Is It Innkeepers Act or RTA?
Did you realize if you rent out rooms in your home, you actually fall closer under the Innkeepers Act, than the Residential Tenancy Act? According to the Alberta Residential Tenancy Act (RTA) section 2 (2) (c), the Residential Tenancies Act does not apply to;
Rooms in the living quarters of the landlord, if the landlord
actually resides in those quarters
So, if you’re renting out rooms in your primary residence, your home, those rooms do not fit under the normal landlord and tenancy legislation. This means you cannot use the RTDRS for evictions, you don’t have the option of 14 day eviction notices and you have to go through the courts and the rules fall, and this part is important…, loosely under the Innkeeper’s Act.
Now, one other important distinction about this is the rooms can’t be a separate suite, they have to be part of the common living space shared with the landlord. If this sounds like your situation, it could be a great thing for you if you are the landlord.
The Innkeepers Act gives the landlord much broader abilities to seize personal property of tenants for non-payment of rent, evict them on the spot and even have the police come by and arrest the tenant. If you are renting rooms out in your home, you need to read this know and understand this Act versus the Residential Tenancy At!
To help you with that, here’s a link to the Act online (the Alberta Innkeepers Act) and here is a link to another post I put together on this (Innkeepers Act Vs Residential Tenancy Act) . Hopefully this helps make your eviction just a bit easier and clarifies where you stand with the Alberta Eviction process.
Room Leases Versus Rental Leases
Now, one other area I need to address with your rental is if you don’t fit under the Alberta Residential Tenancies Act, you do not want to use a standard residential lease! Using a standard lease may obligate you to fall under the same rules as the Residential Tenancies Act laws as you can fall into additional laws under contract law which can cause you more headaches.
Rather you’ll want to look at a different type of lease or rental agreement designed specifically for roommates or room rentals and customized for your unique situation. Fortunately I’ve put together a package that explains what you need and how to use them.
You can find more information about them and/or purchase them here, Leases for Renting Rooms
Innkeepers Act Updates
**Update July 2012**
In the last six months I have been getting more comments and emails from landlords renting out rooms informing me the police are becoming less and less helpful with landlords operating under the Innkeeper’s Act. The Residential Tenancy Act and the Innkeepers Act fall under Civil Law which the police do not enforce. The Innkeeper’s Act does have a clause allowing police to remove guests from an Inn causing disturbances.
The issue is the police are not enforcing this as it is a “gray area”. Bottom line is it’s leaving landlords out in the lurch. Depending on where you are in the province, and which officer arrives you could end up with varying answers depending on their previous experience. Some will help, others will not, so currently (and sadly) you may not get the same results we wee seeing a couple years ago.
**Update February 2014**
It really seems to be more of a case by case scenario and how well informed the landlord is about the rules versus how much the tenant understands the rules. There also seems to be complications about leases and how they affect the status of where tenants and landlords fit in this scenario.
I’ve actually put together a package of leases and basic plus advanced information on renting out rooms in your home that may be helpful and help many landlords avoid future problems. If it’s something that would be of interest, here is a link, Room Rental Lease Packages
As I learn more and get more feedback I will update this post.
**Update March 2017**
It’s become more apparent that the grey area of room rentals is being left for landlords to work through in the courtroom rather than with the assistance of the police. There is still plenty of assistance available from them in the situation of violent or out of control tenants, but with issues such as unpaid rent or simple arguments it’s more likely the landlord may end up needing to book a court hearing.
This makes the importance even more of using a solid room rental lease to back you up as any resolution, even in court, may be determined by what is in the signed contract used as a lease.
If your room rental lease stipulates it is in accordance to the Residential Tenancy Act, you may find yourself forced to abide by the rules within that Act, if you stipulate you follow the Innkeepers Act, it may be more beneficial to you.
If you have an extremely thorough lease without reference to any Act’s but rather covering potential issues like late rent or violation of the property rules you may have a much better legal basis for any hearings.
Just remember, the rules within your lease can and will often be superseded by other rules or laws already in place. ie, if the situation is deemed to fall under the Innkeepers Act, any rules or timelines listed in the Act take precedence over rules in your contract, even if signed by both parties.
Bill
Hi, I am not sure if my issue falls under the Innkeepers Act. There was a homeless man living in his car with his pets. My husband offered him the use of our motorhome for what was left of the summer in 2022. Then when he was still with us when it turned colder, we rearranged our basement so that he could stay in the room down there. They agreed $150 a month in the motorhome and $350 a month in the house. We do not have any written agreement. He does not pay the rent in full or on time, but I keep a running total and give him the updated sheet each time he gives me money.
He doesn’t agree with the outstanding amount, he says it isn’t possible because in October he gave me $600, which didn’t clear his debt. Now he says he is going to the RCMP and have them come straighten me out. I told him that I would appreciate that so they can see the damage to our property from him and his pets. But I know they won’t come out because it is a civil matter.
My husband wants him gone. Can we go by the Innkeepers Act and have him leave right away? Or do we give him a written eviction notice?
Hi Judi,
You’ve kind of cornered yourself by not creating any written agreements. You should also be documenting any and all issues, such as late rent, damages etc by sending him written notice of the challenge. An issue that often crops up is someone not making a fuss about late payments (or a least nothing written down indicating it’s a problem) until it’s a real problem. By this time he precedent is set and the counter is it was never a problem before.
Since he’s living in your property, you’re closer to the Innkeeper’s Act, but at the same time you also haven’t followed any of the rules establishing yourself as an “Inn”. This is where the paperwork comes into play and it can be argued under a contract. the RCMP won’t get involved unless there is violence or potential harm to someone at this point so your best option may be to give him a deadline to be out with the warning locks will be changed on X day. I’d also let him know if he’s gone by that day or before you won’t go after him for anything outstanding or any damages, no that you will likely collect anything anyway if he’s homeless. If he doesn’t vacate, it gets a little trickier and depending on the police you may have grounds for pushing for trespassing or worst case end up in an actual court hearing to get him removed.
This is one of those classic examples where we try to help people, we do it out of niceness and to be compassionate and it backfires. Even if you are helping a friend, and especially if it’s a friend, you need paperwork that forms a basis of the agreement going forward.
Bill
Hello, I am currently renting a room out to someone and we had given them their two weeks notice (month to month lease)
She had decided to leave today and leave her bed and night stand behind until she can come back for it. When I asked for the keys back there was a stink put up and tried saying I was taking her access from her belongings. Which I had said she could come and get the rest of her belongings when she wanted to just to let me know.
My keys were not given back and was told that because she paid till the end of the month she had a right to come and go as she pleases. Even though she had removed absolutely all of her belongings other than the bed and night stand.
Do I have the right to take my keys back and allow her to come pick up the remaining of her things when works for her but to just let me know when that will be?
She didn’t give back my keys and I’m not comfortable with her having access to my home when she decided to leave before the end of the month
Hi Emma,
Dependent on what is laid out in the lease you’re in a gray area. Does it state you can provide a 2 week notice? What specifications are included to dictate a termination? Lots of the specifics about room rentals fit under contract law, so what does your contract state?
If she’s paid until the end of the month, the lease hasn’t really ended, even though you provided a termination notice. In fact it may require a court order to enforce it. Granted you fall under Innkeepers versus residential tenancy, but there is crossover and often it comes down to the lease/contract in place. I’d suggest offering a refund for half the month and changing your locks.
B
Hi I have this room I’ve been renting out the lease was to end in August of 2023. I gave him notice of eviction stating that he had to leave by October 31. He wasn’t able to find a place so i gave him 1 more month so he could find a new place to live. hes being difficult and won’t look for a new place to live. Now I’m thinking he wont leave. I need the room because my wife is pregnant with our new baby. I dont see him leaving by the end of the month what can I do to get the court order started so i can get a bailiff to force him out of the property.
Hi Miguel, a lot of this comes down to the lease/contract you have in place. Does it state any termination information? Does it indicate you can provide a two week notice or a month notice to terminate? You could advise him of a deadline date and that th elocks will be changed but having the additional information in your lease males this much easier and enforceable.
B
I am the only one on the lease, and I pay full rent on time every month. I have a verbal agreement with my friend (and as of recently his new girlfriend) that they pay half. I have not seen a dime in compensation since they’ve been here (he’s lived with me since December 2022 and she’s been here since July 2023). I’ve helped them out a lot, and yet they are screwing me over. They smoke inside sometimes and have never paid me, and I want to evict them. I told them today I want them gone in 2 weeks, and they told me no. I believe this falls under the innkeepers act since there is no written agreement, but I want to do it right. If I give them a written notice to vacate in 14 days, is it legally binding if it’s just a hand written notice on a sheet from a book? What are my options here.
Hi Jessy, you kind of fit in no mans land here because all you have is a verbal agreement. The onus would be on you to prove you both agreed to it. If you can prove they are supposed to pay, and aren’t you could move forward with an eviction, but you would have to go through the courts to accomplish that as you fit closer under the Innkeeper’s Act than the RTA, although without leases and paperwork again it’s very gray.
Personally I would treat them as guests and tell them since you haven’t paid anything, we apparently have no agreement and you have overstayed your welcome you have until next Weekend to move out or I will have the locks changed and any re-entry would potentially fit under the threshold of trespassing. This opens up other issues, especially if they can prove they actually live there versus just staying there.
Bill
Hi there, I have an issue with a guest staying at my house. She was to stay for a month until she found her own housing, while I was away in camp. Two weeks into my month hitch, she became and issue via: racking my utility bills up, being confrontational with my room mate, leaving windows and doors unlocked, not maintaining the house and causing damage. I had asked her via text to be out of my house by the end of the month. I ended up staying an extra week at work (gone 45 days) when I came home she had unpacked her belongings and basically moved in.
When I confronted her about this, she said there was a tenants agreement, ( forged) which she admitted via text. I then asked her to leave, which she refused. I wrote her and email explaining that she is a guest, and that she is to be out of my residence by the 25th of august.
She has yet to pack anything and has become so confrontational and verbally abusive that my roomie and I do not feel safe.
I called the non emergency RCMP line, which they claimed I had to give her and follow the proper eviction notices and procedures.
This woman, I have found out is an opioid addict, who has irrational uncontrollable mood swings and I have recently learnt has a past of assault charges.
How do I remove this person from my property without causing harm to my 19 year old room mate, my animals and myself?
Hi Suntanna,
If she’s causing damages and threatening other residents you may be able to simply lock her out, ie change the locks, and if the police become involved show evidence of threats, the damage and your concerns and either that you fall under the innkeepers act or explain she’s an uninvited guest that wouldn’t leave and for your safety you have changed locks. You have a myriad of problems currently, you don’t actually have a lease, she’s not actually paying, she’s unstable and you already have damages with no idea how she may react moving forward so it could depend on how the police wish to deal with it if they are called. With a lack of actual paperwork outlying the situation and no money exchanging hands you could lock her out and inform her she can take you to court to try and obtain access after you’ve locked her out, but this all gets into some very gray areas.
