A Conversation With Student Legal Services Part Two

In our previous blog we shared part one of our question and answer session with Student Legal Services of Edmonton. In this blog we, continue and conclude our QnA session. A special thanks to Student Legal Services for taking the time to do this interview.

Note: Due to Covid-19 Student Legal Services Edmonton is no longer taking walk-ins until future notice; however, we still wanted to share the details of the QnA session in case it could help a student or tenant immediately. A special thanks to Student Legal Services for taking the time to do this interview. 

RentWhiz (RW), interviewer: We’ve heard some horror stories of nightmare roommates and conflicts in the middle of a lease. What would the impact of breaking the lease be if that were the only solution?

Student Legal Services (SLS): The result of breaking a lease will vary somewhat from case to case. Your lease agreement will typically outline the consequence of breaking it. A lease agreement serves to supplement the Residential Tenancies Act (RTA), meaning it can add additional consequences that are not automatically present for tenants. The default position would be that a tenant may be liable for the remainder of the term of their lease, and your landlord could bring a claim against the tenants to recover that amount. If that occurs, the landlord will have a duty to mitigate, which means they are required to attempt to find a new tenant to offset the cost that the tenants are required to pay. 

If you have signed a lease with multiple people on it, you and your co-signatories will be jointly and severally liable. This means that you are on the hook for your roommate’s actions, and they are liable for yours as well. Your landlord can make the claim against any or all of you for the entire amount that they are seeking.

RW: Are roommate agreements enforceable?

SLS: Roommate agreements are going to be different in different situations. Sometimes, they are relatively straightforward, for example, specifying who will be paying each share of the household expenses. In this case, it is likely such an agreement would be enforceable. Other times, roommate agreements may attempt to govern things that are outside of the scope of normal contracts and there may be some clauses that are unenforceable for public policy reasons. For example, roommate agreements that require tenants to brush their teeth or to be asleep by 10:00pm would be unenforceable. 

Financial agreements are more likely to be enforceable than those relating to household duties. For example, a Court is unlikely to order your roommate to clean the bathroom; however, if roommates agree to split the cost of a maid service, then this will likely be enforceable. 

Contracts that do not fall under the RTA (i.e. a roommate agreement between co-tenants) are outside of the jurisdiction of the RTDRS, so in order to have your matter heard you would need to advance a claim in Provincial Court. The common law provides a number of remedies that may be available in situations where a roommate agreement is breached, such as unjust enrichment and damages for breach of contract, (both of which may result in a monetary award). 

That said, each roommate agreement is different, so if you want more information on whether your particular agreement is enforceable you may wish to seek legal advice. As mentioned, SLS cannot provide legal advice to individuals who do not have a file with us.

RW: Some of our group members have had issues and conflicts with their landlords. How are these conflicts resolved through the legal system?

SLS: If your lease is governed by the RTA, tenants are able to bring claims against their landlords through the RTDRS. The RTDRS will then schedule a hearing, and a hearing officer will preside over the application and render an enforceable judgment. 

If your lease is not governed by the RTA, a tenant may bring a claim through provincial court. Provincial Court often has stricter rules of evidence and procedure than RTDRS, and some individuals may find it harder to navigate without assistance. 

RW: Some student tenants feel afraid or intimidated by their landlords since they feel they may have more power than they do. What advice would give a student tenant who feels this way?

SLS: If you feel that your landlord is mistreating you, you may want to look into what rights you have under the RTA. There is an imbalance of power in landlord/tenant relationships, and the act serves to protect the interests of the parties. 

For instance, s.16(b) of the RTA states that “the landlord...will [not] in any significant manner disturb the tenant’s possession or peaceful enjoyment of the premises”, subject to some limitations and exceptions also found in the Act. If your right to possession or peaceful enjoyment as a tenant has been significantly interfered with, you may be able to seek rent abatement (which is a monetary award) via the RTDRS.

Landlords have obligations to tenants under the RTA, the Public Health Act, and the Minimum Housing and Health Standards. In situations where there has been a substantial breach of the landlord’s obligations (as set out in s.16 of the RTA), a tenant may be able to terminate the tenancy. Your situation will be unique, so you may wish to seek legal advice to determine whether or not your landlord has committed a substantial breach and whether you are able to terminate your tenancy, and if so how to do it. 

RW: Any other things you would like to add?

SLS: We are not lawyers; we are law students. None of the information contained herein should be construed as legal advice. If you would like to obtain advice specific to your situation, please contact our office. We are happy to provide referrals to legal services, some of which are freely available. In some cases, we may be able to assist you directly with your situation. 

RW: How can students get in touch with you if they have any other questions or concerns? 

SLS: To get in touch with SLS, you can go to https://www.slsedmonton.com/, come see us in person at 11036 88 Avenue NW Edmonton, Alberta T6G 0Z2 (check the hours on our website), or call us at (780) 492-8244. Note: Due to Covid-19, we are no longer taking walk-ins until future notice.

If you have any other ideas or questions, please comment below, contact us or comment on our social media.

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