Can I terminate the contract due to poor living conditions?

Terminating a lease due to substandard living conditions is one of the most difficult issues tenants face in Calgary. Many tenants find themselves in situations where their housing does not meet basic safety and health standards, but they are unaware of their rights or fear the legal consequences of terminating their lease early. The Alberta Residential Tenancies Act (RTA) provides tenants with powerful protections when landlords fail to fulfill their obligations to provide decent living conditions.

The key principle is that tenants have the right to safe and healthy housing throughout the lease term. If the landlord fails to do so, the tenant may have legal grounds to terminate the lease early without penalty. However, to successfully terminate the lease, it is important to understand the procedure, document the problems, and follow the clear requirements of the law.

Legal grounds for terminating a lease due to poor conditions

The Residential Tenancies Act of Alberta clearly defines what constitutes unacceptable living conditions and provides a legal framework for terminating a lease in such situations. The key concept is “substantial breach” on the part of the landlord, which may be grounds for early termination of the agreement.

A substantial breach is a failure by the landlord to comply with the Minimum Housing and Health Standards if the Environmental Public Health inspector has issued an official order to remedy the breach and the landlord has failed to comply. It is this three-step process (breach – order – failure to comply) that gives the tenant legal grounds to legally terminate the lease due to poor conditions.

Minimum Housing and Health Standards

Minimum Housing and Health Standards — a set of official rules for all rental properties in Alberta, covering:

  • Structure: the building must be watertight and windproof, protect against weather conditions; windows and exterior doors must be intact, lockable, and windows must have screens.
  • Heating: the system must maintain a minimum temperature of +22°C (16°C in extreme cold).
  • Utilities: if included in the rent, the landlord is obliged to provide them without interruption. The hot water temperature must be between 46°C and 60°C. The landlord must also maintain the refrigerator and stove in good working order.
  • Safety: the electrical system must be safe, and smoke detectors, emergency exits, and other safety features must be in working order.
  • No pests: the dwelling must be free of rats, cockroaches, and other pests (the tenant is required to follow the instructions of a pest control service).

Alberta Health Services, through Environmental Public Health, ensures the application and enforcement of standards. Inspectors may order deficiencies to be corrected and, in critical situations, declare a dwelling “unfit for habitation” or “closed for rental purposes.”

Procedure for obtaining an inspection order

To have legal grounds for terminating the contract, the following procedure is mandatory:

  1. Written notice to the landlord. The tenant describes the problems in detail and demands that they be remedied, creating an official record.
  2. If the landlord does not respond, contact Environmental Public Health (via Health Link 811). An inspector will visit to conduct an inspection.
  3. Inspector's investigation: an inspection is conducted, problems are documented and, in the event of violations, an official order is issued to remedy them within a specified time frame.
  4. If the violations are not corrected, the tenant is entitled to formally terminate the lease.

In case of serious hazards, the inspector may immediately declare the premises uninhabitable and require evacuation.

14-day notice of termination of the contract

If the landlord has not complied with the inspector's order, the tenant has the right to give 14 days' written notice of termination of the contract:

  • It must be in writing, contain the address of the property, the tenant's signature, and state the reason and date of termination of the lease.
  • It must be delivered in person to the landlord or sent by registered/certified mail (or, if this is not possible, electronically with the option to print).
  • The 14-day period does not include the day of submission and the day of termination.

The landlord may submit an objection within 7 days, but only in two cases: if they have actually remedied the breach (or obtained a deferral).

Alternatives to the 14-day notice

In addition to the 14-day notice, the law allows the tenant to:

  • Contact the RTDRS (Residential Tenancy Dispute Resolution Service) or the court, demanding:
  • reimbursement of expenses (e.g., for temporary accommodation);
  • a reduction in rent due to poor conditions;
  • compensation for expenses that the tenant was forced to incur;
  • termination of the contract.
  • Request a rent reduction (“rent abatement”) for the period during which the rented property did not meet the standards.
  • Challenge any fines/penalties through the courts or RTDRS.

Special cases and emergencies

  • Premises declared unfit for habitation: the inspector may require immediate evacuation — the landlord is responsible for compensation.
  • Closure for rental purposes: the property cannot be used for residential purposes until all problems have been fully resolved.
  • Emergencies: no heating in winter, major leaks, emergency conditions — be sure to inform the emergency services and the inspector.
  • Safety issues: faulty alarms, blocked emergency exits, etc. — may result in the property being closed.

Protection for victims of domestic violence

In Alberta, there are special rules that allow victims of domestic violence to terminate their lease without penalty:

  • A certificate from the Ministry of Human Services (based on a court order or a letter from a certified professional) is required.
  • The landlord must be given at least 28 days' written notice.
  • The tenant is required to pay rent during this period, after which all obligations cease.

Subletting and assignment

If termination due to poor conditions is not possible or impractical, consider:

  • Subletting: temporary transfer of the property to another person with the right of return (the tenant remains responsible).
  • Assignment: complete transfer of rights and obligations to a new tenant (after the transfer, the previous tenant is no longer responsible).
  • For both options, the landlord's written consent is required.

Tips and conclusions

  • Document every step: requests, photos, damage, correspondence, inspection reports.
  • Follow all RTA procedures and inspector requirements.
  • Do not sign unilateral waivers of your rights!
  • Consult with lawyers, RTDRS, and non-governmental organizations for advice.
  • Do not be afraid to defend your rights to safe, healthy housing, even if the landlord disagrees or intimidates you.

Terminating a lease due to poor housing conditions in Calgary is entirely legal if you follow the procedure, document all steps, and cooperate with official authorities. The law is clearly on the side of tenants; life and safety are an absolute priority.