Can I break my lease if my apartment has mold?

The Act and regulations do not name mold. The landlord must meet the minimum housing standards, which cover keeping the building waterproof and basements free of water, and must keep the premises free of insect and rodent infestations. A tenant must report an infestation and allow access for treatment. The landlord can enter on 24 hours' written notice to control pests, and can apply to RTDRS or court for reimbursement if the tenant caused the problem.

A tenant can end the tenancy on 14 days' written notice only where the landlord has committed a substantial breach and a public health order has been issued about it and the tenant reasonably believes the landlord has not complied. The notice is ineffective if the landlord objects within 7 days and is right that it has complied. Otherwise the tenant can apply to RTDRS or the Alberta Court of Justice to end the tenancy for a significant breach, plus damages or a rent reduction. RTDRS cannot order the landlord to do repairs.

The Residential Tenancy Branch says landlords are generally responsible for insects such as bed bugs, while other pests such as rodents depend on the local standards of maintenance bylaw. Minor mold on windowsills, tubs and showers is the tenant's to deal with, and tenants should report water damage straight away. There is no special health hazard notice that lets a tenant leave early.

The tenant's route is a written notice of the problem, and if the landlord has not fixed it within a reasonable period, the tenant can end the tenancy on a date after the landlord receives the notice (breach of a material term, s.45(3)). If the unit truly cannot be lived in, frustration of the tenancy may apply. A tenant can also apply for dispute resolution for repair orders, a rent reduction and compensation. A tenant cannot make ordinary repairs and charge the landlord without written agreement.

The landlord must keep the unit in a good state of repair, fit for habitation and meeting health and maintenance standards. The public health standard says an owner may not rent a dwelling unless it is free of insect pests and rodents. Pest control rules also come from municipal bylaws and The Public Health Act. The tenant must keep the unit reasonably clean, report pests, let the exterminator in and follow the preparation instructions.

A tenant can end the tenancy by notice without a tribunal order. If the landlord's breach poses a health or safety risk, the notice can take effect 5 days after it is given, with no prior warning needed. If the breach makes the unit or complex uninhabitable, it can take effect immediately. The usual repair route is a Tenant's Request for Repairs to the Branch, which can issue an order to repair. If a provincial or municipal order requires the tenant to vacate because the unit fails health, building or maintenance standards, rent is suspended while the order is in effect. We found no mold-specific rule in the Act.

The Act and regulations do not mention mold or pests. The landlord must keep the property in good repair and fit for habitation, and the government says treatment costs are generally the landlord's unless the tenant caused the problem. The tenant must keep reasonable cleanliness and sanitary standards. Public Health Inspectors can look at extensive mold and at rodent or insect infestations.

If the landlord breaches a material provision, the tenant can end the tenancy by written notice after giving the landlord a reasonable period to fix the problem, if it can be fixed. The standard conditions say this can be on one day's notice, with the reason stated, and give an uninhabitable unit as an example. The government form is Form 6a. Or the tenant can apply to the Office of Residential Tenancies for an order to comply, rent paid to the director to fund the fix, or damages.

The landlord must keep the complex fit for habitation and meet health, safety, housing and maintenance standards, even if the tenant knew of the problem when signing. The provincial maintenance standards require the complex to be kept reasonably free of rodents, vermin and insects, and require walls and ceilings to be kept free of mould, mildew and other fungi. Where a municipality has its own property standards by-law, that by-law usually applies instead.

We found no rule letting a tenant end the tenancy on their own notice because of health or safety problems. The tenant can apply to the Landlord and Tenant Board on form T6, within one year of the conduct, and the Board can terminate the tenancy, order a rent abatement or order repairs. A tenant can also agree with the landlord to end it (N11) or give a normal notice. The Board says a tenant should keep paying rent.

The Act does not mention mold, pests or bed bugs. The landlord's general duty is to keep the unit fit for habitation and meet health, safety and housing standards. Where a municipality has adopted the province's model maintenance code, a dwelling must be kept free of rodents and insects. The Department of Health bed bug sheets are guidance and tell tenants to report and prepare the unit for treatment.

A tenant cannot end the tenancy on their own notice for this reason. The tenant serves a written complaint, the landlord has 7 days to comply, and then the tenant notifies a residential tenancies officer. The tenant can then apply to the officer to end the tenancy, and the officer can serve a notice of termination after investigating, if satisfied that the landlord has failed to comply and is unwilling or not financially able to do so. The officer can order the landlord to pay up to one month's rent for the tenant's expenses, plus a refund of up to one month's rent paid while the unit was uninhabitable. The landlord cannot claim the lost future rent.

We found no mold-specific or pest-specific rule in the Act or regulations. The landlord must keep the premises in a good state of repair and fit for habitation and comply with health, safety and housing standards, which in practice means municipal by-laws. The tenant must keep the interior ordinarily clean. We found no official source that sets a tenant duty to report pests or prepare the unit for treatment.

A tenant cannot end the tenancy by notice just because the unit has mold or is unsafe. The route is to apply to the Director (Form J), who can order repairs, compensation, or that the tenancy end on a set date. For an urgent problem the tenant can ask for an emergency hearing (Form DR9). The health-based early exit (s.10C) is about the tenant's own health, and we could not confirm whether it can be used where a unit condition causes the decline, so ask the Residential Tenancies Program before relying on it. The guide says rent cannot be withheld.

The owner must prevent and treat infestations, and the regulations name cockroaches, bedbugs, fleas, rats and mice. They also require buildings to be free from dampness and dwellings to be damp-proof. The tenant must report an infestation immediately, in writing, to both the owner and a public health official. The Rental Office says a licensed pest control company should do the treatment and the landlord pays, unless the landlord proves the tenant caused it.

The Act gives the tenant no notice right to leave early because of poor conditions. The tenant applies to the Director, who can order a rent reduction, compensation or an end to the tenancy, and urgent safety matters can be decided without a hearing. For emergency repairs, the tenant must contact the landlord's emergency contact, allow reasonable time, and can then have the repair done and claim reimbursement with receipts.

The Act does not mention mold or pests. The landlord must keep the unit in a good state of repair and fit for habitation and comply with health, safety and housing law, even if the tenant knew of the problem. In the municipalities listed in the Occupancy and Maintenance Regulations, every dwelling must be kept free of rodents, vermin and insects, and extermination ordered by the authority is at the owner's expense. Those regulations also require spaces to be kept free of dampness so as to prevent mildew.

If the landlord breaches the repair and fitness duty, the tenant can give written notice that the agreement is terminated, effective immediately, with no tribunal order needed first (s.21(1)). The Office's policy warns that immediate notice may not be justified if the landlord is already fixing an emergency. A tenant who wants to stay can apply for a repair order, a rent reduction or rent paid into trust, but the Office will not accept a repair application unless a written repair request has been served and the rent is up to date. A notice cannot be given verbally.