shared accommodation

Your lease is expiring in one week and you have already given notice to your landlord that you are moving out. You think that everything looks clean but you are just not sure whether you should stay up until 2:00 a.m. to scrub the place down before you leave. You may also be wondering whether your landlord can make deductions from your security deposit and charge you for cleaning …so, what are the rules for cleaning and security deposit deductions anyway?

First of all, a landlord cannot make any deductions from a security deposit for damages resulting from normal wear and tear of the premises. Normal wear and tear means the declining condition of the rental premises that occurs over time, even though the tenant has been regularly cleaning and maintaining the premises. For example, having mild scratches on a kitchen work surface is probably normal wear and tear. On the other hand, having food and dirt on your walls, cupboards and appliances is damage beyond normal wear and tear.

FAQ: What can a tenant do if the landlord does not provide the security deposit?

Secondly, a landlord can make deductions from a security deposit if there are damages beyond normal wear and tear on the premises (assuming that the landlord did a proper move-in and move-out inspection). For example, a landlord could make deductions from your security deposit to cover the costs of cleaning up food and dirt on your walls, but not for mild scratches on the kitchen work surface.

One common dispute between landlords and tenants is carpet cleaning. If you left obvious stains and dirt on the carpet while living there, then it could be considered damages beyond normal wear and tear and the landlord could deduct carpet cleaning costs from your security deposit. However, if you left the carpet clean with only signs of normal wear and tear, then the landlord could not charge you for cleaning it.

..a landlord can make deductions from a security deposit if there are damages beyond normal wear and tear on the premises (assuming that the landlord did a proper move-in and move-out inspection). In order to avoid difficulties when it comes to cleaning and security deposit deductions when you move out, here are some tips:

You have an obligation under the law to keep the premises in a reasonably clean condition. It would be prudent for you as a tenant to regularly clean and maintain your rental premises.
Clarify expectations with your landlord in writing about what will be required in terms of cleaning when you move out. It is a good idea to do this when you first move in or well ahead of moving out.
If you have a pet, it is a good idea to take extra precautions in cleaning the property. For example, if you have a dog, make sure that you clean up any fur, excrement and dirt tracked into the premises. Be prepared for any security deposit deductions when you move out as you may have to pay for professional carpet cleaning of any obvious dirt and stains caused by your dog.
If you need extra time to clean before moving out, talk to your landlord and see if you can make an agreement to a different move out time. Any agreement should be in writing.
Keep any photographic and video evidence of what the premises looked like when you moved in and moved out, in addition to the inspection reports. If you ever have a dispute with your landlord over security deposit deductions, the evidence and reports will be helpful.

FAQ: If two tenants rent an apartment together and one of them moves out, does the landlord need to return half of the security deposit?

Keep in mind that there are also other situations where the landlord can make deductions from a security deposit. For example, a landlord can keep money from a security deposit when:

you owe money for rent.
you damage the property (and the landlord completes proper inspection reports). For example, if you punched a hole in the wall, then your landlord can keep money from your security deposit to fix it.
you owe the landlord money for utilities or fees.

FAQ: Can a landlord deduct carpet cleaning or painting expenses from the security deposit?If your security deposit does not cover all of the damages beyond normal wear and tear, a landlord can go to the Residential Tenancies Dispute Resolution Service or court to recover extra money from you. It will ultimately be up to the dispute resolution officer or judge to decide whether you should pay for the damages.

To learn more about security deposits and how you can get your security deposit back, you can view our following resources:

Laws for Landlords and Tenants in Alberta, Security Deposits – http://www.landlordandtenant.org/security-deposits/

Getting Your Security Deposit Back – http://www.lawnow.org/getting-your-security-deposit-back/

Stuff I Wish I’d Known Yesterday – http://www.cplea.ca/stuff-i-wish-id-known-yesterday

Even More Stuff I Wish I’d Known Yesterday – http://www.cplea.ca/even-more-stuff-i-wish-id-known-yesterday

For more information on general landlord and tenant law matters:

Laws for Landlords and Tenants in Alberta, http://www.landlordandtenant.org/

This column was produced with the generous support of the Alberta Real Estate Foundation.

