record of what is or is not happening. Check your lease and see what repairs you are responsible for?
You could contact the RTDS and see what they have to say.
Juanita says:
I recently rented a place on a month to month lease. I currently have no move in report or any paper work. I have paid by money order. discussed smoking with my landlord and agreed i would not smoke inside. He just informed me today that I am not to even smoke on the balcony. He stated that the entire building is smoke free. I do not want to have to move again and am wondering what I can do.
Thank you.
Admin says:
You should have a written lease that states the rules regarding smoking, it may define what areas you may or may not smoke in.
Smoking is usually not allowed in common areas, but generally smoking is at the discretion of the Landlord.
Jennifer says:
Just rented a place. Upstairs tenants smoke marijuana. It all comes down stairs. At first i didn't want to say but today i got into a friend car and was told i reek of marijuana. Should i talk to the people upstaIrs or go straight to the landlord. My roommate works at the airport and cannot smell like it.
We are only signed into a six month lease. If nothing can be done I'll have to Move angel will inform my landlord why.
Admin says:
I would go straight to the Landlord and express your concerns and put them in writing.
You could call SCAN, the Police or your Community Resource Officer.
If your Landlord does not resolve the situation I would look for somewhere else to live and let the Landlord know you will be breaking the lease. It is unlikely that your Landlord will take you to court to contest an illegal activity that the Landlord is condoning.
Most leases state "no illegal activity is allowed", smoking Marijuana is an illegal activity.
The other issue is that you may well test positive for marijuana in a blood test; you could lose your job.
Depending on the property layout, the Landlord could prevent the air flow from the apartment above you, but it would depend on what the Landlord is prepared to do?
Selene says:
Ok, here's a good one. I've been living in the same basement suite for almost 4yrs and only signed a lease last Oct. This was because my rent was hiked by $100.00 and I was worried it may go up even more.
Here's the problem: I've since lost my job and now find myself unable to afford the rent at all!
It said in the lease that I will be on the hook to pay the rent until this place gets rented again. But if I can't afford $950.00 a month let alone, for another place, what can I do?
Admin says:
If you cannot pay your rent it is only a matter of time before the Landlord evicts you.
If you do not move the Landlord will most likely take you to court, and you will have to pay the back rent owing, court costs and the remainder of the lease, until the place is rented.
Call Social Services and tell them your situation and see what they have to offer; they sometimes do a one time rent payment.
Ask the Landlord for a month to month lease.
If you let the Landlord know you cannot pay the rent, he can give you an Eviction Notice, which you can take to Social Services and THEY MAY or MAY NOT pay your rent on a one time basis. This gives you a month to sort things out.
You can contact Calgary Housing, who do subsidized rental housing for low income people, and put in an application.
Depending on your living situation the Landlord may: allow you to take in an extra person to help share rental payments; reduce the rent, put you on a month to month lease; or come to some payment arrangement until you get back on your feet.
Do an online search for "subsidized housing Calgary".
There are several low income and other criteria housing companies who do subsidized housing in Calgary, depending on your circumstances. Subsidized rent is usually 30% of your current income.
If you are homeless there are many downtown and other agencies who help homeless people (CUPS, In From The Cold etc).
Put your possessions in storage if you are evicted.
So, I would contact Social Services and see what they have to offer; contact Calgary Housing, or some of the other subsidized housing agencies, then let your Landlord know your situation and see what the Landlord has to say.
concerned says:
July august 12 2013, your admin needs to edit what they said about "pot". Yes it is still illegal at the moment but there is no proof at this time that it causes schizophrenia or any other illnesses.
If used for medicinal purposes it, it can cure just about everything. In roughly 2 years it will be legalized.
Of course all medicine has people who abuse it. Do not generalize that all people who use are degenerates.
Admin says:
Degenerates are your words not mine.
I have nothing against Pot when used in medicinal form, and it is not being smoked in an apartment building, affecting others.
I agree that Pot can help when used medicinally, for pain relief and other purposes, and in medicinal form; however when people are smoking Pot in an apartment building it affects other tenants, some severally, making them ill and disrupting their lives.
My comments are based on family experiences, many studies and Mental Health professionals.
From http://www2.nami.org: Not all people who smoke marijuana will develop schizophrenia, but people who are at risk of developing this illness—including individuals with close family relatives that have severe mental illness—will be more likely to experience psychosis if they are using marijuana.
