Alberta's Residential Tenancies Act has no pet rule, so a landlord can allow or restrict pets in the lease. A refundable pet deposit is still a security deposit under the Act, so a pet deposit and a damage deposit together cannot exceed one month's rent (RTA s.1(1)(n), s.43(1)). A landlord cannot refuse a tenant because of a guide or service dog.
This FAQ is for Alberta landlords writing a pet clause and for tenants with an animal. For deposits in general, see Alberta security deposits; for everything else, the Alberta landlord guide.
Can a landlord say no pets in Alberta?
Yes. Alberta's Residential Tenancies Act does not mention pets, so a no-pet or pet-limit clause in the lease is generally allowed. The Government of Alberta's RTA Handbook lists restricting pets among reasonable house rules, and says a landlord can change or add rules during the tenancy only with the tenants' written consent; otherwise new rules wait until the tenancy ends.
Two limits apply. A no-pet rule cannot be used against a guide dog or service dog (see below). In a condominium, the corporation's bylaws may restrict pets, and every condo tenancy is subject to the bylaws whatever the lease says (Condominium Property Act s.53(2)).
How much can an Alberta landlord charge for a pet deposit?
A refundable pet deposit in Alberta counts toward the one-month cap. The Act defines a security deposit as any money paid to a landlord to be held as security for the tenant's obligations or returned on a condition (s.1(1)(n)), and caps the security deposit at one month's rent (s.43(1)).
| Rule | What it means for a pet deposit | Section |
|---|---|---|
| One-month cap | Damage deposit plus pet deposit cannot exceed one month's rent | s.43(1) |
| No increase | A landlord cannot require an increase in a security deposit | s.43(2) |
| Trust account | Deposited in an interest-bearing trust account within 2 banking days | s.44(1) |
| Return | Returned, or accounted for, within 10 days after the tenant leaves | s.46(2) |
Because the security deposit cannot be increased (s.43(2)), a landlord who already holds a full month's deposit should not ask for an extra pet deposit when a tenant gets a pet mid-lease.
Can a landlord deduct pet damage from the deposit in Alberta?
Yes, for damage beyond normal wear and tear, but only if the inspection report requirements were met (RTA s.46(5), (6)). The RTA Handbook gives pet stains that need expensive cleaning or carpet replacement before the carpet is worn out as an example of damage rather than wear and tear. Record floors, doors and trim carefully at move-in; see the Alberta inspection report rules and what landlords can deduct.
Can an Alberta landlord refuse a tenant with a service dog?
No. In Alberta, no one may deny a self-contained dwelling unit to a person, or set different terms of occupancy, because the person keeps a qualified service dog (Service Dogs Act s.3(2)) or, for a blind person, a guide dog (Blind Persons' Rights Act s.5(2)). Each offence carries a fine of up to $3,000. The protection depends on the person controlling the dog's behaviour (Service Dogs Act s.3(4)).
Reliance on a guide or service dog is also part of "physical disability" under the Alberta Human Rights Act (s.44(1)(l)). The Alberta Human Rights Commission says other support animals, such as emotional support animals, may need to be accommodated depending on the situation and on reliable medical information. See rental discrimination in Alberta.
Frequently asked questions
Can I charge a non-refundable pet fee in Alberta?
The Residential Tenancies Act does not mention pet fees. Whatever you charge, write it into the lease with when it applies and whether it is refundable, because anything refundable is a security deposit under s.1(1)(n) and counts toward the one-month cap.
What if a tenant gets a pet when the lease says no pets?
That is a breach of the lease. The 14-day notice for a substantial breach covers breaches of the covenants in s.21, such as damage or endangering others, or a series of breaches whose cumulative effect is substantial (s.1(1)(p)). A single pet with no harm may not reach that bar; see ending a tenancy in Alberta.
Can a landlord ask for proof a dog is a service dog?
Alberta issues identification cards for qualified service dogs (Service Dogs Act s.4), and claiming the Act's benefit when not entitled to it is an offence (s.6(2)). For other support animals, the Commission says accommodation depends on reliable medical information.
Does the pet deposit earn interest?
Yes, as part of the security deposit, at the rate set under the Security Deposit Interest Rate Regulation. See security deposit interest in Alberta.
Write the pet terms into the lease
The free Alberta residential tenancy agreement has a section for pets and house rules and one for the security deposit, so the pet terms are on paper from day one.
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