Remedies for Tenant when Landlord Not Fulfilling Obligations

Premises not ready

If rented premises are not ready for the tenant to move into for any reason, or the premises do not meet the requirements of the Public Health Act, he can:

• tell you that he no longer wants to rent the premises;

   

• apply to court for an order forcing you to make the premises available and in a condition required by law (the court order is called an Order for Specific Performance);

   

• sue you for general losses suffered as a result, for example, anxiety;

   

• sue you for specific losses suffered, for example, storage and moving expenses.

When living in premises

When a tenant is living in the rented premises, and you do not fulfill your obligations under the Residential Tenancies Ac, or the tenancy agreement, including those relating to repairs, a tenant can apply to court for the following remedies:

• recovery of damages;

   

• a reduction in rent to make up for any benefits lost, for example, the loss of use of an appliance for some time;

   

• compensation for the cost of carrying out obligations that you agreed to be responsible for, for example, the cost of doing the repairs;

   

• an order terminating the tenancy (the court would have to find that the fact you did not live up to your obligations under the tenancy agreement was significant enough that the tenancy should be terminated);

   

• make a complaint to a regional health authority if you are in breach of your obligation to make the premises habitable. A complaint to Service Alberta can be made if you have committed an offence under the Residential Tenancies Act;

   

• in certain circumstances a tenant can serve a 14-day notice to end the tenancy.  

You may not evict a tenant because the tenant takes action under the terms of the Residential Tenancies Act or the Public Health Act.

Even though there are ways to use the law to enforce conditions about repairing the property, it is always worthwhile to talk to the other person first to see if the matter can be dealt with. Copies of all correspondence should be kept in case it does become necessary to take the matter further.

Tenants must not use rent money to do repairs!

Tenants must not use rent money to carry out repairs even if the repair is something you have promised to fix. If a tenant does not pay the rent, you can terminate the tenancy. He must pay the rent and apply to court with respect to the repairs. Alternatively, a tenant could obtain your permission to use rent money for repairs, but this agreement should be in writing and signed by both you and the tenant. Many leases state that an agreement that amends or varies the lease is not valid unless it is in writing and signed by the landlord.

January 2006