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The Alberta Government recently announced changes to the Residential Tenancies Act, (Ch.R-17.1) by introducing Bill 10 as Residential Tenancies Amendment Act, 2005. According to the June 3rd news release issued by the government, it states "landlords and tenants in Alberta will benefit from clearer, more flexible rules for rental housing, effective June 2, 2005".
The changes passed this spring clarifies a process for tenants to move out of unhealthy or unsafe housing, and also prohibits tenants from objecting if they are being evicted for not paying rent and allows landlords to return security deposits by regular mail.
The government's objective in introducing these changes was to ensure that residential housing meets public health standards throughout the tenancy and extends record keeping requirements for landlords. It also establishes a Voluntary Code of Practice, which is developed to help landlords and tenants interpret the Residential Tenancies Act and reduce disputes.
The changes to the Residential Tenancies Act were the result of a comprehensive 4-year consultation process involving numerous tenants, landlords, advocacy groups as well as legal experts.
Ivan Strang, the MLA for West Yellowhead and sponsor of the new amendments, expressed the hope "that this improved framework will help sort out matters that commonly arise between landlords and tenants,”
It is important to understand how these changes will benefit landlords as well as tenants.
The tenant's right for remedies comes from Subsection 37(1) where it states that if a landlord commits a breach of a residential tenancy agreement or contravenes this Act, the tenant may apply to a court for one or more of the following remedies. It then goes on from (a) to (d) setting out four reasons when tenants can seek such remedies.
The first of which is recovery of damages resulting from the breach or contravention and secondly, seeking abatement of rent to the extent that the breach or the contravention deprives the tenant of the benefit of the residential tenancy agreement and furthermore, seek compensation for the cost of performing the landlord’s obligations. The application would succeed if in the opinion of the court, the breach or contravention is of such significance that the tenancy should be terminated. There is no change to this provision.
Section 28 has been amended. Before the change it read, "a tenant may apply to a court to terminate the tenancy or may terminate the tenancy by serving the landlord with a notice at least 14 days before the date of the tenancy is to terminate where the landlord commits a substantial breach of the residential tenancy agreement and an executive officer has issued an order under Section 62 of the Public Health Act in respect of the circumstances that constitute a substantial breach and the landlord has failed to comply with the order."
Furthermore, the provision as it stands now states that a notice to terminate under this section is ineffective if, before the termination date set out in the release, the landlord complies with the order under the Public Health Act and serves the tenant with a notice in writing objecting to the termination that sets out the landlord's reasons for objecting.
It has now been amended to read "a notice to terminate is ineffective if, within 7 days from the date the landlord receives the notice, the landlord serves the tenant with a notice in writing objecting to the termination on the grounds that the landlord has complied with the order under the Public Health Act or has been granted a stay of the order and further stating that, at the time of serving the notice of objection, the landlord has complied with the order."
The changes passed this spring clarifies a process for tenants to move out of unhealthy or unsafe housing, and also prohibits tenants from objecting if they are being evicted for not paying rent and allows landlords to return security deposits by regular mail.
The government's objective in introducing these changes was to ensure that residential housing meets public health standards throughout the tenancy and extends record keeping requirements for landlords. It also establishes a Voluntary Code of Practice, which is developed to help landlords and tenants interpret the Residential Tenancies Act and reduce disputes.
The changes to the Residential Tenancies Act were the result of a comprehensive 4-year consultation process involving numerous tenants, landlords, advocacy groups as well as legal experts.
Ivan Strang, the MLA for West Yellowhead and sponsor of the new amendments, expressed the hope "that this improved framework will help sort out matters that commonly arise between landlords and tenants,”
It is important to understand how these changes will benefit landlords as well as tenants.
The tenant's right for remedies comes from Subsection 37(1) where it states that if a landlord commits a breach of a residential tenancy agreement or contravenes this Act, the tenant may apply to a court for one or more of the following remedies. It then goes on from (a) to (d) setting out four reasons when tenants can seek such remedies.
The first of which is recovery of damages resulting from the breach or contravention and secondly, seeking abatement of rent to the extent that the breach or the contravention deprives the tenant of the benefit of the residential tenancy agreement and furthermore, seek compensation for the cost of performing the landlord’s obligations. The application would succeed if in the opinion of the court, the breach or contravention is of such significance that the tenancy should be terminated. There is no change to this provision.
Section 28 has been amended. Before the change it read, "a tenant may apply to a court to terminate the tenancy or may terminate the tenancy by serving the landlord with a notice at least 14 days before the date of the tenancy is to terminate where the landlord commits a substantial breach of the residential tenancy agreement and an executive officer has issued an order under Section 62 of the Public Health Act in respect of the circumstances that constitute a substantial breach and the landlord has failed to comply with the order."
Furthermore, the provision as it stands now states that a notice to terminate under this section is ineffective if, before the termination date set out in the release, the landlord complies with the order under the Public Health Act and serves the tenant with a notice in writing objecting to the termination that sets out the landlord's reasons for objecting.
It has now been amended to read "a notice to terminate is ineffective if, within 7 days from the date the landlord receives the notice, the landlord serves the tenant with a notice in writing objecting to the termination on the grounds that the landlord has complied with the order under the Public Health Act or has been granted a stay of the order and further stating that, at the time of serving the notice of objection, the landlord has complied with the order."
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