As per the Residential Tenancies Act of Alberta, tenants are required to pay their rent in full on the first of every month. However, if your tenants are unable to pay their rent, here are some guidelines to assist you.
Payment plans negotiated between the landlord and tenant will remain in effect for the period of time the parties agreed to, and obligations could carry on after the Ministerial Order is no longer in effect.
Ideally, the payment plan has been set out in writing. For example, if the landlord seeks a termination of tenancy based on outstanding rent following the period that the Ministerial Order is in effect, where a payment plan is set out in writing, it essentially becomes part of the rental agreement.
If the payment plan is verbal, and the parties disagree, it will be a challenge for either party to prove how the original lease agreement had been modified by the negotiated payment plan. If it becomes the subject of an application to the RTDRS, the hearing officer would rely on the evidence that the landlord and tenant each provide to substantiate or refute that a payment plan was in place and was/was not being followed. The RTDRS hearing officer would weigh the evidence and make a determination based on a balance of probabilities.
With regard to rent increases, when the Ministerial Order ceases to be in effect, the rent increases can be applied, but cannot be made retroactive.
When the public health emergency is lifted the renter protection orders continue to be in place through to August 14, 2020.
The exception is the order to suspend late fees which expired as of June 30th.