There are rules and laws to protect tenants, but the challenge at this point is whether she is a tenant or a guest who won’t leave.
Bill
I currently have a tenant residing with me who rents a room, but she is struggling with a mental illness. I’ve already provided her with a two-week notice to vacate. However, she is reluctant to leave the premises. Unfortunately, I can’t locate our lease agreement. When I reached out to the police for assistance, they advised me to contact the landlord and tenant services, but I was informed that I don’t meet the qualifications for their program due to our shared living arrangement. I’m at a loss for how to proceed in this situation.
As your rental situation fits under the Innkeepers Act versus the Residential Tenancies Act it does create a challenge for you. Typically the fallback is the lease which is supposed to outline the rules and particulars for dealing with scenarios like this. Without a lease it gets extremely challenging and problematic removing someone. Not that it can’t be done, it just needs to be heavily documented that they are causing issues and disrupting individuals or damaging the property enough it could be construed grounds for removal.
Bottom line without your lease you have to have solid evidence proving your reason for evicting them. Ideally you also had an application form with contact information for friends or relatives that you could use ot get them up to speed with what is going on and to possibly assist you.
Without more details that is all I have for a starting point for you.
Bill
Hi i currently lease a house and i have a remter on the occupant list . I am primary lease holder . Im having issues with my roomate refusing to keep her room from being a biohazard . Her room has thousands of fruitflies and garbage bags in it . She claimes its her cloths and refuses to wash and put them away. She refuses to get furniture for her room uses crates for tables and leaves food to rot in the room. I have new constrution happening to replace the windows amd i was embarassed when i went in her room and it was completly just gross. Whats the warning process and eviction? My landlady feels my concern amd is writing an insoection letter . She is on aish and has some bad limbs. But completly refuses for me to hire a cleaner or maid and refuses all help. Im ready to have her move out and i nedd advice how to do so properly . Thanks.
Hi James, if I read this correctly the tenant is on the main lease as well, and not subletting from you as a room rental. If that’s the case, it’s the landlords issue.
By that, I mean the landlord has to evict both of you and start over. He can then re-rent to you. Make sure you and the landlord document everything and hopefully the landlord has some maintaining the property clauses within the lease and that the tenant also signed the lease. Without that it’s a bit more challenging, but not impossible, just have to make sure warnings and documentation all back up the issue.
B
My name is Peter
I recently moved in with a lady friend and was paying $750 for a room
After 6 months she notified me by email as I was on holidays in Vancouver that she had changed all the locks to the house and that my personal effects were packed and placed both outside and in and that I no longer was welcome to go back. Arrangements were made so that upon my return, I could move out. After going through my personal items I found several things missing. Her reply was that she gave some items to goodwill and the other items she wasn’t aware of the whereabouts
What are my legal avenues to recoup my things
Hi Peter,
Sorry to hear about your situation. Your typical recourse in these situations is going to be throught he courts. The challenges are verifying everything.
Fortunately for you it sounds like you have an email string to back up some of this, was there also a lease of any kind? Or was it verbal? Verbal makes it more of a chellenge unless you have soem form of paper trail showing how everythign was set up.
Finally verifying the missing items becomes a bit of a rabbit hole as well.
Ultimately depending on the value of the items and the reality of whether you will actually even get paid by her for them may determine whether to bother proceeding. You could end up with a judgment against her, but collecting is an issue.
B
Hi there I have a question. At the beginning of December I signed a month-to-month agreement under supposedly the innkeepers act of Alberta with a gentleman that I thought was the owner of the house. It turns out that the person I signed the agreement with actually was not the owner but was indeed subletting all the rooms in the house and does not live in the house. The actual owner is now trying to evict the supposed to landlord( the gentleman I signed an agreement with) because that person has not paid the owner the actual rent due. The actual owner is wanting to do a new agreement after a court date on the 13th of January with all the individuals in the house. My question is who should I pay January rent to? Since the gentleman I signed the agreement with under the innkeepers ACT doesn’t live in the house does that void that agreement?
Tough question Steve.
Here’s your challenge, the current acting landlord likely has your security deposit. If you don’t pay him, you won’t get it back very likely. If you do pay him and he gets evicted, you also won’t get it back most likely and you’ll potential be out the rent as well.
The actual homeowner/landlord who is evicting the tenant will be making the rules come January 13th, so you may need to negotiate with them to find out where this sits. Your best case may be to pay the actual owner, in trust, to be held until the hearing at which point if the owner loses, the pretend landlord gets the money, if the pretend landlord loses the real owner gets the money.
If it was me, I’d make sure I negotiated with the current actual owner versus the pretend owner as it would take at least a month for the fake landlord to actually get a hearing in which case the previous hearing would have already been finalized…
Bill
Hello,
I am having an issue with my current landlord, who happens to be my uncles new girlfriend. I am renting one room and share bathroom/kitchen/living area. There is no signed agreement, but I have paid the $700 rent on time every month. I just moved to Alberta from Saskatchewan, and I am in a long distance relationship. Sometimes, my partner will stay over for 2 nights while visiting, and we are mostly out and about throughout the day when he does visit. Lately it has all blown up in my face, since a week ago the landlord started complaining about menial things such as
– A light being left on accidentally maybe once or twice (I really have no idea when or which light was left on)
-My window being open a crack sometimes during the day. The landlord has entered my private space to close the window or to check on whatever she feels like checking on. She walks around the outside of the house daily to look at my bedroom window, whether I’m home or not.
-The bathroom needed to be cleaned and she told me it was “fucking disgusting” – But it was not grotesque or unusable, no stains or smells – the toilet and tub just needed to be wiped down like every bathroom will need once every week or two. And I always wipe down the sink and counter after every use.
-accused me of leaving dishes in the sink for 4 days at a time. This is untrue as I always rinse my dishes after every use and put them in the dishwasher. At the most, I will let a few dishes soak over night and clean it when I am home from work. I think she unloaded the dishwasher once and is upset about it.
-Accuses me of using too much power / gas and watches the settings and timing of the dryer when it’s in use. In reality I am at work during the week days and I travel back to Saskatchewan often on the weekend – so I’m not sure how my rent doesn’t account for utilities being used. I don’t watch TV and I don’t turn on the air conditioning. I keep to my room, the kitchen, and bathroom when I am home. I do laundry once every 2 weeks.
-Accuses me or my guests of eating all her food,when in reality I have never witnessed that nor do I eat her food. I buy all my own groceries, cook my own supper and when occasional guests are over I either cook for them or they purchase fast food. When I asked what food she is talking about, she accused me of eating her eggs. The only plausible grounds is that maybe her eggs were on my side of the fridge and I mistook them for my own. In any case, I put my eggs on her side of the fridge to settle that issue.
-I have a male best friend who works on music with me, he lives in Sask. Occasionally he will travel to Alberta and pop by to help work on music (we don’t play loud instruments or sing, our work has mostly been producing on the computer in my room with headphones on). He also helped repair my car so that I could travel back to SK instead of him coming to my home. She has issues with this now even though at the beginning she was aware I may have to work on music at times. She accuses him of running of the utilities even though he doesn’t use the kitchen or shower, he stays in my room to work when we are together. And even so, I pay rent, and if she has issues why not ask to charge more to cover costs? I would rather pay extra $ for freedom to have guests over occasionally.
The only guests I’ve ever had over are my partner and my music partner. I’ve never had dinner parties, or any kind of party, and have never damaged any property or been loud/obnoxious at any time. I keep to my private space only. I am a young professional working in a corporate office 4-5 days of the week. The house is always emaculate, if you entered the premises at any time there would not be any sign of somebody making a mess but she seems to find little things. I’ve had to walk on eggshells lately and I don’t feel comfortable in any space within the premises anymore, including my own room. I’ve been avoiding returning home for the past week. Recently, my boyfriend drove me back to Alberta from Saskatchewan and stayed the night in my room. I asked him to come help me pack my belongings to move and to also help clean the house. I had to leave for work in the morning and I instructed him to stay in my bedroom until the landlord left or until I got home. Well, the landlord decided to enter my private space to close my window on a sunny day and found my partner in there and flipped out. He has been over before and she never made a complaint to me verbally or written about the matter. Subsequently, she got my uncle to call me and threatened to call the police on me and also told me to leave “as soon as possible.” I already have a new apartment secured for the beginning of next month, so it doesn’t really matter. I have decided to sleep in my car for the next two weeks until I get keys to my apartment to avoid anymore issues and accusations. I am afraid that she will try to keep my $625 damage deposit for unnecessary cleaning costs or to cover the supposed increased power bills. I do have a text from her about 2 weeks ago stating she would give my deposit back after a walk through. Would I be able to fight it if she decides to hold it? From an outsiders perspective, can you tell me if I am being unreasonable as a tenant? Maybe I am too used to living in my own apartments where guests are allowed in and out with my permission, or living with relaxed roommates / students who understand.
Hi X,
It sounds like you’ve made a good decision getting out of there, now it will just be damage control. You can definitely fight any withholding of your deposit, just make sure you document everything so you can immediately move forward. Due to the room rental situation you have to take this through the courts.
It doesn’t sound like you’re being unreasonable although perhaps you weren’t entirely upfront about your boyfriend staying over so it could look sneaky to the landlord. At the same time, they are being unreasonable as well which suggests there is something else afoot.
Whether it’s jealousy, simply too much time there or something else there definitely seems to be more to this than the landlord just blowing up.
Either way big picture you are moving on, it’s just the backend followup that may be a pain, so you need to decide if the fight will be worth it for $625. I’d suggest once all your stuff is out and the place is cleaned up you thoroughly photograph everything and/or video it, make sure she is aware you have plenty of evidence showing it was clean and that you are willing to go to court if she withholds and see where it goes. She might get bluffed by it, or she may feel it will be up to you to fight to get it.
Hope that helps,
Bill
Hello
So I just need some advice.
I moved into a room just a few weeks ago. I realized it was going to be problems from the day I was moving in. The landlady refused to let the movers in before I signed the lease. This caused me evendors more money. She then saI’d my stuff was too much so I had to put some in storage on that day…cost me even more money because she waited until the ynpacked everything from the truck. Then then had to put back some stuff to take to storage. She agreed to have my table and chairs stay there due to her not having a set of her own. She had a few chairs that she sold within a few days if me being there to make tmroom for my set. However one food if my table was broken from the moving so it was not able to fit. Her and myself tried together to fix it. She then said you can go to ikea to get loner screws to fix it.anyhow I work 6 days a week sometimes overnight. So I have not spent much time there due to my work schedule.
