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Domestic Violence, Renting and the Law

Domestic Violence, Renting and the Law. 06/01/2014 by jfeng. Homelessness is often a result of domestic violence (DV). When someone is fleeing violence at home, he or she needs somewhere to live and often has few or limited resources.

Actived: 2 days ago

URL: https://www.landlordandtenant.org/domestic-violence-renting-and-the-law/

Responsibilities

(1 days ago) Tenant Responsibilities. The rules that a tenant must follow fall into two groups:. The rules that are included in laws such as the Residential Tenancies Act or the Condominium Property Act.; The rules agreed to in the rental agreement. Renter’s obligations under the Residential Tenancies Act. The Residential Tenancies Act sets outs the rules a tenant must follow.

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Leases and Agreements

(6 days ago) If the law is silent on a particular issue, then the landlord and tenant can agree to anything, as long as it is not illegal. For example, the lease will usually contain terms about whether pets are allowed, which is not covered under the law. Landlords and tenants are left to come up with their own agreements about pets.

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FAQ – What are the Minimum Housing and Health …

(8 days ago) The Minimum Housing and Health Standards are the rules that landlords must follow regarding the upkeep and condition of their rental properties. These standards deal with many different health and safety issues in rental properties. Buildings must be kept …

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Government & Court Services

(Just Now) Edmonton: 780-644-3000. Outside of Edmonton: (toll-free) 310-0000 then 780-644-3000. The RTDRS also has an e-filing service option available where you can submit an application for filing anytime, anywhere. More information can be found on the RTDRS website: www.rtdrs.alberta.ca.

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Inspection Reports

(3 days ago) Inspection Reports. Inspection reports prove the condition of the property when the tenant moves in and when the tenant moves out. The Residential Tenancies Act requires that at least two written inspection reports be done. The move in inspection report must take …

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Residential Tenancy Dispute Resolution Service (RTDRS) e

(1 days ago) FAQ – What actions can be taken if a landlord or tenant is breaking the law? FAQ – What happens if the terms of the lease contradict the Residential Tenancies Act? FAQ – Will the Residential Tenancies Act rules be written in the lease? Notices. Eviction Notice (Notice of Termination of Tenancy for Substantial Breach)

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Normal Wear and Tear

(4 days ago) FAQ – What actions can be taken if a landlord or tenant is breaking the law? FAQ – What happens if the terms of the lease contradict the Residential Tenancies Act? FAQ – Will the Residential Tenancies Act rules be written in the lease? Notices. Eviction Notice (Notice of …

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FAQ – Where can landlords and tenants of mobile home sites

(7 days ago) Starting June 1, 2020, tenants and landlords of mobile home sites will now have access to the Residential Tenancies Dispute Resolution Service to resolve their tenancy disputes instead of going to court . Tenants can apply to RTDRS to: Recover damages arising from a breach or contravention of the lease. Receive a rent abatement.

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Notice to End a Periodic Tenancy

(Just Now) A tenant can end a periodic tenancy by giving the landlord written notice.A tenant’s notice to end a periodic tenancy must:. be in writing; be signed by the tenant; give the address of the rental unit; and; state the date the tenancy will end.; A tenant must give the termination notice to the landlord personally or by sending it through registered or certified mail.

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Dispute Resolution

(3 days ago) Landlord Remedies. If a tenant breaches the residential tenancy agreement or the responsibilities listed in the Residential Tenancies Act, a landlord can apply to Provincial Court Civil or the Residential Tenancy Dispute Resolution Service for one of the following remedies:. 1. Recovery of rent. If a tenant doesn’t pay the rent, the landlord can apply to recover the money owed.

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FAQ – Who is responsible for utility payments

(1 days ago) Check the terms of the lease.The Residential Tenancies Act does not specify who is responsible for utility payments. So the only applicable terms are those in the lease between the landlord and the tenant.Some leases set out a fixed amount to cover utility payments or a fluctuating amount based on the bill.

