🔑 Property Management, Condominium Management and Rural Practice

1. Under Alberta's Residential Tenancies Act (RTA), how is a property manager who rents out a unit as agent for the owner treated?

1. As a landlord, with the duties that the Act places on landlords
2. As the tenant's agent whenever the manager collects the rent
3. As a third party who falls outside the scope of the Act entirely
4. As an employee of the owner, with no duties under the Act itself

The RTA defines "landlord" to include a property manager who acts as agent for the owner, and any other person who, as agent for the owner, permits occupation under a residential tenancy agreement (RTA s.1(1)(f)(ii)). The manager therefore carries the landlord's obligations on notices, deposits and inspections.

2. Prairie Gate Property Management leases a retail bay in a strip mall to a bakery for five years. The bakery asks whether the Residential Tenancies Act caps its security deposit. What is the correct answer?

1. No, because the RTA applies only to tenancies of residential premises
2. Yes, because the RTA caps every Alberta deposit at one month's rent
3. Yes, because the RTA applies to any lease that runs longer than a year
4. No, because the RTA applies to leases with terms under six months

Section 2(1) of the RTA states that the Act applies only to tenancies of residential premises. A retail lease is a commercial tenancy governed by its own terms and the general law, so the one-month cap in s.43(1) does not apply. The length of the term has no bearing on whether the Act applies.

3. Which of these living arrangements is excluded from the Residential Tenancies Act?

1. A self-contained basement suite below an owner-occupied main floor
2. A furnished condominium unit rented for an eight-month fixed term
3. A room in the living quarters where the landlord actually resides
4. A private apartment rented monthly to a student at a nearby college

RTA s.2(2)(c) excludes rooms in the living quarters of the landlord if the landlord actually resides in those quarters. A self-contained suite is not part of the landlord's own living quarters, a private landlord's apartment is not caught by the student-residence exclusion in s.2(2)(e) (which requires an educational institution as landlord), and a furnished condo rented for a fixed term remains residential premises (s.1(1)(l), s.2(1)).

4. Under the RTA, when does a "tenancy month" begin if the tenancy agreement does not specify another date?

1. On the day both parties signed the written tenancy agreement
2. On the first calendar day of each month, whatever the rent date
3. On the day the tenant first received the keys to the premises
4. On the day that the rent is payable under the tenancy agreement

A "tenancy month" is the period on which a monthly periodic tenancy is based, whether or not it is a calendar month, and it begins on the day rent is payable unless the agreement specifies another date (RTA s.1(1)(q)). By contrast, a tenancy year begins on the day the tenant first becomes entitled to possession (s.1(1)(s)).

5. A six-month fixed term tenancy ends, and the tenant stays on, paying rent each month that the landlord accepts. Absent facts showing another intention, what tenancy is implied?

1. A monthly periodic tenancy, as the prior term was one month or more
2. A weekly periodic tenancy, as no new written agreement was signed
3. A new six-month fixed term on the same terms as the expired lease
4. A yearly periodic tenancy, as the tenant held over past the term

When a periodic tenancy is implied after a fixed term tenancy expires, it is a monthly tenancy if the prior fixed term was one month or more, and a weekly tenancy if it was less than one month, in the absence of facts showing a contrary intention (RTA s.13; see also the definition of periodic tenancy in s.1(1)(i)(iii)).

6. A tenant's one-year fixed term tenancy, with no renewal clause, ends on June 30. Under the RTA, what notice is needed to end the tenancy on that date?

1. None, as no notice is required to end a fixed term tenancy at its end
2. Written notice from the landlord at least three tenancy months before
3. Written notice from either party at least one tenancy month before
4. Written notice from the tenant at least 60 days before the term ends

RTA s.15 provides that, notwithstanding any agreement to the contrary, notice to terminate is not required to terminate a fixed term tenancy. A fixed term tenancy ends on the day specified in the agreement (s.1(1)(e)). Notice periods in ss.7-9 apply to periodic tenancies.

7. A written residential tenancy agreement must contain which statement, printed larger than the rest of the agreement?

1. That the tenant must buy contents insurance before taking possession
2. That the tenant waives any RTA rights not expressly listed in the lease
3. That the tenancy is governed by the RTA, which prevails in any conflict
4. That the landlord's rules prevail if they conflict with the RTA's terms

RTA s.3(2) requires every written residential tenancy agreement to state, in print larger than the other print, that the tenancy is governed by the Residential Tenancies Act and that the Act prevails if there is a conflict. Under s.3(1), any waiver or release by a tenant of rights under the Act is void.

8. A tenant signs and returns a written tenancy agreement to the landlord. Within what time must the landlord serve the tenant with a copy signed by the landlord?

