Seniors’ Housing Series Renting Out A Room In Your Home

2y ago
16 Views
3 Downloads
1.87 MB
8 Pages
Last View : 1m ago
Last Download : 2m ago
Upload by : Lucca Devoe
Transcription

Seniors’ Housing SeriesRenting Out a Roomin Your HomeIf you are a homeowner and are thinking aboutrenting out a spare room in your home, youshould become familiar with the laws thatrelate to this living arrangement. While the ideaof saving money by renting out a room in yourhouse may be appealing, there are some risksYou should not rely on thisbooklet for legal advice. Itprovides general informationon Alberta law only.Centre for PublicLegal EducationAlberta800, 10050 112 stEdmonton, AB T5K 2J1Phone: .caassociated with being a landlord. This bookletwill help you understand the laws that relate tothis living situation.

What laws in Alberta relate to renting out a roomin my house?What are some advantages and disadvantages ofrenting out a room in my home?ADVANTAGESDISADVANTAGESYou can use the rent moneyto offset expenses such asyour mortgage paymentsand utility bills.You may need to adapt yourlifestyle to accommodateyour tenant.If you currently live byyourself, having someonearound may help you feelless alone or isolated.There is a risk you may notget along with your newtenant, even if you werefriends before your livingagreement.A tenant can help withdifficult household duties (ifyou add this to your leaseand your tenant agrees).A tenant may affect yourhome insurance premiums.Having someone aroundmay help you feel more safeand secure, and if you leaveyour home to go on holidayssomeone will be aroundto help avoid things likepotential break-ins, waterleaks, and other problems.Rental income could impactyour eligibility for federal andprovincial social assistance.Depending on your situation, there are various laws that mayapply to you and your renter. These laws cover issues such aspublic health, human rights, contract law, and local municipalbylaws. For more information on these laws see the ‘RelevantAlberta Laws’ section at the end of this booklet.If I rent out a room in my house, am I protected bythe Residential Tenancies Act (RTA)?No. If you are going to rent out a room in your house tosomeone and still share some living space (such as a kitchenand/or a bathroom,) you are NOT covered by the ResidentialTenancies Act (RTA). This means that the rental agreementmade between you and your tenant will be the only thinggoverning any rights or obligations during the tenancy.In other words, neither you nor your tenant is protected bywhat is set out in the RTA. However, the RTA is a veryimportant law to review before you agree to have a tenant.First, it identifies most of the issues, obligations, and remediesthat landlords and tenants commonly face. Second, manytenants will be familiar with it and have expectations aboutthe terms to be included in the agreement.What do I need to know about the RTA?In Alberta, the RTA is the main law that outlines the rightsand responsibilities of landlords and tenants.Because the RTA is designed specifically for landlords andtenants in Alberta, it can provide helpful guidelines for theterms of your rental agreement.Some of the issues that the RTA covers include: security deposits; types of tenancy agreements; notice periods to terminate a tenancy; inspections; landlord and tenant obligations; and minimum standards of conduct for landlords and tenants.2

What are some things that should be included inthe rental agreement?Should I have a written rental agreement?Yes. While a verbal agreement is legal, a written contract willprovide a record of the terms the parties agree to. In cases ofdisagreements, the agreements made in an oral contract aremuch harder to prove.In addition to issues covered in the previous question, yourrental agreement should include all of the following points: the names of both you and your tenant and their contactinformation; the address of your home; the amount of the rent; the date the tenancy is to start and when it will end; when the rent is due, how it’s paid, and to whom it’s paid; the amount of the security deposit; any additional fees (late fees, pet fees, key fees, etc); if the tenant is responsible for paying a portion of theutilities (gas, electric, water, cable, internet, and trashcollection); who is responsible for any additional maintenance(cutting grass, shoveling snow); other conditions that apply to use of the property (suchas smoking or non-smoking, or rules for common areas); what a security deposit covers (for example: keys only,keys and damage, damage only, damage by pets only); details of how the tenancy may be ended including noticeperiods; and what is included in the property that is rented? (forexample, does the rent include a parking stall or storagein your house?).The written rental agreement or lease should contain all of thepromises that you and your tenant have made each other, andshould not contain anything that contradicts what you haveboth agreed to and discussed.Can I write my own rental agreement?Yes you can, but there are many things to consider before youproceed. A rental agreement (often referred to as a ‘lease’) isone of the most important documents a landlord uses. Tohelp avoid legal problems, it is a good idea to start by getting acopy of a standard rental agreement from your local landlordand tenant advisory board or apartment association.Standard rental agreements DO NOT cover many of theissues that you will need to consider if you rent a room inyour home. Are there time constraints on when the tenant can useother parts of the house? When can your tenant have guests over? Will your tenant pay for their own groceries? Will your tenant use your telephone? Will the tenant use your computer or Internet? How will cleaning duties for the shared spaces in thehouse be handled? Are there any areas in your home that your tenant cannotenter? Does the rent include use of the yard, laundry facilities,or garage?Once you have considered all of the issues and have workedthem into the rental agreement that you plan to use, have itreviewed and approved by a qualified lawyer. While this maycost you more money in the short term, a detailed and legalrental agreement may help save you time and money in thefuture.Where can I get a standard rental agreement orother forms?Both the Edmonton Apartment Association and the CalgaryResidential Rental Association sell landlord forms. Some ofthese forms include: application to rent; rental agreements (leases); move in and out inspections; and notices and statement of accountsIn addition, your local Landlord and Tenant Advisory Boardmay have forms. For more information on Landlord andTenant Advisory Boards, see the ‘Glossary’ at the end of thisbooklet.3