Anyhow, when I saw her add on kijiji it stated females prefers so I contacted her and went to loo at the place the same day. We had a long chat and she stated the reason why she had females prefers it was due to kijiji pulling her add for being sexist. She informed me she doesn’t want make tenants so I said good because I don’t want to live I a rooming house with males. She stated she too doesn’t want it. However a week after I moved in I was on my way out the doors when a male came to the door she said oh I was just about to come tell you that someone is coming over. I was under the impression it was just a visitor. This was not the case because hours later I came back and realized someone was in the room next to me. I the more I notice a male leaving out the entrance door. I texted her to inquire. She stated yes he did move in because she felt sorry for him and that he was clean and will not be a problem. I said I don’t want to live in a rooming house with males she stated well if you had come back early enough we could have discussed that. I’m not a child I don’t need to come in early. Anyhow I told her I’m not living with a dude and that she lied about not wanting aby males living there. I’m not comfortable with that I explained to her. I don’t like sharing especially washroom with males *my preference) she said well you can use my wash room which is way In the basement.. she then said think about it but it’s up to you if you want to move. I recorded our conversation where she admitted to saying she did lie in the add just so it could stay up. She stared saying she was hoping to become friends with me because I’m easy to talk to. I was not looking for any friends. I decide to leave and she did she will put up the room for rent then when it’s rented she will give me back my deposit and the remainder if my rent that I over paid her for moving in on the 15th. Anyhow some days pasted and she decided to finally give me a copy of the lease. Along with a note stating that I’m responsible for rent for the duration of my signed lease because she has made every effort to accommodate me. This is after she had said to me she will give me all my money back. She then stated she was not the one who forfeited the lease so I’m responsible. Anyhow I did say I will stay out the time of my rent then I will leave. This is when everything went down hill. She started filling me around the house. If I come out of my room to go in the kitchen for anything she finds a reason to come down too. If I’m coming or going through the door she finds a reason to come to the door once I left early in the morning and she open the door to ask me if I’m coming back. I was shocked she’s treating me as if I’m her child. One night I was praying and had some gospel music on not loud because YouTube doesn’t go loud on my tv. She stated banging on my door. ..I didn’t answer she started call in me I didn’t answet my phone. She then texted me saying I need to turn TV down. I didn’t respond because it was not loud and everyone was up at that time. She banged again so after I finished praying I opened the door. She said turn the music down. Which I did even though it wasn’t loud. The following day I had my girl friend come by for me to do her hair. We stayed in my room. The land lady kept pacing up and down the stsirs as if to listen to what we were saying. I paid it no attention. We keft to bring her home then i came back to watch a mivie then went to bed The bext day while i was leaving for work she stopped me at the door to ask me when was i going to move my junk and that i only rent a room and i must move my junk or else she will remove it at my own expense. I said why dont you give me back my money so i can move and did I not day I would move it once u get someone to help me. She said that was not her business and I should move my junk. I said stop calling my stuff junk. She continued to say it’s junk so I said your dirty house is junk. She responded by saying im going to sue you for the rest of my money . I proceeded to leave . She jumped from her seat pulled back the door as if she wanted to fight me. I pulled my keys from the door and walked away she kept shouting im gonna sue you for the rest of my money. Later in the day I was going through my text to screen shot one of her message only to see other texts from her the night before saying I’m playing loud music and i should turn down my music or she will call the police. I didnt see any message so the tv was left at the same level for hours. No police was at my door. I was watching tv as i always did i wasnt listening to any music. There was another nessage saying that im not allowed to have visitors over as stated in my lease (none in the lease) and that I violated my lease. I responded to the text by saying I have all rights to have visitors over and the lease state’s that my guess cannot disturb others which was not the case. I responded to the text to explain this to her. She responded by saying any stranger that comes to her house is an intruder.
The renter she have is a young fellow who was loud while talking on the phone. I explined to her that he’s loud and he’s next door to me. She said I will talk to him because there’s is the issue of him leaving the water running while he’s in the kitchen. She said she stayed in the living room just to watch his movement around the house.
Pleas ewhat can I do?
Where do I start. She stated to me she had mental issues before. I know she’s going into my room when I’m not around.
Where do I go from here please help.
Wow, extremely long comment…
And at the end I’m not sure what you’re looking for?
If you can clarify what you’re looking for I may be able to help.
Are you looking to get out of the lease, want to have visitors over, want to keep her out of your room, are concerned about being blamed for noise or what specifically?
Bill
I want out of the lease she becoming more aggressive following my guest around asking them who they are following me around the house? She had agreed to gu e me back my money so I could move out ( I have her on voice recording saying that ) then she changed her remind few days before I left. I’m concern that she will get physically agressive with me.
How do I get oit?
Write here a formal notice that this isn’t working, list the reasons why and that she agreed to refund your money and explain when you’ll be out. Make sure you give her as least 30 days or sufficient time to get someone else in (we’re November 3rd now so thirty days would realistically be until end of December as it is supposed to contain a full month) and assist showing the place if it helps gets someone in.
You may not want to do all of this, but if for some reason she still believes she can keep your deposit you’ll have a paper trail and can show how helpful you’ve been which can go a long ways towards helping win a judgment if it ends up in court.
If she gets aggressive call the police and register a complaint as well so it’s on file in case something else happens later.
Bill
Hello there. I have a quick question and I can’t seem to find any information on the topic. I have a tenant renting a room in my house, so I abide by the Inn Keepers Act. Anyways, he says that he’s moving out as of the 23rd, though, he believes that he does not have to give one month of notice. He is currently is on a 30 day period agreement, so to the best of my knowledge, he does need to give me notice. Am I correct, or is he?
Thank you in advance for the response.
Hi Logan,
When it’s not specified in the act, sometimes it defaults to rules set up under the Residential tenancy act, sometimes not. Most importantly will be what it states in your lease as contract law often ends up dictating the rules.
Ultimately though if it’s not anywhere, it often falls to the term. If they rent for a month, they are required to provide a month’s notice.
Worst case you can retain a portion of his deposit, if he gets upset or agitated, bring int he police and then if he wants to fight it he can go through the courts.
Bill
Hi,
I know this site deals more with eviction disputes, which I don’t have, thankfully. There is a dispute with someone, however. Please read on.
We had a couple city inspectors come to inspect the rental suites in our house. When we bought our house the previous owners had made three small suites, each with it’s own kitchen but shared bathroom for the tenants and we all share the laundry facilities. We used the standard Land lord tenant agreement, modified for our particular circumstances (we share utilities with the tenants and a few other specific things). We are currently renting two out of the three rooms.
Back to our inspectors: they called us about inspecting our property because of zoning. They never specifically mentioned what the zoning issue was about. We returned the call but never heard back until they showed up at our house. They told us the expected: we need a separate entrance for the tenants, separate laundry, bathrooms. They left and said they would send us a letter about it. What they sent was a $400 fine with no real explanation. I would have called them on this (as I believe they are supposed to issue a warning letter with what needs improving etc – and an interval of time to plan and/or do the reno) but I feel it is likely a cash cow for the city and they could just issue another ticket at their liberty, especially if they are reminded about our situation.
We subsequently decided to serve our tenants with three months notice (who are great, pay rent on time, quiet and friendly). Until I heard about the Innkeepers Act. My two questions are: Do we have to re-write our contract with the tenants to reflect the change from Landlord/Tenant to Innkeepers? Will doing this help us get out from under the city’s thumb with the fining situation? .
Thanks for your time,
Thom
Hi Thom,
I think the issue here is to may individuals living there that are not related. Zoning with rentals fit under a couple categories. First there is zoning regarding whether a second unit is even allowed, additionally there is zoning saying how many units or residents can be allowed.
Even if you fit under the proper zoning to have a second suite, you may not fit under zoning to have three separate units. You should start by talking to the city, typically via the 311 number, to see if you can determine the specific zoning you fit under.
If 311 can’t help you and you still have your purchase information for your property, the listing should have had a zoning designation on it. Once you figure that out, you can again call the 311 number or go to city hall and try and get it explained to you as to what you can and can not do.
Additionally there are several different areas within the city you can be failing. You’ll want to confirm what section you are falling out of favour with and make sure you are discussing it with the right people.
Bottom line, find out what you are allowed, or what you have to change to get approved. Normal city policy is to not inspect any properties unless they get a complaint, so it is likely one of your neighbours (or a disgruntled tenant) called in to complain instigating the inspection. You might also want to dig into that a bit more, or you will continue to get complaints.
Bill
I’m asking for a friend right now. He is renting from a family friend, and they have an agreement that he is able to sublet. I have been told that because of this he falls under the inkeepers act, as he lives in the house and rents out two rooms.
He has a roommate right now who he has tried to give an eviction notice to, but the roommate threatened to squat in the house for months if it came to an eviction. Because the roommate pays rent to my friend and not To The landlord himself, he never pays on time, doesn’t work, lays around all day eating food in the house that he didn’t pay for and is very verbally abusive to my friend. What kind of things can my friend do to get him out?
Hi,
Your friend can evict him via the courts if he’s concerned about repercussions. It should be a fairly quick process and he won;t be able to squat for months, maybe weeks more accurately, especially if your friend has been documenting everything and has proof of the late payments and issues.
As he is subletting a room it sounds like, the closest rules he fits under would be the Innkeeper’s Ac, but more importantly he fits outside the Residential Tenancy Act.
This means there is far more weight on the lease he has with the tenant. If he intends to rent rooms going forward he’ll want to make sure his leases cover issues like this specifically.
Bill
I own a house and rent two rooms. I have no issues with my female roommate but the male roomie that just moved in Oct 31 well he is starting to be a pain. The interview was great but once he is in, the nightmare begins. The amount of profanity that comes out of this professional is unreal. He is rude, interrupts and sometimes hollers to my hubby for his assistance. I am going to lose it with him with all his actions and he causes us great deal of stress. A couple of days moving in he mentions he used to be part of a gang, then he took drugs and the list goes on. I never know if he is telling the truth or simply BSing this stuff. I want him out but his term is month to month ending either Feb 1 or Mar 1 and he hasn’t told me which one yet. When hubby and I go to bed he is totally paranoid when he is alone. The alarm is constantly turned off and on after he goes for a smoke break which causes noise going up and down the stairs. It gets annoying when you need to get up at 5:30am for work. And sometimes out of the blue he knows we are sleeping and he knocks on our door. Well I am not sure how to get rid of him and I to be honest scared to serve him notice. We tried talking to him and he just can’t take a hint. He changed his number and we weren’t notified so I can’t get a hold of him and mentioned to my hubby that he changes it every 6 months. In this scenario what should I do? I am scared he might put a bullet in both of our heads if we try to kick him out. But if we own this home we can’t protect it?
