Landlord’s Notice to Vacate to Non-Tenants in Alberta: Guide

If you’re living in a rental property in Alberta but are not named on the lease, you may receive a Landlord’s Notice to Vacate to Non-Tenants. This notice is a legal form used by landlords to ask people who are not official tenants to leave a rental property. This article explains what the notice means, what your rights and options are, and how the eviction process works under Alberta law.

Who Is Considered a Non-Tenant?

In Alberta, a non-tenant is someone who is residing in a rental unit but is not listed on the rental agreement. Common examples include:

• Guests who have overstayed their welcome
• Family members or friends of the tenant who remain after the tenant has moved out
• Persons occupying a unit without the landlord’s consent

Non-tenants do not have the same legal protections as tenants under the Residential Tenancies Act (RTA).

The Landlord’s Notice to Vacate to Non-Tenants Form

The official form used in Alberta is called the “Notice to Vacate to Non-Tenants” (Form 15). You can find the form and instructions on the Alberta government’s official eviction forms page.^[1]

When Is This Form Used?

A landlord will use this notice when they want a person who is not legally recognized as a tenant to leave the rental unit. For example, if someone remains in the rental after a lease has ended, or if someone moves in and the landlord did not approve them as a tenant, this form can be served.

How Is the Notice Served?

The landlord must deliver the notice in person, by registered mail, or by posting it in a visible spot at the property. The notice typically gives the non-tenant a time frame (often 14 days) to vacate.

What Should You Do If You Receive a Notice?

If you receive this notice as a non-tenant, it’s important to know you may not have the same rights as a tenant, but you still have options. The most important steps include:

• Read the notice carefully to see how much time you have to leave
• Contact the landlord to clarify any concerns
• Seek legal advice if you believe you have a right to stay or if special circumstances apply
• Prepare to move out before the deadline to avoid forced removal

Eviction and Enforcement: What Happens if You Don’t Leave?

If you do not move out by the date set in the notice, the landlord may apply to the Residential Tenancy Dispute Resolution Service (RTDRS) or the provincial court for an order of possession. Enforcement will then involve law enforcement if a granted order is not obeyed.

Tenants’ Rights and Responsibilities

If you’re unsure whether you’re a tenant or non-tenant, review your rental agreement and talk to the landlord. Being on the lease gives you more legal protection under the Tenant Rights and Landlord Rights in Alberta. To learn about your ongoing rights and obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

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Related Forms and Official Resources

Other common eviction forms in Alberta include:

• Notice to Terminate a Periodic Tenancy (Form 1, 2, or 3)
• Notice to Terminate for Substantial Breach (Form 4)
• Application for Possession Order (filed with RTDRS or provincial court)

Always check you’re using the correct form for your situation, available on the Alberta government eviction forms page.^[1]

FAQ: Landlord’s Notice to Vacate to Non-Tenants in Alberta

1. What is the difference between a tenant and a non-tenant in Alberta?
   A tenant is someone legally recognized on the lease agreement, while a non-tenant is not. Non-tenants do not have the same legal protections under Alberta’s Residential Tenancies Act.
2. How much notice does a landlord have to give a non-tenant to vacate?
   Usually, the notice is 14 days, but always check the official notice form for the specific deadline.
3. Can a non-tenant dispute the notice to vacate?
   In rare cases, if you believe you’re a tenant or there are special circumstances, you may apply to the Residential Tenancy Dispute Resolution Service (RTDRS) or provincial court for a hearing.
4. What happens if a non-tenant does not leave after the notice period?
   The landlord can apply to the RTDRS or court for an order of possession, which can then be enforced by law enforcement.
5. Where can I find official information and forms?
   Visit the Alberta government eviction forms page for current forms and details.^[1]

Key Takeaways for Alberta Tenants and Occupants

• Non-tenants can be legally required to vacate with proper notice
• The Landlord’s Notice to Vacate to Non-Tenants (Form 15) is the standard Alberta form
• Disputing the notice is only possible in specific circumstances
• If in doubt, review Tenant Rights and Landlord Rights in Alberta or seek legal help

Need Help? Resources for Tenants

• Residential Tenancy Dispute Resolution Service (RTDRS)
• Alberta Residential Tenancies Laws & Rules
• Alberta Landlords and Tenants Advisory Boards and tenant advocacy organizations
• Service Alberta Consumer Contact Centre: 1-877-427-4088

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1. Official Alberta eviction forms and instructions
2. Residential Tenancies Act (Alberta)
3. Residential Tenancy Dispute Resolution Service (RTDRS)

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