The Landlord and Tenant Calgary website is not about the moral use of Marijuana, it is about the disruption caused to tenants from other tenants smoking Marijuana.
Your comments are as valid as mine, which is why I have printed your reply.
Cari says:
I was provided a rental agreement for a fixed term, that states "the tenant shall check that the fridge, stove, washer and dryer are operating. Should repairs be needed in the future, the tenant will be responsible for 50% of the reapair costs." I can see maybe the washer and dryer being difficult to force them to repair (it's in suite) because they're not necessities, but can they force me to pay for fridge/stove repairs? From the Landlord Tenant act it sounds as though they're responsible for repairs, but in the Minimal Health and Housing docs it says in clause 14 (d) that the landlord is responsible unless agreed in writing in the lease that the tenant is responsible. Just wondering whether they can ask me to pay half? I know that some clauses (even if written in the lease) are not enforcible if they contradict the Tenant Act. So wondering essentially if this is enforcable even if I sign? Or if I sign then that's it… I'm held to it?
Admin says:
You are correct, the RTA supersedes anything signed in the lease; however, you may have to go to court to resolve any issues if you sign the lease.
What I would do is put a single straight line through any terms in the lease you are not happy with and initial them; get the Landlord to initial as well.
If this is an issue for the Landlord, then I would wonder why, and what type of Landlord they are?
In most tenancy leases the tenant is responsible for any damage caused, anything else is normal wear and tear, which the Landlord is responsible for.
Lilian says:
Recently I took on an apartment with 6 month lease. Before that I lived in a senior apartment where during 2014/2015 (January) was stalked and eventual sexual assaulted. It was very unsafe for me and the landlord agreed for me to break our lease. ~~ I searched very hard during the month of February in finding a different apartment within my financial limits but I found one. I even went to police inquiring about the area and was told it is family community and fairly safe. No major incidents. Rental Agent told me it is a safe place, quiet, clean, and I truly had no reason not to believe agent. MY QUESTION: 1st nite I had people outside my windows looking into the apartment flashing lights. Same week-end two male trying climbing up the pillar of my balcony during late nite possible intend to reach next level floor. 3 days later upon opening living room blinds there was a sleeping bag with a person sleeping inside my balcony. Also I encountered a mouse in the hallway and where there is one mouse there are many. I keep cleaning broken glass from thrown on to my balcony liquor bottles, cigarette boxes and cigarette stubs. Had even empty chocolate bar wrap. I contacted the landlord with a polite letter and response was to call 911. Never even replied to mice. ~ I just left a horrid situation ONLY to get in to a similar fear inflicting situation. I now receive counselling to help me with my fear. I have a huge problem being by myself at nite in the apartment. Anxiety has become my nite partner. I now have to take prescription medicine for sleeping and sour nervous stomach. I am not happy about taken medicine in addition to my regular medication NOR the apartment I am leasing. How can I legally break the lease? The rent is $1400 dollars a month for 1 bedroom. My doctor will support this, my situation.
Admin says:
It is general practice for a Landlord to ask you to call the Police for anything that you feel is threatening you, whether it is another tenant or people hanging around the building.
The Landlord cannot guarantee your safety, but can help with building safety by providing lots of light around the building at night, trimming tree branches around the building to a height of 6 feet and making sure dark areas are lit and with no hiding places.
You should talk to the Landlord, explain your concerns and ask if you can shorten your lease, and look at moving to a safer neighborhood.
If you break your lease the Landlord can charge you rent until the premises is re-rented.
Amy says:
I burn a ring on my landlord's table. If you can see the picture of the table, you will know it does not worth a lot. But my landlord said it's a antique and she hold my total deposit to repair it. She even put her boots on that table. who would do that to an antique? And. she never did anything to protect the table. May I know what shall I do to pay a reasonable amount for it?besides, she found three companies for refinishing. The prices are much higher than the quota I found.
Admin says:
In general, the tenant is responsible for any damage to the property.
If the property was furnished, it is unlikely a Landlord would leave antiques in a rental property.
The damage to the table could be Normal Wear and Tear.
The questions I have are:
Have you moved out of the property?
Did the Landlord do a Move In Inspection? If not the Landlord cannot hold your Damage Deposit.
If you have moved out did the Landlord do a Move Out Inspection?
