Alberta Repair Demand — Residential Tenancies Act s.16(c) + Public Health Act / MHHS
Stage-1 of the Alberta repair chain. First-person demand under RTA SA 2004 c.R-17.1 s.16(c) (landlord must ensure premises meet the Minimum Housing and Health Standards under the Public Health Act and Housing Regulation Alta Reg 173/1999). Cites RTA s.1(1)(p)(ii) (landlord's substantial breach = breach of s.16(c) only), s.28 (tenant 14-day termination — GATED on unmet PHA s.62 order), s.37 (workhorse remedies: damages, rent abatement, COST OF PERFORMING LANDLORD'S OBLIGATIONS — Alberta's functional repair-and-deduct equivalent; court termination), s.38 (start-of-tenancy KB specific-performance), s.54.1-54.8 (RTDRS Part 5.1), s.54.3 (forum-exclusion), PHA s.62 (AHS executive-officer order — VACATE, UNFIT, CLOSE, REQUIRE WORK), PHA s.62.1 + s.63 (AHS may do work and recover cost), PHA s.5(3) (10-day Public Health Appeal Board appeal), Limitations Act s.3 (2-year discoverability). CRITICAL: RTDRS CANNOT specifically order repairs — only damages/abatement/cost reimbursement under s.37. Signals BOTH tracks: PHA s.62 (fast — actual repair order from AHS) AND RTDRS / Court (damages under s.37). Alberta has NO statutory self-help repair-and-deduct; tenant cannot unilaterally withhold rent. UPL-safe under LPA RSA 2000 c.L-8 s.106.
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Your tenancy
Tell us the basics. Under RTA s.16(c) the landlord must ensure premises meet at least the Minimum Housing and Health Standards under the Public Health Act. Alberta's enforcement is dual-track: Public Health Act for the actual repair order, RTDRS/Court for damages and rent abatement.
This letter will cite
Alberta Residential Tenancies Act SA 2004 c.R-17.1 ss.16(c), 23, 28 (gated on PHA order), 37 (damages, abatement, cost-of-performing remedies), 38 (start-of-tenancy specific perf in KB), 54.1-54.8 RTDRS, 54.3 forum-exclusion; Public Health Act RSA 2000 c.P-37 ss.5(3), 62, 62.1, 63; Limitations Act s.3; Legal Profession Act s.106
Your letter cites s.16(c) and the Minimum Housing and Health Standards, signals both the PHA s.62 AHS complaint track (fast — actual repair order) and the RTDRS s.37 track (damages/abatement/cost reimbursement), and reserves s.28 termination if an AHS order goes unmet.