When a tenant in Alberta signs a lease or rental agreement, they become bound by its terms for an allotted period. Among other key aspects of the lease agreement, the tenant pledges to:
If a tenant fails to do any of these things, as a landlord, you have a right to end their tenancy. It’s difficult, especially if you’re a first-time landlord, but sometimes necessary. The Alberta landlord-tenant law is clear on the process that must be followed when evicting tenants.
To evict a tenant in Alberta, landlords will first need to have a legal cause such as those aforementioned. A landlord cannot evict a tenant just because they dislike them, for instance. Next, landlords must notify the tenant in writing.
Landlords can send this notice to a tenant that causes repeated lease violations. For example, disturbing the peace and quiet of other tenants by hosting large, noisy parties.
The 14-days notice essentially gives the tenant 14 days to move out of the rental property. The tenant, unlike in the case of nonpayment of rent, has no other option but to move out during that period.
The tenant has 14 days to leave the property. For example, if a landlord serves it to their tenant on the 5 th of August, then the notice will become effective on the 20 th of August and they must have moved out by then. The first day doesn’t count as that is the date that the landlord is notifying their tenant.
The following are the conditions that the notice must meet. It must:
If a landlord is terminating the lease or tenancy agreement for non-payment of rent, then they must also state that the lease will not be terminated if the tenant pays the rent owed within the notice period.
Your tenants have the right to object to 14-day eviction notices. They must write an objection notice and state in the notice their reasons for doing so. They must then send it to you as their landlord before the fourteen days of the eviction notice are over.
If they fail to do so within fourteen days, they forfeit their right to an objection and will have to move out.
Your tenant must send the objection notice through either of two options. One, by sending it through certified or registered mail. Or two, by taking it to you or your agent in person. If, however, either of those two options doesn’t work, then your tenant has an option to send the notice electronically.
Among the various lease violations tenants can object to, they cannot object to eviction due to non-payment of rent. The only option they have in the case of unpaid rent is to pay the rent owed.
The fourteen days’ eviction notice becomes null and void once a landlord receives the objection notice. Upon receiving the objection notice, you can do two things as a landlord.
One, a landlord may choose to do nothing and let their tenant continue living in their rental property. Or two, the landlord may continue with the eviction process by applying to either the Provincial Civil Court or the Residential Tenancy Dispute Resolution Service .
If a landlord chooses to fight their tenant’s objection, they will then have to send new documents to the tenant.
Landlords can serve their tenants this type of notice for three reasons. These reasons are if the tenant has caused significant damage to the rental unit if they have assaulted the landlord, or if they have threatened to assault them or other tenants.
Just like the 14-days’ notice, the 24 hours’ notice to terminate a lease must meet certain conditions. It must:
Unlike the 14-day written notice, a tenant cannot object to 24 hours’ notice. If a tenant doesn’t leave within 24 hours, then a landlord will need to seek the court’s help to have them removed within 10 days. If the landlord doesn’t apply for the court order within 10 days, they forfeit their right to remove their tenant from the rental unit.
Whether a landlord chooses to go to court or the Residential Tenancy Dispute Resolution Service, it’s important to be prepared. Gather as much evidence as possible to help back up your claims. That should include:
Failure to have the proper preparation and documentation is where most landlords stumble and see their evictions delayed or even rejected. A landlord should begin collecting their documentation before they even consider evicting their tenant.
Keep all records, whether they are emails, texts, exchanges on social media, registered emails, or even letters you may have slipped under their door. Where you spoke with your tenant on the phone, try as much as possible to recap the details and have the conversation in writing.
Doing this helps you create a clear record that you did everything possible to resolve the situation with your tenant.
In the instance of excessive property damage from a tenant, make sure you have pictures of both before and after the repairs. In addition, keep all records of any costs you incurred repairing the damages.
If you want the eviction to succeed, then the following are some of the things to avoid.
If you have specific questions, you should hire the services of a qualified Alberta attorney. Alternatively, seek help from a professional property management company like Real Canadian Property Management Solutions.
Disclaimer: This blog shouldn’t be used as a substitute for legal advice from a licensed attorney in Alberta. Laws change frequently, and this blog might not be up-to-date by the time of your reading. Do contact us for any questions you might have in regard to this content.
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