Dealing with an eviction is stressful—and concerns about how it might affect your future rental prospects in Alberta are common. Many tenants wonder if it’s possible to remove or "seal" an eviction record, and what, if any, remedies exist to protect their reputation and housing stability.
What Is an Eviction Record in Alberta?
In Alberta, when an eviction occurs—whether through an order from the Residential Tenancy Dispute Resolution Service (RTDRS) or the Courts—a record of the decision is generally kept on public file. These records can sometimes appear in public court databases, tenant screening agency reports, or even through credit checks, potentially affecting your ability to rent in the future.
Are Eviction Records Public in Alberta?
Eviction proceedings and outcomes handled by the Residential Tenancy Dispute Resolution Service (RTDRS) or the Alberta Courts become part of the public record. Landlords or tenant screening agencies may be able to find eviction judgments when reviewing rental applications.
Can You Seal or Expunge an Eviction Record?
Currently, Alberta does not have a legal procedure for "sealing" or "expunging" an eviction record in the way that some jurisdictions do. This means:
- If an eviction order exists, it typically remains accessible on the provincial court's searchable decisions database or through RTDRS summaries.
- Private tenant screening companies may keep records of eviction orders or judgments, depending on how information is reported to them.
However, there are instances where a record could become less accessible over time or can be clarified with supporting documentation—especially if you have resolved the underlying problem or later reached an agreement with your landlord.
What Are Your Options After an Eviction in Alberta?
While Alberta tenants cannot formally "seal" their eviction record, there are a few steps you can take to minimize the impact or correct information you believe is inaccurate:
- Appeal or Review the Decision: If you believe an eviction order was unfair or there were errors in your case, consider filing an appeal within the required timeframe. For RTDRS decisions, tenants usually have 30 days to appeal to the Court of King's Bench (Form: Notice of Appeal). Appeals may overturn the original decision, which would then be recorded in place of the eviction. Keep a file of receipts and communications with your landlord, including payment records. If you appeal, attach these documents to support your case.
- Request Corrections from Reporting Agencies: If an eviction appears inaccurately on a credit file or tenant database, you can contact the relevant agency to dispute the information. Be prepared to provide documentation, such as court orders or landlord statements. Corrections to reporting agencies should be requested in writing; include copies of court orders or landlord statements to back up the dispute.
- Explain Your Circumstances to Future Landlords: Oftentimes, providing context, proof of payment, or letters of reference may help you when reapplying for rental housing. Explain to future landlords that eviction events often reflect a past issue that is resolved; a positive rental history and references can help you rebuild trust.
What Forms and Steps Are Involved in Correcting or Appealing an Eviction?
There is no specific Alberta government form for "sealing" or removing an existing eviction record. However, here’s what you may use if you appeal:
- Notice of Appeal (RTDRS Form): Used to appeal a decision of the RTDRS to the Court of King’s Bench. Must be filed within 30 days of the original order. The form and instructions are available on the RTDRS Forms page. For example, if your eviction order was made in error, you could file this form to seek a reversal. Deadline matters: RTDRS appeals are usually due within 30 days of the order. Set reminders and confirm deadlines to avoid missing your right to appeal.
If you are seeking to clarify or dispute what appears on a private tenant screening report or a credit report, you will need to follow that company’s dispute procedure, which usually requires written communication and supporting documentation.
How Long Does an Eviction Stay on Record?
Eviction orders remain on file with the Alberta RTDRS and the Courts indefinitely. Private tenant screening agencies, however, may remove records after a certain period (often 6 or 7 years, depending on their policies and consumer protection law). Clarifying this with the agency in question is a good step for tenants looking to move forward.
Know Your Rights and Responsibilities
Understanding your rights can help prevent eviction and protect your record. Review Tenant Rights and Landlord Rights in Alberta for a comprehensive overview of Alberta rental law under the Residential Tenancies Act (Alberta)1.
Preventing Eviction and Addressing Issues Early
Taking early action—such as resolving payment problems, repairing lease breaches, or discussing concerns openly with your landlord—can help prevent situations that lead to eviction orders. For more on resolving common rental challenges, see Common Issues Tenants Face and How to Resolve Them.
When searching for a new place after an eviction, you might want to explore Houseme for nationwide rental listings to expand your options and find homes where your application is welcome.
FAQ: Eviction Records for Alberta Tenants
- Can I remove an eviction order from the Alberta public record?
No, there is no formal process in Alberta for sealing or removing an eviction order from public record. Only a successful appeal or overturning of the original order will change the official record. - How do I know if I have an eviction record?
If you were subject to a court or RTDRS eviction order, your name may appear in online public registries or screening agency databases. You can check with Alberta’s court records service or tenant screening services to confirm. - Will an eviction affect my credit score?
Evictions themselves are not reported to credit bureaus in Canada, but unpaid rent judgments or collections related to the eviction may appear on your credit report, potentially impacting your credit score. - What should I do if eviction information on my record is wrong?
Dispute errors directly with the agency reporting the information and provide documentation showing the correction. Alberta’s privacy laws support your right to have inaccurate information corrected. - Can I still find a new apartment after an eviction?
Yes, while an eviction record can make renting more challenging, providing references, explaining past circumstances, and looking for private or smaller rental providers may improve your chances.
Conclusion: Key Takeaways for Alberta Tenants
- Alberta does not allow eviction records to be sealed or expunged, but correction through appeals is possible.
- Proactively check your record and resolve errors with reporting agencies or the RTDRS.
- Positive references and open communication can support future rental applications even after an eviction.
Need Help? Resources for Tenants
- Residential Tenancy Dispute Resolution Service (RTDRS): Provides dispute resolution and appeals for Alberta tenants and landlords.
- Service Alberta – Landlords and Tenants: Official government guides and contact numbers for tenant support.
- Alberta Tenants’ Association and Housing Services: Advocacy and support resources for Alberta renters.
