Limits - Lease - Before - Laws for Landlords in Alberta

Terms/Limits on What May be Included in a Lease

Every written tenancy agreement has to include the following statement in larger print than the rest of the agreement:

The tenancy created by this agreement is governed by the Residential Tenancies Act and if there is a conflict between the agreement and the Act, the Act prevails.

If your tenancy agreement is covered by the Residential Tenancies Act, there are some limitations on what you can agree to. If your agreement is not covered by the Act, you can agree to anything provided it is not illegal.

If the Residential Tenancies Act (RTA) applies to the lease, there are items that are automatically implied whether or not they are included.

For example, the Act sets out minimum periods of notice that must be given to end a tenancy. Even if you do not mention notice periods in your lease agreement, the periods of notice required by the Act will still apply.

There are other important aspects of renting property that are not covered by the RTA.

It is possible for you and the tenant to agree to more than the minimum requirements of the Act and to state that in your agreement. Have a look at the suggested checklist of minimum terms.

For example, under normal circumstances, the Act requires that in a monthly periodic tenancy you must give three months notice to the tenant to vacate. If you and the tenant agree, the lease might say that four months notice is required. However, if the agreement allowed for a shorter notice period than required by the Act—for example, two months notice—the time set out in the Act (three months) would still apply.

When you and the tenant are making your agreement, it is a good idea to deal with matters that are not covered by the Act, for example, who is responsible for repairs.

January 2006