Bill 207 — An Act To Amend the Landlord and Tenant Act (Legislature 18, Session 2)

L18 S2 5668

Alberta — Bills

1976 Bill 2,07 Second Session, 18th Legislature, 25 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 207

AN ACT TO AMEND THE LANDLORD AND TENANT ACT MR. NOTLEY First Reading ........................... .. Second Reading ..... . ....................... . Third Reading Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 207 Mr. Notley BILL 207 1976

AN ACT TO AMEND THE LANDLORD AND TENANT ACT (Asse.nted to , 1976) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Landlord and Tenant Act is hereby amended.

Section 16 is a1nended as to subsection (1) by adding the following clauses after clause (c): (d) "Board" means the Landlord T'enant Adjudication Board established hereunder or a ,municipal board (e) "municipal board" me'ans a board established pur suant to

section 22.1. 3. The following

section is added after se.ction 21.1 : 21.2 (1) (

a) Where a landlord gives to a tenant a notice to terminate a tenancy of residential premises the tenant may, not later than four days before the date the termination is specified to be effe'ctive, give to the landlord a notice demanding written reasons for the termination of the tenancy and particulars thereof. (

b) The landlord shall give to the tenant, not later than two days from the date the landlord is given notice under clause (a), notice in writing of the reasons for the termination and particulars thereof. (2) (

a) A tenant of residential premises may appeal a notice to terminate to the Board or to a municipal board where such a municipal board has been estab lished pursuant to

section 2,2.1. (

b) If a tenant appeals a notice to terminate a tenancy, the Board shall hold a hearing as soon as practic able and may receive evidence under oath to deter mine whether the landlord's written reasons and particulars justify termination of the tenancy and shall make a ruling confirming, amending or annull ing the notice to terminate.

Explanatory Notes I. Amends

chapter 200 of Revised Statutes of Alberta. 2. Landlord and Tenant Adjudication Board defined. 3. Provides for Board to review termination of a tenancy.

(

c) At least five days notice of a hearing by the Board shall be given to the landlord and tenant involved.

(3) Any notice given by a tenant under clause (

a) of subsection (1) or a landlord under clause (

b) of subsection (1) or the Board under clause (

c) of subsection (2) shall be given in the manner prescribed in

section 5.

Section 17 is amended by re-numbering subsections (1) and (2) as subsections (3) and (4) and by adding the following as subsections (1) and (2):

(1) A lease in the standard form to be provided for by regulation under this Act shall cover all agreements be tween landlords and tenants for tenancy of residential premises.

(2) The landlord and tenant may agree to terms of the lease which differ from those provided for in the standard form provided pursuant to subsection (1) provided that: (

a) such terms are evidenced in writing by amendment of the standard form, and (

b) the amendments to the standard form are made in such a way that the terms in the standard form that are deleted or varied remain legible in their original form.

Section 18 is struck out and the following is sub stituted therefor: 1:8.

(1) A landlord may require a tenant to provide a security deposit not to 'exceed the sum of one month's rent.

(2) Any security deposit required by a landlord shall be paid to the Board by the tenant on or before the first day of the tenancy and the Board shall provide the landlord and and tenant with evidence of the receipt thereof.

(3) The Board shall hold the security deposit in trust for the landlord and tenant jointly.

(4) The Board may invest the security deposit in invest ments authorized by The Trustee Act, and shall pay interest thereon to the tenant at a rate of six per cent payable at the end of each year and upon termination of the tenancy.

(5) The Board shall return the security deposit to the tenant five days after the expiry of the tenancy unless the landlord files with the Board a claim to all or part of the security deposit, supported by an affidavit setting out par ticulars of the claim, within five days of the expiry of the tenancy.

(6) If the landlord files a claim for all or part of the security deposit, the Board shall provide a copy thereof to 2

4. Provides for all leases to be completed on a standard form. a.Provides for Board to hold security deposits.

the tenant if he applies in person, by counsel by agent or by mail therefor, and (

a) if the claim is not contested by the tenant within s'even days of his receipt of a copy or of the date of mailing of a copy to him, the Board shall pay the landlord the portion of the security deposit claimed and return the remainder to the tenant, or (

b) if the claim is contested by the tenant, the Board shall hold a hearing as soon as practicable to ad judicate on the disposition of the security deposit.

Section 19 is struck out and the following is sub stituted therefor: 19.

(1) A landlord who requires a tenant to post a security deposit under

section 18 shall post a m:aintenance deposit with the Board equal to the amount of the security deposit, on or before the first day of the tenancy.

(2) The Board shall hold the maint'enance deposit in trust for the landl'Ord and tenant j'Ointly.

(3) The Board may invest the maintenance dep'Osit in investments auth'Orized by The Trustee Act, and shall pay interest there'On t'O the landl'Ord at a rate 'Of six per cent payable at the end 'Of each year and UP'On terminati'On 'Of the tenancy.

