Evictions can be challenging and stressful for both landlords and tenants. Understanding Alberta’s eviction laws is crucial to help with the process, so it is handled fairly and legally, whether due to unpaid rent, property damage, or other disputes. The Residential Tenancies Act (RTA) governs the rules for eviction in Alberta, outlining the rights and responsibilities of both parties.

This guide will provide a clear overview of eviction laws in Alberta, including valid reasons for eviction, the required notice periods, tenant protections, and what landlords and tenants should do in the event of a dispute. If legal assistance is needed, Nimmons Law Office Calgary offers expert guidance to navigate these complex situations.

When Can a Landlord Evict a Tenant?

Landlords cannot evict tenants without a valid reason under Alberta law. The Residential Tenancies Act specifies several legal grounds for eviction, including:

1. Non-Payment of Rent

Failure to pay rent on time is one of the most common reasons for eviction. If rent is late, the landlord must provide a 14-day eviction notice (unless the lease agreement states otherwise). However, the eviction may be canceled if the tenant pays the rent in full within this period.

2. Property Damage

If a tenant causes significant damage to the rental unit beyond normal wear and tear, a landlord may have the option to issue an eviction notice. The notice should include details of the damage and any supporting evidence.

3. Disturbing Other Tenants or Engaging in Illegal Activities

If a tenant disrupts neighbors, engages in criminal activities, or violates local bylaws, the landlord may issue a 24-hour eviction notice. The landlord must document these violations to support the eviction process.

4. Lease Violations

If a tenant breaks lease terms—such as keeping unauthorized pets, subletting without permission, or exceeding occupancy limits—the landlord can issue a 14-day eviction notice. The eviction may be canceled if the tenant corrects the violation within the notice period.

5. End of a Fixed-Term Lease

If the lease is a fixed-term agreement, it automatically ends on the agreed date unless both parties decide to renew it. Landlords must give at least 90 days’ notice before the lease expires if they do not intend to renew.

6. Personal Use or Sale of the Property

A landlord can evict a tenant if they or an immediate family member intend to move into the rental unit. Similarly, the new owner may require the tenant to vacate if the property is being sold. The landlord must provide at least 90 days’ notice in these cases.

Eviction Notice Requirements

Eviction notices in Alberta must be written and adequately delivered to be legally valid. A valid eviction notice should include:

• The reason for eviction
• The date the notice is given
• The required move-out date
• The landlord’s signature

The notice must be delivered in person, registered mail, or the tenant’s mailbox. Verbal evictions or text messages are not legally valid.

What Can Tenants Do If They Receive an Eviction Notice?

Receiving an eviction notice can be stressful, but tenants have rights and options to challenge an unfair eviction. Here’s what tenants should do:

1. Review the Eviction Notice

Check if the notice follows Alberta’s laws. It may be invalid if the notice is incomplete, improperly delivered, or does not provide a valid reason.

2. Communicate with the Landlord

Suppose the eviction is due to unpaid rent or a lease violation. In that case, tenants may be able to resolve the issue by paying the rent or correcting the violation before the notice period expires.

3. File a Dispute with the RTDRS

If tenants believe the eviction is unjust or unlawful, they can file a dispute with the Residential Tenancy Dispute Resolution Service (RTDRS). The RTDRS tribunal handles landlord-tenant disputes in Alberta and can overturn wrongful evictions.

4. Seek Legal Advice

If tenants are unsure of their rights, consulting a legal professional can clarify. Nimmons Law Office Calgary specializes in tenancy disputes and can help tenants understand their options.

Illegal Evictions and Tenant Protections

Landlords must follow the legal eviction process. Forcing a tenant to leave without proper notice or legal justification is illegal. Examples of unlawful evictions include:

• Changing the locks without a court order
• Shutting off utilities to pressure the tenant to leave
• Removing the tenant’s belongings from the unit
• Threatening or harassing the tenant

If a landlord attempts an illegal eviction, the tenant can file a complaint with the RTDRS or seek legal action. The landlord may be required to compensate the tenant for damages.

What Happens If a Tenant Refuses to Leave?

If a tenant refuses to vacate after receiving a valid eviction notice, the landlord cannot forcefully remove them. Instead, the landlord must apply for a court order or use the RTDRS. If approved, a court-appointed bailiff will remove the tenant legally.

Landlords should never attempt to physically remove a tenant, which can result in serious legal consequences.

How to Avoid Eviction Disputes

Eviction disputes can be stressful and costly for both landlords and tenants. Here are some practices to avoid conflicts:

For Landlords:

• Use Clear Lease Agreements: Make sure all terms and conditions are written.
• Keep Proper Documentation: Maintain records of rent payments, lease agreements, and tenant communication.
• Address Issues Early: If tenants are late on rent or violating lease terms, communicate with them before taking legal action.
• Follow Proper Notice Procedures: Always provide written eviction notices that comply with Alberta law.

For Tenants:

• Pay Rent on Time: Set up automatic payments or reminders to avoid late fees and eviction risks.
• Understand Lease Terms: Read and understand all lease agreements before signing.
• Report Maintenance Issues Promptly: If repairs are needed, inform the landlord in writing to avoid misunderstandings.
• Communicate Proactively: If facing financial hardship, ask the landlord about possible payment arrangements instead of ignoring rent obligations.

When to Seek Legal Help

Eviction laws can be complex, and disputes can escalate quickly. If a landlord or tenant feels uncertain about their rights, seeking legal assistance is the ideal way to protect their interests.

Nimmons Law Office Calgary provides expert legal support for eviction disputes, helping landlords and tenants receive fair treatment under Alberta’s laws. Professional guidance can make all the difference if you need help drafting an eviction notice, disputing an unfair eviction, or navigating the RTDRS process.

Conclusion

Understanding eviction laws in Alberta is essential for both landlords and tenants. Following the correct legal procedures helps fairness and prevents costly disputes. Knowing their rights and responsibilities allows both parties to handle tenancy issues professionally and with minimal conflict.

For those needing legal assistance, Nimmons Law Office Calgary offers expert guidance on handling evictions lawfully and fairly. Whether you’re a landlord issuing an eviction notice or a tenant facing removal, understanding Alberta’s laws can help protect your rights and lead to better resolutions.

Disclaimer: This guide is intended for informational purposes only and should not be considered as legal advice. The laws regarding eviction in Alberta may change, and specific circumstances may vary. For professional legal advice or assistance regarding eviction matters, it is recommended to consult with a licensed attorney, or seek guidance from the Residential Tenancy Dispute Resolution Service (RTDRS).

Published by Tom W.