What to do if the landlord fails to fulfill its obligations?

A residential lease is a bilateral agreement where both the landlord and the tenant have certain rights and obligations. In the province of Alberta, where Calgary is located, the legislation clearly regulates this relationship, in particular through the Residential Tenancies Act (RTA). If a landlord fails to fulfill its obligations, it can make life very difficult for the tenant. In this article, we will look at what rights a tenant has, what obligations a landlord has, and what to do in case of default.

Basic obligations of the landlord

According to the Residential Tenancies Act, the landlord is obliged to:

  • Maintain the property in good condition, in accordance with safety, health and maintenance standards.
  • Carry out repairs that are necessary to keep the property in a habitable condition.
  • Ensure the uninterrupted provision of utilities, if provided for in the agreement.
  • Do not interfere with the tenant's privacy without proper notice.
  • Provide receipts for rent and other payments.

What is considered a default by the landlord?

  • Lack of repairs that lead to deterioration of the property (e.g., leaks, problems with heating, electricity).
  • Disconnection of utilities without legal grounds.
  • Failure to comply with the terms of the contract (e.g., failure to provide promised amenities).
  • Harassment or unlawful interference in the tenant's life.
  • Refusal to provide receipts or proof of payment.

What to do if the landlord does not fulfill its obligations?

1. Notify the landlord in writing

The first step is to officially notify the landlord of the problem. This can be done in writing (by email or letter), describing the problem in detail and asking for it to be fixed within a certain period of time.

2. Keep all documents

Keep copies of correspondence, receipts, photos or videos of damage or problems. This will serve as evidence in the event of a dispute.

3. Contact the Residential Tenancy Dispute Resolution Service (RTDRS)

If your landlord ignores your requests, you can file a complaint with RTDRS, a special body that handles disputes between tenants and landlords in Alberta. The RTDRS can order the landlord to make repairs, reduce rent, or take other measures.

4. Temporary rent reduction

In case of serious housing problems, the tenant has the right to apply to the RTDRS for a rent reduction if the landlord fails to fulfill its maintenance obligations.

5. Do not stop paying rent without permission

Even if the accommodation has problems, the tenant is obliged to pay the rent to avoid accusations of breach of contract. All disputes are resolved through official channels.

6. Consultations and legal assistance

If necessary, seek advice from local organizations that support tenants' rights or from lawyers specializing in housing law.

What should I do if my landlord harasses my tenant?

Harassment by the landlord (or his representatives) is a serious violation of the law. If you feel pressured, threatened or unlawfully interfered with, contact RTDRS or the police. The law protects tenants from such actions.

Conclusion

In Calgary, tenants have legal rights to safe, comfortable and properly maintained housing. If a landlord fails to fulfill its obligations, it is important to act consistently: notify the owner, keep evidence, contact the Residential Tenancy Dispute Resolution Service, and do not stop paying rent without official permission. Alberta law provides effective mechanisms for protecting tenants' rights, and using them is the best way to resolve a conflict.