Legal Requirements for Keeping the Property in Good Condition

The Residential Tenancies Act imposes some responsibility on both landlords and tenants to maintain the property to a certain standard. The Act does not deal with the responsibility of repairing and maintaining particular items (for example, appliances, wall surfaces, yards, exterior walls). Over the years cases have come before the courts where a landlord or tenant has claimed compensation for damage caused by lack of maintenance and repairs. In assigning responsibility the courts have to consider what the general responsibilities of a landlord and tenant are, what their responsibilities are under any legislation, and what agreements they might have come to as part of the lease.

The courts have said that generally a landlord does not have any responsibility for maintaining the leased premises, although there might be exceptions in the case of common areas, a common roof and access areas to the premises. The courts have also said that generally a tenant owes no duty to a landlord to keep premises repaired, but there is a responsibility to do what is necessary to keep a property running (for example, by unblocking a sink, repairing damage caused by family and guests, or cleaning windows). A tenant has a responsibility to tell you about items that need to be repaired or replaced. The notice should be written so that tenants can keep a copy as a record. You should answer the request within a reasonable amount of time.

General responsibilities such as those noted by the courts can be modified by statutes or by agreement between you and the tenant. The next two sections will discuss what the Residential Tenancies Act and other laws in Alberta say about responsibilities for maintaining and repairing a property. The third section looks at how the agreement between the parties can also affect their responsibilities.

The Landlord:

The Residential Tenancies Act says that you must make sure premises meet the minimum standards for housing that are required by the Public Health Act at all times and that you must not significantly disturb a tenant’s possession or peaceful enjoyment of the property. These obligations apply to the tenancy no matter what the contract says. In some situations the courts have found that a landlord did not have a duty to maintain or repair a particular item, but that there was nevertheless a breach of the tenant’s right to peaceful enjoyment of the property.

Public health laws and some municipal bylaws also require any building owner to keep property up to certain standards at all times. Public health laws and municipal bylaws carry their own penalties that are enforced by government officials when items are reported and investigated.

The Tenant:

The Residential Tenancies Act requires tenants to maintain the rented premises in a reasonably clean condition and not to damage the property. These obligations apply to the tenancy no matter what the contract says. A common situation for difficulties to arise is with regard to the return of a security deposit at the end of a tenancy.

The Contract:

You and the tenant can include extra terms in the tenancy agreement that deal with keeping the property in good condition and responsibility for repairs. Once these items are part of the contract or agreement between a landlord and tenant, either can use the law to enforce the terms or to recover compensation.

If a breach of the agreement is significant enough, a court can even order that a tenancy be ended. It is really important to understand the wording of the contract with regard to responsibility for repairs and maintenance at the time you make the agreement.

January 2006