Bill 220 — Second Session, 22Nd Legislature, 39 Elizabeth Ii the Legislative Assembly of Alberta Bill 220 An Act To Amend the Landlord and Tenant Act (Legislature 22, Session 2)

L22 S2 2752

Alberta — Bills

1990 BILL 220 Second Session, 22nd Legislature, 39 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 220

AN ACT TO AMEND THE LANDLORD AND TENANT ACT MR. HAWKESWORTH First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 220 Mr. Hawkesworth BILL 220 1990

AN ACT TO AMEND THE LANDLORD AND TENANT ACT (Assented to , 1990) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 Tiie Landlord and Tenant Act is amended by this Act 2

Section 1 is amended (

a) by adding the following after clause (d): (d.l) "fixed term tenancy" means a residential tenancy agreement in respect of which there is an agreed commencement date and expiration date as of the date upon which the agreement is entered into; (d.2) "landlord" means a person who grants to a person the exclusive right of tenancy of residential premises and includes: (

i) an agent or a personal or legal representative of, or any other person acting on behalf of, a landlord, (ii) a person to whom a landlord assigns a tenancy agreement, (iii) a trustee in bankruptcy, liquidator, receiver or committee appointed by any court or by law in respect of the property of a landlord, (iv) the purchaser at a judicial sale of the residential

Explanatory Notes 1 This Bill will amend

chapter L-6 of the Revised Statutes of Alberta 1980. 2 Adds new

definitions.

premises of a landlord, (

v) a mortgagee of the residential premises of a landlord who acquires title by foreclosure of judicial sale or who enters into possession of the residential premises, and the assigns of such mortgagee, (vi) any person who becomes the owner of property on which residential premises are situated, or that consists of residential premises, with respect to which, at the time the person becomes the owner, there is a subsisting tenancy agreement. (vU)a person who has acquired an interest in a residential property under the Tax Recovery Act or other reversion to Crown ownership; (d.3) "periodic tenancy" means a residential tenancy agreement in respect of which the term wiU contmue indefinitely untU notice of termination is served pursuant to

Part 1; (

b) by repealing clause (

e) and substituting: (e) "residential premises" means any place actuaUy used as a residential dwelling including but not limited to (

i) a unit in a room, apartment, townhouse, house, mobUe home, seniors' lodge, non-profit housing unit, co-operative housing project, goverimient owned residential property, or (ii) a room with board provided or a portion of an hotel, motel or tourist home occupied as a principal residence for 4 consecutive months or more or an accommodation provided in combination with employment; (

c) by repealing clause (

h) and substituting: (h) "substantial breach" means (

i) in the case of a landlord, a breach of a covenant specified in

section 14, and (ii) in the case of a tenant, a breach of a covenant specified in

section 16, or (iii) a series of breaches of a residential tenancy agreement, the cumulative effect of which is

Clauses (

e) and (

h) presently read: (e) "residential premises " means a self-contained dwelling unit used for residential purposes but does not include premises occupied for business purposes with living accommodation attached and rented under a single agreement; (h) "substantial breach " means (

i) a breach of a covenant specified in

section 16, or (ii) a series of breaches of a residential tenancy agreement, the cumulative effect of which is substantial.

substantial. Sections 4 to 8 are repealed and the following is substituted: 4 A tenancy may not be terminated except in accordance with this Act. 5 Where a Ijmdlord and tenant agree in writing before or after a tenancy agreement has been made including a fixed term tenancy, to terminate the tenancy on a specified date, the tenancy is terminated on the date specified. 6 Where a tenancy agreement does not specify a date for the tenancy to end and neither party to the tenancy agreement has reasonable grounds to beUeve that the other party is guUty of a substantial breach of the agreement, (

a) the tenant may terminate the tenancy, or (

b) the landlord may, in respect of one or more of the conditions in

section 8, terminate the tenancy, on or before the first day of a period of the tenancy by giving the other party to the tenancy agreement a notice of termination, (

c) in the case of a weekly tenancy, at least 7 days before the termination date, or (

d) in the case of a monthly or yearly tenancy, at least 3 consecutive tenancy months before the termination date. 7(1) A notice to terminate shaU (

a) to be writing; (

b) be signed by the person giving the notice or his agent; (

c) identify the premises in respect of which the notice is being served; (

d) state the date on which the tenancy is to termmate; (

e) if served by the landlord pursuant to

section 8, state the reasons and particulars for the termination.

