If you have received an eviction notice in Alberta, you're probably feeling worried and unsure about what comes next. The good news is that the Alberta Residential Tenancy Dispute Resolution Service (RTDRS) provides structured processes for tenants who need more time – or wish to contest an eviction legally. This article outlines lawful ways to delay an eviction in Alberta, step-by-step, and provides links to official resources and forms.

What Is a Lawful Eviction Delay in Alberta?

Delaying eviction means using your rights under the Residential Tenancies Act of Alberta to ask for more time before you must leave your rental. This typically happens when you are unable to move by the eviction deadline or if you believe the eviction is unfair.

If you receive a Termination Notice from your landlord, make sure it's valid and in compliance with Alberta law. Not all types of evictions can be delayed, so it is vital to understand which options are available based on your situation and notice type.

Acceptable Reasons to Delay Eviction

• You have not been given proper notice (incorrect dates, invalid reason).
• You require extra time due to personal hardship or a disability.
• You believe the eviction is retaliatory, discriminatory, or unfounded.
• You wish to pay back rent owed before the eviction order is enforced.

Every case is unique. Regardless of your reason, acting quickly is very important: there are strict time frames for responding to notices and filing with the RTDRS or the Court.

Your Options to Lawfully Delay an Eviction

There are several practical ways tenants in Alberta can seek to delay or challenge an eviction:

• Negotiate with your landlord: Communication can sometimes help you reach an agreement and avoid formal proceedings. If repairs or responsibilities are in question, refer to Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
• Apply for an extension through RTDRS or the Court: Official bodies can sometimes grant more time to move or issue a stay of eviction.
• Contest the eviction notice: If you believe the reason is invalid, you can file an application to have it reviewed.

How to Request More Time: Official Forms and Steps

To delay an eviction legally in Alberta, tenants usually need to apply either to the RTDRS or to the Provincial Court for relief. Below are typical forms and how to use them in practice:

1. Application for a Stay of Enforcement (Form S1)

• When to use: If the court or RTDRS has already ordered your eviction, this form asks the court to “stay” (pause) the eviction, giving you more time.
• How to use: You must file Form S1 Application for Stay of Enforcement with the Provincial Court or RTDRS – ideally as soon as possible and before the enforcement date on the eviction order.

2. Application to Set Aside Notice (RTDRS Application)

• When to use: If the eviction notice was served improperly or is not justified, apply to RTDRS right away to challenge the notice.
• How to use: Download and fill out the Application for Residential Tenancy Dispute Resolution (RTDRS). Select the option that matches your case (e.g., 'Set aside termination notice'). Submit the form online or in person, along with required evidence.

The RTDRS and Provincial Court are empowered by the Residential Tenancies Act of Alberta to delay or cancel an eviction where appropriate.^[1]

Sample Action Steps If You Need More Time to Move

• Act quickly: File your application with supporting details as soon as possible – ideally within a few days of receiving notice or an eviction order.
• Provide full details: Explain your situation, why you need more time, and what steps you've taken to resolve the issue.
• Attend hearings: You may be scheduled for a hearing (in-person or virtual) – bring documentation and be ready to answer questions.
• Follow the decision: If extra time is granted, use it to make alternate arrangements. If not, prepare to vacate by the deadline.

Tips For Tenants Hoping to Delay an Eviction

• Always respond promptly to all notices and court documents.
• Stay respectful and professional in dealings with your landlord and the tribunal.
• Maintain records of all rental payments, communication, and any issues. For best practices, see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.
• Consider outside help: tenant advocacy groups or legal aid may be able to assist.
• If eviction was due to late rent, paying the outstanding amount could resolve the situation – be sure to obtain receipts.

Delaying an eviction is a short-term solution – use any extra time you are granted to secure new housing, make arrangements for moving, or resolve the issue with your landlord.

Search and explore Houseme for nationwide rental listings if you need to find a new place quickly.

For a full overview of your rights and responsibilities as a tenant, see Tenant Rights and Landlord Rights in Alberta.

FAQ: Delaying Eviction in Alberta

1. Can I stop an eviction by paying my rent after getting an order?
   In most cases, once the eviction order is issued, payment alone may not stop the process. However, you can still apply for a stay and explain your situation to the court or RTDRS.
2. How much extra time will the RTDRS or court give me to move?
   The amount of time varies and is at the discretion of the tribunal. Typically, extensions are short (days to a few weeks) and are only approved for valid reasons.
3. Does filing an application automatically pause an eviction?
   No, unless a formal stay is granted, the eviction may continue. Be sure to request a stay of enforcement while your application is being considered.
4. Will an eviction affect my ability to rent elsewhere?
   Potentially, as future landlords may do background checks. It's important to understand what landlords look for and keep good records.

Key Takeaways: Eviction Delays in Alberta

• Act fast: Time limits for applications are tight.
• Use official forms and provide supporting evidence.
• Any delay is temporary – use extra time wisely.

Need Help? Resources for Tenants

• Alberta Residential Tenancy Dispute Resolution Service (RTDRS): Official RTDRS homepage
• Alberta Provincial Court: Landlord and Tenant Section
• Landlord and Tenant Advisory Boards: Calgary LTAB | Edmonton LTAB
• Legal Aid Alberta: Legal aid services for tenants
• Find rental homes across Canada on Houseme: Find rental homes across Canada on Houseme
• More tenant info: Tenant Rights and Landlord Rights in Alberta

---

1. See the Residential Tenancies Act of Alberta and RTDRS for legal references and forms.

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy