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Home / Archives for Rochelle (Staff Lawyer)

Who pays for heat when utilities are included in the rent?

January 31, 2013 By Rochelle (Staff Lawyer)

Utilities, including heat, are included in my rent. Yesterday, my landlord gave me a copy of the heating bill and said that I had to pay for the heat from now on, because the bill was too expensive. Do I have to pay?
No, you don’t have to pay the bill. The lease agreement that you have with your landlord is a contract, and both of you are bound by the terms of the contract. Just like you could not decide to pay your landlord $50 less a month in rent just because you felt like paying less, your landlord can’t tell you to pay more a month. When your landlord agreed to pay the utilities, he accepted the risk that utility costs might increase. The landlord, in order to get more money, could increase the rent. As noted in Service Alberta’s RTA Handbook:

Landlords cannot require tenants to pay utilities after a tenancy has started if the residential tenancy agreement:
• Contains express wording that the utilities are included in the rent,
• Is silent on who is responsible for utilities, but the landlord has always taken a portion of the rent to pay the utilities.
Landlords and tenants can mutually agree that utilities will no longer be included in the rent.
To recover higher utility costs, landlords must give a legal written notice of a rent increase.

But what if your landlord sends you a bill for the heat anyway? You may want to consider writing your landlord a letter, setting out the reasons why you are not going to pay the utility bill. It is a good idea to have things in writing, just in case you end up in a dispute with your landlord. If you are refusing to pay because a term of the lease states that the utilities are included, then attach a copy of the lease with that term highlighted. You could even attach the RTA Handbook section that we already talked about  to the letter, so that the landlord can then contact Service Alberta for more information.
If the landlord decides to increase the rent to cover the higher than expected utility costs, then the landlord must follow the rules regarding rent increases. You can read our Rent Increases Tipsheet to find out more information.

Filed Under: Blogosaurus Lex

Do you have to tell your landlord if you're going on vacation?

December 19, 2012 By Rochelle (Staff Lawyer)

You’ve been dreaming of that perfect vacation for months and it’s finally here: you can practically hear the surf hitting the shore and feel the sun warming your skin while the warm breeze lightly sifts through your hair. Then there’s a knock on your door, interrupting your holiday daydreams and bringing you back to the winter wonderland that is Alberta. Your landlord is at the door, wanting to know if the rumours she’s heard about you leaving tomorrow on a three week vacation are true. If you are leaving for that long, she tells you, then you were supposed to let her know in advance and the rent has to be paid now, instead of on the first of the month, because she wants to make sure that she has the money before you go out of town.

Does the landlord have the right to know when a tenant is going on vacation?

Can the landlord demand that rent be paid in advance of a tenant going on vacation?

Your landlord may have the right to ask for details regarding your vacation plans. The landlord would have this right if there is a term in the lease that provides that the tenant must inform the landlord of absences from the property. The reason that some landlords include this provision within the lease is usually for insurance purposes. Sometimes a landlord’s insurance policy will state that if the rental property is vacant or uninhabited for a period of time, then the insurance will lapse and the landlord would no longer have valid insurance on the property.

You may benefit from letting your landlord know of your absence too. If your landlord knows that you will be away, then the landlord may be willing to drive by the property to check on it, or may be willing to help you with sidewalk cleaning in the winter. Also, it’s a good idea to provide the landlord will the contact information for the person you have checking on the place or house-sitting for you, if you have made those arrangements with someone else. If there is an emergency, the landlord may need to get in touch with you or with the person you designate. If you do not have anyone else checking on the place for you, then you should make sure that the landlord has a reliable way to get in touch with you (and remember, you probably did not provide your landlord with your cell phone number when you moved in).

The landlord cannot demand that rent be paid in advance of the date that the rent is due. The rent is due on a specific day and at a specific time, and the landlord cannot unilaterally change that term without the tenant’s consent. Make sure, though, that you have a reliable way to pay your rent while you are gone. If you pay by cheque, how are you going to get the cheque to the landlord if you’re out of town? Do you have a reliable friend that could deliver the cheque for you? If you pay by email money transfer, do you know that you have a reliable and secure internet connection in the place you are visiting?

You’re probably going to have to clean a foot of snow off your car in the airport parking lot when you get back; you don’t need to be greeted with an eviction notice on your door too.

Filed Under: Blogosaurus Lex

Can a landlord charge a tenant for renovations?

September 26, 2012 By Rochelle (Staff Lawyer)

I just got a question from a tenant. The landlord replaced all the windows in the rental property, and then gave the tenant a bill for half the cost of the renovations. Seriously.
The tenant doesn’t have to pay the landlord the money. There are some costs that are simply the costs of doing business, and maintaining the property by replacing windows is just one of many costs this landlord is going to run into.\

Landlord and Tenant Responsibilities

If the tenant had broken a window because, I don’t know, there was an intense game of indoor baseball going on, then yes, for sure, the landlord could charge the tenant for the repair and replacement of the window. Or the landlord could charge the tenant when the tenant moved, and keep some of the security deposit to cover the cost.
The Residential Tenancies Act doesn’t actually set out who is responsible for repairs and that’s why sometimes, there is confusion about what repairs the landlord can charge the tenant for, and what repairs the landlord can’t charge for. The common sense approach is that any “big” repairs are the landlord’s responsibility and “teeny tiny” repairs are the tenant’s responsibility. So, while the tenant can change the lightbulb, it’s the landlord that installs the new light fixtures when the old ones break.
There is also the Minimum Housing and Health Standards that can help us to decide who should pay for repairs. One of the landlord’s responsibilities is to make sure that the rental property meets these standards. The standards set out that the windows must be in good repair, free of cracks and weatherproof. So, if the windows in the property do not meet this standard, then it’s the landlord’s job to make sure that the windows get repaired or replaced. If the property is not being maintained, then the tenant can call Environmental Public Health and talk to an inspector about the problem that they’re having with the rental.
What should the tenant do? The tenant should tell the landlord, in writing, that they are not going to pay for the windows. The tenant could put in reasons why they aren’t paying (and while it might be tempting to write that you aren’t paying because the charge is ridiculous, it’s probably better to refrain). Hopefully the landlord will just go away at this point. If the landlord still insists on being paid, then there are three ways the landlord may react.

  • The landlord could sue the tenant for half of the cost of the renovation. The landlord is going to have to convince a judge that the tenant should have to pay for the windows, which seems unlikely.
  • The landlord could keep the security deposit when the tenant moves out. If the tenant doesn’t agree with a charge made against the security deposit, then the tenant can bring an application in Provincial Court or through the Residential Tenancy Dispute Resolution Service for return of the security deposit.
  • The landlord could pass the bill to a collection agency. If the tenant is contacted by a collection agency, then the tenant can inform the agency in writing that the tenant is disputing the debt, and ask that the landlord prove the debt in court. If the tenant does that, then the collection agency cannot contact the tenant any longer. Service Alberta has a tipsheet about dealing with collection agencies.

In the meantime, the tenant might want to think about moving. If the landlord thinks that the tenant should pay for the windows, what else does he think the tenant should pay for?

Filed Under: Blogosaurus Lex Tagged With: Landlord and Tenant Law, Online legal info, Public Legal Education, Questions

Illegal Activities in a Rental Property

March 6, 2012 By Rochelle (Staff Lawyer)

Marijuana jointI went out of town and a friend was staying at my place to look after my dog. My landlord caught him smoking pot on the balcony, and now the landlord is trying to evict me. Can my landlord do that?
Probably not. Under the Residential Tenancies Act (RTA), if the tenant commits any illegal acts or carries on an illegal trade in the property, then the tenant has committed a substantial breach of the tenancy agreement, and can be evicted by the landlord. But, the issue in your case is that you were not the one who was committing an illegal act; your friend was.
Generally speaking, if you did not have knowledge of or control over the illegal acts, then your landlord cannot evict you for them. In the 2007 case Fairmont Hotels Inc. v. Zwir, from the Provincial Court of Alberta, the landlord tried to evict the tenant for a similar reason. The tenant’s cousin had come to stay with her, and while she was in another apartment, the cousin smoked a joint in her place and got caught by a security guard. The landlord tried to evict her for committing an illegal act, and the Judge wrote at paragraphs 16 and 17 that:

The illegal act here is a criminal act and under criminal law, in these circumstances where the tenant neither knew nor authorized the illegal activity, it is not likely the tenant did anything illegal.

Accordingly, I am not convinced that the tenant, Ms. Zwir, has breached Section 21 of the Act and accordingly I am not convinced that the illegal act here puts Ms. Zwir in substantial breach so as to justify summarily terminating her tenancy.

In your case, ignorance is bliss!
So what to do if your landlord serves you with a 14 day notice terminating your tenancy?
If you don’t want to leave, then you can serve your landlord with a notice of objection. The notice of objection should state the reasons why you do not agree with the termination notice. You must serve this notice on the landlord personally, or by registered or certified mail, before the termination day in the landlord’s notice. If you meet these requirements, then the landlord’s notice terminating your tenancy is ineffective and your tenancy stays in place. If your landlord still wants to evict you, then he has to make an application to terminate your tenancy.
Remember that if you are going to object to the notice, you need to follow the rules and serve the landlord properly and on time.
If your landlord does make an application to terminate your tenancy, then your landlord will serve you with more papers, and you will have a chance to respond to the application and tell your version of events.
And next time you’re out of town, you might want to give your dog a vacation at one of those fancy pet hotels instead.
Frequently Asked Questions:

  • What if the landlord does not give the proper amount of notice?
  • Can the tenant move before the notice takes effect?
  • What if the landlord does not use the property for the reason stated in the notice?
  • What happens if the tenant does not give the proper amount of notice?
  • If the landlord has done something wrong, but it’s not a substantial breach, what can the tenant do?

Filed Under: Blogosaurus Lex Tagged With: Can My Landlord..., Landlord and Tenant Law, Public Legal Education

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