I want to be sure that my tenant can afford therent. What personal information can I requestfrom a potential tenant?In Alberta, the Personal Information Protection Act (PIPA)outlines what you can and cannot reasonably ask yourpotential tenant.According to the Office of the Information and PrivacyCommissioner of Alberta*: “A landlord may request only the information necessaryto make a decision about whether or not to rent propertyto the tenancy applicant.Sometimes this includesreasonable proof that a tenant is capable of paying rent,or references from another landlord. A landlord wouldalso need information in order to contact the tenant togive his or her decision about the application.” “A landlord can request more detailed informationbeyond this, but the tenant may refuse if it is notreasonable for the rental transaction. The landlord mustalso be prepared to provide an explanation as to why theinformation is required”. “PIPA governs how landlords collect, use and disclosepersonal information of their tenants and prospectivetenants. Generally, this means obtaining a tenant’sconsent and having a reasonable purpose for thecollection, use and disclosure of personal information.Landlords must notify tenants of their purpose for thecollection.[The landlord is also] obligated to protecttenant information in his or her custody by adoptingsafeguards to prevent unauthorized access, loss,destruction, copying or modification”.What do I do if I run into problems or have adisagreement with my tenant?Because the RTA does not cover landlords and tenants thatshare a living space, you are not able to access the sameservices as a landlord in a traditional renting situation would.Before you seek outside assistance, you should first discussthe problem with your tenant and try to find a solution. Ifyou cannot agree on a solution, try to make sure you clearlyunderstand each other.For more information on PIPA, see the ‘Relevant AlbertaLaws’ at the end of this booklet.* this information is adapted from the Office of the Informationand Privacy Commissioner of Alberta’s Publication: “Privacy& Landlord - Tenant Matters Frequently Asked Questions”www.oipc.ab.ca/Content Files/Files/Publications/Landlord Tenant FAQs Mar2007.pdf.If you have a situation that cannot be dealt with on your own,you may need to go to Provincial Court, Civil Division, toapply for a remedy.4

Can I take classes, attend workshops, or take acourse to learn more?I’ve heard that there is a service called theResidential Tenancy Dispute Resolution Service(RTDRS). Can I use this service as an alternativeto going to court?Yes. The Calgary Residential Rental Association, EdmontonApartment Association, and the Edmonton Landlordand Tenant Advisory Board offer courses, workshops andeducational opportunities to landlords in Alberta. Beforeyou register for a course, make sure that the course will applyto situations where landlords and tenants share living space.No. The RTDRS only deals with rental situations that arecovered under the RTA.How much notice must I give my tenant beforeproceeding with an eviction?The notice required depends on the reason for the evictionand on the terms in your rental agreement.If you feel threatened or unsafe, immediately contact yourlocal police department.GlossaryLandlord andTenant AdvisoryBoardsThe function of a Landlord and Tenant Advisory Board is to advise landlords and tenants in mattersrelating to a tenancy; receive complaints and to try to mediate disputes between landlords andtenants; and make information available for educating and advising landlords and tenants aboutrental practices, their rights, and available remedies.In Alberta, there are two landlord and tenant advisory boards, one in Edmonton and one in FortMcMurray. The extent of services that a Board offers will depend upon its resources. Informationcan generally be obtained in person or by phone. Information packages, including forms, are oftenavailable for purchase.LeaseSee Rental Agreement.RentalAgreementA legally binding agreement to rent a premises between a landlord and tenant. Rental agreementscan be written or oral. However, a written agreement will make it easier to see what has been agreedto and will also provide a record of the agreement. Also called a lease.Security DepositPayment a tenant gives to a landlord at the start of a tenancy on the understanding that it will bereturned if the tenant obeys certain conditions. The conditions will depend upon the reason thatyou ask for a security deposit.5

