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The Landlord and Tenant Law in Edmonton, Canada, is a crucial part of the Alberta Residential Tenancies Act (RTA). It stipulates and governs the relationship between landlords and tenants, setting out rights and responsibilities for both parties in residential tenancies. From security deposits, property repairs, rent increases, to eviction procedures, this law ensures a fair and balanced relationship between the two parties involved.
Engaging a lawyer can be a sensible step in many landlord-tenant situations. A lawyer can help in drafting and reviewing rental agreements, resolving landlord-tenant disputes, and representing you in court if necessary. Legal counsel can also prove invaluable when dealing with eviction procedures, alleged discrimination, property damage, or instances of rent withholding or deduction.
The key aspects of local laws involve rules for maintaining a rental property, eviction for just cause, rent increases, and security deposit handling. In Edmonton, landlords are obliged to ensure that rented properties meet at least the minimum standards for housing set by Alberta's Public Health Act. Rent can only be increased after a full year of tenancy, and with a written notice of 90 days. Security deposits cannot exceed one month's rent and must be kept in a trust account during the tenancy term. Eviction processes need to follow the proper lawful procedure and only for just cause, as outlined in the RTA.
As a tenant, you have the right to quiet enjoyment of the property, having repairs done in a timely manner, and to live in a rental property that meets the health, safety, and housing quality standards under Alberta law.
As a landlord, you are responsible for maintaining the rental property, securing the tenant's deposit in a trust account, only raising the rent as stated by local laws, providing 24 hours' notice before entering the tenant’s unit, and respecting the tenant's right to quiet enjoyment of the property.
No, a landlord must have a legitimate and just cause for eviction as stated by the RTA, such as neglecting to pay rent, causing damage, or breaching the tenancy agreement.
It is not recommended to withhold rent without legal advice, as this can lead to eviction. Tenants can apply to the Residential Tenancy Dispute Resolution Service or Provincial Court Civil to end their tenancy or for compensation for the landlord's neglect.
In Edmonton and all of Alberta, a landlord can only increase the rent after a full year has passed since the last increase or since the start of the tenancy.
The Service Alberta's Consumer Contact Centre is a valuable resource that can provide information and guidance. The Landlord and Tenant Advisory Board (LTAB) and Edmonton Community Legal Centre also offer free advice and information for landlords and tenants in Edmonton.
If you require legal advice, it would be beneficial to consult with a lawyer specializing in Landlord and Tenant Law. Collect all relevant documents such as your tenancy agreement, receipts, correspondence, etc. for the lawyer's review. Preparation is vital in protecting your legal rights, whether you're a landlord or a tenant.