(2) A notice need not be in any particular for, but (

a) a notice by a landlord of premises that are not residential premises to his tenant may be m Form A of the

3 Sections 4 to 8 presently read: 4(1) A weekly, monthly or yearly tenancy may be terminated by either the landlord or the tenant on notice to the other and the notice (

a) shall be served in sufficient time to give the period of notice required by

section 5, 6 or 7, as the case may be, and (

b) shall meet the requirements of

section 8.

(2) A tenancy not referred to in subsection (1) that is terminable on notice shall, unless otherwise agreed on, be terminated as provided by

section 8 and the notice shall be served on the landlord or tenant, as the case may be.

(3) If aperiodic tenancy of residential premises is for a period of more than one week but less than one year, that tenancy is for the purposes of terminating the tenancy deemed to be a monthly tenancy. 5(1) A notice to terminate a weekly tenancy must be served before the commencement of the tenancy week to be effective on the last day of that tenancy week.

(2) In this

section and

section 8(3) (a), "tenancy week" means the weekly period on which the tenancy is based whether or not it is a calendar week and, unless otherwise specificaUy agreed on by the landlord and the tenant, the week shall be deemed to begin on the day on which rent is payable. 6(1) A notice to terminate a monthly tenancy must be served (

a) by a tenant on his landlord or by a landlord of premises that are not residential premises on his tenant, prior to the commencement of a tenancy month to be effective on the last day of that tenancy month, or (

b) by a landlord of residential premises on his tenant, prior to the commencement of a notice period to be effective on the last day of the notice period.

(2) In this

section and

section 8(3) (b), (a) "notice period" means a period of 3 consecutive tenancy months; (b) "tenancy month" means the monthly period on which the tenancy is based whether or not it is a calendar month and, unless otherwise specifically agreed on by the landlord and the tenant, the month shall be deemed to begin on the day on which rent is payable. 7(1) A notice to tenuinate a yeariy tenancy must be sen>ed

Schedule, (

b) a notice by the tenant to his landlord may be in Form B of the Schedule, and (

c) a notice by a landlord of residential premises to his tenant may be in For C of the Schedule. Subject to

section 6, a tenancy may be terminated by a landlord in respect of the foUowing conditions: (

a) a landlord requires the residential premises for the purpose of occupation by himself, his spouse, or a chUd or parent of his, or of his spouse; (

b) the landlord has entered into an agreement for sale of a residential complex and is requked by the agreement for sale to deliver vacant possessio of a rental unit to the purchaser, and the unit comprises the premises; (

c) the tenant faUs to give, within 30 days from the date he enters into a tenancy agreement, a security deposit required to be made under the tenancy agreement; (

d) the unit, or tenant holding the unit, is found to be m violation of the standards of: (

i) the Uniform Building Standards Code, or (

U) municipal electrical, plumbing, heatmg, fire or sanitary by-laws applicable to the unit, or (iii) the electrical, plumbing, heating, fke, sanitary or regulations made under this Act.

(

a) by a tenant on his landlord or by a landlord of premises that are not residential premises on his tenant, on or before the 60th day before the last day of any tenancy year, or (

b) by a landlord of residential premises on his tenant, on or before the 90th day before the last day of any tenancy year, to be effective on the last day of the tenancy year.

(2) In this

section and

section 8(3) (c), "tenancy year" means the yeariy period on which the tenancy is based whether or not it is a calendar year and, unless otherwise specifically agreed on by the landlord and the tenant, the year shall be deemed to begin on the day, or the anniversary of the day, on which the tenant first became entitled to possession. 8(1) A notice to terminate a tenancy shall (

a) be in writing (

b) be signed by the person giving the notice or his agent, (

c) identify the premises in respect of which the notice is served, and (

d) state the date on which the tenancy is to terminate.

(2) A notice need not be in any particular form, but (

a) a notice by a landlord of premises that are not residential premises to his tenant may be in Form A of the Schedule, (

b) a notice by a tenant to his landlord may be in Form B of the Schedule, and (

c) a notice by a landlord of residential premises to his tenant may be in Form C of the Schedule.

(3) If a notice to terminate a weekly, monthly or yeariy tenancy is not served in sufficient time to give the period of notice required by

section 5, 6 or 7, as the case may be, the notice is still effective to terminate (

a) the weekly tenancy on the last day of the first complete tenancy week following the date on which the notice is served, (

b) the monthly tenancy (

i) if the notice is served by a tenant on his landlord or by a landlord of premises that are not residential premises on his tenant, on the last day of the first complete tenancy month following the date on which the notice is served, or (ii) if the notice is served by a landlord of residential premises on his tenant, on the last day of the first complete

Section 9 is amended: (

a) in clause (

a) by adding "plus one week" after "appUcable to the tenant's employment"; (

b) by striking out "one week's" and substituting "two weeks". 5

Section 10 is amended: (

a) in subsection (2): (

i) by striking out "or is proposed to be registered" and "or is proposed to include", and (ii) by striking out subclause (

b) and substituting: (

b) termination of that tenancy is sought for the purpose of obtaining vacant possession of the residential premised in order that the residential premises or any part of them may be sold as a condominium unit or as part of a condominium unit, or (

c) the landlord requires possession of a rental unit for the purpose of making repairs or renovations so extensive as to require vacant possession of the rental unit, for which he has

notice period following the date on which the notice is served, or (

c) the yeariy tenancy (

i) if the notice is served before the end of the tenancy year by a tenant on his landlord or by a landlord of premises that are not residential premises on his tenant, 60 days from the date on which the notice is served, or (ii) if the notice is served before the end of the tenancy year by a landlord of residential premises on his tenant, 90 days from the date on which the notice is served. 4

Section 9 presently reads: 9 If a periodic tenancy of residential premises has been entered into by reason of the tenant's employment by the landlord and that employment is terminated, either the landlord or the tenant may terminate the tenancy by serving notice on the other party in sufficient time to provide a period of notice of termination of the tenancy that is (

a) equal to the period of notice of termination of employment required under any law in force in Alberta that is applicable to the tenant's employment, (

b) equal to the period of notice of termination of employment agreed to by the landlord and the tenant, or (

c) of one week's duration, whichever period is longest. 5

Section 10(2) presently reads: 10(2) If after the commencement of aperiodic tenancy of residential premises (

a) a condominium plan is registered or is proposed to be registered in the land titles office that includes or is proposed to include those residential premises, and (

b) termination of that tenancy is sought for the purpose of obtaining vacant possession of the residential premises in order that the residential premises or any part of them may be sold as a condominium unit or as part of a condominium unit, the landlord may terminate that tenancy by serving a notice of termination on the tenant at least 180 days before the day named in the notice for the termination of the residential tenancy agreement.

acqiured the necessary municipal permks or (

d) the landlord requkes possession of the rental unit for the purpose of demoUtion; or (

e) the landlord requkes possession of the rental unit for converting it to something other than residential premises, or (

f) in the case of government-owned property, the landlord wished to seU the unit; (

b) by adding the following after subsection (3):

(4) Where a tenancy is terminated by a landlord under this

section or by a tenant foUowing receipt of notice under this section, the landlord shaU pay the tenant, upon serving the notice, $2000 as compensation for the stress and inconvenience incurred in relocation. 6

Section 13 is amended in subsections (1) and (2) by striking out "90 days" and substituting "3 consecutive tenancy months". 7

Section 14 is amended (

a) in clause (

b) by adding "enter the premises or" after "under the landlord wUl"; (

b) by adding the following after clause (c): (

d) that throughout the tenancy the landlord shall take all reasonable steps: (

i) to maintain the premises sound and fit for occupation, (

u) to maintain the common areas habkable and in good repak,

Section 13(1) and (2) presently reads: 13(1) A landlord shall not increase the rent payable under a residential tenancy agreement or recover any additional rent resulting from the increase unless he ^ves to the tenant a written notice of the increase in rent at least 90 days before the date on which the increase is to be effective.

(2) Notwithstanding subsection (1), if the residential tenancy affvement provides for a period of notice longer than 90 days, the landlord must give at least that longer period of notice before increasing the rent payable or recovering any additional rent resulting from the increase. 7

Section 14 presently reads: 14 The following covenants of the landlord form part of every residential tenancy agreement: (

a) that the premises will be available for occupation by the tenant at the beginning of the tenancy; (

b) that, subject to

section 17, neither the landlord nor a person having a claim to the premises under the landlord wiU be in any significant manner disturb the tenant's possession or peacefiil enjoyment of the premises; (

c) that the premises wiU be habitable by the tenant at the beginning of the tenancy.

(iii) to maintain aU appliances and aU electrical, plumbing, sankary, heating, and other facUities suppUed by him sound and fit for the purposes for which they are mtended. (iv) to take whatever actions may be necessary to comply with the standards enumerated m

section 8(d)(i-Ui). 8 The following is added after

section 14: 14.1

(1) Prior to a person entering into a tenancy agreement with a landlord, the landlord shaU disclose m writmg to that person aU rules concerning the tenancy that exist at the time that the tenancy agreement is entered into.

(2) Subsequent to a tenant entering into a tenancy agreement, a landlord may from time to time make, amend or replace the rules if the rules or the amendments or replacement of the rules is reasonable in the ckcumstances and intended to (

a) promote the converuence, safety or welfare of the tenants; (

b) preserve the landlord's property from abuse; (

c) make a fak distribution of services and faciUties held out for the general use of the tenants.

(3) Rules made, amended or replaced pursuant to subsection (2) are enforceable against the tenant only if: (

a) the rules apply and are appUed to all tenants in a fail

8 New sections deal with the disclosure and enforceability of rules and disclosure of additional charges.

manner, (

b) the rules are sufficiently explicit in thek prohibkion, direction or limitation of the tenant's conduct so as to fakly inform the tenant of what he must or must not do in order to comply with the rules, (

c) reasonable notice in writing of the rules are given to the tenant, and (

d) the rules do not substantially modify the tenancy agreement of the tenant.

(4) Notwithstanding subsection (3)(c), a rule pertaining to the (

a) safety of tenants, or (

b) use of common areas, may be made, amended or replaced by the landlord without prior notice, but the landlord must immediately notify in writing the tenant in each unit which may be affected by the change of rules. 14.2(1) Prior to a person entering into a tenancy agreement with a landlord, the landlord shall disclose in writing to that person all fees, charges and assessments payable by that person to the landlord in respect of the tenancy that are in addition to the rent payable.

(2) Subsequent to a tenant entering into a tenancy agreement, no fees, charges or assessments disclosed under subsection (1) may be increased or additional fees, charges or assessments may be imposed, without written notice being given to the tenant.

(3) Written notice under subsection (2) shall be given to the tenant: (

i) in the case of utilities, at least 3 consecutive tenancy months before the date the increase or addition is to be effective, and (ii) in the case of any other fee, charge or assessment, at least one tenancy month before the date the increase or addition is to be effective. 9

Section 16(

e) is amended by adding, after the words "form a part", "and he shall pay for damages, over and above reasonable wear and tear".

9 Sets tenants' liabUity for damage as being that above reasonable wear and tear.

Section 18 is amended by adding the following subsection (2):

(2.1) The landlord shall ensure that the residential premises is equipped with a security device that is capable of being put into effect only by a person inside the residential premises. 11 The following is added after

section 19: 19.1Any person who (

a) acqukes the interest of a landlord, or (

b) subject to the Land Titles Act, the Law of Property Act, or the Tax Recovery Act acquires the reversionary mterest of a landlord, (

c) Is a landlord as a result of acting in relation to a landlord as (

i) a receiver or receiver-manager, or (ii) a trustee in bankruptcy, or (iii) a mortgagee foreclosing on a landlord's residential premises has the rights and is subject to the obligations of the previous landlord with respect to a security deposit paid to the previous landlord in respect of the residential premises. 12

Section 21 is repealed and the following is substituted: 21(1) If a tenant by abandonment of the residential premises or otherwise gives the landlord reasonable grounds to believe that the tenant has repudiated the residential tenancy agreement, the landlord shall make all reasonable efforts to re- rent the premises on such terms and conditions as are reasonable in the circumstances.

(2) A landlord may recover from the tenant damages for the loss of benefit of the tenancy agreement for the period from the day the tenant abandoned the premises or otherwise gave the landlord reasonable grounds to beUeve that the tenant had repudiated the residential tenancy agreement to

10 New

section provides for security device lockable from inside only. 11 New

section provides that the successors of a landlord's interest has the landlord's responsibility regarding the security deposit. 12

Section 21 presently read 21(1) If a tenant by abandonment of the residential premises or otherwise gives the landlord reasonable grounds to believe that the tenant has repudiated the residential tenancy agreement, the landlord may either (

a) accept the repudiation as a termination of the tenancy, or (

b) refuse to accept the repudiation and continue the tenancy.

(2) In the case of a periodic residential tenancy, for the purposes of subsections (3) and (7), the tenant's acts of repudiation constitute a proper notice effective to terminate the tenancy on the earliest date that the tenant could have terminated the tenancy on the eariiest date that the tenant could have terminated the tenancy under this Act

(

a) the day the tenancy agreement would have expked had it not been repudiated by the tenant, or (

b) the day the landlord has re-rented the premises, whichever is earlier. 13

Section 23 is amended (

a) in subsection (3) by striking out "14" and substituting "7"; (

b) by adding the following after subsection (4):

(5) If a landlord commits a substantial breach under the residential tenancy agreement, the tenant may terminate the tenancy by serving the landlord with at least 7 days notice in writing stating the detaUs of the alleged 10

(3) A landlord who accepts the repudiation as a termination of the residential tenancy may recover (

a) damages resulting from a breach of the tenancy agreement prior to the repudiation, and (

b) damages for the loss of the benefit of the tenancy agreement (

i) in the case of fixed term tenancy, until it would have expired had the landlord not accepted the repudiation, or (ii) in the case of a periodic tenancy, until the termination date.

(4) Notwithstanding subsection (3)(b), a landlord shall make reasonable efforts to mitigate the damages for the loss of the benefits of the residential tenancy agreement.

(5) A landlord who refuses to accept the repudiation and elects to continue the tenancy shall make reasonable efforts to mitigate the tenant's liability for rent under the residential tenancy agreement.

(6) A landlord who rents the premises to a new tenant in order to mitigate a tenant's liability for rent under a residential tenancy agreement (

a) is deemed to have accepted the repudiation of his previous tenant as terminating that tenancy at the time the new tenancy commences, and (

b) may recover damages in the same manner as if the landlord had accepted the tenant's repudiation of the residential tenancy agreement.

(7) Subject to subsection (5), a landlord who refuses to accept the repudiation and elects to continue the residential tenancy may, so long as he has not rented the premises to a new tenant, recover rent accruing under the residential tenancy agreement (

a) in the case of a fixed tenn tenancy, until it expires, or (

b) in the case of a periodic tenancy, until the termination date. 13 New subsections deal with breach by landlord and notice to terminate.

Section 23(3) presently reads:

(3) A notice served under subsection (2) is ineffective if, before the termination date given in the notice, the tenant either (

a) serves the landlord with a notice in writing objecting to the termination and stating his reasons for objecting, or (

b) if the alleged breach is a failure to pay rent, pays all arrears 10

substantial breach and the effective termination date.

(6) A notice served under subsection (5) is ineffective k, before the termination date given in the notice, the landlord serves the tenant with a notice in writing objecting to the termination and stating his reasons for objecting.

(7) If the landlord serves the tenant with a notice under subsection (6) objecting to the termination, the tenant may apply to a court for termination of the tenancy.

(8) The notice period in subsections (2) and (5) shaU not included the date of service of the notice or the date of termination. 14

Section 24 is amended (

a) by repealing clause (9)(

b) and substituting the following: (

b) to any debt owed to him by the tenant in respect of the tenancy, (

c) by adding the following after subsection (9):

(9.1) The landlord shall submit to the Provincial Court a statement setting forth the amount owed to the landlord by the tenant and the amount the landlord received from the sale of the abandoned goods. 75 Tfie following is added after 37: 37.1 A landlord shall not require a tenant to provide him with a security deposit prior to providing the tenant with a written report, to which the tenant has signified his agreement by signing, on the physical state of the premises and the faciUties and appliances the landlord has furnished therein. 16

Section 40 is repealed. 17

Section 41(2) is repealed and the following is substituted:

(2) The Provincial Court shall not give an order for possession ot the premises under this Act. 11

of rent. 14 New subsection deals with amounts owned by tenants to be offset against sale of abandoned goods.

Section 24(9)(

b) presently reads:

(9) A landlord may apply the proceeds of any sale of abandoned goods (

b) to any judgment obtained by him against the tenant in respect of the tenancy, 15 Security deposit payable only after inspection and disclosure of facilities and appliances provides. 16

Section 40 presently reads: 40 A person who acquires the irtterest of a landlord in residential premises has the rights cmd is subject to the obligations of the previous landlord with respect to a security deposit paid to the previous landlord in respect of the residential premises. 17

Section 41(2) presently reads:

(2) The Provincial Court may only give an order for possession of premises under this Act if 11

Section 49 is amended by adding the following after clause 49(1): 49(1.1) The Crown shaU ensure that every Alberta residential tenant has access to the services of a Landlord and Tenant Advisory Board by estabUshing regional Landlord and Tenant Boards under the authority of

section 6 of the Department of Consumer and Corporate Affairs Act. 19

Section 51 is amended by adding the following at the end of it: (

c) describing the forms to be used by a landlord pursuant to

section 24(9.1). (

d) setting out provincial minimum standards for electrical, plumbing, heating, fire, sanitary, and maintenance requirements, in residential premises 20(1) The Alberta Individual's Rights Protection Act, is amended by this section.

(2) Section 4 is amended by striking out "self-contained" wherever that word appears before the word "dwelling". 12

(

a) the premises are residential premises, (

b) the rent is not more than $500 per month, and (

c) the term under the tenancy is for not more than 3 years. 18 Provides for Landlord and Tenant Advisory Boards. 19 Adds regulation powers. 20 Widens application of Individual's Rights Protection Act to cover dwellings that are not self-contained. 12 Title: 1990 (22nd 2nd) Bill 220,

An Act to Amend the Landlord and Tenant Act

Document details

Collection	Alberta — Bills
Citation	L22 S2 2752
Type	bill
Volume / chapter	L22 S2 2752
Language	en
Format	json
Source	PROVINCIAL
Identifier	f9f73f1c82fe0e78015401abb34b4882d520f38b

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