Hi Worried,
You will want to put everything in writing that you’re having a problem with and address it with him. If you’re scared to give him any notices or address this with him you really only have two choices. Either live with it or move out and get out of the rental business… You have to step up and take control or it will just get worse!!!
You’ll want to address it with him and provide it in writing in case it gets to the point where you do have to evict him via the courts. The written part ends up being part of your evidence.
If you would like a more indepth answer with additional options I’d suggest you consider my consulting option where I can get back to you within 24 hours and usually just a few hours and I’ll be able to explain all your options. You can find the link here, Eviction Consulting.
Bill
Hi
I have a couple questions for you…we own a duplex in Central Ablerta and are renting out two rooms to a family that aew friends of ours. There was no written agreement, only a verbal agreement when they moved in to which everyone agreed. Due to financial circumstances, the couple weren’t able to pay rent and because they were good friends who had fallen on “hard times”, we decided to let it slide and they would catch up on the rent when they could. This situation unfortunately continued for 14 months and they are now in due for $12 000 on back rent. The couple has also argued that they made improvements (ex. laying flooring down) to which we never agreed to, it was just done. Therefore, they refuse to pay the full amount of rent owed. Last month, on August 26th, we gave them an eviction notice based on the fact that we didn’t want roommates and wanted to live by ourselves. The couple agreed but said they weren’t able to provide the back rent. We gave them till September 30 to vacate the premises. Now because we live in the same house, this could fall under the InnKeepers Act, not the RTA? My real question is, if they have not vacated on this date, what sort of rights do we have? Also, if they leave some belongings after the last day, what is our rights to it? Are we able to file a dispute about the rent still owing?
Any insight would be greatly appreciated!
Hi Erin,
Realistically you’ll never collect anything that’s outstanding at this point. And to even have a chance, you’ll need to get a judgment against them. You can only get judgments via a court order or through the RTDRS and while it’s an order for them to pay, collecting can be an issue. At the very least it puts a hit on their credit rating for ten years and until they clear it up, it can impede loans, credit apps and purchases. This is something you’ll need to consider moving forward with them.
If they do vacate on the 30th, unless you know where they move to, it becomes very difficult to get a judgment. So make sure you get a forwarding address. Whether it’s so you can forward mail to them, send them Christmas cards or just to stay in contact, if they disappear judgments become next to impossible.
If they don’t vacate, you can try the police, but more often now if there is no immediate physical issue they defer it to the courts. If the tenants act civilly and respectfully nine out of ten times the police can’t do anything and won’t do anything. Rental laws whether Innkeeper’s Act or Residential Tenancy Act fall under Civil law which is ultimately decided in court.
And court will likely be your next step which can also work to your advantage. Without a written lease breaking down everything it can devolve into a he said she said scenario, so you need to be able to back up everything you’re saying. This might include copies of the original payments, correspondence between you (always important to document tenant conversations) and anything else that assists your position.
It’s during the court process you’ll be able to file for outstanding rent owed as well, but the issue again being proving they owed it without a written and signed lease…
As for leaving items behind, if they are abandoned, you are supposed to retain them for 30 days if the value is above $2,000 and can then liquidate them via auction to recover any outstanding rent. If it’s less than $2,000 you are allowed to dispose of it right away, but either way inventory everything so they can’t come back and accuse you of throwing out something valuable.
Hope that provides some insights.
Bill
Hi Bill,
This site is a great resource! I am hoping to run by my scenario with you to make sure that my thinking is on the right track.
I am currently living in a rental with two other roommates. I moved in a few months ago replacing their old roommate who had moved out. All of my interaction has been with the one roommate whose name is the only one on the lease. I’ve been paying my portion of the rent directly to him and I gave him my damage deposit. Unfortunately, I have not signed anything, though I do have proof through texts and emails that my damage deposit and rent went to the one roommate.
From what I understand, even though the roommate does not own the place, my situation falls under the Innkeepers act. The only information the landlord has about me is that he knows I am living here.
We are currently in the process of moving out and it looks there is a possibility the landlord who owns the unit might take off some money to steam clean the carpets and a few other minor things. I’ve only been here 3 months, so I am confident that I did not directly contribute to any damage. Because I did not complete an inspection report with my roommate when I moved in, is it fair to say that I am owed my full damage deposit back no matter what happens?
Thanks for your help, Bill!
Matt
Hey Matt, thanks and glad you’re finding it a good resource.
Just to clarify, the Innkeeper’s Act doesn’t specifically cover you, but it’s the closest piece of rules that situations like these tend to default to, usually…
From the sounds of it, you are subletting a room from someone else so he in effect is your landlord and due to this the important part to know is you fall outside of the Residential Tenancy Act. When that happens you often fall into a gray area where it can be resolved via a signed contract, which you don’t have, it gets sandwiched in potentially to the Innkeeper’s Act or it has to be decided by a judge in a hearing. Any or a portion of all of these could occur.
Without an earlier inspection report you may have a strong case to file against your “landlord” if he does hold back your deposit, but you would have to file an application for a hearing to determine the facts. Would you win, possibly. Would it take half a day of work time or more, likely. So in this case if it’s $100, it may be worth it to just walk away as time involved and time spent may or may not end up with you getting a judgment which you may or may not ever collect.
You could stand your ground on moral principles and go ahead, but again is it worth the time and money? If it’s $500 you don;t get back that may be a huge difference and may change your decision. And you may be able to mention potentially taking your current landlord to court and they may decide it’s not worth their time for $100.
So ultimately you will be coming out of this much wiser and hopefully will have a new written lease to help answer much of this in your next place, but I can’t tell you exactly how this could play out or what you should do, hopefully it did help a little bit thought with options.
Bill
Hello,
I own a townhouse in Calgary with three bedrooms. I live here full time and rent out the other two rooms (shared, bathroom, kitchen, laundry and living space – one entrance for all). Often I host international students but sometimes just Canadian roommates. I have had 5 years of mostly excellent experiences and have rarely taken a damage deposit nor done up a full contract or leasing agreement – just run on a month to month basis with the request to be given a months warning if the tenant plans on moving out. Right now I have a girl that’s been here for 6 months. Things are going mostly well. When I mentioned that I’d secured another tenant for the third room (male) she went out and put a lock on her door. To this point I have had no locks on any door but the front door (in general I see inviting anyone to live in my home as a relationship that has to work on trust). I was a little taken aback that she had done this without talking to me about it and long before the second tenant moved in (he arrives in September). I do think having a lock is reasonable since there will be a male in the room next door. I asked for a copy of the key. She has refused on the grounds that it seems unreasonable to her that I would need one. She pays $750 for the room and it is her private space. I highlighted that I am responsible for the property and will give her my word that I will not enter her room without following landlord/tenant rules even though they don’t apply – would give 24 hours notice or would text her before going in, in case of emergency. In her six months here I have opened the door to her room twice. Once was about a month in just to take a look at the general state of affairs (i.e. no drug paraphernalia out or pentagram on the floor) and did not enter the room. The other time was during the major hailstorm when I first texted that I was going to go in and shut her bedroom window then did. She feels violated that I looked into her room (without entering) that first month or perhaps doesn’t believe I didn’t enter.
I am now not sure how to proceed. I do not think that I have to be worried about her doing anything illegal or destructive behind her locked door and likely I’ll not need a key. I do think she is standing adamant on this not seeing the other perspective just from youth (20s). I am uncomfortable living with someone who is not willing to bend on this and mistrusts me. Even more so since I have more skin in the game so to speak by being the owner responsible for my property and also in trusting by not having a lock on my bedroom door.
Do you have any thoughts on how I should proceed (other than saying I should always have a written agreement and take a damage deposit from here on in. :)). I want to respect her and treat her fairly so if I am not seeing the situation clearly – please illuminate me.
Kind regards,
MJ
Hi Marnie,
The benefits of having damage deposits and leases are that it clarifies everything when done properly and sets the rule sin place moving forward. When things go well, as they have for you previously, it makes you doubt whether you need it, but when things go bad you immediately appreciate why you have it all in place.
One aspect of this could be rules about locks on doors and I have to tell you by unlocking the door and visually inspecting the room without entering you could be violating the tenants privacy. Under the Residential Tenancy Act it would definitely be considered a violation and in the gray area of th eInnkeeper’s Act without any lease or rule sin place it could quite easily, especially if the tenant felt they have privacy. But that’s not my area of expertise other than to let you know, don’t do that!
I’d suggest moving forward by putting locks on all the room doors to help with privacy issues, make sure you have copies of the keys for emergencies (which could be anything from open windows during rain/hail storms to tenants locking themselves out and you can explain that part to them). I’d also make sure you provide 24 hour notices of any entry to the rooms unless you have a written agreement in place for outstanding situations.
As an example I have agreements with some tenant that they leave rent hidden in their room when they pay cash and are away on rent day. Some find this entirely workable, others not so much and how they react to it is also a way for you to look into how you will deal with them. If you’re trusting them with full access to the house (your skin in the game so to speak), why wouldn’t they trust you with their few possessions in their room (their smaller skin…).
So close to wrap up, yes get a written agreement in place, post specific rules about the property in a common area and take advance precautions os you don’t have future problems going forward.
Hope that helps a bit,
Bill
Hi Bill
We plan to convert our 4 bedroom house in a Lodge/Inn. Basically we want to rent the en-suite rooms out on a day-by-day basis without offering any other meals other than a self help continental breakfast. We want to buy the house next doors and live there while running the Lodge. We are not sure what this will qualify for as per definition. Under which act will it fall? Is there something specific we will have to apply for, other than the local municipality application?
Thanks
Gordon
Hi Gordon,
The specific rules can really vary from municipality to municipality. To be deemed a “lodge”, you may need everything from a special business license to specific zoning for the area. This can entail number of rooms, maximum occupancy, parking and much more.
This may be where you want to start researching. Check with the local city officials to determine where and under what by-laws you fit and what licenses you may need for this venture. Once you go through that it may clarify which Act you fit under.
Renting rooms in a property beside you would default you to the Residential Tenancy act as you don’t reside in the property, but getting the official Inn or Lodge designation could push you instead to the Innkeeper’s Act, so do your homework first and figure out what you can do.
Bill
Good evening,
I have a quick question regarding providing receipt for rent. I rent a room out in my primary residence in Alberta. I was wondering if there is any law or rules that is obligating me as the landlord to provide receipts for rent? thanks
Also, I gave my renter a month notice to move out of my house as my parents were planning to visit me for two months. At the time of move out, the renter did not return my keys. I contacted her multiple times and she said that she is holding the keys till she receives her DD back. I told her that she needs to finish her process of moving out by returning the keys, then I will reimburse her damage deposit. She did not. Eventually I changed the locks and am planning to deduct the cost from her damage deposit. Any advice on this?
Thank you very much for your help.