If a Move Out Inspection was done, did you agree to damages and sign the Inspection?
You should document everything, take pictures of the table and get an expert opinion of what the table is worth; based on that you could contact a Lawyer, or the RTDS.
amy_tjljy says:
She did not do move in inspect as well.
Admin says:
If the Landlord did not do a Move In Inspection then the Landlord cannot keep your damage deposit, as there is no written documentation showing the state of the premises when you moved in, and no written documentation that you signed on moving out admitting responsibility of any damage; you will have to contact the Residential Tenancy Dispute Service in Calgary, or a lawyer to get your deposit back.
Sandra D says:
Hello, I started a lease in March for one year. When we saw the apartment it had a damaged wall by water filtration, and damaged carpet in one of the rooms: there is a missing piece and you can see the concrete base of the floor. All this is listed on the move-in inspection report. When we signed the lease our landlord told us that once she has repaired the roof (that caused the water filtration) she would do the respective repairs in our apartment, but the roof has been repaired and nothing has happened with our apt. My question is: how long am I supposed to wait? Is there any way of enforcing what we agreed?
Sandra D says:
I have another problem and that is that the following clause appears on my lease:" THE TENANT MUST PROVIDE TWELVE POST DATED CHEQUES ON A CALGARY MAJOR BANK…" I used to live in Quebec and on my checks appears the address that I had there, but once I moved to Calgary I request my bank to transfer my account, which they did, so my main branch is in Calgary, now that I've been asking my landlord to make repairs to the apartment, she is saying that I am in breach of contract, even though she got a communication from my bank where they state that my main branch is in this city and my rent has been paid without any inconvenience until now. Thank you very much!
Admin says:
It may be that the cheques are still going to your old bank causing a time delay, ask your Calgary bank for new cheques and give them to your Landlord..
Admin says:
Your Move In Inspection should state the damage or repairs to be done, and that the repairs will be done at some point in time. If the Move In Inspection does not state when the repairs will be done and nothing is in writing, then you accepted the condition of the apartment by signing the Move In Inspection.
Verbal agreements will be hard to enforce if your Landlord is not a person that keeps their word and agreements. Ask your Landlord when she is going to do the repairs and reiterate that you had a verbal agreement that the work would be done when the roof was repaired.
Candace says:
We just moved into a house, 2weeks ago, which is managed by a management company for the landlords. The representative for the company noticed black mild on the baseboard behind the toilet. A maintenance man came out to look at it. Took the floorboards off, plus tore down a portion of the wall in the adjoining bedroom. This was a week ago. He saw mild in that area also. I am concern because black mild is a health hazard. Can you suggest what we can do about the. We haven't been able to use that bedroom. Plus the 1/2 bath ensuite toilet doesn't' t work now and has black ink like slim on the flapper. This place was advertised as a 2& 1/2 bath. We can only use 1 bathroom now which is in the basement & I use a cane for mobility issues.
Thank you for your assistance.
Admin says:
Mold needs to be treated by Mold Specialist companies to remove all mold issues.
It is good that they are opening up walls and floors to see what extent the Mold is in the house. They can temporarily seal in the mold, but now it is open to the atmosphere it may be airborne.
You should contact your building management and ask them for specific dates when they intend to do mold remediation treatment, or what they are doing to resolve the mold issues.
You can call the Health Inspector, but if the problem is serious they may close the house until repairs are done, and you may have to find somewhere else to stay; it will depend on the Health Inspector's ruling.
amandapanda says:
Hi, I have a question and I hope you can help. I have lived in my townhouse for almost 3 years. When I first moved in there were bed bugs and the landlord refused to do anything. I ended up paying close to 500.00 on sprays and eventually fixed the problem. Now my landlord is in the middle of selling, he says the new owners will be taking over at the end of the month. 2 days ago we found one bed bug. We called the landlord and told him that we would buy the spray but we are taking it off the rent at the end of the month. He called back later today and said that he needs to tell the new "possible" owners of the problem and that they or him can give me 24 hour eviction because of the problem. He said he talked to 2 layers and they said that we can get a 24 hour eviction. Is this true, or is he just trying to scam me in some way. I know he doesn't want me to take the money off the rent, he is offering to write me a 1 years lease before the new owners take over so that I am protected, can he do that without telling them? I just feel that he is scared that the sale won't go through if they know about the bug and he is either trying to get rid of me or keep me quiet. Any information you can tell me would be great, thanks.
