Rent increases are a common part of renting, especially as market conditions and property expenses change over time. However, landlords in Alberta must follow specific rules when increasing rent, and tenants have legal rights that must be respected.
Understanding these regulations helps landlords avoid legal trouble and gives tenants the knowledge they need to respond appropriately.
Whether you’re a landlord planning to raise rent or a tenant who has received a rent increase notice, it’s important to know what Alberta’s laws say. This article breaks down the rules, required notice periods, and tenant protections under Alberta’s Residential Tenancies Act (RTA). If you’re unsure how the laws apply to your situation, Nimmons Law Office Calgary can provide legal guidance tailored to your circumstances.
When Can a Landlord Increase Rent?
In Alberta, landlords can raise the rent, but only under certain conditions. The rules depend on the type of lease the tenant has—either a periodic tenancy (month-to-month) or a fixed-term lease (with an end date, like one year).
Rent Increases in Fixed-Term Leases
A landlord cannot increase rent during the term of a fixed-term lease unless it’s specifically stated in the lease agreement. For example, if you sign a one-year lease at a set rent amount, the landlord must wait until the lease expires before raising the rent.
Once the lease ends, and if the landlord wants to offer a renewal at a higher rent, they can do so—but only after providing the proper amount of notice. The tenant then has the choice to accept the new terms or move out.
Rent Increases in Periodic Tenancies
For periodic leases (usually month-to-month), rent increases are allowed, but landlords must follow these rules:
The tenancy must be at least 12 months old before the first rent increase.
Subsequent increases can only happen once every 12 months.
Proper written notice must be given in advance.
Required Notice Periods for Rent Increases
One of the most important legal requirements is that landlords must give tenants written notice before increasing the rent. The amount of notice depends on the type of periodic tenancy:
Monthly Tenancy: At least three full months’ notice.
Weekly Tenancy: At least 12 full weeks’ notice.
Yearly Tenancy: At least 90 days’ notice.
The notice must be in writing and include:
The date the notice is given.
The amount of the new rent.
The effective date when the new rent will begin.
The notice must be delivered properly—either in person, by mail, or by posting it in a visible location (if the tenant is unreachable). Email or text message is not considered valid unless both parties have agreed to it in writing.
If proper notice is not given, the rent increase may not be enforceable, and tenants have the right to continue paying the original rent amount until the correct procedure is followed.
What Happens If a Tenant Disagrees?
If a tenant receives a rent increase and disagrees with it—perhaps because they believe it’s unreasonable or improperly handled—they have a few options.
Communicate with the Landlord
Sometimes rent increases are the result of increased operating costs like utilities, taxes, or maintenance. Tenants can reach out to their landlord to discuss the reasoning behind the increase. In some cases, a compromise may be reached, such as a smaller increase or improved services.
Review the Lease and RTA
Tenants should check their lease agreement to ensure that the landlord is following the rules laid out in the contract and the RTA. If there are discrepancies, tenants may be able to challenge the increase.
File a Complaint with the RTDRS
If a tenant believes the rent increase violates Alberta’s rules, they can file a dispute through the Residential Tenancy Dispute Resolution Service (RTDRS). This is a less formal and more accessible alternative to going to court. The RTDRS can review the matter and make a legally binding decision.
For complex or high-stakes disputes, legal advice may be helpful. Nimmons Law Office Calgary offers support for both landlords and tenants in navigating rental disagreements, including those related to rent increases.
Can a Tenant Be Evicted for Refusing to Pay the Increased Rent?
If a landlord has properly followed all rules and given valid notice, the tenant must start paying the new rent amount on the effective date. If the tenant refuses to pay the increased rent after the notice period ends, the landlord may treat this as non-payment and begin the eviction process.
However, if the landlord did not provide proper notice or increased the rent before 12 months have passed since the last increase, the tenant may have grounds to dispute the eviction and the increase itself.
Are There Any Rent Control Limits in Alberta?
Unlike some other provinces, Alberta does not have rent control laws that limit how much a landlord can increase rent. This means that, technically, a landlord can raise the rent by any amount, as long as they follow the required notice periods and waiting time between increases.
While there are no set limits, most landlords raise rent within reason to avoid losing tenants. In highly competitive markets, however, tenants may see larger increases, making it especially important to know their rights and options.
Tips for Landlords Planning a Rent Increase
If you’re a landlord looking to increase rent, consider the following best practices:
Keep clear records of when the last rent increase occurred to ensure compliance with the 12-month rule.
Provide proper written notice with all the required details.
Be transparent about why the increase is happening—most tenants appreciate honesty.
Avoid excessive increases that may lead to tenant turnover or disputes.
Offer improvements or upgrades to justify higher rent and maintain positive tenant relationships.
If you’re unsure whether your planned rent increase meets Alberta’s legal requirements, consulting with a legal professional like Nimmons Law Office Calgary can help you avoid mistakes.
Tips for Tenants Responding to a Rent Increase
Know your lease: Understand whether you’re on a fixed-term or periodic agreement.
Check the notice: Ensure the landlord gave the proper notice and that the timing is legal.
Ask questions: Don’t hesitate to contact your landlord for clarification or negotiation.
Seek advice: If you believe the rent increase is unfair or improperly handled, reach out to the RTDRS or a legal expert.
Conclusion
Understanding the rules around rent increases in Alberta is essential for both landlords and tenants. While landlords have the right to adjust rent based on changing costs or market conditions, they must follow the proper procedures laid out in the Residential Tenancies Act.
Tenants, on the other hand, have the right to receive proper notice and to dispute rent increases that are not legally handled. Awareness of these rights and obligations helps prevent misunderstandings and promotes fair rental practices.
For more complex issues or legal concerns regarding rent increases, Nimmons Law Office Calgary provides reliable support to ensure both landlords and tenants are treated fairly under the law.
