Bill 361 — Fourth Session, 22Nd Legislature, 42 Elizabeth Ii the Legislative Assembly of Alberta Bill 361 Landlord and Tenant Amendment Act, 1993 (Legislature 22, Session 4)

L22 S4 2532

Alberta — Bills

1993 BILL 361 Fourth Session, 22nd Legislature, 42 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 361 LANDLORD AND TENANT AMENDMENT ACT, 1993 MR. CHIVERS First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1992 (22nd, 4th) Bill 361, Landlord and Tenant Amendment Act, 1993

Bill 361 Mr. Chivers BILL 361 1993 LANDLORD AND TENANT AMENDMENT ACT, 1993 (Assented to , 1993) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Residential Tenancies Act is amended by this Act. 2 The following is added after

section 14(c): (

d) A landlord is responsible for providing and maintaining the rented premises in a good state of repair and fit for habitation during the tenancy and for complying with all applicable health and safety standards, regardless of the condition of the rented premises and the knowledge of the tenant of that condition when the tenancy agreement was entered into. 3 The following is added after

section 15.1: 15.11(1) For any matter relating to a tenancy, during a tenancy or after a tenancy has been terminated the address of the tenant shall be the address of the rented premises.

(2) A tenant may, by written notice, provide an address other than that of the rented premises, provided it is a street address and postal address in Alberta. 1

Explanatory Notes 1 This Bill will amend

Chapter R-15.3 of the Revised Statutes of Alberta. 2

Section 14 reads in

part 14 The following covenants of the landlord form part of every residential tenancy agreement: 1

Section 16(

a) is amended by adding the words "subject to

section 16.01" after "that". 5 The following is added after

section 16: 16.01 A tenant will not be in breach of

section 16(

a) if the rent is unpaid due to the landlord’s breach of

section 14(

b) or 14(d), or the landlord’s failure to supply adequate heat, power, water or other services where the landlord has agreed to provide them. 6 The following is added after

section 29: 29.1(1) Notwithstanding the remedies set out in

section 29, a tenant may, if a landlord commits a breach of a residential tenancy agreement or contravenes this Act, (

a) file an affidavit with the Sheriff setting forth the details of the contravention or breach; and, (

b) give notice to the landlord in accordance with

section 33; and (

c) pay the rent which would otherwise be due to the landlord to the Sheriff.

(2) If the landlord does not, within 14 days of receipt of the notice referred to in subsection (1)(b), file with the Sheriff a written notice of objection to the payment of the rent to the Sheriff, the money paid under subsection (1)(

c) shall be released by the Sheriff to the tenant.

(3) If the landlord files, within 14 days of receipt of the notice referred to in subsection (1)(b), with the Sheriff a written notice of objection to the payment of the rent to the Sheriff, the tenant shall make an application to the Court in accordance with

part 5 of this Act, for one of the remedies set out in

section 29.

(4) If the tenant is denied the remedy sought under subsection (3) the Court shall award the landlord his costs with respect to the application. 2

Section 16(

a) reads 16 The following covenants of the tenant form part of every residential agreement: (

a) that the rent will be paid when due; 2

7 The following is added after

section 32: 32.1 The common law rules respecting the effect of the breach of a material covenant by one party to a contract on the obligation to perform by the other party apply to tenancy agreements. 32.2(1) Where more than one person has a common interest in respect of an application under this Part, one or more of those persons may be authorized by a Court to make or defend an application on behalf of, or for the benefit of all persons having a common interest.

(2) This

section will not be applied unless the following criteria are met: (

a) the names of the persons the plaintiff seeks to represent are stated; (

b) the persons so named have an identity of interest with the named plaintiff; (

c) in the case of tenancy agreements, the tenants do not each have different contracts with the landlord and do not pay rent directly to the landlord; (

d) all persons named are members of the class at the time the action is commenced; and (

e) there is a clear indication that the persons named wish to be so represented and are willing to pay costs if the action fails. 8 The following is added after

section 35(d): (

e) if a claim is made under

section 16.01 by a tenant or group of tenants, (

i) the details of the breach, (ii) the notification provided by the tenant to the landlord, 3

Section 8 reads in pent: 8 A tenant’s application to obtain a remedy under

section 29 shall be supported by an affidavit setting forth the following: 3

(iii)a receipt from the Sheriff for the amount of money paid to the Sheriff. 9

Section 41(1)(

b) is repealed. 10 This Act comes into force on Proclamation. 4

Section 41(1)(

b) reads 41(1) The Provincial Court has the jurisdiction to grant any remedy or relief under this Act other than (

b) granting an equitable remedy, 4 Title: 1992 (22nd, 4th) Bill 361, Landlord and Tenant Amendment Act, 1993

Document details

Collection	Alberta — Bills
Citation	L22 S4 2532
Type	bill
Volume / chapter	L22 S4 2532
Language	en
Format	json
Source	PROVINCIAL
Identifier	2f16c4f311238c9945bc2393a969719f033ce693

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