Relevant Alberta LawsTo view any provincial laws, visit the Queen’s Printer at www.qp.alberta.ca/Laws Online.cfmAlberta Human Rights ActPersonal Information Protection Act (PIPA)This Act protects individuals from discrimination andensures that people are offered an equal opportunity tofind a place to live and enjoy services available to the publicwithout discrimination.This Act protects individual privacy by requiring privatesector organizations (this includes you as a landlord) toobtain consent for the collecting, using, and sharing of yourpersonal information.This means a landlord and tenant cannot discriminate againsteach other on the basis of: race; physical disability; source of income; gender (including pregnancy, sexual harassment andgender identity); ancestry; mental disability; sexual orientation; place of origin; marital status; religious beliefs; or family status.If you want to make a complaint or have questions about thehandling of personal information, contact the Office of theInformation and Privacy Commissioner toll-free in Albertaat 1-888-878-4044.Residential Tenancies Act (RTA)The Residential Tenancies Act, (RTA) is the main law thatoutlines the rights and responsibilities of the majority oflandlords and tenants that live in Alberta. In Alberta, theRTA is regulated by Service Alberta, which is one of theMinistries of the Alberta Government.Safety Codes ActThis law outlines the many different codes that relate tobuildings. Some of these codes include: building, fire,electrical, gas, and plumbing. The Safety Codes Councilis responsible for administering the laws and regulationsrelated to many aspects of safety codes. Safety CodesOfficers carry out inspections under the Act. Federal lawsmay also have an impact on any work that you intend to doon your building.Minimum Housing and Health Standards(Part of the Public Health Act)The goal of the Minimum Housing and Health Standards is toset minimum conditions which are essential to good healthand which make housing premises safe, sanitary and fit forhuman habitation. The Standards cover such topics as miceand insect infestations, acceptable ventilation and plumbing,minimum temperature your house can be in the winter, andso forth.RTA HandbookThis aid to interpreting the Residential Tenancies Act ispublished by the Alberta government. It also providesoptions for dealing with matters the RTA does not cover.The RTA Handbook is available on the Service Albertawebsite at www.servicealberta.ca/621.cfmIf you have concerns regarding the quality of your livingconditions, you can contact Alberta Health ServicesEnvironmental Public Health for more nicipal BylawsPublic laws that apply in a certain jurisdiction that arepassed by the local municipal government (for example,noise enforcement and parking). To learn about bylaws inyour area, contact your local city hall or county office.6

Contacts: Information, Advice and AssistanceAlberta Human Rights CommissionLaw Society of Alberta Lawyer Referral ServiceAn independent commission of the Government of Albertaresponsible to the Minister of Justice. The Commissionprotects human rights in Alberta by resolving and settlingcomplaints made under the Alberta Human Rights Act.Operated by the Law Society of Alberta to assist peoplein finding a lawyer who will provide them with the legalservices they require.Phone Toll Free: 1-800-661-1095Phone: 403-228-1722 (in Calgary)Website: pxDue to confidentiality concerns, the Alberta Human RightsCommission cannot accept or reply to complaints ofdiscrimination via e-mail.Complaints may be made by calling the ConfidentialInquiry Line.North Regional Office 780-427-7661South Regional Office 403-297-6571Toll-free access by dialing 310-0000Website: www.albertahumanrights.ab.caOffice of the Information and PrivacyCommissioner of AlbertaProvides information about the Personal InformationProtection Act (PIPA).Phone Toll Free: 1-888-878-4044Website: www.oipc.ab.caCalgary Residential Rental AssociationService Alberta’s Consumer Contact CentreProvides forms, workshops and information for landlords inrental situations under the RTA.Provides landlord and tenant information that relatesto living situations covered by the RTA, and is a usefulresource for more general information and referrals relatingto landlord and tenant matters.Phone: 403-265-6055Website: www.calapt.orgEdmonton Apartment AssociationPhone: 780-427-4088Toll Free: 1-877-427-4088Website: www.servicealberta.ca/Consumer Info.cfmProvides forms, workshops and information for landlords inrental situations under the RTA.Phone: 780-413-9773Website: www.eaa.ab.caWood Buffalo Landlord and Tenant Advisory Board(LTAB)Similar to Edmonton LTAB, Wood Buffalo LTAB provideslandlord and tenant legal information that relates to livingsituations covered by the RTA for individuals living in FortMcMurray and the surrounding area. The Wood BuffaloLTAB is a useful resource for general information and forobtaining forms such as rental agreements that you can useas a starting point for adapting to your situation.Edmonton Landlord and Tenant Advisory Board(Edmonton LTAB)Provides landlord and tenant legal information that relatesto living situations only covered by the RTA for City ofEdmonton residents. Edmonton LTAB is a useful resourcefor general information, and for obtaining forms such asrental agreements that you can use as a starting point foradapting to your situation.Phone: 780-743-7888Website: www.woodbuffalo.ab.ca/page1342.aspxPhone: 780-496-5959Website: www.edmonton.ca/for ard.aspx7

