Renting out your condo in Alberta

Can the corporation stop you renting?

Service Alberta says the Condominium Property Act does not allow a condominium corporation to make bylaws that prevent owners from renting their units. The Act says no bylaw operates to prohibit or restrict the lease of a unit, and no bylaw sanction may have that effect. (CPA s. 32(5), s. 35(6); Service Alberta, Condominium unit rentals)

Before the tenant moves in

Before renting, the owner must give the corporation written notice of the intention to rent, stating an address where the owner can be served and the rent to be charged. The unit may not be rented until this notice is given. (CPA s. 53(1))

After the tenancy starts, and when it ends

Within 20 days after the tenancy starts, the owner gives the corporation the tenant's name in writing; within 20 days after the unit stops being rented, written notice of that. (CPA s. 53(5)-(6))

The corporation's deposit

The corporation may require the owner, not the tenant, to keep a deposit with it for damage to common property caused by anyone in the rented unit. The most it can be is $1,000 or one month's rent, whichever is greater. It is returned, or accounted for, within 20 days after the owner says the unit is no longer rented. No interest is prescribed. (CPA s. 53(3)-(4), (7)-(8); Condominium Property Regulation s. 74.2-74.3)

Government guidance says the owner cannot make the tenant pay the corporation's deposit or use the tenant's security deposit for it; the tenant's deposit must stay in trust under the RTA. (alberta.ca Rights and responsibilities; RTA ss. 43-44) The tenant's own deposit follows the security deposit rules.

Your tenant and the bylaws

Tenants and anyone else in the unit are bound by the bylaws, whatever the lease says, and must not damage common property. The corporation can serve a tenant notice to leave for damage beyond normal wear or a bylaw contravention, ending the tenancy on the last day of the following month despite the RTA or the lease. (CPA s. 32(2), s. 53(2), s. 54) Give your tenant a copy of the bylaws and make them part of the tenancy agreement.

If the owner is behind on condo contributions, the corporation can require the tenant to pay the rent to the corporation instead; the tenant is treated as having paid the owner. (CPA s. 39.2(4)-(5))

Before you buy a condo to rent

Read the building as well as the unit: what to check in the condo documents, and fees and units for sale building by building.

Rather hand it to someone?

I offer two landlord services in Calgary, Airdrie, Chestermere, Cochrane and Okotoks, through KO Realty.

• Full management: screening, rent collection, inspections and the tenancy paperwork, for 8–10% of rent collected.
• Tenant placement only: I find, screen and sign the tenant for 50–75% of one month's rent, once, and you manage from there.

Every fee is published up front.