(4) A tenant may make an applicati'On t'O the B'Oard which shall be supP'Orted by an ,affidavit 'Of the relevant particulars f'Oran 'Order that the landl'Ord undertake neces slary maintenance 'Or repairs t'O the premises t'O the extent that he is liable f'Or maintenance and repairs under the lease and the Board has P'Ower t'O make such an 'Order.

(5) If any landl'Ord fails to c'Omply with an 'Order made under subsecti'On (2) the B'Oard may direct that main tenance 'Or repairs be undertaken by or on behalf of the tenant and that the maintenance deposit 'Or part thereof be used t'O pay f'Or such maintenance 'Or repairs.

(6) A landl'Ord may make written applicati'On f'Or the return 'Of a maintenance dep'Osit sh'Owing evidence that the security dep'Osit has been returned t'O the tenant and if n'O claim has been filed against the maintenance dep'Osit Dr if all claims against the maintenance dep'Osit have been settled t'O the satisfacti'On 'Of the B'Oard, the B'Oard shall return the maintenance deposit t'O the landl'Ord. 7. The following

section is added after

section 20: 20.1

(1) N'O pers'On shall prevent 'Or interfere with 'Or attempt to prevent 'Or interfere with the f'Ormation 'Or 3

6. Requires landlord to post a maintenance deposit with the Board and empowers the Board to order maintenance or repairs. 7. Tenants associations and access by political candidates not to be denied. 3

operation of any formal or informal association between tenants whether or not thO'se tenants are tenants of a com Inon ladlord.

(2) No person shall prevent or interfere with or attempt to' prevent or interfere with communication between tenants whether or not those tenants have a commO'n landlord.

(3) No landlord or employee or agent of a landlord may prevent a candidate or a p'erson acting on behalf of a candidate in a municipal, provincial or federal election or by-election from gaining access to a PO'int immediately out side the entrance to premises occupied by a tenant of such landlord between the hours of 8 :00 a.m. and 10 :00 p.m., unless (

a) the person seeking access fails to produce written evidence of the fact that 'he is, or is acting on behalf of, a candidate when it is demanded of him by the landlord, his emplO'yee or agent, O'r (

b) the persO'n seeking access is causing a disturbance, or (

c) the person seeking access is or appears to be under the influence of alcohol or a drug, O'r (

d) the tenant has requested in writing to the landlord that such persons should not be allowed such access,

Section 22 is struck out and the following is sub stituted the.refor: 22.

(1) The Landlord and Tenant Adj udication Board is hereby established.

(2) The Lieutenant Governor in Council shall appoint fifteen members to the Board of whO'm nine shall constitute a quorum.

(3) The Board may make by-laws governing its internal procedures.

(4) The functions of the Board are and it has power: (

a) to adjudicate on disput'es between landlords and tenants relating to termination of tenancy agree ments; (

b) to adjudicate on disputes between landlords and tenants relating to maintenance and repair of resi dential premises; (

c) to receive and hold and return security deposits and maintenance deposits as provided for in this Act and in regulations issued hereunder.

(5) The Board may exercise its powers described in sub section (4) in up to five divisions responsible for geog~aph- 4

8. Establishes a Landlord and Tenant Adjudication Board. ·4

ical areas defined by the Board and in which three members shall constitute a quorum.

(6) The Board members may receive remuneration 'and expenses fixed by the Lieutenant Governor in Council and the Board may hire such staff as it deems necessary to carry out its functions provided that moneys have been appr'Opri ated for those purposes by the Legislative Assembly. 9. The following

section is added after

section 22: 22.1

(1) The council of a city, town, village, municipal district or county, or the board of administrators of a new town, may by by-law establish a Municipal Landlord and Tenant Adjudic'ation Board with powers equivalent those granted to the Board by this Act within that jurisdiction.

(2) Where a Board has been established pursuant to sub section (1) it shall take over the responsibilities, duties and powers of the Board established by

section 22 relating to tenancies of residential premises within that jurisdiction.

Section 23 is amended by adding the following after clause (b): (

c) establish the remuneration for members of the Board if monies have been appropriated for that purpose by the Legislative Assembly. (

d) authorize the Board to carry out its functilOns in a larger number of divisions than those permitted by

section 22.1. (

e) prescribe standard forms of lease to be used pur suant to

section 17. 11. Any person who violates any provision 'Of this Act commits an offence and is liable upon

summary conviction to a fine not to exceed $1,000. 12. This Act comes into force on a date to be fixed by Proclamation which shall not be earlier than the date upon which the Legislative Assembly by separate vote ap propriates money to the purposes contained herein. 5

9. Authorizes the establishment of municipal boards. 10. Authorizes regulations. II. Offences and penalties. 12. Commencement. 5 Title: 1976 (18th, 2nd) Bill 207,

An Act to Amend The Landlord and Tenant Act

Document details

Collection	Alberta — Bills
Citation	L18 S2 5668
Type	bill
Volume / chapter	L18 S2 5668
Language	en
Format	json
Source	PROVINCIAL
Identifier	ce71cc1ca5bfdef42ffdf23e3576fd07f91fa489

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