Admin says:
It is unlikely that the Landlord can evict you because of Bed Bugs.
You need a professional pest control company to treat the problem, which may take up to 3 treatments at a cost of around $100 each and up to 6 weeks, if you do the correct prep work. Normally the Landlord should pay for the treatments, as the problem could spread to other property.
The condition of the sale is between the Landlord and the new owner. I am sure the new owner would want to know about the problem.
You could call a Health Inspector and see what they have to say.
It is up to you, but I would contest any eviction notice and ask for court documentation or letters from his lawyers.
You could also contact the Residential Tenancy Dispute Service.
hksjones says:
Very glad I found this site. A couple of questions about Calgary landlord and tenant matters. Can a landlord in Calgary tell you which utility company you have to sign up with when you pay your own utilities? Natural Gas.
Also, nothing they said they were going to fix has been fixed…..except the fridge shelf which they came and replaced without giving me any notice they were coming………they just came in with the master key.
Can they do this? I feel like I have been violated…..and is this enough to break a short term fixed lease? Thanks in advance.
Admin says:
Any rules should be listed in your lease. The building utilities may be common and you pay your share, or the Landlord has an account with a utility company. I am wondering what the Landlord said about the utilities when you took the apartment and whether anything is written in your lease.
The Landlord has to give you a 24 hour Notice to Enter, unless it is an emergency. I would write them a letter and ask them to give you proper notice to enter.
If you break your lease, you may be liable for rent for the remaining term of the lease.
Logan says:
Hello am just wondering a few things have been researching landlord and tendant act and not to sure if I'm in the wrong or my landlord…Okay so as soon as I moved in (7months ago) they told me their was a no pet rule and people with pets are moving out right away. So I thought..almost everybody has a pet except us as we keep asking and they told us no still and I don't know how to go about that as it doesn't seem very fair to us but I left it at that. Also the other day they told me I wasn't allowed to have a certain person over or on the premises I asked why and they said their is to many complaints about your visitor. Which is unlikely as he barely comes around and also obeys the rules of the apartment. I also asked if he could tell me who was complaing and what they happened to say he told me to leave it at that it doesnt matter.I'm just wondering if their allowed to ban somebody from my apartment I rent or if their doing it intentionally as I'm on disability and possibly our race? As they seem like their singling us out. Please let me know what you think as ive been puzzled about this and have been researching but can't seem to find any good input. Thank you
Logan says:
Any input on the landlord banning certain people from my apartment would be appreciated don't know to much about the land lord and tendant act but thank you in advance.
Admin says:
A property management can set a pet policy.
If a current pet policy is rescinded by the management, new tenants will not be allowed pets, while current tenants with pets may be grandfathered in. The main issue with pets is cats, dogs and animals that can damage property, or the tenants do not clean up after the pets; sometimes small birds in cages and small fish bowls are allowed. Your lease should state and rules or building policy, which normally states if pets are allowed. If the lease states no pets are allowed and you get a pet, you are breaking your lease and can be asked to remove the pet, or be evicted. If you want pets you would need to find a building that accepts pets in the lease.
A Landlord can ask you not to bring certain guests into the building, if they are causing problems, however to enforce that they would have to get a court order to restrict the person from entering the building. This would entail the Landlord going to court and presenting a case to restrict the person. You could also ask your friend if they are visiting other tenants, as they may be causing problems in other apartments that you are not aware of. You may want to contact a Lawyer who would advocate on your behalf, or contact the Residential Tenancy Dispute Service. The building management will not tell you who is complaining because of privacy reasons, but they should be able to tell you what the nature of the complaints are. Generally you are held responsible for your guests and their behaviors, which should be written in your lease.
Admin says:
You are responsible for your guests and their behavior, which should be written in your lease or list of riles for your building.
Normally Landlords will gather information from other tenants about you or your guest's behavior, and then send you written warning notices; once the Landlord has enough written information about adverse behavior they will go to court, or give an eviction notice.
Dan says:
I haven't been able to find any information on the internet regarding Daily Rentals and the notice time concerning someones end of tenancy. My building is staff accommodation, when people are fired, they are given a written notice saying they have 24 hours to vacate as their work has ended. the Tenancy agreement does state that this, and tenants do sign it.
Do you have any info regarding Daily rentals and the ability to evict them after 24 hours.
