Evictions are uncomfortable situations that no landlord wants to face. However, it’s important to be prepared for it, be aware of the regulations, and start the eviction process abiding by the law. Whether you need to evict your tenant or want to know what to do if it happens, here’s what you need to know about evictions in Alberta.
Before Resorting to Eviction
As we said above, eviction is a stressful process that should be used as a last resort. Depending on the issue, try to solve the problem with your tenant through communication, by explaining the problem and requesting that they promptly rectify the situation. If your tenant is reasonable and changes their conduct, you could save yourself from the potential headache an eviction can cause.
If you can’t solve the conflict with dialogue, here’s how to start an eviction in Alberta.
Navigating an Eviction Process In Alberta
First, it’s important to address on what grounds a landlord can evict a tenant in Alberta. Landlords can start an eviction process when:
- The rent is not paid according to the established terms of the lease agreement;
- There’s substantial damage to the property;
- Disturbing others in the property’s premises (being noisy is the most typical disturbance);
- The tenant engages in illegal activities on the property;
- The tenant has threatened or assaulted the landlord or another tenant;
- There are unauthorized persons occupying the property or;
- There’s any other significant breach of the tenancy agreement.
In each case, the landlord needs to give a written eviction notice. The Alberta Residential Tenancies Act contemplates three types of notices depending on the situation:
- 14-day notice: used when the tenant breaches any of the terms stated in the lease agreement or there’s another person not listed in the agreement living on the property;
- 48-hour notice: used when the tenant listed in the agreement has moved out, and there’s an unauthorized occupant in the property;
- 24-hour notice: used when there is significant damage to the property or the tenant has threatened or physically assaulted the landlord or another tenant.
Besides being in writing, the notice must include the following:
- The property’s address;
- The landlord and property manager’s signatures;
- State the rent that is due and any additional rent that may become due during the notice period and;
- State the reasons for the eviction and the date the tenant must vacate the property.
It’s pertinent to note that in a 48-hour notice, you don’t need to include the reason for the eviction. In the case of the 24-hour and 48-hour notices, you must also include the time the tenancy ends.
If the eviction notice is for unpaid rent, you must also add a statement indicating that the tenancy won’t be terminated if the tenant pays the rent due on or before the termination date specified.
After the eviction notice is served correctly, the tenant can respond, objecting to the reasons stated in the notice. In this case, you must receive a written objection within the 14-day period where your tenant will explain why they disagree with the eviction.
In case of objection, or if the tenant doesn’t leave the premises at the end of the notice period, landlords can apply to the Residential Tenancy Dispute Resolution Service (RTDRS) to get third-party assistance to solve the conflict or for a Court order to get possession of the property. Note that if you have to resort to either of these options, the tenant may remain in the property until RTDRS or the Court issue an order.
Support During an Eviction in Alberta
Counting on a property manager’s assistance while navigating an eviction process is invaluable. At Amhurst, we have a staff with deep knowledge of the tenancy regulations and offer support to our clients to help them solve tenancy conflicts in the most painless way possible.
If you want the peace of mind that you have a team by your side during difficult times as a property owner, contact us.
