Changes to Tenancy Laws 2007

Service Alberta oversees and enforces the laws that set out the rights and responsibilities of landlords and tenants in Alberta. Changes to the Residential Tenancies Act and Mobile Home Sites Tenancies Act affect rent increases and the amount of notice landlords must provide. The changes are retroactive to April 24, 2007. For details on how the changes work, please see Information for Landlords and Tenants (pdf) or refer to the Questions and Answers below.

To contact us with your questions please call: 1-877-427-4088.

News release, May 2, 2007


Click on a below question to see its answer.


Other Online Resources

Laws for Landlords and Tenants in Alberta (external site)

A Guide to the Law in Alberta Regarding Landlord and Tenant (pdf)

Also see External Links

How often can a landlord raise my rent now that the law has changed?

Rent increases are limited to once per year.

Are landlords limited in how much they can raise the rent now that the law has changed?

No. The legislation does not include any rental caps.

When do the new rules for increasing rent take effect?

As of April 24, 2007, landlords can only raise rent once a year.

If a landlord gave a rent increase notice to take effect after April 24, 2007, is the notice valid?

The rent will increase as per the notice if the tenant continues to rent the premises and as long as there has not been an increase within the previous 365 days or the start of the tenancy, whichever is later. If the rent was increased within the past year, rent cannot be increased again until a year after that increase became effective. At least three months’ written notice must be given to a tenant to increase the rent for a periodic tenancy.

What happens if a landlord tries to raise the rent before a year has passed since the last increase?

Effective April 24, 2007, rents cannot be increased unless 365 days pass since the last rent increase or the start of the tenancy, whichever is later. The Residential Tenancies Act allows tenants to apply to court for remedies for damages, rent abatement, compensation or termination of the tenancy.

The landlord could face fines of up to $10,000 per tenant. Call Service Alberta's Contact Centre toll free at 1-877-427-4088 or a local Landlord and Tenant Advisory Board if you are unsure whether or not a rent increase is allowed.

How much notice must my landlord provide before rent is increased for my apartment?

At least three months’ written notice for periodic (month-to-month) tenancies.

How much notice must my landlord provide before they increase the rent on my mobile home site?

At least 180 days written notice for periodic (month-to-month) tenancies.

When can rent be increased for fixed term tenants (such as those with a lease agreement for a specific number of months or years)?

The landlord and tenant agree to the amount of rent when they negotiate the terms of the fixed term tenancy agreement. Rent cannot be increased unless 365 days pass since a tenant moved in or since the last rent increase, whichever is later. If the 365th day is during the current fixed term tenancy agreement, rent cannot be increased until that tenancy agreement ends.

How much notice is required before landlords convert a rental unit to a condominium?

Periodic tenants have to be given a full year’s notice to end the tenancy and rent cannot be increased during the year.

How much notice is required before landlords can end a periodic tenancy to undertake major renovations (that require the premises to be vacant)?

Periodic tenants have to be given a full year’s notice to end the tenancy and rent cannot be increased during the year.

Who is responsible for giving a tenant notice to move out if the potential buyer of a condominium unit wants to move in or wants it empty as a condition of the sale?

If someone wants to live in a condominium unit they are buying or does not want a tenant still living there, they must request in writing that the seller issue the three month termination notice to the tenant, as a condition of the sale.

What if the buyer of a condominium unit does not give the seller a request to terminate the tenancy?

If the buyer doesn't provide a written request to the seller for "vacant possession", then the buyer inherits the tenant when they take ownership of the unit. The buyer then becomes the landlord and is subject to the responsibilities in the tenancies legislation.

How can I learn more about landlord and tenant rights and responsibilities?

Service Alberta has tipsheets for landlords and tenants and mobile home sites in Alberta. Another popular resource is the Voluntary Code of Practice.