Admin says:
If I understand your question correctly, when staff who are in staff accommodation are fired they are given 24 hours notice to vacate.
An offer of employment or the lease you sign at the beginning of any employment which involves staff accommodation should state the vacate time, if termination or end of employment happens.
Section11 of the RTA Terminating The Periodic Tenancy Of An Employee sets out the rules that must be followed.
Generally most Employer/Employee agreements may be one week for a periodic tenancy agreement, but whatever you sign as an employment offer may apply.
Depending on the reason for termination a 24 hour notice could be given.
If you have a fixed term Lease then section 11 of the RTA may not apply.
Dan says:
Sorry if i didn't word myself very well but yes you did understand my question above.
The lease quite clearly states that if you are fired from your job then you are required to vacate within 24hrs.
Does this signed agreement take the place of Section 11 RTA or does it fall within it, i ask as section 11 states it has to be which ever is longest; or it refers to section (b), which regulations is it referencing in section (b)
Admin says:
You would have to contact a lawyer, or seek a court ruling; or contact the RTDRS http://www.servicealberta.ca/rtdrs/Contact_Us.cfm
Generally, whatever agreement you have signed would apply, unless the RTA supersedes that.
If you decide to stay and not move, then it is likely the Landlord would have to get a court order and possibly have a bailiff remove you from the premises; which all takes time, but you may end up losing and having to pay court costs.
The obvious thing is not to sign a periodic lease, and instead ask for a Fixed Term Lease; check the lease to see which type it is. A fixed term lease would run its course, and just not be renewed by the Landlord at the end of the lease term.
NErickson2013 says:
Hi Admin,
We live in a Duplex with an illegal suite in the basement. Our landlord lives on the other side. We are constantly asking the tenant below us to switch the breaker, because if we have 2 appliances going in our kitchen at once, we blow the fuse. Are we allowed to terminate our rental agreement due to this electrical issue that started happening 6 months after we moved in? It is a huge inconvenience especially when both landlord & tenant down stairs isn't home and we have had to throw out a lot of food because of this.
Also as a tenant by law do we have to paint our unit upon leaving?
Thank you.
Admin says:
If there is an illegal suite, then it is in your Landlords best interest to provide you with access to the breaker panel, or put in a sub panel in your unit or common area, so you can reset the breaker.
The Landlord could resolve the problem by putting the breaker panel in a common area that all tenants would have access to. If the Landlord is not prepared to do this, then you could ask to break your lease, or contact the RTDRS and see what they have to say.
You do not have to paint your unit upon leaving. The tenant may be responsible for painting if damage is done to walls that require painting. Damage can be scuffs, nail holes, holes caused by the tenant to drywall. Normal wear and tear should be taken into account, but generally if the apartment is left in the same condition it was when you moved in the Landlord cannot charge your for repairs or painting. You should check your lease and see what it says about hanging pictures; and check your Move In Inspection which should indicate the condition of the suite when you moved in.
cheyenne says:
Okay so my neighbour beside me smokes pot all day long and sells it. Anyway I don't care that he smokes but My 6 year old is room smells so bad he doesn't like sleeping in there. The guy got a warning a couple months ago about it and he stopped for a bit then this last month he started again. The cops showed up last night because my landlord didn't want anything to do with it so the cops came and gave him a warning and told me to give the case number to the landlord (the police also seemed annoyed about me) so I did that this morning and the landlord told me that they are going to talk to him. So when my child and I got home his room didn't smell so I put him to bed in there. Just now (11:30pm) when I went to check on him his room reeks of skunk weed. I called my landlord but they pretty much said they're annoyed of me complaining and that they can't force him to stop. I dont smoke at all so why do I have to put up with this shit? I live in calgary housing I can't move. Ive contacted my landlord, the leasing office, calgary police and calgary housing but nobody seems to care. this is unfair!! What can I do?
cheyenne says:
I take back what I said about the calgary police "not caring" they were extremely helpful tonight. I appreciate all that they've helped me with. I called them again tonight because my landlord said he didn't want to hear it and said to call the cops. Which I did and the operator was so caring. My question is… My neighbour has had 3 warning now. Once from the landlord and twice from the calgary police. What can I do now? I feel bothersome always calling the police… Should I call the landlord tenancy act if my landlord doesn't evict my neighbour? The calgary police said themselves this guy needs to go immediately. I've witnessed him drug dealing but I can't prove it? I just don't feel safe here and calgary housing refuses to transfer me. They said the only time they transfer someone is when their life is in danger….. Please help
Admin says:
You have the right to peaceful enjoyment of the premises, which should be stated in your lease; there should also be a clause about illegal activities in your building, which at this time as far as I know Marijuana is still an illegal substance.
