Avoiding Common Mistakes During Evictions in Alberta

If you’re a tenant in Alberta facing possible eviction, understanding your rights and responsibilities can make a real difference. Alberta’s rental laws are clear, but missteps—like missing deadlines or not responding to notices—can seriously affect your housing situation. This guide highlights the most common mistakes tenants make during an eviction process and provides practical tips to help you avoid them.

Understanding Alberta’s Eviction Laws

Eviction in Alberta is governed by the Residential Tenancies Act¹. Whether for non-payment of rent or breaching the rental agreement, both landlords and tenants must follow strict procedures. The Residential Tenancy Dispute Resolution Service (RTDRS) is the official tribunal that handles most disputes.

Common Tenant Mistakes During Eviction

Many tenants, especially those experiencing eviction for the first time, face stress or confusion. Here are key missteps to avoid:

• Not reading or responding to eviction notices promptly. Ignoring the notice can forfeit your ability to challenge it.
• Missing deadlines for response or appeals. Timelines in Alberta are strict and missing one may result in automatic loss of your home.
• Failing to understand the reason for eviction. Not all grounds for eviction are valid under the law.
• Leaving belongings behind or moving out before understanding your rights. This can affect your deposit and your ability to challenge the eviction.

Types of Eviction Notices and Forms in Alberta

Eviction notices in Alberta must use the correct forms and provide proper notice. Some key forms include:

• 24-Hour Notice to Terminate Tenancy (Form 6): Used if the landlord alleges the tenant has committed a substantial breach (e.g., causing harm or illegal activity). Respond quickly if you receive this.
  Official source: Notice to Terminate Tenancy form
• 14-Day Notice to Terminate Tenancy (Form 8): Used for other substantial breaches, such as repeated late rent.
  Official source: Notice to Terminate Tenancy form
• Application for Possession (RTDRS Form): If you wish to contest, you must apply to the RTDRS within the notice period.
  Official source: RTDRS Application Form

Example: If you receive a 14-day notice for late rent and believe you have paid or have a valid reason, you can apply to the RTDRS before the notice period expires to challenge the eviction and provide evidence.

Essential Steps to Take If You Receive an Eviction Notice

• Read the notice carefully and check if it uses the correct form and gives the proper notice period.
• Note all deadlines—mark dates on your calendar.
• Consider Obligations of Landlords and Tenants: Rights and Responsibilities Explained to ensure the landlord’s claim (such as a breach) matches what’s required by law.
• Communicate with your landlord in writing. Try to resolve misunderstandings early.
• If you think the eviction is unfair or the process wasn’t followed correctly, promptly apply to the Residential Tenancy Dispute Resolution Service (RTDRS).

Above all, keep copies of all notices, correspondence, and relevant paperwork. Clear documentation is essential if your case goes before the RTDRS.

Protecting Your Security Deposit When Facing Eviction

When moving out due to eviction, tenants are often worried about getting their deposit back. Be sure to leave the property clean and undamaged, document its condition, and attend the move-out inspection if possible. For more, see How to Get Your Security Deposit Back with Interest When Moving Out.

What to Do After Receiving an Eviction Order

If the RTDRS or court issues an eviction order, you’ll receive a set move-out date. You should:

• Make arrangements to leave by the required deadline.
• Take photos of the unit to prove its condition.
• Return all keys to the landlord and get a receipt.

Stay Informed about Your Rights

Rental rules can change, so check official sources regularly. For Alberta-specific info on your legal rights, visit Tenant Rights and Landlord Rights in Alberta. When searching for a new home, you can Find rental homes across Canada on Houseme including listings for Alberta cities.

FAQ: Tenant Questions about Evictions in Alberta

1. Can I stop an eviction if I pay the overdue rent?
   Sometimes, yes. For non-payment cases, if you pay all overdue rent before the notice expires, a landlord may (but is not required to) withdraw the eviction. Always get this in writing.
2. What happens if I ignore an eviction notice in Alberta?
   Ignoring a notice can mean losing your right to challenge it, and the landlord may apply for an immediate possession order to remove you from the unit.
3. How long does an eviction process usually take in Alberta?
   Timelines vary: urgent breaches can lead to 24-hour notices, but most cases involve 14 days' notice plus time for dispute resolution. If it goes to RTDRS, resolution can take several weeks.
4. Is a landlord allowed to evict me without proper notice?
   No. Landlords must use the correct form and notice period as required by the Residential Tenancies Act.
5. Will an eviction affect my ability to rent in the future?
   It can. Landlords often check references and tenancy history. A resolved dispute with proof could help explain your situation to future landlords.

How To: Navigating the Eviction Process as an Alberta Tenant

1. How do I dispute an eviction notice in Alberta?
   
   • Review the notice as soon as you receive it.
   • Gather all paperwork (the notice, your lease, communication with your landlord).
   • Apply to the RTDRS (use the Application Form) before the notice period runs out.
   • Participate in your hearing and present your case. Bring evidence and witnesses if possible.
2. How can I document property condition when leaving?
   
   • Take date-stamped photos or videos of every room and area.
   • Complete an inspection report and keep a copy for your records.
3. What should I do if I need more time before moving out?
   
   • Communicate with the landlord to request an extension. If denied, you may apply to the RTDRS for more time, but do this quickly before the order takes effect.

Key Takeaways for Tenants

• Always carefully read and respond to eviction notices; know the deadlines.
• Protect your deposit by keeping records and the unit in good condition.
• Use the RTDRS to challenge unfair evictions and check Tenant Rights and Landlord Rights in Alberta for up-to-date information.

Need Help? Resources for Tenants

• Residential Tenancy Dispute Resolution Service (RTDRS) – Applications and resources for disputes and evictions (Alberta)
• Residential Tenancies Act (Alberta) – Full official legislation
• Alberta Tenant Information – Alberta government advice and resources

---

1. Residential Tenancies Act, RSA 2000, c R-17.1 — See: Official Legislation
2. Residential Tenancy Dispute Resolution Service (RTDRS) — Official Tribunal
3. Alberta: Notice to Terminate Tenancy forms and eviction guides — Official Forms

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy