It’s important to know the rules before signing to be a tenant
Clauses in lease agreements can cover everything from behaviour to overnight visitors and even the use of candles
The Alberta Residential Tenancies Act provides protection and guidelines for both landlords and tenants in Alberta.
If a senior is living in an independent living senior community, then they would be under the standard Residential Tenancies Act, says Cathy Hume, president of the Calgary Seniors Housing Forum Society.
Hume goes on to say, “If you are living in a seniors’ assisted living or long-term care community, there might be different clauses around termination notices, code of conduct and behaviour, health status, meal plans, overnight visitors and other aspects of community living.
“Before signing any documents, ensure that you completely understand all the clauses around your lease agreement.”
Senior living rental agreements have clauses that may come as a surprise to new renters, such as restrictions on the use of candles or Magic Bags in their buildings or barbecues for safety reasons.
Or, residents might be required to register an overnight guest before they can come and stay. Tenants should be sure they understand all aspects of the community where they are living before they sign up. They should ask questions and be sure to continue to ask for clarity if they aren’t sure, says Hume.
There are many common things that people can overlook in their lease agreements because not all lease agreements are the same.
“Lease agreements do vary for people and the landlord and tenant can agree to any terms they want (as long as they are not illegal or go against the Residential Tenancies Act), says Judy Feng, staff lawyer and project manager at the Centre for Public Legal Education Alberta (CPLEA). “It’s important to understand what your particular lease says AND the Residential Tenancies Act.”
With the rise of urban redevelopment and condo creation, many Alberta seniors have been faced with issues surrounding eviction. Renoviction, as the practice is being called, is when seniors are notified that their apartment building has been sold to a new owner and is being turned into condos or when owners want the senior(s) out so they can renovate and raise the rental rates.
“If a senior has been notified that their building has been sold for the purposes of a condo conversion or they are facing a renovation situation, they should first check on the type of lease that they have — do they have a periodic or fixed-term tenancy?” says Feng.
“This is an important distinction to make because the Residential Tenancies Act allows for a landlord to end a periodic tenancy for specific reasons — for example, for a conversion to a condominium or if there are major renovations of the property.
“Seniors who think they are in a renoviction-type situation or are facing a tenancy problem should get legal advice,” Feng adds. “There are community legal clinics and student legal clinics in Alberta that can offer free legal support to people as long as they meet their eligibility criteria.”
There are many resources available in Alberta for seniors who need help in understanding their rights as a tenant, says Feng.
A good place to look to understand their basic tenancy rights in Alberta is CPLEA’S Laws for Landlords and Tenants website (landlordandtenant.org). Seniors looking for legal advice in Calgary can also contact their nearest local legal clinic (cplea.ca/legalhelp/), or reach out to Calgary Legal Guidance and Student Legal Assistance.
For those without access to a computer, seniors can refer to the Government of Alberta’s consumer contact line (1-877-427-4088) for general information about landlord and tenant topics.
This topic and many more will be covered at the Calgary Seniors Housing Forum Society’s free presentation — Understanding Housing Choices — on Friday, April 12, beginning at 9:30 a.m. at the Acadia Recreation Complex’s Rose Banquet Hall (240 90th Ave. S.E.).
Housing information booths and seniors resource groups are available to attendees and local housing experts will discuss all seniors housing choices in Calgary. To register, email: cshfevents@ gmail.com or call 587-777-6117. Limited seating is available, so please register quickly.