Your Landlord should take the opportunity to evict the tenant based on the complaints, which should be in writing, and also the Police reports.
You could ask your Landlord why they are allowing a tenant who is using illegal drugs and may be a possible drug dealer to stay in the building; get the answer in writing.
You should document everything and get all communications in writing.
You could contact the RTDS and see what they have to say.
If you are in a smoking building then you can seal all electrical outlets and switches with foam seals, and put in entrance door bottom seals, and foam around the door frame.
Whomever owns the building is the Landlord, so Calgary Housing may be a partner of the property company who own the building. You are dealing with the Landlord, who will need a paper trail and enough evidence to evict a tenant, so all your complaints should be in writing, along with any neighbors who have the same problem. The Landlord should use the Police case number to get evidence and evict the tenant; but keep putting in written complaints to give the Landlord enough paperwork to take action.
Kathy511 says:
I received email from tenant who moved out to meet some place so they can serve me Notice of hearing. I never heard for that?! We did walk through on the date they moved out and they did some damages on floor .They diminish charges. Estimate from company was more then they agree too. My question is: Can they claim that they present documents even though we did not receive them and go to hearing. Are we in risk and what is our solution? thanks
Admin says:
From what you have written my understanding is that a tenant moved out and did some damage to the flooring, you had the damage repaired, but the cost was more than the tenant agreed to pay during the Move Out Inspection.
A tenant can dispute the Move Out Inspection and take you to court or the RTDRS, either way you should get some paperwork from them and see what the problem is.
If you are charging the tenant for damage, which should come out of the damage deposit, you should:
do a Move Out inspection, point out the damages and estimate how much the damages will be;
take pictures of any damages done by the tenant; it is always good to have before move in pictures to compare to move out ones;
have the tenant sign the Move Out inspection paperwork agreeing with the damages and estimated cost of repairs;
if the tenant does not agree and sign the Move Out Inspection, you may have to take them to court or RTDRS to get your money; or they may take you to court to get their money;
get two or three estimates and have the damages repaired;
give the ex tenant a copy of the estimates and the invoice for any repairs done;
If you are having a dispute with an ex tenant and they are taking legal action, you will have to make your case, so get any paperwork that the tenant signed, such as Move In and Move Out Inspection report, a Lease that states how the premise should have been maintained, pictures that show damages done by the tenant, estimates and invoices for repair work done.
Kathy511 says:
They were bringing lot of their furniture and scratched floor on couple of places. They signed move in and move out report and when they moved out I noticed scratches and ask them why they did not say anything, they said they forgot. come for. Plus it is hard to find exact match. We might ended up replacing all floor. We still did not find same hardwood and it still not repaired. They keep sending email to us to come and meet them somewhere so they can give us Notice of hearing. They still did not gave us Notice of hearing (our address is on lease). I am just wondering if they can say they tried but could not find us. Could judge make decision in their favor. We are not hiding, but why would I go to meet them to pick up documents. Should I call RTDC and tell them that?
Admin says:
I would call the RTDRS and see what if anything is going on.
My assumption is you kept part or all of their damage deposit to repair the floor?
You should repair the floor and give them an Invoice for the repairs; depending on the floor material a good handyman or carpenter should be able to repair the floor, if it is only scratched.
If someone is taking action against you, then generally you should receive notification from the court.
petropolis says:
I have a quick question about guests. Unless it is explicitly stated in the lease agreement is there any limit to the length of time a guest can stay? They will not be subletting, and they have a permanent address elsewhere, but they will be staying for some duration. I cannot find any Alberta specific information regarding this issue that has any explicit and clear information not filled with vague language open to interpretation.
Admin says:
A guest is anyone who is not a tenant, who stays longer than one week in any given month; or whatever is stated in your lease.
Most leases will state that you are responsible for your guests behavior, and that you must inform the Landlord, if you have guests staying.
If you do not inform the Landlord you have guests, then it is possible the Landlord could take action against you, which may put your lease in jeopardy.
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