Remedies for Landlord During Tenancy
The law requires tenants to carry out some basic obligations after making a tenancy agreement. In addition, a tenant might have agreed to carry out further obligations in the tenancy agreement.
If a tenant breaches the tenancy agreement, which includes the obligations required by law, you can take action. The action can include giving notice to end the tenancy and legal action for compensation and possession of the property.
The obligations that the law requires tenants to carry out are:
- To pay rent when it is due;
- Not to interfere significantly with the rights of the landlord or other tenants;
- Not to carry on an illegal business or do anything illegal at the rented property;
- Not to do anything at the rented property that would put anyone in danger;
- Not to do significant damage to the property or allow anyone else to;
- To keep the property in a reasonable, clean condition;
- To leave the property when the rental period is over or when the tenancy is ended; and
- To give the required notice period to end a periodic tenancy.
In addition, a tenant might have agreed to other obligations in the tenancy agreement, for example, to be responsible for repairs to appliances.
If a tenant breaks an obligation under the agreement, you have several remedies that can be pursued.
- In the right circumstances the breach of the agreement can be treated as a substantial breach and the tenancy ended.
- In other cases you can apply to court for compensation or arrears of rent, or take steps to enforce distress for non-payment of rent.
If an offence under the Residential Tenancies Act is committed, you can also file a complaint against the tenant with Alberta Government Services.
Tenants can object to your action.
These remedies can be grouped into four general categories as they involve different processes (see sidebar links):
- Substantial breach
- Distress for non-payment of rent
- Application to court for possession of property
- Application to court for damages
February 2006