Believe It or Not Tenancy Questions.

• Author: Feng, Judy
• Position: Columns

Here at CPLEA, we receive hundreds of questions about landlord and tenant issues every year. While a majority of them are relatively straightforward, we occasionally receive some questions that leave us scratching our heads or in a state of disbelief (or sometimes a bit of both). In this article, we've compiled answers to some of the most memorable tenancy questions over the years. From radon testing, criminal record checks, tenants cooking crystal meth, questionable video surveillance to rent decreases (yes, you heard that right, rent decreases and not rent increases), we hope that the following questions and answers will be informative to you.

Am I required to test for radon in my rental property?

Radon is an odorless, radioactive, cancer-causing gas that can be found in new and old buildings. In Alberta, there is no legislation currently in force that directly addresses the issue of radon or radon testing.

That said, landlords should keep an eye out for the Radon Awareness and Testing Act as well as any regulations associated with it. The provincial government passed the Act in December 2017 but the law is not yet in force. However, within one year of the law coming into force, the Minister (responsible for the Act) must develop educational materials that encourage homeowners to measure and take action to reduce radon levels. The Act also enables the Minister to make regulations establishing standards for radon testing and reduction in residential dwellings.

While there is currently no law in Alberta (at least in force) that directly addresses radon, radon may be considered a tenant health issue that falls under the Public Health Act and Residential Tenancies Act. Furthermore, Health Canada and housing industry authorities recommend that homeowners and landlords test for radon.

For more information on radon, refer to the following resources:

Government of Canada webpage on Radon

www.canada.ca/en/health-canada/services/radon.html

Government of Alberta webpage on Radon mvhealth.alberta.ca/Health/Pages/conditions.aspx?hwid=tv6131

Real Estate Council of Alberta Information Bulletin on Radon www.reca.ca/wp-content/uploads/PDF/Radon.pdf

I heard that a sex offender is moving into the area where I have rental properties. Can I request a criminal record check from prospective tenants? Is there a way to check if a prospective tenant is a sex offender?

No, a landlord cannot request a criminal record check from tenants or prospective tenants. Asking...