Hi Lena,
I don’t know of any specific laws or regulations, but for your own records you need some sort of paper trail. If you’re dealing with cash payments you should be providing a written receipt. This provides proof that for both sides of payments and amounts.
If they are paying by e-transfer, the need for a written receipt wouldn’t be as important as both parties have proof of payment and receipt and in the case of cheques, again both parties would have access to paper trails showing deposits and withdrawals.
Now I rarely give receipts for e-transfers or cheques, but on occasion someone requires it in which case I can provide written receipts with cheques, and I’ve provided statements after the fact for e-transfers.Bottom line though, if it takes a few seconds to write it out it probably just makes things easier.
As for the keys, you’re within your rights to charge her for the keys if they’re not returned, but what was your intent with the damage deposit? If you’re holding it for no specific reason, shouldn’t you just be giving it back to her when she returns the keys? Is it a matter of her not being here and wanting to mail the keys back? That wouldn’t be acceptable for me, but if it’s just a matter of exchanging keys for deposit, it should have been easy enough.
Bill
Good Afternoon.
I am renting a basement suit of a house in Alberta, which has a separate entrance from the upstairs living area. Totally furnished and a separate entity from the main floor.
I have a few questions for you.
1) The stairs into my lower suit completely collapsed when walking in.Totally caught me off guard. I was hurt badly and have bodily scar’s from it. Can I with hold my rent?
2) The owner has informed me that he has to replace two bedroom windows because they are not up to code. Can I with hold my rent?
3) I was sitting in my residence and the upstairs neighbor opened the door to my premises snuck down the stairs, he had no permission or reason to enter. Yelled at me then left. I locked my door, 5 mins later he returned and punches and kicks the door, yelling at me not to lock my door. Denting it. I called Police.
I notified the owner that evening and nothing was done. Can the owner of the property kick this person out for harassing me?
Can I with hold my rent?
Thank You For Your Time
Hi Steve,
From the sounds of it, you would fit under the Residential Tenancy Act which has some specific rules about holding back rent. At this point, none of the issues would fit under that category, at least from the info you provided.
However, you my still have recourse. For the stairs, if they collapsed due to negligence on the landlords behalf, you may have a right to sue them, or their insurance company for damages.
For the windows, depending on the duration and the amount of inconvenience you may be able to get put up somewhere by the landlord for a day or two, but this really depends on how much damage or lack of use of your space this involves. If it’s a one day thing, unlikely, if it’s a week long task with three quarters of your space unusable, it’s different. So no simple answer to this.
For the upper tenant issue, the landlord should be taking this seriously. you’ll want to document all of this extensively in case there is any backlash, but if the upper tenant threatened you, they could be issued a 24 hour eviction notice. If they yelled at you (you never went into detail on this about what or why), then it may not be the same type of issue or even evictable.
Bill
Hi,
I rent my Calgary condo out through AirBnB and I an not sure which act would govern the rental. I know it may not fall under the Tenancy act because of the short term (less than 6 month) stays, but it also seems to not fit under this clause as I will not rent to anyone, without proper screening and leases are signed.
(b) “innkeeper” means a person who is by law responsible for
the property of the innkeeper’s guests and includes a
keeper of a hotel, motel, auto court, cabin or other place
or house who holds out that to the extent of the
innkeeper’s available accommodation the innkeeper will
provide lodging to any person who presents himself or
herself as a guest, who appears able and willing to pay a
reasonable sum for the services and facilities offered and
who is in a fit state to be received.
The reason I am asking is because my condo board has deemed this an “enterprise” (hotel) which is forbidden under our condo board by-laws.
Any advice would help,
Mike
Hi Mike,
The big question that pops up is whether you live in the condo and rent out a room, or you are renting out the entire unit. If you live in the property and share common space like the kitchen, living room and bathrooms you exist outside of the RTA and the closest legislation is the Innkeeper’s Act.
If you don’t live there, even if it’s less than six month rental periods it falls under the RTA.
Either way it could be deemed an enterprise or business and the condo board’s bylaws over rule the RTA in most situations. If they have a bee in their bonnet and want you out, you lose. You may want to try and fight it with a lawyer, but you’ll still likely lose. It’s one of the reasons I don’t like condos as rentals.
Bill
Thanks Bill,
I am allowed to rent my unit out as an owner, but I guess my question is where is the distinction drawn on it being an enterprise and not a rental? is it 1 week leases, 1 month leases, 6 month leases? It feels very arbitrary.
I contacted the city and they said that I would not need a business licence for this as renting your (entire) place out, no matter the lease term, is not considered a business.
Your response brings up another question for me. Is it possible for condo by-laws to over-rule an act of government? I know as a rental property owner, nothing I can do would ever supersede the RTA.
Thanks again,
Mike
Hi Mike,
Both whether you are allowed to rent your unit out and the distinction are up to the condo board. Many condo boards have restrictions and/or special rules for rentals. Some cap at 10-15% of total units, some cap # of units available at any time as rentals, some require additional deposits paid directly to the condo association and more (these deposits have to come out of your pocket as under the RTA there is a max deposit the tenant can pay which is the equivalent of one month’s rent).
They are protected under the Condominium Act which can superceed the Residential Tenancy Act in cases where the rental is in breech of the buildings bylaws.
As a landlord you are bound by the RTA, but the condo board is not and if they evict your tenant, you are bound to the condo act rules first, then the RTA. Welcome to the world of condo rentals!
So if they have rules in place about “enterprises” they need to have a vote to change them, if they don’t it gets fuzzy. Depending on the condo rules, the board may be able to vote in new rules or it may require a building vote.
bottom line, if the condo board votes no, it doesn’t matter what the RTA says.
Bill
Hi, I know this is a blog in Alberta but I think the majority of it applies in Ontario with few exceptions. I have a house with 5 bedrooms and they all are on month to month agreement under the innkeepers Act. currently 3 of my tenants have turn the house into a crack hall, they are having fights between them and overcrowding the house with guest and large parties, this of course is bothering my other 2 tenants who are good and have full time jobs. I have give 30 days notice evictions to these 3 bad tenants but because they are leaving in few days, they been destroying the house with fights and smoking inside and such. Every rule has been broken despite the fact of many warnings. They call me at 3,4 5 am to complain about each other. They all pass the ball and now I start having complaints from neighbours. I guess my question is: If they all are leaving and I have to change the locks, clean, re-advertised and perhaps have those rooms empty because I can’t show them in the conditions they are right now. Will I be able to get some money from this tenants? I still have the deposit of 2 of them, who are on Ontario Works and here in Ontario you cannot used the deposit as damages under the RTA you have to use it as last month rent but I don’t know if this applies on IA too or not. These 3 tenants are very aggressive and they can team up on the eviction date and change things around. Any advise will be appreciate it, thanks
Note: This house is located in Niagara Falls, I do not leave with the tenants and they all share bathrooms and kitchen.
Hi Laura,
The rules in Ontario are so entirely different from Alberta I wouldn’t know where you should begin. I’d think the first issue is since you don’t live on the property you are most likely to fit under Ontario’s landlord and tenant rules versus Innkeeper’s act rules, but you’ll need to determine that.
Ontario’s rules are extremely pro-tenant and this can make it extremely hard for landlords to deal with problems, although it’s not impossible. I am fairly certain though that since you have people living off of Social Assistance you won’t have any avenues to collect for any possible damages even with a judgment against them. The rules are pretty consistent about not being able to garnish assistance programs so your priority would be get them out ASAP.
From there you’ll likely want to re-evaluate how you choose tenants and how you place them unless you like repeating this type of event.
Bill
Hi Bill,
I am renting the main floor of a house. Since September, I have been renting one room to someone that replied to a Kijiji ad. He has as shifted his move out date several times, so that I never know when he plans to leave. He recently had a party on the property without letting me know. His friends were belligerent and scared me. I really wanted my room mate to leave after that and asked him to do so. He became argumentative and it’s been very tense. He is leaving at the end of the month but is not paying rent this month, saying that his damage deposit will cover it. I am worried that he has or may cause damage before he leaves, and I feel unsafe in the house as he is a larger male and I’m a smaller female. I’m wondering if it is possible to get him out earlier, how I would go about that, and if I would be required to return his damage deposit. Without the rental income from this month, I am in need of that money to pay my bills.
Thank you for your help,
Rachel
Hi Rachel,
Depending on how aggressive he is, you could be walking into a minefield, but if you ever feel he is getting overly aggressive and threatening you are within your rights to call the police in.
As you’re renting a room out and sharing common space you don’t fit under the Residential Tenancy Act, you fit in that gray space that usually fits under the Innkeeper’s Act. Under that Act the police have the authority to remove tenants causing a disturbance, however if the tenant is playing nice, they tend to refer it to the courts. So you almost have to wait for him to be aggressive.
Alternatively you could file a hearing at the court house, which you may get in a week or two, but then he may become even more aggressive. If you don’t do this you will not likely get the rent money is the only other consideration.
Bill
Rachel, as far as the Police are concerned the Innkeepers Act does not apply as you are not an Inn…A court of law may deem that you are indeed covered under it, but for a police call out..forget that option entirely. And I have spoken to the police before on both sides of the fence, concerning this, and that was their answers both times.
Basically, due to the huge loophole in the law in this province, it is as Bill said, a minefield, and I was told by one judge it could take years to resolve, in my situation all over the meaning of one word.
So what are your options…well, if you feel it is unsafe to live in the same apartment as him, then discuss this with the police, or even with a woman’s group/shelter (they do have their uses at time). If you do not have a set contract with the guy, well, basically he has no rights whatsoever and you could request him to leave at once, and if he refuses to do so, then you could have him charged with trespass.
Have you had a word with the owners of the property as they would certainly have more power on the trespass side than you would. But that is still something to discuss with the police.
Under the trespass act a person may be removed from the premises at once and they are welcome to fight the matter in court, but they have to do so from another place of abode.
Personally I would look further on this front and especially the safety aspect, as whilst I am by no means an expert in that aspect of the law, I do know there are lots of laws covering it, especially to protect women.
As for the damage deposit, well, do you have a contract? If yes, what does it stipulate in this situation. If he is refusing to pay the rent, then you do indeed use that in lieu of payment and if you terminate his lease prematurely, well it is his tough luck and he looses everything..he can of course fight it in court, but AFTER the fact.
I would also suggest visiting the law courts if you can, in the library, they usually have a lawyer on call that might be able to tell you exactly what legal options are open to you.
Hi Bob,
Thanks for the additional info, the only problem being it’s not always consistent. I’m currently consulting with another tenant who is going through a hearing to determine the validity of a suite versus room situation.
In this case even though there is a hearing that has been adjourned for a week while the plaintiff gathers additional information, the landlord called the police and they informed my client she has 24 hours to vacate as it is under the Innkeeper’s act and that is how they are enforcing it.