NotesCentre for Public Legal Education AlbertaCPLEA is a non-profit organization whose purpose is toprovide Albertans with reliable information about theirrights and responsibilities.Centre forPublic Legal EducationAlberta800, 10050 112 StreetEdmonton, AB T5K 2J1Phone: .caCPLEA gratefully acknowledgesthe support ofAlberta Real Estate FoundationAlberta Law FoundationService AlbertaJustice CanadaThis booklet is part of a series on seniors’ housing.The series includes: Life Leases Renting a Condominium Renting out a Room in Your Home Reverse MortgagesYou should not rely on this booklet for legal advice. It providesgeneral information on Alberta law only.December 20138

renting out a spare room in your home, you should become familiar with the laws that relate to this living arrangement. While the idea of saving money by renting out a room in your house may be appealing, there are some risks associated with being a landlord. This booklet will help you

Related Documents:

THE RENTING BOOK . 7 . WELCOME TO THE RENTING BOOK. WHAT IS THE RENTING BOOK? The Renting Book is a guide to rental laws in the ACT. It is primarily written for tenants, to explain their legal rights and responsibilities. It may also help landlords and real estate agents to make sure that properties are managed in accordance with the law.

Renting a Car in Europe. Everything you need to know about renting a car in Europe . A Consumer’s Guide . With so many options and terms to understand when renting a car, we at Auto Europe have put together a guide to help demystify the European car rental experience. Many of the frustrations that

Congratulations on renting your home in New Jersey! The Department of Community Affairs is here to help with this new responsibility by providing you with important information about renting in our state. The 'Truth in Renting' Act was signed in 1976. Since then, DCA has produced

INTRODUCTION TO SMARTPHONES Part 2 BEGINNERS GUIDE TECH SAVVY SENIORS The NSW ' Tech Savvy Seniors ' program is a key initiative of the NSW Ageing Strategy and the Telstra Digital Literacy Strategy. 'Victorian Tech Savvy Seniors ' is a Seniors Card Age Friendly Partners program with Telstra delivering training through rural and remote libraries across Victoria.

The theme for the 2021 NSW Seniors Festival is In Our Nature. During challenging times, it’s in our nature to connect. Whether it’s online, or out in the sunshine, NSW Seniors Festival is a chance to come together. NSW SENIORS FESTIVAL 14 - 24 APRIL 2021 SENIORS FESTIVAL Launch

If you are renting out a residential property in Western Australia or thinking of doing so soon, the information in this guide will help you avoid many potential problems. Renting in Western Australia is governed by a set of laws called the Residential Tenancies Act 1987 (the Act) and the Residential Tenancies Regulations 1989 (the Regulations).

purchasing a home. Renting for a while to save for a down payment and clos-ing costs makes sense in this case. O You do not care to commit the time, effort and expense of maintaining a home. The costs of maintaining a home greatly exceed those of renting. O You prefer more f

Akuntansi manajemen mempunyai peranan besar dalam perusahaan, yaitu membantu pihak pihak internal (direktur utama dan masing masing tingkatan manajer dalam setiap unit/departemen) dalam pengambilan keputusan. Oleh karena itu, akuntansi manajemen yang akan kita pelajari dalam buku ini akan membahas hal hal sebagai berikut: 1. Konsep dan fungsi biaya Pihak manajemen dapat memahami berbagai .