How to Challenge Bad-Faith N12 Evictions in Alberta

If you’re renting in Alberta and have received a notice to end your tenancy because the landlord or their close family intends to move in, you might be wondering if the eviction is legitimate. With Alberta’s hot housing market, bad-faith evictions—where landlords claim to need the property for personal use but do not actually intend to move in—have become a growing concern for tenants.

Understanding “Personal Use” Evictions in Alberta

Your landlord can end your tenancy for personal use, which typically means the landlord, their spouse, or an immediate family member intends to move in. In Alberta, this is governed by the Residential Tenancies Act ^[1].

• Written notice is required. Landlords must give at least 90 days’ written notice before the end of a fixed-term lease, or 90 days before the intended move-out date for month-to-month tenants.
• The notice must clearly state who intends to move in and their relationship to the landlord.

If the landlord’s claim is dishonest, this is considered a bad-faith eviction and is not allowed under Alberta law. Tenant Rights and Landlord Rights in Alberta protect you against this practice.

How to Spot a Bad-Faith Eviction

• The landlord quickly relists the unit for rent after your departure.
• There is evidence that the landlord or their family never moved in.
• You discover the landlord intended to raise the rent for a new tenant.

Tenants in Alberta have a right to question any eviction that appears suspicious or unfair. According to the law, the landlord’s stated reason must be honest and legitimate, and they must follow the correct notification process.

What to Do If You Suspect Bad Faith

• Gather evidence—such as photos, online rental listings, or testimony from neighbours—that suggests no personal use occurred.
• Contact the landlord in writing to ask for more details about the move-in plan.
• Do not move out until you’ve confirmed the notice is valid, unless you are required by law.
• If you already left, document what happens in the months following your move-out date.

The Tribunal: Where Tenants Can Challenge Bad-Faith Evictions

In Alberta, disputes about wrongful or bad-faith evictions are handled by the Residential Tenancy Dispute Resolution Service (RTDRS). This independent tribunal makes legally binding decisions for both landlords and tenants.

Relevant Official Forms

• RTDRS Application for Residential Tenancy Dispute Resolution
  • When to Use: If you believe your landlord ended your tenancy in bad faith, file this application with RTDRS as soon as possible after discovering the wrongful eviction.
  • Where to Find: Application for Dispute Resolution (PDF)
  • Example: If you see your former unit posted online for rent shortly after moving out, you can file the application with your supporting evidence.

Actions to Take as a Tenant

Challenging a bad-faith eviction can feel overwhelming, but there are clear steps and resources available:

• Consult the Residential Tenancies Act or Obligations of Landlords and Tenants: Rights and Responsibilities Explained to understand your rights.
• Submit your evidence when applying to the RTDRS.
• Attend the RTDRS hearing (in person or virtually) to present your case.

If the RTDRS finds the eviction was in bad faith, you could be awarded compensation for moving costs or other damages incurred.

Moving Forward: Safeguarding Your Rights

For more on navigating the end of your tenancy, see our guide on How to Properly End Your Rental Agreement as a Tenant.

And if you’re looking for a new place, Find rental homes across Canada on Houseme.

1. What can I do if I suspect my landlord used a bad-faith eviction notice?
   If you believe your landlord did not genuinely intend to move in after evicting you for personal use, gather any evidence you can and apply to the RTDRS for dispute resolution. The tribunal can award you damages if bad faith is proven.
2. How much notice does my landlord need to give me in Alberta for a personal use eviction?
   Your landlord must provide you with at least 90 days’ written notice before ending your tenancy for personal use.
3. Can a landlord raise the rent by evicting me for personal use and then re-renting to someone else?
   No, this is not allowed. Evicting a tenant under false pretenses to simply increase rent is considered a bad-faith eviction and is not permitted under Alberta law.
4. What kind of evidence should I collect to prove my eviction was in bad faith?
   Save copies of rental ads, photos, emails, or eyewitness accounts indicating your landlord or their family never moved in or the unit was re-rented.
5. Where can I get official help or advice about a suspected bad-faith eviction?
   Contact the RTDRS, seek legal aid, or reach out to a local tenant advocacy group for help in challenging the eviction.

Key Takeaways for Tenants

• Landlords must genuinely intend to move in or house a close family member to end a tenancy for personal use.
• Challenging a bad-faith eviction is possible through Alberta’s RTDRS, and tenants may be entitled to compensation.
• Always keep detailed records, communications, and evidence related to your tenancy and move-out.

Need Help? Resources for Tenants

• Residential Tenancy Dispute Resolution Service (RTDRS): Apply to challenge bad-faith evictions, get information, or schedule a hearing.
• Call Service Alberta’s Consumer Contact Centre at 1-877-427-4088 for guidance.
• Get detailed information on Tenant Rights and Landlord Rights in Alberta.
• Local tenant advocacy organizations or legal clinics can offer additional advice and representation.

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1. Residential Tenancies Act (Alberta)
2. Residential Tenancy Dispute Resolution Service (RTDRS) - Government of Alberta

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