1. Within 7 days, and the tenant may end the tenancy if it is not served
2. Within 14 days, and the tenant may deduct the cost of a copy from rent
3. Within 30 days, and the landlord must also file a copy with the Director
4. Within 21 days, and the tenant may withhold rent until it is served

Under RTA s.17(1), the landlord must serve a copy of the written agreement signed by the landlord within 21 days after the tenant returns the signed agreement. Section 17(2) allows the tenant to withhold rent until that copy is served.

9. Unless the notice is posted in a common area of the building, within what period must a landlord serve a new tenant with a notice of landlord?

1. Within 21 days after the day on which the agreement is signed
2. Within 7 days after the day on which the tenant takes possession
3. Within 10 days after the day on which the first rent is received
4. Within 3 days after the day the deposit is placed in trust

RTA s.18(2) requires the landlord to serve a notice of landlord within 7 days after the day the tenant takes possession. The notice must be dated and signed and give the name of a person within the definition of landlord with a postal address and physical location in Canada (s.18(1)). In a building with common areas, the notice may instead be posted conspicuously in a common area (s.18(3)).

10. What is the most a landlord may require as a security deposit for a residential tenancy with rent of $1,450 payable monthly?

1. $2,175, which is one and a half months' rent under the agreement
2. $1,450, which is one month's rent under the tenancy agreement
3. $2,900, which is two months' rent when the term exceeds one year
4. $725, which is half of one month's rent for a periodic tenancy

RTA s.43(1) bars a landlord from requiring a security deposit greater than one month's rent under the residential tenancy agreement. With rent of $1,450 per month, the maximum is $1,450 (1.5 x $1,450 = $2,175 and 2 x $1,450 = $2,900 both exceed the cap). The length of the term does not change the limit.

11. Rent is $1,600 per month, and the landlord already holds a $1,600 security deposit. The tenant now wants to keep a cat, and the owner asks the property manager to collect a refundable $400 pet deposit. What should the manager advise?

1. Accept, as a pet deposit is separate and does not count toward the cap
2. Accept, as the cap rises to 1.25 months' rent when a tenant has a pet
3. Refuse, as the RTA prohibits landlords from restricting pets in units
4. Refuse, as total refundable deposits cannot exceed one month's rent

A "security deposit" is any money paid by a tenant to be held as security for the performance of an obligation or returned on a condition (RTA s.1(1)(n)), so a refundable pet deposit is part of the security deposit. Section 43(1) caps it at one month's rent and s.43(2) bars requiring an increase in a deposit: $1,600 + $400 = $2,000 > $1,600. The Act contains no pet exception, and it does not itself prohibit reasonable pet rules.

12. A landlord lawfully raises a monthly tenant's rent from $1,500 to $1,575. The original deposit was $1,500. May the landlord require the tenant to top the deposit up to $1,575?

1. Yes, as the deposit may be adjusted to match the new monthly rent
2. No, as a landlord may not require a tenant to pay a deposit increase
3. Yes, if the top-up is requested within 30 days after the rent increase
4. No, unless the rent increase exceeds five percent of the prior rent

RTA s.43(2) provides that a landlord shall not require a tenant to pay an increase in a security deposit. The cap in s.43(1) is assessed when the deposit is required; a later lawful rent increase does not allow the landlord to demand more. The Act sets no percentage or timing exception.

13. A property manager receives a tenant's $1,200 security deposit by e-transfer on a Monday. Under the RTA, where and when must the money be deposited?

1. In any Canadian chequing account in the owner's name within 10 days
2. In an interest-bearing trust account in Alberta within 2 banking days
3. In the brokerage's general operating account within 5 banking days
4. In an interest-bearing trust account in Alberta within 30 calendar days

RTA s.44(1)(a) requires each security deposit consisting of money to be deposited into an interest-bearing trust account at a bank, treasury branch, credit union or trust corporation in Alberta within 2 banking days after it is received, and s.44(1)(b) requires it to remain in trust until disposed of under the Act. Only security deposits may be deposited in that account (s.44(3)).

14. Northline Property Management signs tenancy agreements as landlord on an owner's behalf and collects the deposits. The owner asks to hold the security deposits in her own trust account instead. What does the RTA Ministerial Regulation provide?

1. The owner may hold them once she serves tenants a new notice of landlord
2. The manager, as non-owner landlord, is sole trustee and must hold them
3. The owner and manager act as joint trustees and may each hold a share
4. The owner may hold them if she opens a separate interest-bearing account

Under Alta Reg 211/2004 s.7(1)-(2), when the tenancy agreement is between a non-owner landlord (s.1(b)) and a tenant, the non-owner landlord is the sole trustee of the deposit money and must hold and administer the security deposit trust account until it ceases to be the landlord. Section 7(3) states that the owner shall not hold and administer that account in those circumstances.

