My tenant has disappeared: what can I do?

Alberta's Act uses the word abandoned without defining it. A landlord can accept the abandonment as ending the tenancy and claim the rent lost, but must take reasonable steps to re-rent the unit. If a person who is not a tenant is still living in the unit, the landlord can give that person 48 hours' written notice to vacate.

Belongings the landlord reasonably believes are worth less than $2,000 in total may be disposed of. Otherwise the landlord must store them for 30 days after the abandonment, then sell them at public auction, or by private sale with a court's approval. Goods can be sold sooner if storage would be unsanitary or unsafe, would quickly destroy their value, or would cost more than a sale would bring. The tenant can take the goods back by paying the landlord's removal and storage costs. The sale pays those costs and any debt the tenant owes the landlord, and the surplus goes to the Minister. Landlords must keep records for at least 3 years. We found no required notice to the tenant before disposal in the Act or regulation, so sending one is wise.

For belongings, a landlord may treat property as abandoned if the tenant leaves it after the tenancy ended, or if for a continuous month the tenant has not ordinarily lived there or paid rent, or has removed substantially all their belongings. In that second case the landlord also needs the tenant's express notice that they will not return, or circumstances in which they could not reasonably be expected to return. These rules apply to property abandoned on or after April 9, 2025.

The landlord must take reasonable care, store the property safely for at least 30 days, keep a written inventory and disposal records for 2 years. At least 30 days before disposing of an item, notice goes to anyone with a registered financing statement or a known claim, and is published in a local newspaper. Items worth less than $1,000 in total, items that would cost more to store and sell than they would bring, and unsanitary or unsafe items can be disposed of sooner. Medical equipment, framed or personal photographs and items the tenant identified in writing as personal must still be kept for the 30 days. The landlord can ask for unpaid rent and costs such as cleaning through dispute resolution.

Abandonment ends the tenancy, but the tenant stays liable for lost future rent, and the landlord must try to re-rent the unit as soon as practicable and minimize its loss. For a fixed-term agreement abandoned without notice, the landlord may charge an administration fee of up to $75.

Belongings with no monetary value, or that are unsanitary or unsafe to store, can be disposed of. If storing something would cost more than it would sell for, the landlord may give it to a charity or non-profit, or dispose of it. For anything else of value the landlord must try to contact the tenant, prepare an inventory on the prescribed form, give a copy to the Branch and the tenant, and store the goods safely for at least 60 days. Personal papers and photographs are also held for 60 days. After that the Branch directs the sale or disposal, and the landlord may keep its costs and any compensation order. A landlord cannot hold a tenant's belongings for unpaid rent or damages.

A landlord who claims compensation for lost rent when a tenant leaves must do whatever is reasonable to minimize the loss (s.8(2)). For belongings worth $1,500 or less, in the landlord's reasonable estimate, no order is needed. Before removing, selling or disposing of them, the landlord must make reasonable efforts to find the tenant and be reasonably satisfied that the tenant cannot be found or has made no reasonable arrangements for the goods.

For belongings worth more than $1,500, the landlord applies to the Office of Residential Tenancies for a Property Disposition Order, after the tenancy ends and within a year. The government page lists what to include: proof of contact attempts, an itemized list with values, any vehicle identification number and photos. We found no minimum storage period or required written notice in the Act, regulations or government page. For goods the landlord disposes of under the $1,500 rule, any proceeds left after deducting amounts an order says the tenant owes go to the Office for the tenant. A landlord who disposes of goods improperly is liable to the tenant.

A landlord who believes the unit is abandoned applies to the Landlord and Tenant Board for an order ending the tenancy. Changing the locks on a unit that is not truly abandoned is illegal. A landlord who claims lost rent is expected to take reasonable steps to limit that loss.

Before disposing of belongings in an abandoned unit, the landlord must either obtain that order or give notice of the intention to dispose to both the tenant and the Board. Unsafe or unhygienic items can go immediately. Other items can be sold, kept or disposed of once 30 days have passed. If the tenant says within those 30 days that they will collect the property, the landlord must make it available, and may first require payment of rent arrears and reasonable moving and storage costs. If the tenant claims sold property within six months, the landlord pays over the proceeds, less costs and arrears.

The landlord must still limit its losses when a tenant abandons the unit, and clauses that accelerate future rent are void. Belongings left behind are handled under s.15 of the Act: the landlord stores them somewhere safe and secure, tries to contact the tenant and keeps a record, and applies to a residential tenancies officer for a decision and directions with an itemized list. The government says a landlord must release belongings even if money is owed.

What happens next depends on the officer's findings. The officer may authorize disposal of unsanitary or dangerous items without delay. If the officer finds items worth less than $500, the landlord may dispose of them once at least ten days have passed since they were left. For items worth $500 or more, the officer may authorize sale or disposal where the value is no more than the tenant owes, and otherwise the items are stored and may be sold at the end of the storage period. Do not dispose of belongings before the officer's decision. Disposing of belongings outside these steps is an offence, and a tenant can apply for compensation within three months after the belongings were left.

The landlord must try to limit its losses when a tenant abandons the unit. The government guide says a tenant who leaves without proper notice stays responsible for the lease until the landlord can re-rent the unit. A landlord cannot hold or dispose of a tenant's belongings except under a Director's order or as the law otherwise allows.

For abandoned belongings the landlord prepares an inventory, files it with the Director and sends a copy to the tenant, or to the next of kin named on the lease if the tenant cannot be reached. If the items are worth $500 or less in total, the Director may authorize disposal after 30 days. If they are worth more, the Director may authorize a public sale after 30 days. Unsanitary or unsafe items can be disposed of right away, with the inventory filed within 10 days. Items with no monetary value, or that cost more to sell than they would bring, can also be disposed of right away. Sale proceeds go first to rent owed, then to storage costs or damages, and any balance goes to the Public Trustee. Improper disposal can leave the landlord liable for the value of the goods.

The landlord must limit its losses when a tenant abandons the unit. Once the three conditions are met (moved out, tenancy not properly ended, rent overdue), the landlord posts the entry notice and can then take possession. Belongings must be stored safely, off site or on the property, for at least one month unless the Director orders a shorter period. The landlord gives the Director an inventory and gives the tenant a copy if the tenant can be found.

The landlord may apply to dispose of property early if it has no value, if storing or selling it would cost more than it would bring, or if storage would be unsanitary or unsafe. Within the month the owner can reclaim the property by paying reasonable removal and storage costs. After the storage period the landlord may sell on the Director's terms, and the proceeds go to the Director, who holds them in trust. A landlord may not seize abandoned property to cover unpaid rent.

If rent is paid up, the landlord may not take possession even if the tenant seems to have left, and late rent alone is not enough. After posting the 24 hour notice the landlord must still limit its losses. Belongings must be stored safely, off site or in the unit, for at least 30 days counted from the day they go into storage, and the landlord gives an inventory to the Residential Tenancies Office and to the tenant if the tenant can be found.

After the 30 days the landlord may apply to the director for permission to sell. The director may also allow disposal of items with no value, items that cost more to store than they would sell for, and items that are unsanitary or unsafe. Obvious garbage may be thrown out without permission. Sale proceeds, after the landlord's costs, go to the director. A landlord may not keep or sell belongings to cover unpaid rent. None of this applies if the landlord and tenant agreed in writing about storage.