When a tenant unexpectedly vacates a rental property without fulfilling their rent obligations, landlords often turn to the Residential Tenancy Dispute Resolution Service (RTDRS) to recover unpaid rent. But sometimes, the process allows for claiming additional rent losses beyond the initial unpaid rent. Here’s a guide based on a real-life case on how to claim an extra month of rent loss at an RTDRS hearing in Alberta.
1. Background of the Case: Unpaid Rent & Early Vacancy
In this scenario, a tenant failed to make October rent. The landlord took action, filing a claim with the RTDRS on October 18 after the tenant missed a mutually agreed-upon payment deadline of October 15. Shortly after, the tenant vacated the property on October 26, abandoning it. The landlord repossessed the property and immediately began advertising it for a new tenant on October 28.
2. Filing an Additional Rent Loss Claim
Since the tenant left the property and finding a new tenant before November was unlikely, the landlord filed an additional claim to cover November’s rent. This additional claim was justified by the fact that the property could not be rented out for November due to time constraints, as well as the fact that it was difficult to show the property while it was occupied by a non-paying tenant.
3. What to Expect During the RTDRS Hearing
At the RTDRS hearing, the officer asked the landlord when they would like the lease to end. Although the tenant had already left, the landlord specified that they were open to ending the lease as soon as possible but sought compensation for November rent loss, given that the unit was vacated abruptly.
When the officer questioned why a claim for November was being requested if the lease was to end, the landlord clarified that they were open to maintaining the lease until a new tenant was found or allowing it to expire naturally, whichever came first, as per the Alberta Residential Tenancies Act. The officer accepted this explanation and approved the claim for the additional rent loss, ending the lease on October 31 while also granting the landlord the right to claim for November rent loss.
4. Lessons Learned
Prompt Communication with RTDRS
It’s crucial to communicate promptly with the RTDRS whenever the rental situation changes. In this case, the landlord updated the RTDRS on November 5, three days before the hearing on November 8. This proactive approach ensured that the RTDRS officer was fully informed of the situation before the hearing, allowing the officer to make an informed decision.
Clear Justification for Additional Claims
In cases where a tenant vacates early without paying rent, explain why an extra rent claim is necessary. In this example, the landlord could not show the property to new tenants while it was occupied by the non-paying tenant, making it infeasible to secure a new renter in time for November.
5. Key Takeaways
To successfully claim additional rent loss at an RTDRS hearing:
- Update RTDRS Promptly: File any additional claims or changes with RTDRS as soon as possible to avoid underclaiming.
- Justify Additional Claims Clearly: Explain why the additional claim is fair, such as the inability to rent out the unit due to tenant occupancy or time constraints.
- Remain Flexible but Firm: Being flexible about lease termination while also requesting fair compensation can help you reach a favorable outcome.
By following these steps, landlords can improve their chances of recovering all eligible rent losses, ensuring fair compensation for any vacancy periods caused by tenant actions.
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