Filthy or Damaged Rental Unit in Alberta

Two tenant duties in section 21 of the Residential Tenancies Act cover this problem. The tenant must maintain the premises and anything rented with them in a reasonably clean condition (s.21(f)). The tenant must also not do or permit significant damage to the premises, the common areas or the property of which they form a part (s.21(e)).

The sources reviewed do not mention hoarding by name, and this guide does not treat it as a separate legal category. What applies is the general cleanliness and damage duties. The Alberta Handbook adds that a tenant is liable if they, a family member, a guest or even a pet cause damage.

A breach of a section 21 duty, or a series of breaches whose cumulative effect is substantial, is a "substantial breach" under the Act (s.1(1)(p)). That definition is what opens the termination routes below. The Act does not define "reasonably clean" with a checklist, so photos and dated notes matter.

You can enter to inspect the state of repair of the premises, but only after notice. The notice must be served at least 24 hours before entry, entry must be between 8 a.m. and 8 p.m. (holiday rules are in s.23(4)). The notice must be in writing, signed, state the reason, and name a date and a start and end time; a reasonable window is allowed (s.23(6)). The Handbook says a landlord may conduct periodic inspections to confirm the tenant is not damaging the premises and is keeping them in a reasonably clean condition. No prescribed entry-notice form was found in the regulation.

Entry without notice is allowed only for an emergency or abandonment (s.23(2)). Contravening section 23 is an offence with a fine of not more than $5000 under section 60(1). If the tenant will not let you in after proper notice, see the Alberta guide to a tenant who refuses entry and the Ask page on entry.

Take dated photos of what you see and note who was present. That record supports any later notice or claim.

Alberta has two notice routes here, and they are not interchangeable.

Route	Notice and form	What follows
Substantial breach (s.29)	Notice served at least 14 days before the termination day. Form 3, "Landlord's Notice to Tenant, Termination of Tenancy for Substantial Breach"	You may instead apply to a court. The notice is ineffective if, for a breach other than non-payment, the tenant serves a written objection before the termination date in the notice (s.29(4)). Read that subsection before relying on the notice.
Significant damage (s.30)	Notice at least 24 hours before the termination time. Form 4, "24-hour Notice of Termination of Tenancy"	If the tenant has not left by the termination time, apply to a court within 10 days after the termination date (s.30(3)); if you do not and the tenant is still there, the notice is ineffective (s.30(5)). The court confirms only if satisfied of significant damage.

The forms may be used under regulation section 12, so use is permitted, not mandatory. The 24-hour route in the Act is tied to significant damage (and to assault), not to untidiness. If the problem is mainly cleanliness, the 14-day route or a court application is the one the sources point to. The Handbook describes the 14-day notice as "14 clear days"; the Act's own wording is at least 14 days.

Whichever route you take, you cannot remove the tenant yourself. Removal is only through a civil enforcement agency under an order for recovery of possession (ss.34 and 34.1). For the notice basics, see the Alberta notice guide.

Your remedies for a breach include recovery of damages resulting from the breach and, where the breach is substantial, termination (s.26(1)). A court application under section 26 needs an affidavit. You can also apply to the Residential Tenancy Dispute Resolution Service for damages, which the RTDRS apply page describes as other financial losses resulting from the tenant's breach, and the RTDRS can order termination and possession.

RTDRS claims go up to $100,000 and must be filed within 2 years of discovering the claim. Filing fees are $75 for claims of $7,500 or less and $150 above that; check the page for current figures. In extreme cases, the page names significant damage, assault or threat of assault, you can ask to shorten the usual 3-clear-day hearing notice. Only the most serious cases are accepted.

The RTDRS page also says it cannot investigate an offence or a bylaw or building code violation and issue a fine, and cannot require specific performance. The sources reviewed describe no repair order that a landlord can obtain against a tenant. What cleaning charge you may take from the security deposit is not stated in the sources reviewed, so see the Alberta deposit guide and what to do if a tenant damages property.

Separate from the tenancy rules, the provincial Public Health Act lets an executive officer, who acts for Alberta Health Services, issue a written order if there are reasonable and probable grounds that a nuisance exists (Public Health Act s.62). The order sets out reasons, what is required and a time limit. Its options include vacating the premises, declaring them unfit for human habitation, specified work and removal of the nuisance. If the order is not complied with, the officer may carry it out (s.62.1).

The Nuisance and General Sanitation Regulation defines a nuisance as a condition that is or might become injurious or dangerous to public health, and says no person shall create or maintain one. An officer who receives a complaint must inquire into it. This is a provincial public health process, not a landlord remedy, and the officer decides what to do.

Municipal property standards by-laws may also exist and differ from city to city. None was reviewed for this guide, so ask your own municipality what applies. A municipal rule applies only in that city, never across Alberta.

Common mistakes are entering without the written 24-hour notice, using the 24-hour route for a problem that is not significant damage, missing the 10-day court application deadline when the tenant has not left after a section 30 notice, and cleaning out the unit before you have an order. If the tenant answers a section 29 notice with a written objection before the termination date in the notice, the notice may not take effect for a breach other than non-payment, so be ready to apply to a court or the RTDRS.

The sources reviewed do not state how much of a deposit you may keep for cleaning, do not list a municipal standard, and do not describe a repair order against a tenant. Where a question turns on one of those points, ask the RTDRS or Service Alberta and Red Tape Reduction. The Alberta forms guide lists the forms in one place.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.