In Guide
How and When Can You Evict a Tenant in Alberta Canada
If you are a landlord thinking of evicting a bad tenant for some time, or you need to know the rules of evicting a tenant as property manager, you are at the right place. Not all tenants are alike; bad ones should be evicted following the Residential Tenancies Act (RTA) regulations.
This article will delve into the legal rules and regulations for evicting a tenant in Alberta and the tenant’s rights and responsibilities.
The Residential Tenancies Act (RTA) of Alberta
The Residential Tenancies Act (RTA) of Alberta outlines the procedures and rules for landlords to follow while serving a notice and filing to the court for eviction.
Tenant’s Rights in Alberta Canada
In Alberta, tenants are secured by the Residential Tenancies Act. This outlines the protections and rights for tenants, which are as follows:
- Tenants are entitled to a habitable, hazard-free space. Hazards include pests, mold, and malfunctioning plumbing or electrical systems, among other issues.
- Tenants have the right to privacy, meaning landlords must give tenants 24 hours’ notice before visiting the rental property (with certain exceptions in emergency situations).
- The Act provides protection against landlords’ decision to increase rent by an unreasonable amount. Landlords can only raise rent by a fixed percentage or amount annually, decided by the Alberta Landlord Tenant Board.
If you are a potential tenant, read this checklist before renting a property.
Responsibilities of a Tenant in Alberta Canada
According to the Residential Tenancies Act (RTA), a tenant has the following obligations:
- The tenant must pay utilities and rent in full and on time on the due date.
- Maintain the cleanliness of the rented property.
- Not jeopardizing the safety of other tenants or the rental property
- Moving out at the end of the tenancy
- Not participating in any illegal acts on the property and not allowing the guest to do the same.
- Not damaging the property and not allowing the guest to do the same
- Not interfering with other tenants’ and landlords’ rights, peace and enjoyment.
Download the move-out cleaning checklist for the rental. You can learn more about the rights and responsibilities of Landlords and Tenants by clicking here.
Legal Considerations for a Landlord Serving a Notice to Evict a Tenant in Alberta
If a landlord has to serve a notice to evict a tenant in Alberta, it should have the following:
- The notice should be in writing with the reason of eviction being mentioned
- Mention the address of the property.
- Have the landlord’s signature.
- Give reasons for the lease’s termination.
- Mention the end date of the lease.
- Mention any due rent.
- Tell the tenant how much rent they will pay during the notice period.
- Notices for unpaid rent must include a clause describing that the tenancy will not end if the tenant pays the due and overdue rent payments on or before the specified termination date.
When Can a Landlord Evict a Tenant in Alberta?
A landlord can terminate a tenant for many reasons. If a tenant violates the terms of the lease agreement by taking part in illegal activities or subletting the rental unit without the landlord’s approval, they can be evicted.
Tenants can also be terminated for reasons such as creating problems or disturbing other tenants, damaging the property or non-payment of rent.
How Quickly Can a Landlord Evict a Tenant in Alberta?
There are 3 types of notices to evict a tenant, and they are served under certain conditions:
At least 24-hour Notice to Evict a Tenant in Alberta
This notice is served when a tenant causes significant damage to the rental property or assaults or threatens to assault the landlord or another tenant physically. This notice requires a specified date for the end of the tenancy but does not require a reason to be mentioned.
For any damages not covered by the security deposit, the landlord may take legal action against the tenant through the Residential Tenancy Dispute Resolution Service (RTDRS) or court.
At Least 48-hour Notice to Evict a Tenant in Alberta
This notice is used when an unauthorized person occupies the rental unit. Serving this notice does not require a reason to be mentioned but requires a specified date for the end of the tenancy.
The landlord must provide an occupant of a residential rental property who is not on the tenancy agreement at least 14 days’ notice to vacate.
The landlord may provide an unlawful occupant residing on the rental property with at least 48 hours’ notice to vacate if the tenant has moved out.
The landlord may request a court order from the Residential Tenancy Dispute Resolution Service (RTDRS) or the court forcing the tenant to leave the rental premises if they fail to leave within 14 days.
If the landlord objects in writing within 7 days after receiving the tenant’s notice, the 14-day notice becomes null and void, provided that the order is followed or stayed.
At Least 14-days’ Notice to Evict a Tenant in Alberta
This notice is used when there is a substantial breach in the lease agreement. A substantial breach occurs if the tenant:
- interferes with the property owner or their staff
- puts other tenants in danger
- has not made the full rent payment when due
- does not leave the property at the end of the tenancy
- causes substantial damage to the residential property
- disturbs or upsets other tenants (for instance, by being loud or playing loud music late at night)
- does not keep the residential premises well maintained or clean as per the residential tenancy agreement maintained or clean.
If the landlord objects in writing within 7 days after receiving the tenant’s notice, the 14-day notice is null and void, provided that the order is followed or stayed.
Click here to download the Landlord’s Application for Termination of Tenancy and Unpaid Rent. Landlords should use it while the tenant is residing in the rental unit.
Click here to download the Landlord’s Application for Damages. This is used when the tenant has moved out of the rental unit.
Click here for more information on ending a tenancy in Canada.
Tenant Eviction Procedure Explained
A landlord or a property manager needs to follow the proper rules to evict a tenant in Alberta. A landlord or a property manager cannot break the law or restrict the tenant’s rights in the name of eviction.
From serving the notice to the Residential Tenancy Dispute Resolution Service (RTDRS) hearing, the eviction process follows a timeline. Landlords must be aware of possible outcomes and tenant rights throughout this period.
The following steps are the procedure to evict a tenant in Canada:
- Provide the tenant with a written notice, including the reasons for the impending eviction and a date for their departure from the property.
- You should submit an application for an eviction order to the Residential Tenancy Dispute Resolution Service (RTDRS) if the tenant does not leave the property by the specified date.
- Upon the approval of the eviction order by the RTDRS, you can apply to the court to enforce it so that the sheriff’s office aids in removing the tenant.
Dispute Resolution in Alberta
There are various ways for a tenant and their landlord to settle a dispute if one does occur. The viable options are as follows:
- Initially, try to settle the dispute by having a straight conversation with the landlord.
- If the outcome is unsatisfactory, tenants may decide to use mediation services, which can assist both parties in settling the dispute.
- If mediation does not work or is not acceptable, tenants could register a complaint with the Residential Tenancy Dispute Resolution Service (RTDRS), established to help resolve disputes or disagreements between landlords and tenants.
- Tenants may need to file a lawsuit in Provincial Court under specific circumstances.
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Conclusion
Evicting a tenant is a challenging but sometimes necessary aspect of being a landlord. By understanding the legalities, following due process, and learning from the experience, landlords can confidently navigate this delicate situation.
Frequently Asked Questions (FAQ)
No, evicting a tenant without proper notice in Alberta is illegal. The Residential Tenancies Act outlines specific procedures for eviction.
If a tenant contests the eviction, the Residential Tenancy Dispute Resolution Service (RTDRS) will hear the case and decide based on the evidence presented.
Yes, alternatives include mediation, negotiation, and offering lease amendments. These can be more cost-effective and amicable solutions.
No, changing locks before obtaining an eviction order is considered illegal. Landlords must follow the legal process outlined in the Residential Tenancies Act.
The timeline for eviction can vary, but it generally takes several weeks from serving the initial notice to the hearing with the RTDRS.
