What happens if a tenant doesn't pay utilities?

Who pays utilities is set by the tenancy agreement. If the lease makes the tenant pay them and they don't, the landlord can deduct the amount from the security deposit at the end of the tenancy, because utilities are among the other amounts a lease can cover. For the rest, apply to the Residential Tenancy Dispute Resolution Service (RTDRS) within 2 years, where awards go up to $100,000, or to the Alberta Court of Justice.

A landlord cannot start charging for utilities partway through a tenancy if the lease says they are included, or if it is silent and the landlord has always paid them out of the rent. The two sides can agree to change that, or the landlord can raise the rent under the normal rent increase rules. The owner must keep electricity, water and heat supplied unless the agreement makes them the tenant's sole responsibility.

The tenancy agreement must say which services and facilities are included in the rent. If it makes the tenant pay utilities and they are still unpaid more than 30 days after the landlord's written demand, the landlord can treat them as unpaid rent and serve a 10 day notice to end the tenancy. The landlord can also apply to the Residential Tenancy Branch for the money, within 2 years after the tenancy ends.

A landlord must not end or restrict an essential service such as utilities or heat. The Branch's policy says a lease term making a tenant put a utility account in their name for premises they don't occupy is likely unconscionable, and a tenant whose name is on a shared bill can claim the other tenants' share from the landlord.

A landlord can charge a tenant a share of the utility bill as long as the tenant knew what they would pay at the start of the tenancy. Either side can ask the Residential Tenancies Branch to decide whether the share is reasonable, and the Branch looks at the unit's size compared with the whole building and the history of use. If the tenant doesn't pay, apply to the Branch.

A landlord must not withhold a vital service it supplies, or deliberately interfere with any vital service, even one the landlord is not required to supply. Administrative penalties are $1,000, then $3,000, then $5,000, and fines go up to $2,000 for an individual and $10,000 for a corporation. If the landlord fails to pay a utility that is included in the rent, the Branch can redirect rent to pay the bills.

The written agreement must say whether the landlord or the tenant pays for utilities. If it requires the tenant to pay utility charges, to the landlord or to the utility, and they stay unpaid for 15 days or more after the landlord's written demand, the landlord can treat them as unpaid rent and serve a notice. The landlord can claim utility arrears at the same Office of Residential Tenancies hearing as an order of possession ($50 fee, claims up to $30,000).

When the tenancy ends, utility arrears can be claimed against the security deposit within 7 business days after the landlord knew or should have known the tenant moved out. A landlord must not cut off or restrict a service such as utilities or heat without the tenant's consent or an ORT order, and cannot start charging for something that was free unless the tenant agrees or the ORT orders it.

The standard lease shows whether the landlord or the tenant is responsible for electricity, heat and water. If the lease makes the tenant pay a utility and they don't, the landlord can apply to the Landlord and Tenant Board for the money while the tenant still lives there or within one year after they move out. The rent deposit cannot be used for this; it goes only toward the last month's rent.

A landlord who charges a share of a utility under the Act's apportioning rule (buildings of six units or fewer) cannot serve an eviction notice or apply to evict over an unpaid utility charge. A landlord must never withhold or deliberately interfere with a vital service, even when rent is owed. If the tenant pays the supplier directly and the supply is cut off for the tenant's own unpaid bill, that is not the landlord withholding a service.

A lease can make the tenant repay the landlord for heat, water, electric power or natural gas when the rent does not include them. If the tenant doesn't pay, the landlord can claim the unpaid amount from the security deposit, which the province holds, by filing a Security Deposit Claim within 7 days after the tenancy ends. Apart from that, a landlord can require only rent, a security deposit or a reasonable amount for a service tied to the tenancy.

A landlord must not deliberately interfere with heat, water or electric power except in an emergency or for maintenance or repairs. It is an offence with a fine of $240 to $10,200.

Who pays which utilities is set by the standard lease, which has boxes for what the rent includes, such as heat, water, hot water, electricity and cable. We found no Nova Scotia rule that treats unpaid utilities as unpaid rent, so a landlord owed utility money applies to the Director of Residential Tenancies (Form J, $31.15).

A landlord cannot turn off the heat even when rent is owed, and cannot disconnect utilities the lease includes. Taking away a service the rent included counts as a rent increase, which can only happen once in 12 months on the tenancy's anniversary date. Breaking the Act is an offence with a fine of up to $1,000.

The written agreement must list the services and facilities included in the rent. If it requires the tenant to pay utility charges to the landlord and they are unpaid more than one month after a written demand, the landlord can treat them as unpaid rent and serve a notice of termination; the tenant can cancel the notice by paying within 10 days. The landlord can also apply to the Director at the Rental Office (Form 2B) during the tenancy or within 6 months after it ends.

A landlord must not cut off or restrict a service such as utilities or heat. The Director can impose penalties of up to $10,000 for each day the breach continues, and the offence fine is up to $25,000.

Who pays which utility is set by the rental agreement; the government's guide gives "tenant to pay own utilities" as an example term. Under the Act, an amount payable for the cost of utilities counts as rent. If a landlord pays utilities the tenant should have paid, it can claim the money back through an Application for Dispute Resolution ($20), with a copy of the utility bill.

Neither the landlord nor the tenant can disconnect heat, water or electric power without the other's written consent, and the guide lists a disconnection as one way a unit can become uninhabitable. Fines go up to $3,000 for an individual and $10,000 for a corporation, with each day counted as a separate offence.