15. How must a landlord deal with interest on a security deposit that consists of money?

1. Pay it yearly at the prescribed rate, unless both agree in writing to defer it
2. Pay it yearly at the prescribed rate, once the tenant asks for it in writing
3. Keep it as an administration fee, unless the lease states interest is owed
4. Pay it at the end of the tenancy at whatever rate the landlord's bank earns

RTA s.45(1) requires the landlord to pay interest annually at the prescribed rate. Under s.45(2), landlord and tenant may agree in writing that interest will not be paid annually; it is then compounded annually and paid at the end of the tenancy. The landlord keeps any investment return above the interest payable (s.45(3)), and a higher agreed rate replaces the prescribed rate (s.45(4)).

16. Which item must a landlord's security deposit records show for each tenant?

1. The date the deposit was banked and the name and location of the institution
2. The owner's signed approval of each deposit before it was placed in trust
3. The number of the insurance policy covering the premises on the deposit date
4. The tenant's credit score and employer on the date the deposit was received

RTA s.44(5)(a) requires, for each tenant: the date of receipt and amount of the deposit; the date it was deposited and the name and location of the financial institution; particulars of interest payable and paid; and particulars of its disposition under s.46. The records must be available to the Director (s.44(5)(b)) and kept for at least 3 years after the tenancy ends (s.44(6)).

17. A tenant gives up possession of a unit and owes the landlord nothing. By when must the landlord deliver the full security deposit, including any interest owing?

1. Within 30 days after the day the tenant gave up possession
2. Within 10 days after the day the tenant gave up possession
3. Within 21 days after the final inspection report is signed
4. Within 14 days after the tenant provides a forwarding address

RTA s.46(2)(a) requires a landlord holding a security deposit to deliver it to the tenant within 10 days after the day on which the tenant gives up possession. For this purpose the deposit includes interest owing under s.45 at the end of the tenancy (s.46(1)(c)).

18. A tenant moves out. Under the agreed conditions, the landlord may deduct the cost of a broken window but is still waiting for the glazier's invoice. What does the RTA require of the landlord?

1. Keep the whole deposit until the invoice arrives, then send a final statement of account within 60 days
2. Return the balance not needed within 30 days, then send a final statement once the work is completed
3. Return the unneeded balance and an estimated statement within 10 days, then a final one within 30 days
4. Apply the whole deposit to the repair, then send a statement within 10 days after paying the glazier

When the landlord is entitled to a deduction under the agreed conditions but cannot yet determine the correct amount, RTA s.46(2)(c) requires delivery, within 10 days after the tenant gives up possession, of the balance the landlord does not intend to use plus an estimated statement of account, and, within 30 days after that same day, the remaining balance and a final statement of account.

19. At move-out, a landlord wants to deduct $300 from the deposit for carpet damage, but no move-in inspection report was ever completed. What is the effect under the RTA?

1. No deduction for damage may be made, as s.19 report rules were not met
2. The deduction is allowed if it is less than half of the deposit held
3. The deduction is allowed because the move-out report shows the damage
4. The deduction is allowed if the landlord provides photos of the damage

RTA s.46(6) provides that a landlord shall not make a deduction from a tenant's security deposit for damages unless the inspection report requirements of s.19 have been met. Section 19 requires both a move-in and a move-out inspection with a report given to the tenant. Without the move-in report, the deduction for damage is barred; the landlord would have to pursue other remedies (s.26(1)(d)).

20. After a four-year tenancy, the walls show light fading and minor scuffs from ordinary daily living, and the unit was otherwise well kept. How does the RTA treat a deposit deduction for repainting?

1. Allowed, as any repainting cost may be charged to the departing tenant
2. Allowed, if the lease makes repainting the tenant's responsibility
3. Allowed, but limited to half the cost because the tenancy was long
4. Not allowed, as this is normal wear and tear, which cannot be deducted

"Normal wear and tear" is the deterioration that occurs over time with use even though the premises receive reasonable care and maintenance (RTA s.46(1)(b)). Section 46(5) prohibits any deduction from the deposit for normal wear and tear, and a lease clause cannot waive that protection (s.3(1)).

21. An investor buys a rented duplex. Each tenant paid a deposit to the previous owner, who did not transfer the funds at closing. What does the RTA say about the new owner?

1. The new owner takes on the previous landlord's deposit obligations
2. The new owner may collect new deposits from the tenants at closing
3. The tenants must claim their deposits from the previous owner alone
4. The new owner is liable for deposits it actually received in trust

Under RTA s.47(1), a person who acquires a landlord's interest has the rights and is subject to the obligations of the previous landlord regarding deposits paid to that landlord. Section 47(2) also requires the new landlord, within a reasonable time and at no cost to the tenant, to serve a notice of landlord and a statement of the deposit and interest standing to the tenant's credit.

22. Within what window must the landlord and tenant inspect the premises at the start of a tenancy?

1. Within 48 hours after the tenant receives the keys to the unit
2. Within 30 days after the written tenancy agreement is signed
3. Within 10 days before the tenant pays the first month's rent
4. Within one week before or after the tenant takes possession

RTA s.19(1) requires the landlord and tenant to inspect the premises within one week before or after the tenant takes possession, and the landlord must provide the tenant with the inspection report forthwith on completion. Section 19(2) applies the same one-week window at move-out.

23. A departing tenant ignores requests to attend the move-out inspection. Under the RTA, when may the landlord complete the inspection without the tenant?

1. After proposing 2 times on different non-holiday days, 8 a.m. to 8 p.m.
2. After the tenant fails to return the keys within 48 hours of leaving
3. After proposing 2 times on the same weekend day, from 9 a.m. to 5 p.m.
4. After giving one written notice at least 24 hours before the inspection

RTA s.19(3) lets a landlord inspect without the tenant if the landlord proposes 2 inspections on different days, on days that are not holidays, between 8 a.m. and 8 p.m., and no adult tenant agrees to take part; alternative times may be proposed under s.19(4). The report must then include the statement in Alta Reg 211/2004 s.4(5) that the inspection was conducted without the tenant present.

24. At a joint move-in inspection, the tenant refuses to sign either the "agree" or the "disagree" statement on the report. What must the report then contain?

1. A statement, signed by the landlord, that the tenant refused to sign
2. A note that the tenant is deemed to agree that the report is accurate
3. A statement, signed by a witness, that the report is accepted as final
4. A note that a new inspection must be held within the next seven days

Alta Reg 211/2004 s.4(3) requires a joint inspection report to include a statement signed by the landlord or agent and both tenant statements (agree or disagree), one of which the tenant signs. If the tenant refuses, s.4(4) requires the report to contain the statement "The tenant or tenant's agent present at the inspection refused to sign the tenant's statement", signed by the landlord or agent.

25. How long must a landlord keep a copy of each inspection report prepared under section 19 of the RTA?

1. At least 1 year after the tenant's deposit is returned
2. At least 5 years after the start date of the tenancy
3. At least 3 years after the termination of the tenancy
4. At least 6 months after the move-out inspection date

RTA s.19(6) requires the landlord to keep a copy of each inspection report for at least 3 years after the termination of the tenancy and to make it available to the Director or an authorized person for an inspection or investigation under Part 6.

26. For a monthly periodic tenancy, what minimum written notice must a landlord serve before a rent increase takes effect?

1. At least 2 tenancy months before the increase is effective
2. At least 3 tenancy months before the increase is effective
3. At least 1 tenancy month before the increase is effective
4. At least 60 days before the date the increase is effective

RTA s.14(1)(b) requires written notice of a rent increase at least 3 tenancy months before the effective date for a monthly tenancy. A tenancy month begins on the day rent is payable (s.1(1)(q)).

27. A tenant of a bachelor suite pays rent every week under a periodic tenancy. What notice of a rent increase does the RTA require?

1. At least 4 tenancy weeks before the date the increase takes effect
2. At least 12 tenancy weeks before the date the increase takes effect
3. At least 3 tenancy months before the date the increase takes effect
4. At least 90 days before the date on which the increase takes effect

RTA s.14(1)(a) requires at least 12 tenancy weeks' written notice for a weekly tenancy. The 3 tenancy months in s.14(1)(b) apply to monthly tenancies, and the 90 days in s.14(1)(c) apply to any other periodic tenancy.

28. A tenant rents a house under a yearly periodic tenancy. What minimum notice must precede a rent increase?

1. At least 90 days before the date on which the increase is effective
2. At least 3 tenancy months before the date the increase is effective
3. At least 60 days before the date on which the increase is effective
4. At least 1 tenancy year before the date on which it is effective

Weekly and monthly tenancies have their own periods (12 tenancy weeks and 3 tenancy months). For "any other periodic tenancy", such as a yearly tenancy, RTA s.14(1)(c) requires at least 90 days' written notice before the increase is effective. The 60-day figure belongs to a tenant's notice to end a yearly tenancy (s.9(a)).

