Receiving an eviction order can be overwhelming, but tenants in Alberta have the right to appeal if they believe the decision is unfair. Understanding the appeal process—and acting quickly—can make a significant difference in your housing situation.

Understanding Eviction Orders and Appeal Rights in Alberta

Eviction orders in Alberta are issued by the Residential Tenancy Dispute Resolution Service (RTDRS) or, in some cases, the provincial courts. If you believe an error was made, or if you have new evidence, you can appeal the order within a set timeframe. Appeals are crucial for tenants who want to remain in their rental home while ensuring their rights are respected.

Relevant Legislation

Tenant rights and eviction procedures in Alberta are governed by the Residential Tenancies Act^[1].

When Can You Appeal an Eviction Order?

• If you believe the RTDRS adjudicator or judge made a legal or factual mistake.
• If new important evidence has come to light.
• If you feel the eviction process was unfair or didn't follow proper procedure.

An appeal is not simply a way to delay eviction. You must have a valid reason to request a review.

How to Appeal an Eviction Order in Alberta

Here’s how Alberta tenants can appeal an eviction order:

• Most eviction orders are issued by the RTDRS, but some come from the provincial court system. The appeal process and forms differ slightly depending on who issued the order.

Step 1: Check the Deadline

You usually have 7 days from the date the eviction order was granted to file your appeal. Missing this deadline can result in your appeal being dismissed.

Step 2: Get the Right Appeal Form

For an RTDRS order, you must use the “Notice of Appeal (Form 10)” to the Court of King’s Bench. Official information and forms can be found on the RTDRS website and the Alberta Courts site:

• Form Name: Notice of Appeal (Form 10)
• When to Use: Submit this if you are appealing an RTDRS decision to the Court of King’s Bench.
  Example: If an RTDRS hearing results in an immediate possession order against you and you believe the hearing was unfair, complete this form.
• Official source: Alberta Court of King's Bench forms

If the eviction order comes from the provincial court, file your appeal according to the instructions in the court’s decision documentation. Court registry staff can provide details for your situation.

Step 3: File the Appeal

• Fill out the Notice of Appeal form clearly and truthfully.
• File it at the correct court registry and pay any required filing fee. Fee waivers may be available if you cannot afford the costs.

Step 4: Serve Notice

• Once you have filed, you need to provide ("serve") copies of the appeal notice to your landlord and the RTDRS (if applicable). Service must follow Alberta’s rules—check the instructions on the form or ask court staff for guidance.

Step 5: Prepare for the Appeal Hearing

• Gather all documentation and evidence supporting your case.
• Attend your hearing and present your case. It is possible to represent yourself, but legal help is advisable for complex situations.

Can You Stay in Your Rental During the Appeal?

Filing a notice of appeal does not automatically stop ("stay") the eviction order. Requesting a “stay of enforcement” as part of your appeal may allow you to remain in the rental until the appeal is decided. Always check with RTDRS or the court for what’s allowed in your case.

You must act quickly—if you don't appeal before the deadline, the eviction order will be enforced and you could lose your home.

Tips and Considerations for Tenants

• Keep all paperwork related to your tenancy and eviction.
• Ask for help from a tenant adviser or legal clinic if you feel overwhelmed.
• Understand all Tenant Rights and Landlord Rights in Alberta before the hearing so you can speak confidently.

If your tenancy involves concerns about obligations after the lease is signed, see What Tenants Need to Know After Signing the Rental Agreement.

Key Appeal Forms for Alberta Tenants

• Notice of Appeal (Form 10): For RTDRS decisions to the Court of King’s Bench. File within 7 days. See all forms at Alberta Court of King’s Bench Forms.
• For eviction orders from Provincial Court, consult with the court registry—appeal processes and forms may differ.

Additional Resources

• Residential Tenancy Dispute Resolution Service (RTDRS)
• Residential Tenancies Act (Alberta)

If you’re searching for a new home due to an eviction notice or simply want more rental options, Find rental homes across Canada on Houseme.

Frequently Asked Questions

1. How much time do I have to appeal an eviction order in Alberta? Generally, you have 7 days from the date the eviction order was granted to file your appeal.
2. Where do I file the appeal if my eviction order was issued by RTDRS? You must submit your Notice of Appeal to the Court of King's Bench in Alberta and serve notice to your landlord and the RTDRS.
3. Can I stop the eviction while my appeal is being processed? Filing a Notice of Appeal does not automatically stop the eviction. You must request a “stay of enforcement” during your appeal for a chance to remain in your rental home.
4. Is there a cost to file an appeal? Yes, there are filing fees for appeals, but fee waivers may be available if you have limited income.
5. What if I have other issues with my rental after an eviction order? Learn more in What Tenants Need to Know After Signing the Rental Agreement.

Conclusion and Key Takeaways

Appealing an eviction order in Alberta requires quick action and attention to detail. Remember to:

• File your Notice of Appeal within 7 days if you believe your eviction was unjust.
• Collect and organize all evidence relevant to your case.
• Seek tenant support resources if needed—acting early gives you the best chance to keep your home.

Understanding your rights—and following official procedures—makes a real difference.

Need Help? Resources for Tenants

• Residential Tenancy Dispute Resolution Service (RTDRS) – 1-780-644-3000 (toll-free in Alberta)
• Alberta Court of King's Bench
• Residential Tenancies Act
• Local legal clinics – Contact the Law Central Alberta for free or low-cost legal help.
• For more about your rights, read Tenant Rights and Landlord Rights in Alberta.

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1. Residential Tenancies Act (Alberta), available at: https://www.qp.alberta.ca/documents/Acts/R17P1.pdf

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