Eviction Process Help for Alberta Tenants: A Step-by-Step Guide

Eviction is one of the most stressful issues a tenant can face in Alberta. If you’ve received an eviction notice or worry about being evicted, it’s important to know your rights, understand the legal process, and act quickly. This guide is tailored for Alberta tenants and explains the step-by-step eviction process, the forms you may encounter, and ways to protect your home.

Know Your Rights as a Tenant in Alberta

Evictions in Alberta are governed by the Residential Tenancies Act (RTA). Both landlords and tenants have specific rights and responsibilities. Landlords cannot force you to leave without proper notice or a legal reason. You are entitled to challenge eviction notices if you believe they are unfair or not in line with the law.

For a complete overview of your rights and responsibilities in Alberta, visit Tenant Rights and Landlord Rights in Alberta.

The Basic Eviction Process and Notice Requirements

Landlords in Alberta must follow legal steps to evict a tenant. The type of notice you receive depends on the reason for eviction and whether you have a fixed-term or month-to-month agreement:

• Non-payment of rent: Landlord may issue a 14-day eviction notice.
• Breach of rental agreement (other than unpaid rent): Landlord gives 14-day notice for issues like illegal activities or significant lease violations.
• Without cause (month-to-month): At least one full tenancy period's notice is required (typically one month).

What Should an Eviction Notice Include?

• Tenant and landlord names and property address
• The specific reason for eviction
• The date the tenancy will end
• Landlord’s signature

If you receive a notice, check that it follows the rules above. Notices missing required information, or given for invalid reasons, may be invalid.

Responding to an Eviction Notice

If you disagree with the eviction notice, do not ignore it. Instead, consider the following steps:

• Try to resolve the issue directly with your landlord.
• Gather documentation (copies of notices, the rental agreement, payment receipts).
• File an application with the Residential Tenancy Dispute Resolution Service (RTDRS) if you want to formally dispute the eviction.

The Residential Tenancy Dispute Resolution Service (RTDRS) is Alberta’s official tribunal for landlord-tenant disputes.

Essential Forms for Tenants

• RTDRS Application Form (RTDRS001): Use this to dispute an eviction, seek more time, or request other remedies.
  Find the form, instructions, and online application portal at the official RTDRS forms and applications page.
  Example: If you believe the eviction is unfair or the notice was improper, download RTDRS001 to request a hearing and state your side.
• Notice to Vacate (for tenants): If you choose to leave and want to end your tenancy properly, use the official Notice of Termination form issued by Service Alberta.
  Example: Use this form if you are leaving after receiving a valid eviction notice but want to maintain a good record and ensure your deposit is returned.

What Happens After an Eviction Order?

If you lose a hearing or do not respond to notices, the landlord may obtain a Possession Order from RTDRS or the Court. The landlord cannot change the locks or remove your belongings without a court or RTDRS order.
If you require extra time to move or face unusual circumstances, you may ask the RTDRS for an extension—this is known as “relief from forfeiture.”

Protecting Your Rights: Tips and Resources

Understanding the eviction process is key to safeguarding your home. Tenants are also entitled to fair treatment and are protected from retaliation for asserting their rights.

• Document all communications with your landlord
• Ensure rent is paid on time and keep receipts
• Read the Obligations of Landlords and Tenants: Rights and Responsibilities Explained for legal basics on upkeep and notice

Searching for a new apartment in case of eviction? Find rental homes across Canada on Houseme quickly and easily.

FAQ: Alberta Tenant Eviction Questions

1. Can my landlord evict me without a written notice?
   No, Alberta law requires all eviction notices to be given in writing. Verbal notices do not have legal effect.
2. What if I pay my late rent before the eviction notice ends?
   If you pay the full amount owing (including late fees, if allowed) before the end of a 14-day eviction period for non-payment of rent, your tenancy continues and the eviction notice is void.
3. Who enforces eviction in Alberta?
   Only a court-appointed bailiff or civil enforcement agency can remove you, and only after a formal Possession Order is granted by the RTDRS or the court.
4. Can I stay if I challenge the eviction?
   Yes, filing a dispute with the RTDRS or court may pause the eviction process until a decision is made.
5. Will an eviction affect my rental history?
   Yes, formal evictions may appear on your record and affect future housing opportunities. It’s important to resolve disputes or move out properly when possible.

How-To: Steps Alberta Tenants Should Take When Facing Eviction

1. How do I file an application to dispute an eviction?
   Complete the RTDRS Application Form (RTDRS001) and submit it online or in person. Include supporting documents and clearly state your request.
2. How can I find out if my eviction notice is valid?
   Review the notice for correct format and grounds. The RTDRS and local tenant advocacy groups can assist you in checking notice validity.
3. How do I request more time to move out?
   At your RTDRS or court hearing, ask for “relief from forfeiture” and explain your reasons. Extensions are not guaranteed but may be granted for good cause.
4. How do I end my lease if I decide to move out?
   Give proper written notice using the official form and provide at least the required notice period based on your rental terms.

Key Takeaways for Alberta Tenants

• Eviction notices in Alberta must follow legal rules—check their validity.
• You have the right to dispute an eviction through the RTDRS or court.
• Always keep written records and address eviction disputes quickly.

Need Help? Resources for Tenants

• Residential Tenancy Dispute Resolution Service (RTDRS) — File eviction disputes, get application forms, and find guides on hearings.
• Alberta Residential Tenancies Act — Read the complete legislation covering tenant and landlord rights.
• Service Alberta: Ending a Tenancy — Details on proper notice and official forms for tenants.
• For general information, see Tenant Rights and Landlord Rights in Alberta

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1. [1] Alberta Residential Tenancies Act
2. [2] Residential Tenancy Dispute Resolution Service (RTDRS)
3. [3] RTDRS Forms and Applications Portal
4. [4] Service Alberta: Notice to Terminate Tenancy

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