How to Evict a Tenant in Alberta

In Alberta you cannot remove a tenant yourself. The process under the Residential Tenancies Act has three parts. First you serve a written notice that matches a lawful reason. If the tenant does not leave, you apply to the Residential Tenancy Dispute Resolution Service (RTDRS) or to the Alberta Court of Justice for an order. If the tenant still does not leave after the order, a civil enforcement agency (a bailiff) does the removal.

The decision maker is a tenancy dispute officer at the RTDRS, or a judge in court. Your job before any of that is to pick the right ground, use the right notice period, and keep the lease type in mind, because a fixed term lease and a periodic (month to month) tenancy are treated differently. The tenant-side view of the same process is in our Alberta eviction process guide.

There is no winter restriction. The Service Alberta Handbook states that the Act does not stop a landlord from ending a tenancy during the winter months.

Which ground you use decides the notice and the next step.

• Unpaid rent: at least 14 days notice. The tenant cancels the notice by paying all rent owing on or before the termination date.
• Other substantial breach: at least 14 days notice, or you can apply to the RTDRS or court straight away. A substantial breach means breaking one of the tenant's basic promises in the Act: paying rent when due, not significantly interfering with the landlord or other tenants, no illegal acts or illegal business, not endangering people or property, no significant damage, keeping the unit reasonably clean, and moving out at the end. A series of smaller breaches can count if the combined effect is substantial. The tenant can object in writing before the 14 days end, and then you must get an order.
• Significant damage, or an assault or threat of assault: at least 24 hours written notice that states the date and time the tenancy ends. If the tenant stays, you have 10 days after the tenancy ends to apply to the RTDRS or court.
• A person living there who is not a tenant: at least 14 days notice to vacate, given to that person. If the person has abandoned the unit, the notice period is 48 hours.
• Periodic tenancy, no tenant fault: only for a prescribed reason, with 3 tenancy months notice for a monthly tenancy. See our guide to landlord notices by reason.
• Fixed term: you cannot end it early except by agreement or for a substantial breach. It ends on its end date without any notice.

The Government of Alberta page on ending a tenancy lists these notices and what each must say.

1. Pick the ground and check the lease. Is it a fixed term or a periodic tenancy? Is the reason unpaid rent, a breach, or a prescribed no-fault reason?
2. Write the notice. It must be in writing and signed. A notice for unpaid rent must also say that the tenancy will not end if the tenant pays the rent owing on or before the termination date. A no-fault periodic notice must give the address, the reasons and the termination date. The Regulation has sample notice forms, but they are not mandatory.
3. Serve it and count the days. The Act requires 14 clear days for a 14 day notice. The Handbook explains that the day of service and the last day do not count, so allow about 16 days in total.
4. Wait for the result. If the tenant pays all rent owing, the rent notice stops working. If the tenant objects in writing to a breach notice, you cannot proceed without an order.
5. Apply to the RTDRS or the Alberta Court of Justice. Serve the other party at least 3 clear days before the hearing. RTDRS hearings are by telephone. The officer either decides at the hearing or gives a written decision within 30 days.
6. File the order. An RTDRS order does not take effect until it is filed with the Court of King's Bench and served on the tenant. An order from the Alberta Court of Justice is entered in the Court of King's Bench the same way.
7. Hire a civil enforcement agency. Only the agency may remove the tenant and the tenant's belongings.

The government pages reviewed do not publish a wait time for hearings or enforcement, so any timeline is an estimate. Do not promise one to anyone. If you already served a notice and the tenant stayed, go to what to do when a tenant will not leave after notice.

• Do not change the locks to force a tenant out or to keep them from getting in while they still live there. Neither side may change locks without the other's consent, except that a landlord may change locks if the tenant is given a key as soon as the change is made.
• Do not remove the tenant or their belongings. The Handbook says landlords are never allowed to physically remove an overholding tenant or their belongings without civil enforcement.
• Do not cut off heat, water or electricity. The Minimum Housing and Health Standards require the owner to keep these supplied unless the lease makes them the tenant's sole responsibility. The standards have no exception for unpaid rent.
• Do not retaliate. You may not end a tenancy, or take retaliatory action such as a financial penalty, only because the tenant applied, complained or gave evidence under the Act or the Public Health Act.
• Do not enter without proper notice. Entry needs written notice at least 24 hours ahead, between 8 a.m. and 8 p.m., for a reason listed in the Act. Emergencies and abandonment are the exceptions.
• Do not discriminate. Ending a tenancy without reasonably accommodating a tenant's physical or mental disability is an example the Alberta Human Rights Commission gives of discrimination.

Breaking the entry, lock or retaliation rules is an offence with a fine of up to $5,000.

The tenant objects to a breach notice. The notice is ineffective and the tenant may stay until an RTDRS or court order is made. Apply for the order.

You served a 24 hour notice and the tenant stayed. You must apply within 10 days after the termination date. If you do not, the notice is ineffective and the tenancy is treated as never terminated by it.

The tenant says the order was unfair. A party who missed the hearing through accident, mistake or insufficient notice can ask the RTDRS to set aside or vary the order within 20 days. A party can appeal to the Court of King's Bench on a question of law or jurisdiction within 30 days after the order is filed. An appeal does not stop the order unless the court says so.

The tenant leaves without a valid notice. You can claim rent until the lease ends, but you must take reasonable steps to re-rent the unit. If goods are left behind, follow the abandoned goods rules in the Act rather than disposing of them freely. Goods under $2,000 in market value may be disposed of; others must be stored for 30 days before a public auction or a court-approved private sale. Those rules do not apply to goods left when a civil enforcement agency carries out an order of possession.

For fees and filing, the RTDRS charges by claim amount: $75 for claims of $7,500 or less and $150 for claims over $7,500, and fee waivers are available. See the RTDRS page for the current schedule.

Start by confirming the ground and the notice period for your situation. If the problem is unpaid rent, read our guide to a tenant not paying rent in Alberta. For a plain-language overview, see how to evict a tenant.

Keep copies of every notice, the proof of when and how you served it, and your rent records. Those are what you will bring to a hearing.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.