Can an Eviction Be Removed from Your Record in Alberta?
If you’ve been evicted in Alberta, you may be worried about how this affects your future rental prospects. Understanding your rights as a tenant, available options, and what appears on your rental history is crucial. This guide provides clear answers, practical steps, and official resources for Alberta tenants dealing with post-eviction concerns.
How Evictions Are Recorded in Alberta
In Alberta, official eviction records are maintained by the Residential Tenancy Dispute Resolution Service (RTDRS) and the court system. Eviction proceedings can be a matter of public record if your landlord obtained an order through RTDRS or through Alberta Courts. However, Alberta does not have a formal government-maintained 'tenant blacklist' or central eviction database accessible to landlords. Most references to 'eviction records' refer to reports collected by tenant screening companies who check public court documents and landlord references.
When Does an Eviction Show Up on Your Record?
- If your landlord obtained a court order or RTDRS order for eviction, these records can be accessed by tenant screening services and may affect your ability to rent in the future.
- Informal agreements to move out (without a tribunal or court order) generally do not appear on your public record, but can still impact your rental references.
It's important to note that unpaid debts or damages related to tenancies may also be reported to credit agencies, affecting your credit score.
Can You Remove an Eviction from Your Record?
Officially, Alberta has no direct process to "remove" an eviction order from public court records or RTDRS decisions. However, you have some actions available if you believe the eviction was unjust or want to explain your circumstances to future landlords:
- Review and Appeal: You can apply for a review or appeal to have an order changed or set aside within strict time limits.
- Settle Outstanding Debts: Paying any court-ordered debts or damages will not erase the record, but can improve your standing with future landlords.
- Offer References or Explanations: Proactively explain your situation and provide references or evidence of stable tenancy since the eviction.
Challenging an Eviction Order in Alberta
- If you believe an error was made, you may apply to the RTDRS for a Review of Order.
- If the eviction was ordered in Provincial Court, you may appeal within 30 days of the order (RTDRS Appeals).
Relevant Forms and How to Use Them
- Application for Review of Order (RTDRS Form): Use this if you believe the RTDRS made a significant error affecting the outcome.
Example: If the RTDRS issued an eviction order but you never received notice of the hearing.
Find the form and instructions at Alberta RTDRS Forms. - Notice of Appeal (Provincial Court): For orders made by court. File within 30 days for most tenancy-related matters.
Instructions and forms are available via Alberta Court of Justice.
How Long Does an Eviction Stay on Your Record?
Eviction orders from RTDRS or the court are public records and can be accessed indefinitely. However, tenant screening agencies typically look at records from the past 5–7 years. Credit-related issues, such as unpaid debts from a tenancy, may also appear for up to 7 years on your credit report.
What Are Your Rights Post-Eviction?
- Evicted tenants still have the right to collect their security deposit (minus legal deductions). See How to Get Your Security Deposit Back with Interest When Moving Out for help reclaiming your deposit.
- You can request a written reference from your previous landlord, especially if you left on otherwise good terms.
Tips for Renting Again After an Eviction
- Be upfront with potential landlords about your history and how you’ve improved your situation.
- Gather personal and work references.
- Maintain good payment records and consider providing proof of income.
- Consult Alberta’s Tenant Rights and Landlord Rights in Alberta for information on your rights and responsibilities.
Planning your next move? Browse apartments for rent in Canada using Houseme's reliable search tools.
FAQs: Your Alberta Eviction Record Questions Answered
- Can I erase an eviction order from my record in Alberta?
No, Alberta does not currently offer any process to erase eviction records if they were officially ordered. Your best option is to appeal or apply for a review within the set timelines. - Are landlords notified about all past evictions?
Landlords can check publicly available RTDRS or court records and tenant screening agencies may include this information in their reports for recent eviction cases. - What should I do after being evicted?
You should settle outstanding debts, request your security deposit back, and gather references for future rental applications. See How to Get Your Security Deposit Back with Interest When Moving Out for more details. - Does an eviction in Alberta affect my credit score?
An eviction order itself does not, but unpaid rental debts that are sent to collections or court may affect your credit report for several years. - Where can I learn more about my rental rights in Alberta?
See Tenant Rights and Landlord Rights in Alberta for a complete overview.
Key Takeaways for Alberta Tenants
- Official eviction records cannot be removed, but you may appeal or apply for a review if you act quickly.
- Being open with future landlords and maintaining good references can increase your chances of renting again after an eviction.
- Know your post-eviction rights and seek help if you need support navigating the process.
Understanding your legal position and acting promptly can help you move forward positively after an eviction.
Need Help? Resources for Tenants
- Residential Tenancy Dispute Resolution Service (RTDRS) – The main tribunal for tenancy disputes and eviction matters in Alberta.
- Alberta Residential Tenancies Act – Official legislation governing tenancy rights and eviction rules (View Latest Text).
- Centre for Public Legal Education Alberta – Landlord & Tenant Info
- Browse apartments for rent in Canada to find your next home quickly.
- Residential Tenancy Dispute Resolution Service (RTDRS): Official RTDRS Page
- Alberta Residential Tenancies Act: Full text – CanLII
- Alberta Courts – Tenancy Resources: Alberta Court of Justice
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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