Renters in Canada have been feeling the pressure of rising rents for several months now.
According to a November report from Rentals.ca, average rents in Canada increased 10.5 per cent in 2022, rising to an average of $1,976 across all property types.
In Calgary, rents have positively skyrocketed beyond those data points. One month ago, it was reported that renters in the city were facing a 25% hike in rental costs for an average of $1,890 for purpose-built and condominium apartments. Landlords are easily taking advantage of a lack of rental availability, with rental vacancy rates dropping from 3.03% at the end of 2021 to below 1% in the first quarter of 2023, placing them in a strong position to charge whatever they want.
While many other provinces have rent caps in place, such as Ontario, which limits rent increases to 2.5% per year, in Alberta no such caps currently exist. However, in this province landlords can only raise rent once per year and must give three months’ notice.
For those who have found a good place to rent, keeping an affordable place to stay is paramount. Some less ethical landlords may try to remove renters in lieu of others they feel can pay more, but renters do have rights. Knowing what your options are can help keep you housed during this tight market.
Reasons a landlord may evict
There are two different types of rental agreements in Alberta: periodic and fixed terms. A periodic tenancy has a start date, but no end date. Most are month-to-month, but they can also be weekly or yearly.
A fixed tenancy begins and ends on specific dates. After a fixed tenancy is complete, a landlord may choose to extend the term if both parties agree, otherwise the tenancy will end on the date specified. A fixed-term tenancy can be terminated early provided both parties agree.
Landlords may end a periodic tenancy if:
- The landlord or a relative wants to move in.
- The landlord wants to sell the property and the buyer will be moving in.
- The landlord wants to knock down the premises.
- The landlord wishes to use the property as a rental for non-residential purposes.
Regardless of the type of term you have, landlords may evict under certain circumstance laid out by the Government of Alberta. The most common reason for eviction is a tenant’s failure to pay rent. Landlords are legally entitled to receive their rent when it is due, and if those terms are broken they may evict at any time.
Other reasons a landlord may evict include:
- Breaking rental agreement terms, such as failure to pay rent on time or bringing in an unauthorized tenant.
- Damaging the rental premises.
- Disturbing or endangering others in the rental premises. Landlords need only to provide 24 hours’ notice of eviction in these circumstances.
For other substantial breaches of a residency contract, 14 days of notice is required.
How much notice should a landlord give to end a tenancy?
A fixed term tenancy agreement ends automatically on the date stipulated in the rental agreement, without notice, unless the landlord and tenant have decided to extend the term.
Both landlords and tenants must give written notice to the other party to end a periodic tenancy. For weekly terms, the notice must be at least one week. Monthly tenants must be provided three full months’ of notice by their landlords, and tenants must provide one full month of notice. Yearly tenancies require 60 days of notice by the tenant and the landlord must provide 90 days of notice.
What should be included in an eviction notice?
All eviction notice should be presented as follows:
- In writing with the address of the residential premises.
- Be signed by the landlord.
- Detail the reasons for the eviction and the date the tenancy ends.
- For unpaid rent, the amount of rent that is due plus any additional rent that may become due during the notice period must be detailed.
How to fight back against an unfair eviction
Tenants who feel they have been evicted unfairly can access resources provided through Alberta’s Residential Tenancies Act. Both parties should try to resolve a dispute before filing an official complaint.
Try to discuss the issue in person, or send a letter or an email. Remain calm and try to see all sides of the argument. Document all discussions, including details such as the time and place, who you spoke with, and a summary of what was said. Only state the facts, and use the Residential Tenancies Act to clearly show where tenancy rights have been violated.
Once all avenues for resolution have been exhausted, tenants can file a consumer complaint by calling 1-877-427-4088 or by applying to the Residential Tenancies Dispute Resolution Service (RTDRS) or court for a remedy.
Tenant insurance can help
Although tenant insurance is not required by law, landlords have the ability to require their renters obtain coverage. If you do not obtain tenant insurance as directed by a landlord, they have grounds to evict.
In reality, all renters should have tenant insurance in order to help protect against unforeseen circumstances. Tenant insurance protections for people who do not own the homes they live in include coverage for:
- Items of value you keep in your home.
- Accidental damage to the property caused by the negligent actions of tenants.
- Supplemental living expenses if the need for emergency repairs to the property force your temporary relocation.
- Liability for accidents and injuries suffered by visitors to the property.
- Optional personal property protection when you travel.
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Lane’s Insurance offers all the essential coverage you need for your tenant insurance at the industry’s most competitive rates, all with value-added service, extensive customer resources and fantastic claims support. Contact us at our Calgary, Banff, Edmonton and greater Alberta offices to get a fast, free quote for all your insurance needs.
