Eviction for Disability-Related Behaviour: Alberta Rules

Tenants in Alberta who have a disability may face conflicts when behaviour related to that disability causes disturbances or property concerns. This guide explains what Alberta renters should know about their rights under tenancy and human rights rules, what landlords can and cannot do, and practical steps tenants can take when a behaviour-related eviction is threatened. You'll learn how to request accommodations, document incidents, use the Residential Tenancy Dispute Resolution Service (RTDRS) and which official forms to file. The goal is to help tenants and landlords reach safe, reasonable solutions while protecting tenancy rights and safety. If you need immediate assistance, contact tenant services and consider legal advice; this article points to official forms and steps you can take right away.

What the law says in Alberta

In Alberta the main tenancy rules operate under the Residential Tenancies Act and related regulations; human rights law also protects people from discrimination based on disability ^[1]. That means a landlord cannot evict a tenant solely because of disability without first considering accommodation and safety. If behaviour linked to a disability creates a real safety risk or significant property damage, a landlord may take action, but they must follow the rules for notices and dispute resolution and consider reasonable accommodation under the Alberta Human Rights Act ^[3].

When disability-related behaviour leads to eviction risk

Landlords commonly respond to problematic conduct by giving warnings, issuing a formal notice to end tenancy, or applying to the RTDRS for an order. Before eviction is final, tenants have rights to be heard and to request accommodation.

• Written warnings or notices to end tenancy must follow the timelines and reasons in the Residential Tenancies Act and the landlord should state the specific behaviour.
• A landlord may apply to the Residential Tenancy Dispute Resolution Service (RTDRS) for an order to end tenancy if they believe the tenant created a serious breach or safety risk ^[2].
• Human-rights protections mean accommodation requests must be considered; eviction should be a last resort when accommodation is unreasonable or would cause undue hardship.
• Tenants have a chance to respond to notices and can contact tenant support services or legal advice before a hearing.

How tenants should respond

If you receive a notice or feel eviction is possible because of disability-related behaviour, take these steps to protect your rights and safety.

• Document each incident with dates, times, witnesses and, when possible, photos or messages; keep copies of communications with your landlord.
• Submit a clear written request for accommodation describing the problem and suggested changes—include medical or professional notes when available.
• Collect supporting evidence such as a doctors note, treatment plan, or letters from support workers to explain the disability-related behaviour.
• Talk to community tenant services or legal clinics early; they can advise on negotiating accommodations or preparing for RTDRS.
• If necessary, file the RTDRS application and bring all evidence and accommodation requests to the hearing.How to Handle Complaints in Your Rental: A Tenant's Guide

When a tenant and landlord cannot agree, the RTDRS hearing will consider safety, the tenants needs and whether accommodation would be reasonable. The tribunal can make orders that balance rights and safety, not just evict automatically ^[2].

Official forms you may need

• Application to the Residential Tenancy Dispute Resolution Service (RTDRS): used when a landlord or tenant asks the RTDRS to resolve a dispute; file this when you want a formal hearing and ruling ^[2]. Example: you file this form to challenge a notice to end tenancy and request remedies or accommodation orders.
• Notice to End Tenancy (for cause): landlords must use the correct notice format and state grounds; tenants should read the notice carefully and respond within the prescribed time. Example: a 14-day notice for serious damage must identify the conduct and give the tenant the chance to respond ^[1].
• Alberta Human Rights complaint forms: if you believe eviction is linked to disability discrimination, you may file a complaint with the Alberta Human Rights Commission; this is separate from RTDRS and focuses on discrimination claims ^[3].

For practical help with complaints and documentation, review tenant rights pages and consider community legal clinics. See provincial resources below and, if you need to find a new rental while resolving a dispute, you can Explore Houseme for nationwide rental listings to compare options.

FAQ

Can my landlord evict me solely because of behaviour linked to my disability?

No. Landlords must consider accommodation and follow the Residential Tenancies Act and human rights rules; they can only evict after proper notice and adjudication if safety or undue hardship cannot be addressed.

What evidence should I bring to an RTDRS hearing?

Bring dated records, messages, witness statements, medical or support-worker notes, and any written accommodation requests you made to the landlord.

Where can I get help preparing an accommodation request?

Contact tenant advice services, legal clinics, or your health provider to help describe the disability, functional limitations, and proposed accommodations.

How-To

1. Document incidents with dates, times, witnesses and copies of messages or photos.
2. Submit a written accommodation request to your landlord and keep a copy.
3. Gather supporting documentation from health professionals or support workers.
4. Contact tenant services or a legal clinic for guidance and representation options.
5. File the RTDRS application if you cannot resolve the issue informally and prepare evidence for the hearing ^[2].
6. Attend the hearing, present evidence, and request specific accommodation or remedies as part of your application.

Key Takeaways

• Disability-related behaviour triggers legal duties to accommodate before eviction is final.
• Document everything and submit written accommodation requests to strengthen your case.
• The RTDRS and human rights process are available to resolve disputes and address discrimination concerns.

Help and Support / Resources

• Residential Tenancy Dispute Resolution Service (RTDRS) - apply and hearings
• Government of Alberta - Tenant rights and responsibilities
• Alberta Human Rights Commission - discrimination complaints

1. [1] Residential Tenancies Act (Alberta) - Queen's Printer
2. [2] Residential Tenancy Dispute Resolution Service (RTDRS) - Government of Alberta
3. [3] Alberta Human Rights Commission - complaint information