6 Alberta lease clauses landlords add that don't actually work

These show up in homemade and copy-pasted leases all the time. None of them are enforceable under the Residential Tenancies Act — even when both parties sign. We've cited the specific statute or regulation for each.

1. 1

   "Security deposit equal to two months' rent"

   Alberta caps the security deposit at one month's rent. Any amount above one month is unenforceable and recoverable by the tenant.

   RTA s. 44

2. 2

   "Pet damage deposit on top of security deposit"

   Alberta does not recognize a separate pet damage deposit. The combined security deposit, including any amount labelled 'pet damage', cannot exceed one month's rent.

   RTA s. 44; Security Deposit Interest Rate Regulation

3. 3

   "No interest will be paid on the security deposit"

   The landlord must pay annual interest on the security deposit at the rate set by the Security Deposit Interest Rate Regulation, regardless of what the lease says. The deposit must be held in a trust account at an Alberta financial institution.

   RTA s. 45; Security Deposit Interest Rate Regulation

4. 4

   "$100 late fee for any late rent"

   Late fees in Alberta must be reasonable and reflect actual administrative costs. Penalty late fees not reflective of actual cost are unenforceable.

   RTA s. 7 (covenants); common law on penalty clauses

5. 5

   "Rent will increase by X% after 6 months"

   Rent cannot be increased during a fixed-term tenancy. Increases are only permitted at the end of the fixed term or on a periodic tenancy with proper 3-month notice, once per 365 days.

   RTA s. 14

6. 6

   "Tenant is responsible for all repairs and maintenance"

   The landlord's statutory obligation to keep the premises in a habitable condition cannot be contracted out of. The tenant is only responsible for damage caused by the tenant or their guests.

   RTA s. 16; Housing Regulation