Who can start an eviction in a condo building?
In Alberta, either the landlord (owner) or a property manager acting for a condo corporation can begin steps that lead to eviction when a tenant breaks a lease, fails to pay rent, or seriously breaches condo bylaws. Condo corporations sometimes take action when bylaws are violated, but they must still follow provincial tenancy rules when the occupant is a tenant rather than the owner-occupant.
Common reasons a condo corporation or landlord may seek eviction
- Substantial damage to common property or other units, or repeated neglect that creates safety risks.
- Chronic noise or behaviour complaints that breach condo bylaws and disturb neighbours.
- Non-payment of rent or condo-fee-related obligations where the tenant is responsible for rent.
- Illegal activity on the premises discovered by the board or landlord.
Official process, notices and forms
Before eviction, landlords or condo boards must typically serve a written notice specifying the reason and the deadline to fix the issue or vacate. In Alberta a tenant served with a formal notice should check whether the notice follows the Residential Tenancies Act and contains the required timelines. Tenants can challenge improper notices by applying to the Residential Tenancy Dispute Resolution Service (RTDRS)[1] or, in some cases, court.[2]
Key official items to know:
- Notice to End Tenancy (by landlord) — name: "Notice to End Tenancy"; number: no single provincial form number applies in all cases; when used: to formally state the reason and deadline. Example: a tenant receives a 14-day notice for non-payment and must pay or dispute before the deadline.
- Application for Dispute Resolution — name: "Application for Dispute Resolution (RTDRS application)"; number: not a numbered form like court forms; when used: to ask RTDRS to hear your dispute. Example: a tenant files an application to dispute a Notice to End Tenancy for alleged repeated noise.
FAQ
- Can a condo corporation evict a tenant directly?
- A condo corporation can ask a landlord to remove a tenant for bylaw breaches, but eviction must follow Alberta tenancy law and formal notice procedures; tenants may dispute notices through RTDRS.[1]
- What deadlines should I watch for after receiving a notice?
- Deadlines vary by reason: non-payment often gives you a short window to pay, while other breaches may allow days to correct behaviour or vacate; check the notice and act promptly.
- Do condo bylaws override my lease?
- No. Bylaws apply to all occupants but cannot remove the protections given by the Residential Tenancies Act; if a bylaw conflicts with provincial law, provincial law controls.[2]
How-To
- Read the notice immediately and note the exact deadline and the ground stated for eviction.
- Count calendar days and calendar your next steps so you do not miss any deadlines mentioned in the notice.
- Gather evidence: photos, messages, receipts, and witness names that show your side of the story.
- Contact the landlord or condo manager in writing to attempt resolution and keep copies of all correspondence.
- If you cannot resolve it, file an Application for Dispute Resolution with RTDRS and attach your evidence.[1]
- Prepare for the hearing: organize notes, bring originals or clear copies of documents, and be ready to explain timelines and impacts.
Help and Support / Resources
- Residential Tenancy Dispute Resolution Service (RTDRS)
- Residential Tenancies Act (Alberta) - Queen's Printer
- Government of Alberta: Ending a tenancy and eviction information
- [1] Residential Tenancy Dispute Resolution Service (RTDRS)
- [2] Residential Tenancies Act (Alberta) - Queen's Printer
- [3] Government of Alberta: Ending a tenancy and eviction information
If you need to find alternate rental options while resolving a dispute, Find rental homes across Canada on Houseme. For more on your rights and what to expect after signing a lease, see What Tenants Need to Know After Signing the Rental Agreement and provincial summaries like Tenant Rights and Landlord Rights in Alberta.
