Tenancy relationships in Alberta are governed by the Residential Tenancies Act (RTA). However, the Condominium Property Act (CPA) has some provisions that address tenancies in condominium units, which will prevail in cases of conflict with the RTA.

The CPA has two main provisions that affect the tenancy relationship:

• An owner of a rented condo unit has some responsibilities to the condominium corporation.
• A condo corporation can initiate termination of a tenancy. This means that, in certain circumstances, the condo corporation can end a tenancy even if the landlord and tenant would like it to continue.

Responsibilities to the condo corporation
Before renting a unit, an owner must provide written notice to the condo corporation, setting out the owner’s address for service of documents related to the rental of the unit and stating the amount of rent to be charged for the unit. In addition, the owner is required to provide the condo corporation with the name of the tenant within 20 days of commencement of the tenancy. The owner must also notify the condo corporation when the unit is no longer rented.

Much like a landlord can collect a damage deposit from a tenant, the condo corporation is entitled to collect a damage deposit from the landlord of a rented unit. The deposit may be used for the repair or replacement of the real and personal property of the condo corporation or of the common property – damage within the rented unit is the landlord’s responsibility and would (hopefully) be covered by the tenant’s damage deposit. The deposit the condo corporation can collect from the landlord is limited to a maximum of one month’s rent charged for the unit. Once the owner gives notice to the condo corporation of the end of the tenancy, the corporation has 20 days to return any unused portion of the deposit and must account for any portion of the deposit that was used.

Terminating the tenancy
If a tenant contravenes a bylaw or causes damage to a condominium’s common property, the corporation can require the tenant to give up possession of the unit so long as it gives the tenant notice. Once notice has been given, the tenant is required to vacate the unit by the last day of the following month. So, for example, if notice is served in June, the tenant must be out by July 31. Not only is the tenant required to leave, the tenancy automatically terminates at the end of the following month.

If a tenant fails to vacate the rented unit in time, either the condo corporation or landlord may apply for a court order requiring the tenant to leave. The tenant must be given three days’ notice of the application. The applicant is required to show the tenant was given notice to give up possession, and state the reasons for giving the notice as well as any reasons the tenant has given for failing to vacate the unit. While only the condo corporation can give notice to vacate, either the landlord or condo corporation can make the application requiring the tenant to leave.

Much like the situation under the RTA, the CPA allows for an expedited eviction process where the tenant has caused excessive damage to a condominium’s common property, or is a danger to or is intimidating other residents of the condominium complex. In these circumstances, the condo corporation can apply for a court order requiring the tenant to give up possession on a specified date – the tenant does not get until the end of the next month to vacate. Both the tenant and landlord must be served with notice of the application at least three days before it is scheduled to take place.

Kevin Haldane is an articling student at Ogilvie LLP in Edmonton.