What rights does a tenant have in the event of a dispute with the landlord?

In Calgary's modern housing market, conflicts between tenants and landlords can arise for a variety of reasons, ranging from failure to fulfill repair obligations to violations of the right to peaceful enjoyment of the premises. Alberta's Residential Tenancies Act (RTA) provides tenants with strong legal protections and clear mechanisms for resolving disputes. Understanding these rights is critical to ensuring fair rental relationships and protecting tenants' interests.

The most important principle: tenants have the right to safe, healthy housing and peaceful enjoyment of their rented property without unlawful interference from their landlord. If these rights are violated, the law offers several remedies, ranging from negotiation to referral to the Residential Tenancy Dispute Resolution Service (RTDRS).

Tenants' basic rights under the Residential Tenancies Act

  • Right to suitable accommodation: The landlord is obliged to provide rented property that meets minimum standards of habitability and health (Public Health Act). This covers structural integrity, functioning communications, heating, safe electricity, and freedom from pests.

  • Right to peaceful enjoyment: Controlled privacy, no unreasonable interference, exclusive use of the premises (except for lawful grounds for entry by the landlord), comfortable use of common areas.

  • Protection from discrimination: The Alberta Human Rights Act prohibits discrimination (based on race, religion, gender, disability, family status, source of income, sexual orientation). Refusal to rent or different rental terms based on these characteristics are illegal.

  • Right to a refund of the security deposit: The tenant must receive the security deposit within 10 days of moving out (except for objective deductions: outstanding rent, actual damage, etc.). The landlord is required to provide a detailed report with evidence.

Rental Tenancy Dispute Resolution Service (RTDRS)

RTDRS is the main body for resolving rental disputes in Alberta. It is a quick and affordable alternative to court, specifically designed for typical rental issues.

  • Handles disputes regarding:
  • unpaid rent,
  • security deposits,
  • damages,
  • eviction notices,
  • failure to perform repairs or fulfill terms of the lease.
  • Claim limit — $100,000 (application must be filed within 2 years of the dispute).
  • File online or in person ($75–$100); evidence required: text of the agreement, checks, correspondence, photos.
  • Hearings are less formal (in person, by phone, or video).
  • The officer makes a legally binding decision; if it is ignored, the case goes to the Court of King's Bench.
  • Advantages: speed (2–4 weeks), cost savings, maximum simplicity for non-specialists.

Legal remedies for tenants

  • Compensation for damages: Compensation for temporary accommodation, medical and repair costs, lost property (if this is the result of the landlord's failure to fulfill their obligations).

  • Rent abatement: The possibility of demanding a full or partial reduction in rent if the accommodation did not meet the standard or was not provided on time, or if there were significant restrictions on use.

  • Compensation for expenses: Reimbursement of expenses that should have been incurred by the landlord but were incurred by the tenant (e.g., emergency replacement of heating).

  • Termination of the contract without penalty: In serious cases of breach by the landlord, the tenant has the right to terminate the contract and even claim compensation for moving expenses.

Right to peaceful enjoyment of the property

  • Privacy: The landlord must obtain the tenant's consent to enter or give at least 24 hours' written notice (only for inspection, repair, showing to a potential tenant/buyer, pest control). There are time restrictions (8:00 a.m. to 8:00 p.m., not on the tenant's holiday/religious day). In exceptional cases (fire, accident), entry is possible without permission.

  • Peaceful cohabitation: Protection from interference by the landlord, other residents, protection from constant noise, especially at night.

  • Protection from harassment and threats: The landlord is prohibited from harassing, intimidating, threatening, or pressuring the tenant.

Protection against discrimination

  • Protected grounds: Race, skin color, ethnic origin, age, religion, gender, disability, marital status, source of income, sexual orientation, gender identity.
  • Duty to accommodate: The landlord must make reasonable modifications for persons with disabilities (ramps, bathroom modifications, service animals, etc.) if it does not impose an extreme financial/operational burden.
  • Complaint procedure: Submit a complaint to the Alberta Human Rights Commission (within one year of the incident).

Security deposit protection

  • Maximum of one month's rent.
  • Money held in a separate trust account, with interest (paid annually or at the end of the lease).
  • After moving out, the landlord must return the deposit (with interest, if not paid separately) within 10 days or provide a detailed written report of deductions.
  • Permitted deductions: unpaid rent, damage beyond normal wear and tear (with an inspection report), additional cleaning, failure to return keys.

Prohibition of retaliation by the landlord

  • Eviction, threats, rent increases, reduction of services, pressure after:
  • filing or participating in a complaint,
  • participating in RTDRS or court,
  • giving the landlord 14 days' notice of termination due to a material breach.
  • Proving retaliation is helped by recording the time (typically up to 6 months after the protected action).
  • Remedies include cancellation of eviction notice, reinstatement of tenancy, compensation through RTDRS, referral to the Human Rights Commission (when the cause is discrimination).

Noise complaints and the right to quiet

  • Local regulations in Calgary: From 10 p.m. to 7 a.m. (Monday to Friday) and until 9 a.m. (Sundays and public holidays) — special noise restrictions apply.
  • Limits:

During the day: continuous noise — up to 65 dBA; at night — up to 50 dBA.

  • How to complain: 311 Calgary (dispatcher, online form) or the police (for emergencies).

Prohibited actions by landlords

  • Illegal lock changes, eviction without notice.
  • Disconnection of utilities (except for emergencies/repairs and only for a short period of time).
  • Unlawful possession of property — only possible upon official departure from the premises. Any other confiscation or blocking of belongings is illegal.
  • Renting out “condemned property” — renting out emergency housing that is closed by the code — is a criminal offense.

Documentation procedures and evidence

  • Keep ALL written correspondence (letters, emails, SMS).
  • Take detailed photos of every defect or problem, record dates and progress.
  • Keep receipts and bills for repairs, medication, etc.
  • Collect written statements from neighbors and repair workers.
  • Official inspection reports (sanitary, housing, fire) have high legal weight.

Where to find help and information

  • Calgary Legal Guidance: free legal assistance for low-income individuals.
  • Student Legal Services (University of Calgary): consultations, assistance with documents.
  • CPLEA (Centre for Public Legal Education Alberta): publications, online guides, information about rights.
  • Alberta Human Rights Commission: information and review of complaints of discrimination.
  • 311 Calgary: municipal violations (noise, building codes), 24/7 emergency information.

Conclusion: Tenants in Calgary have extensive protection of their rights, both at the level of the law and in terms of practical tools for defending them:

  • Write down and keep all correspondence.
  • Record and document violations of any kind.
  • Use RTDRS for economical and quick resolution of most legal disputes instead of going to court.
  • Do not agree to waive your basic rights in the contract!
  • Seek legal advice, organizations, and support services in difficult situations or in cases of discrimination.

Knowing your rights and being assertive are the best guarantees of fair treatment when renting in Calgary!