29. How often may a landlord increase the rent under a periodic tenancy in Alberta?

1. Once 180 days have passed since the tenancy began or the last increase
2. Once 365 days have passed since the tenancy began or the last increase
3. Once each calendar year, on January 1, for every tenant in the building
4. Once the tenancy has run 12 months, then every six months after that

RTA s.14(4) bars a rent increase unless the prescribed time, not less than one year, has passed. Alta Reg 211/2004 s.3(1) sets it at 365 days since the commencement of the tenancy or the last increase, whichever is later, despite any agreement to the contrary.

30. A tenant signed a 12-month fixed term lease starting March 1. In September, the owner wants to raise the rent for the remaining months and offers 3 months' written notice. What applies?

1. The increase is valid if it does not exceed the area's average rent
2. The increase is valid if it is served 3 tenancy months in advance
3. The increase is valid if the lease has a clause allowing mid-term raises
4. No increase may take effect during a fixed term of one year or more

Alta Reg 211/2004 s.3(3) provides that, despite any agreement, declaration, waiver or statement to the contrary, a landlord shall not increase the rent, or recover additional rent from an increase, during the term of a fixed term tenancy of one year or more. Notice periods under RTA s.14 are irrelevant here.

31. Since January 1, 2026, a tenant has occupied the same unit under consecutive 8-month fixed term agreements, with no rent increase. The second term runs September 1, 2026 to April 30, 2027. When may the rent first be increased?

1. When the second term expires, so new rent can start on May 1, 2027
2. On September 1, 2026, when the second fixed term agreement begins
3. On January 1, 2027, one year after the first tenancy commenced
4. On March 1, 2027, after giving 3 tenancy months' notice in December

For consecutive fixed terms each under one year, Alta Reg 211/2004 s.3(4) requires at least 365 days since the first tenancy began or the last increase: January 1, 2026 + 365 days = January 1, 2027. That day falls inside the second term, and s.3(5) then bars any increase until that term expires on April 30, 2027, so the earliest new rent applies from May 1, 2027.

32. A monthly tenant's rent is due on the 1st. The last increase took effect on March 1, 2026. The owner wants the next increase as early as the law allows. Which plan is correct?

1. Increase effective March 1, 2027, notice served by February 1, 2027
2. Increase effective March 1, 2027, notice served by November 30, 2026
3. Increase effective February 1, 2027, notice served by November 1, 2026
4. Increase effective March 1, 2027, notice served by January 31, 2027

Alta Reg 211/2004 s.3(1): at least 365 days since the last increase, so March 1, 2026 + 365 days = March 1, 2027 (February 1, 2027 is only 337 days later). RTA s.14(1)(b): written notice at least 3 tenancy months before the effective date; a tenancy month begins on the day rent is payable (s.1(1)(q)), so notice served no later than November 30, 2026 gives three full tenancy months (December, January and February) before March 1, 2027. Notice served in January or February 2027 is too short.

33. A landlord texts a monthly tenant: "Rent goes up $100 in three months." The message is unsigned and gives no effective date. The tenant then pays the higher rent for two months. What is the tenant's position?

1. The notice is valid, because paying the higher rent shows the tenant agreed
2. The notice is valid, because a text message counts as a signed written notice
3. The notice is void, but amounts already paid are treated as a gift to the owner
4. The notice is void, and the $200 paid in excess can be recovered as a debt

A notice of rent increase must be written, state the effective date, and be dated and signed by the landlord (RTA s.14(2)). A notice that does not comply is void (s.14(6)), and a tenant who paid the increase may recover it in an action in debt (s.14(7)): $100 x 2 months = $200.

34. A periodic tenant receives a valid notice of rent increase and does nothing before the effective date. What is the legal result?

1. The tenant is deemed to have agreed to the increase in rent
2. The tenancy ends automatically on the effective date of the increase
3. The increase is suspended until the tenant signs an acceptance
4. The landlord must serve a second notice before collecting the increase

Under RTA s.14(5), a periodic tenant who receives a notice under s.14 and does not give notice of termination effective on or before the date the increase takes effect is deemed to have agreed to the increase.

35. A monthly tenancy agreement states that the landlord will give 4 months' notice of any rent increase. What notice must the landlord give?

1. At least 1 tenancy month, since the tenant agreed to a custom period
2. Only the RTA minimum, since the Act overrides any longer notice clause
3. At least 90 days, since a contractual notice period is unenforceable
4. At least 4 months, since a longer contractual period must be honoured

RTA s.14(3) provides that if the residential tenancy agreement provides for a period of notice longer than the period in s.14(1), the landlord must give at least that longer period of notice before increasing the rent.