Introduction

Form of the Agreement

What is a Residential Tenancy under the RTA?

Entering into a Residential Tenancy Agreement

Public Health Requirements

Landlord's Right to Enter Property

Tenant's Remedies

Landlord's Remedies

Frustration of a Tenancy Agreement

INTRODUCTION

The Alberta Residential Tenancies Act defines an agreement to rent residential premises as a residential tenancy agreement. It would also be correct to refer to the agreement as a lease. There is no significant legal difference between the two terms. What is significant is whether the tenancy is fixed term or periodic.

The Residential Tenancies Act provides a minimum standard of conduct for landlords and tenants. It is possible for landlords and tenants to agree that more than the minimum standard will apply to a tenancy agreement for the benefit of a tenant, but they cannot agree to less. For example, the Act includes rules regarding the time periods for the termination of periodic tenancies. A tenancy agreement can provide for more than the statutory notice period, but not less. If the agreement does provide for less notice, the terms of the Act will automatically apply.

All written tenancy agreements have to include the following statement in larger print than the rest of the agreement :

The tenancy created by this agreement is governed by the Residential Tenancies Act and if there is a conflict between this agreement and the Act, the Act prevails.

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Form of the Agreement