"Renoviction" is a term that has become increasingly relevant in Canada’s housing market, describing situations where landlords force tenants out of occupying the premises, purportedly for major renovations, often with the intent to re-rent the units at higher rates post-renovation.
The Legal Implications of Renoviction
One of the issues with the term is that it is broadly used and has different implications for different provinces. The Residential Tenancies Act and the Residential Tenancies Ministerial Regulations and the administrative bodies that rule on these acts are provincially regulated. In other provinces, renoviction bears a ‘rent-increase’ connotation whereby a landlord can terminate a tenancy due to renovations, raise the rent and then offer the new rent price to the same tenant if they wish to re-occupy the premises. In Alberta the landscape of renovictions is different though the term is frequently used, and the idea of a tenancy being ended for the purposes of renovations is possible, however only pursuant to certain circumstances and conditions.
Renoviction in Alberta
In Alberta, the section related to ending a tenancy for ‘major renovations’ is found not in the Act it’s self but in the related regulations. Regulation 2(2) (c) (ii) outlines a ground for ending a periodic tenancy early; major renovations. Pursuant to the same document at 2(1) express exclusions from this term are listed. “Major Renovations” does not include painting, replacing a floor covering or routine maintenance. Routine maintenance is further defined by RTDS case law.
Two major takeaways from the prevailing statute and regulations are:
- Eviction for the purposes of renovation is not plausible in Alberta if the tenancy is a fixed term tenancy unless the lease agreement says so.
- In the situation of a periodic tenancy, a tenancy can be terminated by the landlord for major renovations, however, the landlord must provide proper notice, containing the required information pursuant to the RTA and must provide the prescribed amount of time for the tenant depending on the type of periodic tenancy, also pursuant to the RTA.
Notice Requirements for Landlords Planning Renovictions
If a landlord does not provide proper notice or the right amount of time, they can be held in breach of the RTA resulting in a fine of up to $10,000 pursuant to section 11 of the Residential Tenancies Ministerial Regulations.
In Alberta, tenants mercifully have a statutory protection against rental rates being raised if their tenancy is ended for renovation purposes. Specifically, section 3(2) of the Residential Tenancies Ministerial Regulations provides that no rental increase may ensue after a Notice pursuant to 12(2) of the RTA (condominium conversion) or a reason pursuant to 2(2) (c) (ii) (this is the section pertaining to major renovations) of the Regulations is given.
How Tenants Can Challenge Renovictions
If there is an issue as to whether the renovations in question constitute ‘major renovations’ then this could be a matter for the RTDRS.
File a dispute with the RTDRS to protect your rights against unfair renovictions.
If there is evidence that the landlord could have structured the work in such a way or timeframe that the tenant would not have had to vacate the property, such so doing the work in phases, room by room, the RTDRS may decide in favour of the tenant in a dispute. Tenants have the right to request detailed plans and permits to verify the legitimacy of the claim. Collect all relevant documents, including the lease agreement, eviction notice, correspondence with the landlord, and any expert opinions on the renovations. Photographs or videos of the current state of the property can also support your case. Try to negotiate with the Landlord first, before filing a dispute.
Present your case clearly at the RTDRS hearing. This can be done online through Webex. Access to Webex links are specific to each case and will be emailed to the participants. If you have an upcoming hearing and you have not received your hearing information, the RTDRS can be contacted by phone at (780) 644-3000 or by email at [email protected].
At the virtual hearing, emphasize any discrepancies in the landlord's claims and the impact of the eviction on your living situation. Having witnesses or expert testimony can strengthen your argument. The RTDRS can decide in favor of the tenant, allowing them to remain in the property, or in favor of the landlord, permitting the termination of the tenancy.
Seek Legal Information and Advice
- Central Alberta Community Legal Clinic (Red Deer)
Phone: 403-314-9129 or toll-free 1-877-314-9129 - Calgary Legal Guidance
Phone: 403-234-9266
- Student Legal Services (Calgary)
Phone: 403-220-6637 - Castle and Associates
FREE 2 hour Residential Tenancy Forms Legal Information Session, check Eventbrite.ca for the next session date.