Tenants

by Judy Downey

A condo owner renting a condominium unit to residential tenants must be aware of the rights and obligations as a landlord pursuant to both the Residential Tenancies Act (RTA) and the Condominium Property Act (CPA).

The Alberta Residential Tenancies Act and Regulation outlines the rights and obligations of landlords and tenants, and provides remedies when these rights and obligations are not met. The Condominium Property Act and Regulation affects condominium owners, buyers, sellers and developers, and include requirements that specifically apply to the rental of a condominium unit.

Before renting a condo the owner must give written notice to the condominium corporation of their intention to rent the unit, and provide:

  • the address where the owner can be served with
    documents, and;
  • the amount of rent to be charged for the unit.

A condo owner / landlord is responsible to ensure that the tenant(s) occupying the unit do not cause any damage to the common property; the corporation can request the
owner to pay a security deposit to cover any damage tenants may cause on the common property. The security deposit cannot exceed the amount of one month’s rent.

Note: the condo owner / landlord cannot use the security deposit from the tenant to pay the condominium corporation security deposit. Pursuant to the Residential Tenancies Act the security deposit a landlord receives from a tenant must be deposited in a trust account within two banking days of receiving the security deposit.

Within twenty days from the start of the tenancy, the condo owner must give the corporation written notice of the name of the tenant(s) renting the unit; and within 20 days of the end of the tenancy the owner must give the corporation written notice that the tenancy has ended.

Within 20 days after receiving this notice from the owner, the corporation must provide a
statement of account and any unused balance of the security to the unit owner. The statement of account will document any deductions made by the condominium corporation and the purpose of the deductions.

Landlords should ensure tenants have a copy, and are aware of, the condominium’s bylaws and that the residential tenancy agreement is in compliance with the bylaws. Condo owners and their tenants are required to follow the bylaws.

  • Pursuant to the CPA, the condo corporation may give a tenant notice to vacate the condo if a tenant causes damage or contravenes a condominium bylaw.

It is recommended that a residential tenancy agreement be in writing so both the landlord and tenant are aware of the expectations, and terms of the tenancy. The landlord must provide a copy of the tenancy agreement to the tenant within twenty-one days of all parties signing. The tenancy agreement should contain the following information:

  • Date of agreement
  • Names and addresses of landlord and tenant(s)
  • Names of occupants who are permitted to live in the residential premises
  • Address of the rental premises
  • Term of the tenancy – fixed term or periodic tenancy
  • Amount of rent per month, where, when and how it is to be paid
  • Identify who pays the utilities, and what is included in the rent
  • Amount of security deposit
  • Care, maintenance and repair responsibilities
  • Tenant insurance requirements
  • Additional fees, i.e., pets, NSF charges
  • Signatures of landlord and tenant
  • Addendums to the agreement may include a copy of the Condominium Bylaws

The City of Edmonton Landlord and Tenant Advisory Board (LTAB) provides advice and information to landlords and tenants, public education courses, tenancy forms, and resources to assist both landlords and tenants. You may contact the LTAB at 780-496-5959 or visit our office at 8904 – 118 Avenue for further information, and / or to register for our landlord course.

Judy Downey
General Supervisor, City of Edmonton Landlord and Tenant Advisory Board and Housing Programs
Edmonton.ca/ltab

This Article Originally Appeared in CCI’s Winter 2016 Magazine