Legal Steps for Evicting a Roommate in Alberta: Tenant’s Guide

Living with roommates in Alberta can be cost-effective, but sometimes conflicts arise that make shared housing unworkable. If you need to evict a roommate, it’s important to follow legal steps—especially if you are not the landlord. This guide explains the process for tenants, highlights relevant legislation, and helps you protect your rights and prevent further issues.

Understanding Roommate Situations in Alberta

First, consider your rental arrangement. Are you both named on the lease with the landlord, or did one person move in informally? In Alberta, the law treats these scenarios differently:

• Co-tenants: Both names are on the lease or are in a written agreement with the landlord. Both have legal rights and responsibilities.
• Roommate/Subtenant: If only your name is on the lease, and you allowed another person to move in, that person is your 'roommate' or 'subtenant' for legal purposes, not the landlord's tenant.

The distinction is crucial for the eviction process: landlords can only evict tenants who are party to their rental agreement, while tenants must handle roommate disputes differently.

Informal Roommate Agreements: Why They Matter

If you and your roommate never signed a formal written agreement between yourselves, disputes can be harder to resolve. Consider creating a simple, written roommate contract early on, outlining responsibilities for rent, deposits, chores, and noise. Having this agreement can help if conflicts arise later.

Can a Tenant Evict Their Roommate?

As a tenant, you cannot use Alberta’s Residential Tenancy Dispute Resolution Service (RTDRS) to forcibly evict your roommate unless the person is also party to the landlord-tenant agreement. There is no formal government process to "evict" a roommate who isn’t on the lease. However, you have several options:

• Mutual agreement: Ask your roommate to move out voluntarily, offering reasonable notice.
• Written notice: Provide written notice if you have a roommate agreement stating how to end the arrangement.
• Small Claims Court: If the roommate refuses to leave despite breach of agreement (e.g., not paying rent), you may need to apply to Alberta's civil court system to seek an Order of Possession (see steps below).

If both of you are tenants (co-tenants), you cannot evict your roommate. Only your landlord can serve a notice of termination to end the tenancy for both parties, or you can both agree to move out.

Step-by-Step: Evicting a Roommate Who Isn’t on the Lease

This section outlines practical steps for removing a roommate when you are the leaseholder. If safety is ever an issue, call the police or seek legal help immediately.

1. Talk Things Through and Give Written Notice

• Start with a direct, respectful conversation. Let them know why you’re asking them to leave and when you’d like them out.
• Follow up with a written notice (email or letter) specifying the date they must vacate. Alberta law doesn’t require a particular form for roommate arrangements, but written communication creates a paper trail.

2. If a Roommate Refuses to Leave

• If the person stays past the notice date and you have a signed agreement, you may pursue an application through the Alberta Court of Justice (formerly Provincial Court) for a civil order (Order of Possession).
• Use the "Civil Claim Form (CIV 1972 Rev 2021-12)" to initiate this process. Attach any written roommate agreements or proof of rent payments.
• The court may schedule a hearing and, if granted, issue an order for the roommate to vacate. Only a civil court or the police (with an order) can forcibly remove someone.

If damages or unpaid rent are owed, you can also include this claim.

What If Safety Is at Risk or Violence Occurs?

For urgent situations involving threats or violence, contact local police immediately. You may also apply for an Emergency Protection Order through the Alberta courts. More information is available from the Government of Alberta's tenant protection resources.

Tenant Rights and Responsibilities

While navigating roommate disputes, you still have obligations under your lease. Ensure the full rent is paid, follow all house rules, and respect your landlord’s property. Alberta’s Residential Tenancies Act governs these broader responsibilities. Learn more in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

For shared spaces, cleanliness and maintenance remain everyone’s duty. See Health and Safety Issues Every Tenant Should Know When Renting for more information on your rights in a shared rental.

If you’re preparing to move out entirely, check How to Properly End Your Rental Agreement as a Tenant.

Relevant Legislation and Dispute Tribunals in Alberta

Alberta’s Residential Tenancies Act ^[1] covers most formal landlord-tenant matters. For roommate disputes, tenants use the Alberta Court of Justice – Civil Division. The Residential Tenancy Dispute Resolution Service (RTDRS) resolves landlord-tenant, not tenant-roommate, disputes.

Where to Find Homes If You Need to Move

If a shared living situation isn’t working out or you need a fresh start, Find rental homes across Canada on Houseme easily by location, budget, and amenities.

For a complete overview of your tenant rights in the province, see Tenant Rights and Landlord Rights in Alberta.

Frequently Asked Questions (FAQ)

1. Can I evict my roommate if they are not on the lease in Alberta?
   Tenants cannot formally "evict" a roommate who isn’t on the lease using provincial tenancy laws. You can ask them to leave or, if necessary, apply through the Alberta Court of Justice for an order if they refuse and your agreement is breached.
2. What’s the difference between a roommate and a co-tenant?
   A co-tenant is named on the lease with you and has equal legal rights. A roommate is not on the lease and usually only answers to you, not the landlord.
3. How do I get a roommate to leave if there is no written agreement?
   You can give reasonable notice in writing. If they do not leave, your only recourse is a civil court claim for possession. Always keep proof of your requests.
4. What if my roommate is violent or threatening?
   Contact local police immediately and consider applying for an Emergency Protection Order. Your safety comes first in all situations.
5. Do I need to inform my landlord when my roommate leaves?
   Yes, especially if it affects rent, occupancy, or if they were part of the original lease. Your landlord may want an updated list of residents.

Summary: Key Takeaways

• Tenants cannot use landlord-tenant laws to formally evict roommates—not on the lease—in Alberta. You must use civil court if needed.
• Written roommate agreements make ending arrangements easier and clearer.
• Always prioritize safety and open communication. Seek legal or police help if threatened.

Roommate issues are stressful, but following the right process helps protect your rights and maintain a safer home for everyone involved.

Need Help? Resources for Tenants

• Alberta Residential Tenancies Act
• Residential Tenancy Dispute Resolution Service (RTDRS)
• Alberta Court of Justice - Civil Division (Roommate Claims)
• Lethbridge Legal Guidance – Free Legal Advice
• Find advocacy help through your local tenant association or community legal clinic.

1. Alberta Residential Tenancies Act: Read the full legislation
2. Residential Tenancy Dispute Resolution Service (RTDRS): Official information
3. Civil Claim Form (CIV 1972 Rev 2021-12): Download from Alberta Courts