It’s been an ongoing issue, it’s simply not enforced consistently and part of it is the multiple variables that come into play. sometimes it works, sometimes it doesn’t. Often it’s best to try, but as we both pointed out, because it’s such a minefield, you have to know your options if it doesn’t work and/or consider the consequences if the person being asked to leave is potentially aggressive or unstable.
Bill
hi I have a rental property with 2 renters mat and adam they’re great no problems ever nothing like that. recently they asked if they could sublet off me and rent to two other people being a 4 bedroom house. the new renters have been using drugs and damaging property ie smoking in the house a no no and burning my pool table that was left there for mat are they under the innkeepers act because I am not renting to them mat is subletting to them and he acts as an innkeeper and if so what rights does he have to evict them oh also one of them told mat and adam he’d slit there throat
Hi Ross,
As the primary tenants they are responsible for any damages or issues with the property, you need to make sure they are entirely aware of that. It will be deductions from their security deposit that will go towards any repairs.
In this situation, they are acting as the landlords and due to this they have the right to evict the tenants for any breach of the lease and to also retain deposits to cover repairs. As long as they are sharing common spaces and simply renting out rooms, the closest legislation they fit under is indeed the Innkeeper’s act, but it is not enforced consistently at times as it is civil law versus criminal law and civil law is usually decided in a court.
If the tenants become violent or out of control, your tenants do have the right to have the police come in to remove them, but again this depends on each unique situation. The police will do the best to protect all individuals involved so if the tenants are crazed and violent, they will help remove them, if they are respectful and under control, it falls back to a court hearing to remove them.
At this point all the pressure is on the tenants to deal with them, but the unfortunate blow back is if they don’t and your house is getting damaged, you need to evict everyone!
Bill
Hi Bill.
I have an area in my house that is rented out to two people. In the area there are 2 rooms, a bathroom, and a makeshift kitchen with only a mini fridge, microwave, hot plate, and dining table. The area has a locked door to enter it. We share an entrance, laundry and technically a full legal kitchen, even though they never use it. To my understanding this would be considered to be under the Innkeepers Act.
These persons have not paid rent and are taking advantage of myself and my family. Where in the in keepers act does it say I have the right to evict on the spot?
Hi Alex,
Since they have their own secure “suite”, they could fit under the RTA, it might come down to having a judge determine where exactly you fit as you are in the middle. Even though they do have access to your kitchen, you don’t have direct access to their kitchen. It does get down to semantics and there may be no specific answer, but if you go down one road and it’s wrong, you have to start over.
If you’ve never mentioned this as being under the Innkeeper’s Act to them and your lease makes no mention of it either, you have even less ground to stand on. You may have unintentionally locked yourself in the middle. To make it worse the RTDRS may not even hear the case as it fits in between. You could start by contacting them, explaining the situation and asking whether you can evict the tenants through there and make a decision accordingly.
Bill
I have an ex friend now, who I aloud to stay with me and his cat, we had a verbal agreement, that he would rent my spare room four hundred dollars shared common areas. He’s never been on time paying rent. His cat caused 175 dollars damage to my carpet, his mother told me he moving out, and he’s behind in rent for 430 dollars, while in this time he never helped maintain the premises and ate all our food, owing my boyfriend and I a total of 605 dollars. So I ask him if he was moving like his mom said. He said yes, so I said when we’re u gonna tell me, and what about the damages and rent. He said he would pay it, but he never did anything he Said so why should I believe him. When I made that statement to him he started yelling I feel attacked, so I’m leaving now. He took some of his stuff and cat I said if ur moving out I want my house keys he.refused to.give them for insurance on the rest of his stuff. Where does fall under and can I anything about our money?
Thanks in advance
Hi Kayla,
I doubt you’ll ever be able to collect the money, if he doesn’t have it now, he won’t have it later. You could try small claims court, but again, if he doesn’t have the money even if you win, he won’t pay.
If you’re renting, you need to let the landlord know you need the locks changed as someone else has keys (this will also be at your expense) and then you can try negotiating with him for his stuff and the money owed you, although most likely he has taken anything valuable and will just leave you everything else to escape paying.
If you own the space, you can change the locks on your own and then if he wants to pursue it he can take you to small claims court (unlikely due to a countersuit) or if he tries to break into the property you can call the police for break and enter.
Bill
Hi Bill,
I took a look at your website because I was wondering where does a rental fit if one is renting out a room in their own home and the kitchen and bath were shared. Since you mentioned the Innkeepers Act, I took a look at that. My understanding is that, provided there is available accommodation, an innkeeper must accept “ANY person who presents himself or herself as a guest, who appears able and willing to pay a reasonable sum for the services and facilities offered and who is in a fit state to be received” (emphasis mine). This to me means that you are open for business and can’t be picky about who you rent out to (as long as they are willing to pay and are in a fit state), like your friend or the most “suitable” one if 10 people reply to an ad. I confirmed this with a lawyer as well and he said there are no applicable acts in Alberta for this type of situation. Just because it doesn’t fall under the RTA, doesn’t mean it has to fall under the Innkeepers Act–it would simply fall under contract law. I know you are well-meaning and have provided a lot of helpful information to people, but I just want to advise you of what I found out so that you and others can be appropriately informed. The RTA can provide a framework for drafting agreements, but the arrangement wouldn’t be governed by the RTA. In Edmonton in particular, if there are four or more unrelated persons (when I called the city, they clarified it as four or more families) living in the same house (or self-contained dwelling unit in the house), even if one of them is the owner, then it must be registered as a lodging house and needs a business license (and it must be approved by the city under zoning by-laws, etc.). Under four, it’s simply considered a dwelling (whether house or apartment unit). If it’s an apartment unit in an apartment complex, then four or more in that unit simply isn’t allowed. I believe Calgary has something similar. Of course, if it needs to be registered as a business, then other acts pertaining to running that particular business would now be applicable, including possibly the Innkeepers Act.
Hi Vicki,
Definitely appreciate the input and you have some great points, but what we’re finding happens out there ends up being a little different than the letter of the law sometimes.
Civil Law which the Residential Tenancy Act, the Innkeeper’s Act and many other Act’s are based on are usually started with some base rules and then over time more and more rules and regulations get applied, removed or amended. The basis of law which is debated in the courts is decided by rulings and modified interpretations all the time and while some are black and white others are gray and grayer.
That gap between the RTA and the IA is one of them. What seems to happen with properties where landlords rent out rooms in their homes and have shared space is there is no specific legislation that covers the rental arrangement. So yes you could default to contract law, but they usually look at the laws currently in place and try and pigeon hole it into what is currently out there or most applicable. Which often ends up being the IA.
Now, if you wanted to push this specifically to run under contract law, it could be done as well. You’d start by getting an iron clad contract drafted by a lawyer for $500 to $1,000 (or as iron clad as a document like that could be) and you’d have specific wording about any and all violations and their results.
You’d be able to kick people out on the spot for any of these violations, change locks as well per the contract and if you have a strong knowledge of the law, when the police, who would inevitably show up to determine the rights of the evicted person who called them, confront you, you could have them talk directly to your lawyer.
If the evicted tenant wanted to pursue it further, he could then go to court where you could be represented by your lawyer and several weeks to several months later you would find out who was right and who was wrong. All for less than $2,000 or $3,000 hopefully.
But the reality is people renting a room out in their home aren’t going to spend $500 or $1,000 to get a contract, they don’t have a lawyer handy to go to court for them and spending $2,0000 on a lawyer for a room that rents for $300 to $600 a month seems a little out of control.
Most people don’t even have leases to provide guidelines. This leaves not only the landlords and tenants in a gap, but the police who respond to issues under these situations. That’s where the IA is the closest stop gap. And yes you quoted directly out of the Act with the portion about accepting “ANY” person, but much of the Act was created based on law over 30 years ago when the rules were different.
Many older interpretations of laws simply aren’t enforced or enforced the same way as they were written these days and I know that the Innkeeper’s Act seems to be one of them these days.
Now I’m not privy to every instance and every situation, and it definitely isn’t enforced consistently, but the IA is a stop gap in the market and without anything closer to it, it seems to be the default.
You seemed to go off on a tangent with the more than four unrelated people residing in a property as the majority of the issues that show up here tend to be one or two rooms rented by someone simply trying to cover their expenses or earn a little income. There are many different by-laws/rules that show up in every city and municipality that can be applicable.
Far, far too many to be brought up here.
So ultimately, my response is the Innkeeper’s act still manages to apply to many landlords renting out rooms in Alberta.If it gets to a point where a dispute with a landlord and tenant may not fit under the Act, they then can end up in court to determine where their specific instance fits and that can vary from city to city, from house to house and from situation to situation.
Thanks for your comment
Bill
Actually, I think the reason why police haven’t always been responding that favourably towards landlords who want to operate under the Innkeepers Act is because they don’t think it’s an “inn” as defined in the Act, and they are right, since there is a lease (which is why I talked about the four or more people, since there could be cases where it might be an “inn”). I went to Civil Claims Duty Counsel in Edmonton (and it’s got even more hours in Calgary) and the lawyer advised me that the RTA can provide a good framework for an agreement (and as well the LTAB has samples). This would preclude the need to pay for a lawyer and he said that the CCDC was set up so that the average joe can go to court without needing to pay for counsel for simple civil claims. Yes, one could go to a lawyer for a contract operating solely under contract law, but that’s the same with drafting one under the RTA or the IA, whereas samples are available.
I’m wondering if you’re aware of any cases where the landlord and tenant went to court and the judge applied the Innkeepers Act. Have you gotten any legal advice as to its applicability yourself? I’m just warning that it could be dangerous to try to apply the Innkeepers Act where it’s not applicable (namely, as you stated, most of these cases since they are less than four unrelated people). I think it’s better to be clear on the applicability of an act before a situation arises, rather than hope that a particular act applies just because it might seem MORE applicable than some other act. Take a look at R. v. Lowry (2006 ABPC 209). The innkeeper (of an actual hotel) called the police to remove a guest for bad behaviour and the guest assaulted the police. But because he stayed at the hotel for six or more consecutive months, the RTA applied, not the IA. Therefore, he couldn’t be convicted of assault because the conviction would hinge on him assaulting the police officers WHILE they were lawfully executing their duty, but they weren’t since the guest was now a tenant subject to the RTA and should not have been removed immediately (and he informed the police of this at the time). (As an aside, the innkeeper said the guest was threatening, but they told the police to remove him under the Innkeepers Act for his disruptive behaviour… not sure why they didn’t pursue this under threats, but maybe they were lying, maybe it was a threat to not leave, as opposed to threats of violence.) Anyway, my point is that it can backfire as the police would not want to get involved where they shouldn’t, like if it’s simply disruptive behaviour under the IA when it might not be applicable. But if there is violence or threats of violence, then it doesn’t really matter what act is involved or if no act is involved, you should be able to go to the police for the tenant’s immediate arrest and removal. If it’s disruptive behaviour and you build it into the contract properly, then you can probably say it’s trespass and get them removed if they don’t move out after the notice period. Even without a contract, you could invoke the trespass argument without resorting to the Innkeepers Act. That might be a more appropriate stopgap.
