By: Jonnette Watson Hamilton
Case Commented On: Layeghpour v Paproski, 2024 ABCJ 140 (CanLII)
PDF Version: Shared Accommodation in Alberta: Law for Roommates and Those Sharing Living Space with Their Landlords
Shared accommodation has become increasingly common in Alberta for many reasons, including the unaffordability of both owned and rented housing. I discuss this phenomenon in Part One of this post. Shared accommodation includes roommates sharing a dwelling, individuals sharing living spaces with owner-occupiers of single-family homes, duplexes and condominiums, and – sometimes – multigenerational households. Sharing living space usually means sharing a kitchen, bathroom and/or living room. However, shared accommodation law is a grey area of the law – underdeveloped by Canadian courts, its existence is unknown to most people. Contrary to the expectations of many, Alberta’s Residential Tenancies Act, SA 2004, c R-17, does not apply to shared accommodation. That means the Residential Tenancy Dispute Resolution Service (RTDRS) is not available to resolve any disputes. The Innkeepers Act, RSA 2000, c I-2, does not apply either because “innkeeper” is defined to include only those who provide lodging to any person who presents themselves as a guest who appears to be able and willing to pay and “in a fit state to be received” (s 1(b)). It is the common law that applies to the relationship those sharing accommodation are found to have, whether that is a licence or a lease relationship. It is therefore best to prevent disputes with an agreement – preferably a signed, written agreement. The Centre for Public Legal Education Alberta has excellent resources for those planning or already in shared accommodations on their “Roommates and Shared Accommodation” website, which I describe in Part Two. In Part Three, I focus on my primary reason for writing this post, and that is the decision of Justice Sandra L. Corbett in Layeghpour v Paproski, 2024 ABCJ 140 (CanLII) in which she sets out much of the common law governing shared accommodations.
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