Alberta late rent fees and NSF (returned payment) charges have no maximum set by law. A landlord can charge one only if the tenancy agreement provides for it, and the Government of Alberta warns that a late fee that does not reflect the landlord's actual loss could be waived by the Residential Tenancy Dispute Resolution Service (RTDRS) or a court.
At a glance
- Cap: none. No regulation currently sets a maximum, although the Act allows one (s.70(1)(j)).
- Where it comes from: the tenancy agreement. No term, no fee.
- Limit in practice: a fee beyond the landlord's actual loss could be waived by RTDRS or a court (Government of Alberta, Information for landlords, June 2025).
- History: late fees were banned only for April 1 to June 30, 2020 (AR 55/2020).
- Repeated late rent: can become a substantial breach (s.1(1)(p)).
This FAQ is for Alberta landlords writing a lease and for tenants who have been charged a fee. Rent itself, and the 14-day notice for unpaid rent, are covered in Alberta's 14-day notice for unpaid rent.
Alberta Late Fee and NSF Fee Checklist
For landlords writing a fee into a lease, and tenants checking one they have been charged.
Get Free PDF →Is there a maximum late fee for rent in Alberta?
No. The Residential Tenancies Act lets the government make regulations about when landlords may charge late fees and their maximum amounts (s.70(1)(j)), but no regulation sets a maximum today. Alberta publishes no late fee figure, flat or percentage.
That does not mean any amount is safe. The provincial guides for landlords and tenants both say a late fee that "does not reflect the actual loss suffered by the landlord" could be waived by RTDRS or the court.
| Question | Alberta answer | Source |
|---|---|---|
| Is there a legal maximum? | No | RTA s.70(1)(j); no regulation in force |
| Can a fee be charged with no lease term? | No, it must be agreed | Information for landlords (2025) |
| Can an excessive fee be challenged? | Yes, RTDRS or a court could waive it | Information for landlords and tenants (2025) |
| Was there ever a ban? | Only April 1 to June 30, 2020 | AR 55/2020 ss.1-3 |
Does a late fee have to be in the lease?
Yes. The Alberta guides describe a late fee as something the residential tenancy agreement "allows for". A landlord who adds a fee the tenant never agreed to has no basis to charge it. Write the amount, when it applies and what it covers into the lease at the start.
What about NSF or returned-payment fees?
Alberta's guides cover them under the same heading as late fees, and the Act sets no cap on either. The conservative approach is to treat an NSF fee like a late fee: charge it only if the agreement provides for it, and keep it to the landlord's real cost. A returned payment also leaves the rent unpaid, so the rent itself is still owed.
Was there ever a ban on late fees in Alberta?
Only briefly. The Late Payment Fees and Penalties Regulation (AR 55/2020) barred late fees and penalties for late or unpaid rent between April 1 and June 30, 2020, and voided lease terms charging them for that period. It applies only to that window and does not limit fees today.
Can a late fee be taken from the security deposit?
Only if the lease allows that deduction. A landlord may deduct from a deposit only in accordance with conditions the tenant agreed to, and must show it on a statement of account within 10 days after the tenant gives up possession (s.46(2)). The inspection-report rule in s.46(6) applies to deductions for damage, not to a fee. See Alberta security deposits.
Can repeated late rent end the tenancy?
It can. Paying rent when due is a tenant covenant in every Alberta tenancy (s.21(a)), and a "substantial breach" includes a breach of that covenant or a series of breaches whose cumulative effect is substantial (s.1(1)(p)). The landlord may then serve a 14-day notice or apply to RTDRS or a court (s.29(1)).
Frequently asked questions
Is a $50 late fee legal in Alberta?
Alberta does not approve or forbid any particular amount. A fee must be in the lease, and if it goes beyond the landlord's actual loss, RTDRS or a court could waive it. We do not suggest any figure as safe.
Can my landlord charge a daily late fee?
Nothing in the Act forbids the structure, but a fee that keeps growing is more likely to exceed the landlord's real loss. A tenant who thinks the total is unfair can raise it at RTDRS or in court.
Can a lease make me give up my rights to challenge a fee?
No. Any waiver or release by a tenant of rights under the Act is void (s.3(1)).
Where do I dispute a late fee?
Either the Residential Tenancy Dispute Resolution Service or the courts (s.54.2). The RTDRS filing fee is $75 for a claim of $7,500 or less. See RTDRS explained.
How Tenon10 helps
Tenon10 creates Alberta leases, so a late fee term you choose is written down and agreed before the tenancy starts. It sends tenants rent reminders, and when rent goes unpaid it helps you prepare the 14-day notice following Form 3's layout.
Alberta Late Fee and NSF Fee Checklist
For landlords writing a fee into a lease, and tenants checking one they have been charged.
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