Some very good points there Vicki.
I did actually go to court, in Edmonton, because I believed the RTA applied, the landlord believed it did not, and possibly the Inn Keepers Act applied…we never actually got as far as the judge making a decision as to which act applied, as we came to an agreement before that, but initially the judge did say that this sort of thing could drag on for a couple of years, and was a matter for the Provincial Court. We were in the court dealing almost entirely with property and accommodation..I cannot remember the precise name I am afraid.
As for trespassing, well I looked into this and found that you cannot trespass if you believe you have the right to be there. So if you have a ‘contract’ that states you can be there, but you believe the landlord is illegally/incorrectly trying to revoke it, then that is not trespass. I checked with the police and they said it would be down to the individual officer, but it would be most likely that the tenant would be left as is, and that the matter would have to be dealt with in court.
To finish off with one other item that might be relevant, if a landlord tries to evict you on their own, as soon as they touch your possessions or property, that can be construed as assault, although they could try to invoke a citizen’s arrest upon you, so might be able to get out of the assault charges. But the police would most likely come to the same conclusion as before and you could return to the property. Of course, the landlord could not ‘arrest’ your property as it were.
Even the police advised me to tell the landlord that this is a minefield and the best thing was to ask them to come round, before taking any ‘physical’ actions, as a landlord cannot actually evict anyone on their own anyway.
I was told specifically on three separate occasions, by three different people at the RTDRS, that the IA could NOT apply under any circumstances, whereas they told my landlord that it could! Go figure that one out! Separate legal advice also said the IA could not apply.
So the overall conclusion was, no-one really knew what laws applied or did not apply, and that it would be a matter for a judge to decide, and then, even the judge did not seem to know!
Hi Bob, And Vicki,
It all does get into a gray area and it seems there is no definite answer. The important thing is for the most part in truly bad situations the police tend to use their discretion as to which way it can go. So while there is no guarantee, it still is the closest legislation available.
Bill
My boyfriend rents rooms in his house but without a contract or need of damage deposit since he’s never had a problem with tenants for years until now. After years of renting we encountered the worst tenant he’s ever had, loud, rude, filthy and ignorant towards us. The tenant moved out at the end of April and left behind empty boxes, holes in walls from moving furniture, broken heat vents and a couple shirts. When he left he was still in possession of the house key. After multiple emails and texts asking for the key back he finally returned it on May 7th. My boyfriend is now really upset and wants to sue the old tenant for the months rent that he kept the key, along with damages. I’m bothered by it because to me he doesn’t have a solid case but he won’t let it go.
Hi Abby,
He’s been rather luck they, hasn’t he. Just one bad tenant helps you realize why you need deposits and leases to protect yourself. Currently, with the tighter rental market, the number of poor tenants has increased exponentially as they have fewer places to go, so it’s more important than ever to be protected.
He could try suing the guy, he may even win, but he has to serve the tenant in person, he has to prepare all the paperwork and then when he does win, he gets a judgment which the tenant may not ever pay, especially if he is a deadbeat. It will affect his credit for ten years, and can be renewed for another ten years, but if he’s renting rooms, he probably won’t be that concerned.
Time for your boyfriend to forget about this one and let it go, the extra stress won’t be worth it and it can be chalked up to an educational lesson.
Bill
Hi…
I am renting space out in my home to someone and we share common areas (kitchen and laundry). Therefore, under the Innkeeper’s act, I’ve asked the tenant 3 times to clean their area…and its bad! Garbage, dirty laundry, dishes that have sat unwashed for days and I’m sick of it. The flooring had just been re-done and I’ve recently seen spills that weren’t wiped up!
Now I’ve given ultimatum clean or get out. My question is if I evict mid-month, can I keep remainder of months rent to go towards what it will cost to clean and bring everything up to condition it was when they moved in?
Hi Jax,
First you need to apply any damage deposit to damages, then if there is any additional rent left you may be able to apply it. You’ll just need to document and be able to verify costs and ensure they are reasonable.
If it’s damage to the common area, it gets trickier as you need to prove that the tenant was responsible and it wasn’t another tenant.
Bill
Hi,
I own a house and live upstairs.
I rent a suite out in the basement to a fellow.
I want to evict him.
We have a shared laundry space.. but he has his own washroom and kitchen.
Can I leverage the Innkeeper act? Or do I have to go under the RTA??
Thanks,
Hi Gordie,
Since the unit is a separate living facility than the space you live in, it would definitely fall under the RTA.
Bill
I have no lease agreement and my landlord lives with me. She just gave me 24 hours notice to move out because I refused to share my room with a stranger. Can she do this?
Hi Ben,
You most likely have a verbal agreement in place and although it may not cover sharing your room with a stranger it would be implied. Also, she really requires a valid reason to evict you. Having said that, she could still potentially evict you and you could then fight it in court and quite possibly win, but in the meantime you would be out of the property living somewhere else, and not really wanting to go back.
It doesn’t sound like the right place for you to be anyway if she is pulling this type of nonsense. I would suggest negotiating with her telling her you can leave, but you need a bit more time or if she does plan on evicting you, you will fight her in court. She may give you some extra time in order to just make you go away.
Bill
Thanks Bill, but can she forcibly remove me if I do not leave? Does she not need a court order to evict me?
Hi Ben,
It sounds like you are just renting a room which puts you under the Innkeeper’s Act and that leaves you a bit open. Unlike a regular rental she doesn’t need a court order, but you do have the option of suing her after the fact. That’s why it’s better to get a little more time now and get the heck out of there.
Bill
Would you be able to help clarify what the term ‘resides’ actually means please.
The owner of the house I live in, keeps a bedroom in the basement, but in the first 3 months I was here, did not occupy it at all, and at the time of commencement of my lease, did not notify me that he would be living here. In fact I even went around to his girlfriend’s house where he has been living for the last few months, if not years.
Now he has just moved in and the LTAB tells me that I may actually be entitled to abatement of rent for this, but that is another matter. I am just trying to see if the RTA or Innkeeper’s act is applicable.
The RTDRS first told me the RTA act, then they told the Landlord the Innkeepers Act, and on my second call they said a judge would need to decide!
I realise this is a very tricky situation and I also believe it is down to a judge as well, but any advice you may be able to give would be most appreciated.
Hi Bob,
Just to clarify, this is in Alberta, correct? I’m not familiar with the LTAB abbreviation. In Alberta, you also don’t find much in the way of abatement of rent, especially in a situation simply regarding where the landlord lives.
The challenge you have here in Alberta is where his principal residence is. If his mail is delivered to the property you are in, it would be his primary residence. This would be similar to someone who lives away for several months in the winter and then returns for the rest of the year. If it is indeed his primary residence, then you fall under the Innkeeper’s Act in Alberta.
It may end up being for a judge to decide, but depending on the circumstances, most likely it won’t end in your favour. If he is evicting you under the Innkeeper’s Act, you basically have to get out, then appeal through the courts and if you win, you can go back. But why would you? Obviously he doesn’t want you there so the situation would be uncomfortable. Once you’re thee, there are other options for him to make the stay less desirable as well. From rent increases to not renewing leases, eventually you will be out anyway.
And if you don’t win, then you’ve fought for no reason. It’s just cost you time and money. These are just my thoughts.
Bill
Thanks Bill, and yes it is Alberta, Edmonton in fact…the LTAB is the Landlord and Tenants Advisory Board run by the City of Edmonton.
That is the issue I am finding, the meaning of the word “reside”.
I realise I asked you for help, may I also you what you are basing your statement upon please. I only ask as even the RTRDB has given three completely different answers:
i) Has to physically live under the roof.
ii) Pays his taxes from here.
iii) Only a judge can decide.
I have also found the definition to be that only if he uses the bathroom and kitchen, although I cannot remember exactly which organisation said that one.
As I said, thank you very much for your response, I am just trying to clarify the situation.
Thanks
Bob
Hi Bob,
Aahh, I haven’t bumped into the LTAB in recent years as I am based out of Calgary.
I’m basing principal residence off of a few things, technically it is his main residence. If he has the mortgage there and it has always been his main residence, it still counts as his main residence. The taxes, doesn’t really count as I have multiple properties and pay taxes on all of them, but have only one primary residence.
If he is living at another property part time, thee may be a statute for how long he is away before it no longer counts as a primary residence. I don’t know of a specific statute or ruling where that would end, but many snowbirds are in Florida for six months and then come back for the summers. Here would still be their primary residence. Part of this has to do with laws in the US about visitors from out of the country, so if they stayed nine months in a different country, would it still be their primary residence? Not quite sure.
I understand how this is entirely different than my example, but unless you could prove he had moved in to the other property permanently you might have a a tough argument for either side.
It may well come down to hearing arguments from both sides in a court to determine the specifics and that could go to appeal numerous times before a definitive answer comes up, the bottom line comes down to how this affects you.
Bill
Thank you very much for that Bill.
It does get very frustrating when you are told different things by different people, and even different judges 🙂
As far as I know he has not physically lived under the roof here for at least one and a half years so I will use that as part of my arguement.
Once again, thanks for the advice. Most appreciated.
Bob
I know this may be a little late. But I was thinking that because the landlord didn’t say anything about moving back in and Bob has seen the landlord at his girlfriend’s place, then Bob has made the reasonable assumption that the living quarters would now be a self-contained dwelling unit, and the landlord ought to have known that Bob would make this assumption and yet kept his intentions from him. As far as I know, under the RTA, a landlord can end a tenancy with 3 months’ notice, if he intends to move back in. But it was 3 months into the tenancy that the landlord moved back in and didn’t tell Bob at the beginning. This could mean that the RTA applies and that the landlord is in contravention of it.
Never to late to add input Vicki!
There’s probably too many intangibles at this point to make any valid decision other than what a judge decrees and even that could be potentially appealed. Some of it may fall to what the lease stated, some of it could come down to how much actual time the landlord does spend there and how well each side presents their information.
Unfortunately many of the rules are so wide open for interpretation (or abuse) that they could go either way.
Bill
Hello there, I don’t know if this line of questioning is still open but I thought I would try anyways.
The act states that a person can be evicted based on disturbances created. What happens if there is a non payment of rent situation. The act does not seem to directly address that type of an issue.
Thanks!
Hi Anne-Marie,
The line is always open, sometimes it is just a slow line!
I’m guessing you are referring to an Innkeeper’s situation, non-payment definitely is covered, as a service is being provided, but it’s not specifically addressed in the Act and usually when they get evicted for non-payment it also causes a disturbance.
The Innkeeper’s Act is really designed to protect hotels and motels and we all know what happens if you don’t pay your bill there, out you go.
Hope that helps,
Bill
Hi. My girlfriend and I rent a three bedroom house and have a current legal signed lease with our landlords. We decided to have a friend move in to help her out since shes moved to town and looking for a place of her own. She gave us $700 to stay for the month. Rules weren’t followed and now we want her out. Do we fall under the innkeepers act?
PS: our landlords know about whats going on as well and have said they dont mind who we have visit as long as the house is taken care of and rent is paid which both are. Thank you.
Hi Brian,
Since you’re renting out the room in your space, you are acting as the landlord and thus would fall under the Innkeeper’s Act. You can use this for some leverage and would likely win. The bonus of going under the Innkeeper’s Act is you could change the locks and if she doesn’t agree she would have to contest it via small claims court. She may try the RTDRS or the courts and they may see it slightly different so just make sure you document everything along the way.
I’d suggest you use the leverage of locking her out to get her out quicker rather than something drastic like just changing the locks. Give her a deadline, explain why you fall under the Innkeeper’s Act, give her a copy if you feel it necessary and then take action as necessary.
good luck,
Bill
Hi Bill,
I am wondering if I am falling into the innkeeper act. I am purchasing a house that is currently a rental property. Once I take possession it will become my primary residence. Part of the purchase agreement I am to take over the lease of the basement renter. The basement is a fully renovated suite that almost meets required code for a rental unit.
I am thinking I might have to evict the basement renter due to her pets and the smell that has built up in the basement. It’s almost to the point that I believe it might be a health concern. The basement suite is very clean but the smell is really bad.
Hi Doug,
Since the unit in question here is self contained you fall under the Residential Tenancy Act. If you shared a kitchen and living room as a common living space then you would fall under the Innkeeper’s Act.
You might have a tricky situation trying to evict based on the pet smell. Since you are purchasing the property with the tenant, you are held by the terms of the lease the original landlord provided. If she has the right to have pets and you were aware of the smells when you bought the property it could be argued it was acceptable.
You might need to discuss with the tenant the smell situation and provide a follow up written notice of the conversation for your records. Then if nothing changes you will have a little more solid grounds to get the tenant out.
Regards,
Bill
i have a problem tenant who i’ve given 14 days notice to for nonpayment of portion of rent for dec. vod movies he’s rented and smoking on premises when told not to. plus a few other issues. now that i know this falls under innkeeper act, if i choose to kick him out early, do i have to pay him back any portion of dec rent?
Hi Terry,
If you are renting to him on a monthly basis and he breached the agreement, you shouldn’t have any issues keeping the rent if you would prefer. However, it might be wise to give him a portion back (minus any extra costs you incurred to re-advertise and clean up) if it helps him move faster and with less hassles. You can use it as leverage to make the move out faster or provide the ultimatum of him not receiving anything if he makes this difficult.
Just my quick disclaimer, I’m not a lawyer, so it is simply my interpretation of how the laws and the Acts work and cannot constitute legal advise.
Regards,
Bill
Hi Bill
I could use your input in these situation. I own my place and have a tennant who is an international student. In March the rent was late. In April, the cheque was given on time but it bounced.I asked her to pay in cash. Please note that last year had at least 3 monthsof late rents accompanied with excuses.
We have a month to month agreement which either of us can terminate with 30 days notice. I gave her notice around April 24. At the end of April, she was hospitalised and she is still in hospital. I spoke to her about the rent and she seemed offended that I would bring up the issue of rent while she’s in hospital. She said she’d pay me when she’s out except no one knows when that will be. She has 3 relatives living close by (one right next door) and I don’t see
why she isn’t arranging for one of them to help her out as far as paying rent is concerned. She asked if she could stay one more month and I told her no – I am planning on renting the house and I’m away in late July – Early august so I need to get cracking on showings, cleanings etc. Also in the light of the recent late rent payments and uncertainties (i.e. May rent is unpaid, she hasn’t delegated the handling of her affairs, I don’t know how long she’ll be in hospital, for her sickness seems to be a valid reason to put off paying rent until she’s well) I wouldn’t be inclined to let her stay even if I wasn’t moving. If she had been the kind
of tenant who had always paid on time, I would have been more than willing to give her a couple more weeks at least, but there have been excuses in the past and I’m sure there will be more in the future if I let her stay (actually she did mention that the emergency crew misplaced her stuff so she doesn’t have her bank card which means she can’t transfer money….)
I have gone out of my way to print out available rental properties in the neighbourhood and gave them to her relative. I would also be willing to point
them to charitable organizations which can help if need be. However, I would like to obtain the rent payment and ensure she moves out by the end of the month. What do you suggest? Am I being mean on requesting a hospitalized tenant to move?
Hi Lo,
I can definitely understand your concerns, it’s nice to help out good tenants when you can, because they deserve help if they are trying. In this case it doesn’t sound like the tenant is even trying. Bottom line you have to look out for yourself and your property, you are not a charity and you are not in business to take a loss. It also sounds like you have gone above and beyond with your help, especially to the point of providing her with local ads! If I were you, I would stick to my guns, perhaps help her contact her relatives to allow them to help pack, but see what you can do to get her on her way before June.
Bill
Finally, somewhere where I have seen some potential answers! I too have a unique problem in that my wife and I bought this house. Family growing, we bought another house and she suggested that her father (my father-in-law) move in and pay monthly rent. He’s good for it. Meanwhile, several years later, she kicked me out of the “family home” saying she wants a divorce! (No infidelity, other than she wants more out of life- manage to have my name taken off all joint accts!). I go back with my clothes to the first house, into the basement for the night. Next day, I was only able to get a bed,sheet,pillow and towel. She has a completely overly furnished 2000 sq’ home. I now for the past 2 years have lived in my first house basement, (with shower\toilet\sink)…fits a bed, desk & computer, small tv , in about 108 sq ft. I share my new fridge\stove\washer\dryer with the in-law. Main floor has 2 bedrooms and bathroom (he comes to shower in bathroom dwn), living\dining\kitchen all about 1000 sq ft. Utilities have always be in my name and I have paid all but the 3 mos.he paid. Shared accommodations right? He has NEVER PAID a dime, and he DOES NOT PAY NOW, but he gives his daughter money! I have asked him to leave. He tells me that he has his DAUGHTER’s PERMISSION TO STAY and that he’s NOT GOING ANYWHERE!
Is there any way I can get him out under this Inn Keeper’s Act? Thanks.
Thanks for coming by Deen, sorry to hear about your troubles. I guess the big question is, who’s name is on title on the property you live in? If your name is on title, then it should fall under the Innkeeper’s Act. Are you still married? Or have you officially divorced? Once the title is completely in your name it shouldn’t be a problem, if it is under both your names, it may be a bit of an issue.
I haven’t seen this specific issue before. but you may be running into the actual ownership issue here and the potential backlash if you kick the dad out. This may not only require a call to the Landlord Tenant people, but also a call to your lawyer to ensure this doesn’t affect any current or potential divorce settlement you may have in place.
Good luck,
Bill
Hi,
I am trying to determine whether my rental situation comes under the Alberta Innkeepers’ Act or not. I just spoke to the Landlord Tenant Board, and they have assured me that I do not come under their jurisdiction because I share living quarters, i.e. the kitchen, with my roommate.
Does that automatically mean my situation falls under the Innkeepers’ Act or is there other legislation I should be researching?
I have a problem tenant and every time I speak to the police I get a different response. One told me that I cannot evict my tenant under the Innkeepers’ Act because he has a lease, but I could have his guests removed as ‘unwanted guests’.
The officers who responded to my noise complaint told me that he is entitled to have guests and, as long as they kept the noise down, I could not have them removed.
Any assistance helping to clarify this for me would be greatly appreciated.
Alice
Hi Alice,
This seems to be a common problem, no one wants to take ownership and meanwhile the landlord gets stuck between two systems.I’ve read both of the Act’s very thoroughly and the important part that applies here is under the Residential Tenancy Act Section 2, subsection 2 section c where it says “This Act does not apply to rooms in the living quarters of the landlord if the landlords actually resides in those quarters”.
As they told you when you called, you do not fit under the Residential Tenancy Act because of this. The Innkeeper’s Act by the definition of the Act includes this, and I have taken this directly from the act,
Definitions
1
In this Act,
(a) “inn” means a place of which the innkeeper is the keeper;
(b) “innkeeper” means a person who is by law responsible for the property of the innkeeper’s guests and includes a keeper of a hotel, motel, auto court, cabin or other place or house who holds out that to the extent of the innkeeper’s available accommodation the innkeeper will provide lodging to any person who presents himself or herself as a guest, who appears able and willing to pay a reasonable sum for the services and facilities offered and who is in a fit state to be received;
No where does it state anything about leases or that there are any exclusions. So you definitely fall in the Innkeeper’s Act which puts you back in complete control. Obviously things are not working out with your roommate, so at this point you have a couple options. next time the tenant breaches the “lease” and causes a disturbance you can give him the option of leaving immediately, or you will call the police under the Innkeeper’s Act and then go through with it. If the police are needed, they can enforce the law as per the Act, you just have to explain how you have done your research and know your rights. If you put up a solid front they will help you out. This just leaves you waiting for it to happen again.
Perhaps a better solution is to explain the the individual that it isn’t working and they need to move out as soon as possible. This will leave the door open for them to drag it out, but set a date they must be out on and let them know there is no exception. Explain to the tenant that the Residential Tenancy Act doesn’t apply and the normal lease notices are not applicable. Also explain you understand your rights under the Innkeeper’s Act and if they are not gone by the date set you will have them arrested for trespassing, potentially for causing a disturbance and have them removed anyway, just at much more expense to them. If you do go this route follow up with a signed letter with the date they are to be out (and the time), that you do not fall under Residential Tenancy Laws and that you will use the full force of the Act you do fall under to enforce your rights. Don’t bother going into details mentioned above, just with the basic facts.
This will normally be enough to show you mean business and are not fooling around, as an extra benefit it also provides you with evidence you asked them to leave if it ever becomes necessary. Ultimately it’s your property and you need to be safe and happy within it. Hopefully this helps you along and I would love to hear how this works out. This is very similar advice that I also provided to another visitor to the site and she went from being stuck caught in the middle with no end in sight to having the problem tenant leave the property in a couple of days.
For the future, I will be working on putting together a guide to pre-screening and screening potential tenants to help landlords avoid getting stuck with problem tenants. It can never be 100% effective, but it will include information that can save landlords just like you from potentially getting caught in the same situation again later. If you sign up on the right side near the top, you will get notified when it is available. Hopefully it’s as soon as February!
Thanks for leaving a question and good luck,
Bill