Here at CPLEA, we have been getting more questions lately about shared accommodation problems. There are two living arrangements that typically fall under the term shared accommodation: roommates living together in a rental property and a landlord and tenant(s) sharing living space (for example, a kitchen, bathroom or living room). We regularly receive questions about the following issues:

I share a house with my landlord but I can’t stand living with him/her anymore! How do I break my lease?
I’m renting out a room in my home to a tenant and he/she is not paying rent! What can I do?
My roommate is constantly throwing crazy parties at our place. Can I evict him/her?

Unfortunately, tenants living in a shared accommodation situation fall into a grey area of the law. Let me explain.

FAQ – If two tenants rent an apartment together and one of them moves out, does the landlord need to return half of the security deposit?

In Alberta, the Residential Tenancies Act (RTA) applies to most landlords and tenants in Alberta. Under the RTA, landlords and tenants have certain rights and responsibilities (http://www.landlordandtenant.org/responsibilities/). The RTA also outlines the basic rules for things like security deposits, evictions, and ending leases. Under the RTA, landlords and tenants can turn to the Residential Tenancy Dispute Resolution Service (RTDRS) when they have a problem (http://www.landlordandtenant.org/dispute-resolution/).

However, the RTA does not apply to shared accommodation situations where the landlord and tenant are living together. For example, under the RTA, if a landlord serves an eviction order to a tenant for non-payment of rent, the landlord must give the tenant at least 14-day written notice. On the other hand, if a tenant is living with their landlord and did not pay rent, the landlord does not have a legal obligation under the RTA to give 14-day notice. That said, it is good practice for the landlord to provide reasonable written notice to evict a tenant in a shared accommodation situation.

If a dispute arises in a shared accommodation situation, the first step should be to communicate concerns to the other side and to try to reach a resolution.The RTA also does not cover issues that arise between roommates. For example, there is no legislated eviction procedure through which one roommate could evict the other. For some more examples of other problems that may arise in shared accommodation situations, you should check out our “Living with your Landlord” article (http://www.lawnow.org/living-with-your-landlord/).

There is a common impression that the Innkeepers Act applies to a shared accommodation situation. The Innkeepers Act only applies to hotels, motels, and other places that provide lodging to guests (for example, a bed and breakfast). The Innkeepers Act does not apply to tenants renting a room in a landlord’s home – unless the landlord meets all of the rules under the Act (for example, posting liability signs in the office and in every bedroom).

Since landlords and tenants living in shared accommodation are not covered by the RTA, they do not have the option of resolving their dispute through RTDRS. So, what can you do as a tenant living in shared accommodation if you are having problems with your landlord or other roommates?

You can minimize disputes in the first place by having a written agreement outlining rights and responsibilities with your landlord (see our Sample Living with Your Landlord Agreement ) or with your roommate (see our Sample Roommate Agreement). For more information, go to our website: http://www.landlordandtenant.org/roommates-and-subletting/.

If a dispute arises in a shared accommodation situation, the first step should be to communicate concerns to the other side and to try to reach a resolution. It is a good idea to write down your concerns and give it to the other side in writing in case there are problems in the future. If an agreement is reached to resolve a dispute, make sure it is in writing and signed by everyone.

If you cannot resolve a dispute, then you may wish to go to mediation or Provincial Court.

Mediation is an informal, confidential, and private process that helps people work out their problems and come to a solution with the help of a neutral third party (the mediator).

Provincial Court is available for tenants to apply for a remedy of up to $50,000. You must fill out certain forms, file them, and serve them on the other side. The other side then has a chance to respond, and a trial date will be set. Sometimes the Court will schedule a mediation session with a mediator or a pre-trial conference with a judge so that you can have a chance to reach a resolution before trial.

While mediation and Provincial Court do not require a lawyer, you should consider seeking legal advice before proceeding with either option.

For more information on dispute resolution, go to our website: http://www.landlordandtenant.org/dispute-resolution/

For more information on where to get legal advice, go to our website: http://www.landlordandtenant.org/resources/

For more information on Mediation or Provincial Court:

Mediation: https://albertacourts.ca/resolution-and-court-administration-serv/mediation-programs

Provincial Court: https://albertacourts.ca/provincial-court/civil-small-claims-court

This column was produced with the generous support of the Alberta Real Estate Foundation.

Tenant Move-Outs: Cleaning and Security Deposit Deductions

To learn more about security deposits and how you can get your security deposit back, you can view our following resources:

For more information on general landlord and tenant law matters:

Shared Accommodation Problems: What Can A Tenant Do?

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