Eviction for Alleged Damages in Alberta: Tenant Rights & Answers

If you're a tenant in Alberta and have received an eviction notice claiming you are responsible for damages to your rental unit, it’s important to know the rules, your legal rights, and the steps you can take to address the issue. Alberta law protects both tenants and landlords under the Residential Tenancies Act, which sets out specific procedures and standards for eviction related to property damage.

When Can a Tenant Be Evicted for Damages?

In Alberta, a landlord can begin an eviction process if a tenant has caused significant damage to the property deliberately, or by being careless or reckless. However, the law does not allow a landlord to evict a tenant for normal wear and tear, such as small nail holes or faded paint.

  • The damage must be substantial and must interfere with the landlord’s ability to rent or maintain the property.
  • Landlords are required to provide evidence of the damage, such as photos, repair estimates, or inspection reports.

Minor issues, like scuff marks or worn carpet, do not count as legal grounds for eviction.

Required Notice: 24-Hour Termination

If the damage is serious, Alberta landlords are entitled to serve a 24-hour Notice of Termination (also called a "24-Hour Notice to Terminate Tenancy"). If you receive this notice, it should specify:

  • The grounds for eviction (what damage was allegedly done)
  • The date and time your tenancy will end (not less than 24 hours from delivery)
  • Your right to dispute or respond to the notice

For official notice wording, see the Alberta government’s guide to Ending a Tenancy. Forms for landlords are also available there. If you disagree with the claims of damage, you do NOT have to leave immediately—there is a legal process you can follow to dispute the eviction.

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What Steps Should Tenants Take If Accused of Causing Damages?

  • Document your side: Take photos, collect repair receipts, and write down your version of events. If you completed a move-in inspection, compare its report with new damage claims. The Guide to the Initial Rental Property Inspection for Tenants explains how inspections protect both sides.
  • Contact your landlord: If you believe the claims are exaggerated or false, communicate promptly and in writing.
  • File an application with the Residential Tenancy Dispute Resolution Service (RTDRS): This independent tribunal handles disagreements between tenants and landlords. You can apply to stop the eviction, or contest chargebacks for repairs.

To start an application with the RTDRS:

Keep a detailed record of all communications and evidence, in case your matter goes to a hearing.

What Proof Does a Landlord Need?

The landlord must show more than just a claim—evidence such as dated photos, invoices, and a completed inspection report are important. If possible, request a copy of the initial inspection compared to a move-out inspection. This also protects your right to a fair outcome regarding any rental deposit that may be held for damage repairs. Landlords cannot hold your security deposit without just cause and evidence of real damage.

How the Tribunal Process Works

The Residential Tenancy Dispute Resolution Service (RTDRS) is Alberta’s tribunal for rental disputes. Tenants can apply to:

  • Dispute an eviction notice
  • Challenge deductions from their security deposit
  • Request compensation or other remedies

Applications should be filed as soon as possible after receiving a notice. Hearings generally take place within 10 business days, and you’ll have the chance to present your side with evidence.

For a full overview of tenant and landlord obligations under Alberta law, visit Tenant Rights and Landlord Rights in Alberta.

Protecting Yourself for the Future

It’s a good idea to:

  • Always participate in move-in and move-out inspections
  • Get and keep copies of inspection documents
  • Communicate clearly and keep written records with your landlord

If you need to find a new home or want to browse secure rentals, Find rental homes across Canada on Houseme for ease and peace of mind.

Frequently Asked Questions (FAQ)

  1. Can a landlord evict me for minor damages in Alberta?
    No. Landlords can only evict for significant damage caused deliberately or through carelessness—not for normal wear and tear.
  2. What should I do if I disagree with the landlord’s damage claims?
    Collect photos, inspection reports, and communicate in writing. You can dispute the eviction through the RTDRS.
  3. How fast do I have to leave after getting a 24-hour termination notice?
    You do not need to leave immediately if you intend to dispute. Formally respond and file an application with the RTDRS for a stay of eviction.
  4. Will I lose my security deposit if accused of damages?
    Only if the landlord proves actual, excessive damage beyond normal use, after move-out. Challenge unfair deductions with proper evidence.
  5. Can I get help if I can't afford a lawyer?
    Yes, tenant support services and the RTDRS are designed to help tenants without legal representation.

Key Takeaways for Alberta Tenants

  • Eviction for damages requires proof—know your inspection rights and respond quickly.
  • Use the RTDRS to dispute unfair claims and always keep thorough records.
  • Security deposits cannot be withheld without clear evidence of excess damage.

Need Help? Resources for Tenants

  1. Alberta Residential Tenancies Act: Full text of the legislation
  2. RTDRS: Residential Tenancy Dispute Resolution Service (RTDRS) official site
  3. Alberta Government: Ending a tenancy (official government guide)

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