Eviction FAQs for Alberta Tenants: Know Your Rights
Eviction can be stressful and confusing for Alberta tenants. Understanding your rights and obligations during an eviction can make a big difference. This FAQ covers the essentials of eviction in Alberta, including notice periods, forms, legal protections, and steps you can take if you receive an eviction notice. Staying informed is the key to protecting your home and making the right decisions.
Who Can Evict a Tenant and When?
In Alberta, only the landlord can initiate an eviction, and specific rules must be followed according to the Residential Tenancies Act (RTA)1. Landlords can evict tenants for reasons such as:
- Non-payment of rent
- Repeated late rent payments
- Significant damage to the property
- Disturbing other tenants or occupants
- End of a fixed-term lease
Landlords must provide proper written notice and use the correct process, depending on the reason for eviction.
What Notice Must a Landlord Give to Evict a Tenant?
Notice periods vary depending on the reason:
- Non-payment of rent: 14 clear days’ written notice.
- End of month-to-month tenancy: 3 full tenancy months’ notice.
- End of fixed-term lease: No renewal required at lease end unless otherwise agreed.
- Substantial damage or serious disturbance: 24-hour written notice.
The notice must be in writing and state the reasons clearly. If the tenant pays the outstanding rent before the notice period ends (except in the case of a 24-hour notice), the eviction may be cancelled.
Official Forms and How to Use Them
- 14-Day Notice to Terminate a Residential Tenancy (Form): Used by landlords when a tenant fails to pay rent. The landlord must give you this form, stating the reason and date by which you must vacate. Access the official form on Alberta.ca.
- Application and Affidavit for Possession of Residential Premises (Form L1): If a tenant does not leave after receiving a valid notice, the landlord may apply to the Residential Tenancy Dispute Resolution Service (RTDRS) or court for an order of possession. See forms and instructions here.
Tenants should always request copies of any notice or application submitted.
What Should I Do If I Receive an Eviction Notice?
If you receive an eviction notice in Alberta:
- Read the notice carefully to understand the reason and timeline.
- Check if the notice meets legal requirements (correct dates, reasons, and proper delivery).
- Try to resolve the issue (e.g., pay overdue rent or fix lease violations) within the notice period.
- If you disagree with the eviction or notice, you can apply to the Residential Tenancy Dispute Resolution Service (RTDRS) to dispute it.
The RTDRS is Alberta's official tribunal for resolving landlord and tenant disputes outside of court.
Do I Have to Leave Right Away?
You are not required to leave immediately unless you receive a 24-hour notice for violence or substantial damage. For other types of notices, you must leave by the date stated, unless you reach another agreement with the landlord or successfully dispute the eviction with the RTDRS.
Your Rights During the Eviction Process
- Landlords cannot change the locks or remove your possessions without a court or RTDRS order.
- You have the right to attend hearings and present your case.
- Landlords must follow due process at all times under Alberta law.
To further understand your responsibilities and protections as a tenant, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
What Happens to My Security Deposit?
If you are evicted, your landlord must follow legal rules regarding the return of your deposit. Learn how to protect yourself with Understanding Rental Deposits: What Tenants Need to Know.
Other Common Issues During Eviction
Eviction may also involve problems like repairs, maintenance, or complaints. For guidance on common rental issues, visit Common Issues Tenants Face and How to Resolve Them.
Where Can I Find More Information?
- Alberta’s main law for rentals: Residential Tenancies Act1
- Get the facts on rights and responsibilities at Tenant Rights and Landlord Rights in Alberta
- Browse apartments for rent in Canada
Frequently Asked Questions
- What is the shortest eviction notice period in Alberta?
For serious breaches like property damage or dangers to others, landlords can give a 24-hour eviction notice. - Can my landlord evict me for non-payment of rent without going to court?
No. They must serve a 14-day written notice. If you don't leave or pay, they can apply to the RTDRS or court for an order of possession. - Is it legal for a landlord to change the locks during an eviction?
No. Landlords cannot change the locks or seize your belongings without a court or RTDRS order. - What if I believe the eviction notice is unfair?
You can dispute the notice with the Residential Tenancy Dispute Resolution Service (RTDRS). - What happens to my belongings if I am evicted?
Landlords must follow strict procedures for your possessions—they can’t just throw them out. If left behind, items must be handled according to Alberta law.
How To: Handle an Eviction Notice in Alberta
- How do I dispute an eviction notice in Alberta?
Apply to the RTDRS before the eviction date, providing evidence to support your case. - How can I pay back overdue rent to stop eviction?
Pay the full amount before the 14-day notice ends and request written confirmation from your landlord. - How do I get help with my eviction case?
Contact the RTDRS or seek help from a local tenant association or legal clinic. - How do I apply for a hearing at the RTDRS?
Fill out the application form online or in person, submit supporting documents, and attend your virtual or scheduled hearing.
Key Takeaways for Alberta Tenants
- All evictions must comply with the Residential Tenancies Act
- Notice periods and procedures depend on the reason for eviction
- Tenants can challenge an eviction through the RTDRS
- Security deposits and possessions are protected by law
Need Help? Resources for Tenants
- Residential Tenancy Dispute Resolution Service (RTDRS): File applications, dispute notices, and attend hearings
- Residential Tenancies Act and Regulations: Full legal text and forms
- Provincial tenant information: Tenant Rights and Landlord Rights in Alberta
- Free legal advice: Community Legal Clinics in Alberta
- For rental searches: Browse apartments for rent in Canada
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