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Notice of Entry by the Landlord

(7 days ago) The landlord can enter without giving notice for three reasons. First, if there is an emergency, the landlord does not have to give notice to enter. For example, if the landlord sees smoke coming from under the tenant’s door and thinks the property is on fire, the landlord can enter without notice. Second, if the tenant consents to the

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FAQ – Do tenants have to attend the inspection

(9 days ago) Tenants are not required to attend the inspection. But it is a very good idea for them to be there and take part. The landlord must suggest two appointment times for the inspection. The landlord must complete the move-in inspection one week before/after the tenant moves in and moves out. The landlord’s two suggested inspection times must be on separate days, between 8:00 a.m. and 8:00 p.m.

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FAQ – Who is responsible to treat bugs in a rental property

(7 days ago) The law prevents a landlord from evicting a tenant on the basis of a complaint being made to Environmental Public Health. If a health inspector investigates and finds there is an insect or rodent infestation, the inspector can order the landlord to fix the problem.

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FAQ – What should a tenant look for at a move-in inspection

(Just Now) The inspection report should reflect the condition of the property on move-in and move-out. During the move-in inspection, it is important to take note of anything that is damaged or missing from the property. The tenant or landlord should take pictures of each room in the property during the inspection.. Tenants should look for the following items during a move-in inspection:

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FAQ – What if the landlord has not provided a Notice of

(3 days ago) FAQ – What if the landlord has not provided a Notice of Landlord? First, a tenant should check the lease to see if the landlord’s contact information is provided there. If it is, the landlord does not have to provide a Notice of Landlord. If the tenant didn’t sign a lease …

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FAQ – I put a security deposit on a house and signed the

(2 days ago) Under the Residential Tenancies Act, one of the landlord’s obligations is to ensure that the property is ready to be rented, on the day that the landlord said it would be ready. If the property is not ready, then you can refuse to rent the property (this is called repudiation of the agreement).You may also want to ask the landlord, in writing, to return your deposit.

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Security Deposits

(2 days ago) A security deposit is a one-time only payment and cannot be more than one month’s rent. A landlord must place a security deposit in a trust account within two days of receiving it. The money stays in the trust account until the tenant moves out. Landlords must pay tenants interest on security deposits. The rate of interest is determined by a

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FAQ – Can a landlord increase the rent at any time

(6 days ago) The Residential Tenancies Act allows the landlord to increase the rent once a year. For monthly periodic tenancies, landlords are required to provide three tenancy months written notice of the increase in rent. This means that if the landlord wanted the rent increase to start on January 1, the landlord would have to serve the rent increase notice before October 1.

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Notice of Termination of a Periodic Tenancy for Allowable

(7 days ago) Notice Requirements / Serving the Notice / Frequently Asked Questions. A landlord can serve a tenant with a notice to terminate a periodic tenancy for specific reasons, none of which mean the tenant did something wrong. The only reasons a landlord can end a periodic tenancy are: major renovations or demolition of the property; conversion to a condominium;

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FAQ – One of my roommates is moving out and we don’t have

(6 days ago) FAQ – What actions can be taken if a landlord or tenant is breaking the law? FAQ – What happens if the terms of the lease contradict the Residential Tenancies Act? FAQ – Will the Residential Tenancies Act rules be written in the lease? Notices. Eviction Notice (Notice of …

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Tenant’s 14 Day Notice to Terminate Tenancy

(8 days ago) Notice Requirements / Service / Landlord’s Notice of Objection / Frequently Asked Questions. The tenant can give the landlord a 14 day notice to terminate the tenancy when the landlord commits a substantial breach.The landlord commits a substantial breach when: the landlord does not meet the Minimum Housing and Health Standards required by the Public Health Act and its regulations; and

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Eviction Notice (Notice of Termination of Tenancy for

(8 days ago) 14 Day Notice for Substantial Breach (14 Day Eviction Notice) The landlord must give the tenant 14 clear days notice. This means that the landlord cannot count the day the notice is served on the tenant, and the landlord cannot count the day the tenant moves out.. Example: A tenant has been having late parties and disturbing other tenants.

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Notice of Rent Increase

(6 days ago) The notice is only legally required to state the date of the increase and it must be signed and dated by the landlord or landlord’s agent. For monthly periodic tenancies (where the tenancy goes month-to-month), the landlord must give the tenant at least 3 tenancy months notice of the rent increase. For example, if the landlord wants to

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FAQ – Does a landlord have to give the tenant notice

(2 days ago) Yes, the landlord must give the tenant notice if the landlord will be entering the tenant’s property to do repairs.. Under the Residential Tenancies Act, the landlord must give the tenant written notice at least 24 hours prior to entering the suite to make repairs.There are some exceptions, for example, if there is an emergency (e.g., a burst pipe). The notice must have the landlord’s

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FAQ – What does an inspection report look like

(9 days ago) The wording that must be in the inspection report depends on the circumstances. All inspection reports must contain the following statement: “Inspections should be conducted when the premises are vacant unless the landlord and tenant or their agents otherwise agree.”. If the landlord and the tenant conduct the inspection together, then:

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Roommates, Subletting, and Assignment

(9 days ago) A landlord must respond to the request to assign within 14 days. If the tenant does not hear from the landlord within 14 days, the law says the tenant can assume the landlord consents to the request. The landlord cannot charge the tenant a fee for consenting to the assignment. If a tenant gets permission to assign the lease, a release should be

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FAQ – What can be included in the lease

(7 days ago) At a minimum, a residential tenancy agreement should cover the following items: Names and addresses of the parties to the contract (i.e., the landlord and tenant or tenants). Date of the agreement. Names of all those who will be living in the premises, including children and a description of any pets. Address of the premises to be rented and

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FAQ – What can I do if I have a problem with my roommate

(3 days ago) While the Residential Tenancies Act (RTA) addresses the rights and obligations between landlords and tenants, it does not address the rights and obligations between roommates. Before you move in with someone, it is important to have a written roommate agreement in place to prevent future problems. A sample roommate agreement can be downloaded here.. If you do have a problem with your roommate

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FAQ – What happens if the Notice of Rent Increase does not

(1 days ago) If the notice does not include all of the following information, it is void and the tenant does not have to pay the increased rent:. amount of rent increase; date the rent increase will start; and; notice must be dated and signed by the landlord.; If a tenant pays the increased rent, but the notice did not contain all of the necessary information, the tenant can make an application in

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Inspection Report

(1 days ago) A written report that the landlord and tenant do together at the beginning and end of the tenancy.The inspection report done at the beginning is often called the move-in inspection report, and the one at the end is often called the move-out inspection report.

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FAQ – Does the lease have to be in writing

(3 days ago) If the lease is in writing, it must contain this statement in larger text than the other text 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.”. Also, if the lease is in writing and the tenant has signed it

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FAQ – If a roommate has not signed the lease, are they

(3 days ago) Leases include mandatory obligations from the Residential Tenancies Act and obligations that fall outside of it. Everyone who lives in a rental property must follow the rules listed in the Residential Tenancies Act, even if they haven’t signed the lease.. Obligations that aren’t covered by the Residential Tenancies Act may include shoveling snow, not smoking in the property, and not having

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FAQ – I suspect that my landlord is in financial trouble

(9 days ago) If a tenant suspects that the landlord is in financial trouble and at risk of losing their home, then the tenant can: . talk to the landlord; run a search at the Court of Queen’s Bench to find out if a lawsuit has been started against the landlord. There is a fee for this service. The tenant will need to know the property owner’s name. This information can be found in the lease or the

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COVID-19: Information for Alberta Landlords and Tenants

(3 days ago) COVID-19: Information for Alberta Landlords and Tenants. CPLEA has compiled some frequently asked questions about dealing with the COVID-19 pandemic (the “pandemic”) in rental properties. This resource may change as new issues develop. This CPLEA resource provides general information only. It does not provide legal or professional advice.

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Notice of Objection to an Eviction Notice

(2 days ago) If the landlord serves the tenant with a 14-day eviction notice and the tenant does not agree with the notice, the tenant can usually serve a Notice of Objection on the landlord. The objection notice must be in writing and set out the reasons for objecting to the termination. It must be sent to the landlord before the termination date set out in the notice (before the 14 days are over).

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FAQ – Can the landlord or tenant ever “break the lease”

(2 days ago) Substantial Breach. There are certain situations where a landlord or tenant may be able to “break the lease” or end the lease early. If the tenant or landlord has committed a substantial breach of the residential tenancy agreement, a 14 day notice can be served to end the tenancy or an application can be made through the Residential Tenancy Dispute Resolution Service or Provincial Court

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