I receive a considerable amount of emails and searches on our blog regarding evictions every week and quite often, it is the same or very similar questions. Here is a list of my top five eviction questions to help you out.
1) Alberta Eviction Question One – Can a tenant be evicted in the winter in Alberta?
- a. It’s cold outside, the weather can be frightful, but yes if a tenant doesn’t pay their rent or causes a serious breach of the rental agreement they can be evicted. The tenant and the landlord have a contract that both sides have to uphold and is regulated under the Residential Tenancies Act of Alberta.
2) Alberta Eviction Question Two – Can a landlord cut-off utilities to make a tenant leave?
- a. Absolutely not, if the landlord shuts off heat, water or any other utility that he is responsible for paying they can be fined and find themselves in a very bad spot. The secondary question that comes with this is no, you cannot take the front door away for repair either, nor can you change the locks on the tenant without going through the proper procedures.
3) Alberta Eviction Question Three – How expensive is it to evict a tenant?
- a. If you go through the Residential Tenancy Dispute Resolution Service (RTDRS) there is a $75 filing fee to have a hearing. If the hearing officer decides in your favour, the tenant is responsible for paying you the $75. Unfortunately collecting the outstanding $75 can be much harder than winning the hearing. If you win the hearing and the tenant still does not vacate it can cost you another $400 to hire a bailiff and have the tenant removed.
- b. There are also full service eviction companies that will charge you from $600 to $1,000 and up for the service and depending on how much additional work is required the fee will continue to increase.
4) Alberta Eviction Question Four – Do I need a bailiff to evict a tenant?
- a. For most evictions, you can complete the entire process yourself through the RTDRS and may not require a bailiff. The only time during the eviction process that you absolutely require the bailiff is if the tenants receive an order from eviction and do not vacate the premises. At this point, you require a bailiff to serve the tenant(s) with the writ of possession which gives you your property back and allow you to legally change the locks and allow the police to charge the tenants with trespassing if they return.
5) Alberta Eviction Question Five – What is the fastest way to evict a tenant?
- a. Each circumstance is different, but generally, the quickest method is to file immediately with the RTDRS and get a hearing date. This will be the quickest sure fire method to evict a tenant. You can provide a 14 day eviction notice to a tenant, and then if it appears they will not be vacating you can file at RTDRS, but it will add an additional week or more to the process.
- b. In the case of a tenant causing serious damage to the property or threatening the landlord or other tenants, you can provide them with a 24 hour eviction notice. Once again, if they do not vacate you still have to file with the RTDRS and go through the process.
Hopefully these provide you with some answers that help you move forward, either as a landlord or as a tenant. As a bonus, here is one additional eviction question.
Alberta Eviction Bonus Question – How long does an eviction take?
- If you follow the systems we recommend (including properly screening tenants), a landlord can have their property back and the tenants evicted in approximately 15 days. Depending on the circumstances, the hearing officer may allow the tenant to stay on and make additional payments to catch up outstanding rent on a set schedule. If they miss any of the payments on this set schedule, you can take your property back within a few days.
If you are a landlord and found this site while you were searching for eviction help please take a minute to register so you can receive any further updates we have regarding evictions, landlording, and what is happening in the Alberta economy and Real Estate market. Click here to Register to receive updates.
I’ve recently completed a new site that includes many helpful hints and suggestions for landlords looking to evict tenants, or for tenants trying to understand the process. You can find the site at http://www.albertaeviction.com or click on the button below!
Finally if you have some eviction stories, insights or questions to leave me a comment and I will answer back as quickly as possible! Here is some more additional eviction information for you;
The Eviction Process – an Extended Walkthrough of an Eviction
Police Tactical Visiting is a Great Reason To Evict!
Landlord Tips – Filling Vacancies and Saving Headaches!
Watch the following video to understand how you can feel if you don’t take action!
Hi, I really like you blog and newsletter, they are very interesting and useful. By the way, I can’t find any article written by you explaining how do you implement the “properly screening tenants” as you mention in this article, that would be a good topic. Keep the good work, Daniel.
Hi Daniel,
Some of the links were at the bottom of the articel, but you can also find them here,
Random Landlord Tips
Filling Vacancies – Screening tenants
Thanks for the comments and glad youa re enjoying this!
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If I applying for assistance and the system has made an appointment fir me in 15days and stated to bring my eviction notice with me will the landlord still be able to evict me as I was unfortunately unable to cover my rent and currently waiting fir assistance or a job
So it sounds like you have applied for rental assistance somewhere, but you cannot get in to see them for 15 days, meanwhile you currently have been served an eviction notice? Let me know if I misread this.
If you do not pay before the eviction notice comes due, yes you can be evicted. If you currently have an eviction notice and bring the paperwork in with you to whoever is assisting you, they may be able to rush the payment through the system. Note that you will have to pay the rent in full as well, a partial payment wouldn’t count as a temporary reprieve.
I have a question I have been living in my new home since oct 1 2010
I live in a condo/townhome that is run by a commitee board..
Double parking t.v playing and trying to wake my children up to open the door for me as she slept as I forgot my key. Has turned into me getting a 24hr notice to move?
My landlord knows the neighbours and has said he has gotten several complaints I have not received any documents but what is the legal process for eviction in alberta? I have also had the police come to my home as a result of my ex husband but my landlord assumes it was not.. help!!!! mother of 3
Hi Kim,
I’m a bit confused, perhaps you can explain more. Double parking, playing your TV and talking to the building manager are the reasons stated on the 24 hour eviction? Or what was the reason in the eviction notice? Normally a 24 hour eviction would require a tenant threatening other tenants or the landlord or the tenants causing damage to the property.
If you are being given a 24 hour notice, they have to serve you with the eviction notice, it has to state the reason why and it has to provide a timeline for when you are supposed to be out. If they haven’t served you a written notice and it is just verbal it isn’t valid. Without more knowledge of the actual situation it is difficult to determine your status.
Can you provide the reasons stated on the eviction?
Hi Bill, I have a eviction question for you, if you have two tenants on a lease and one breaches the lease by moving out, can you evict the other one?
Hi Kristi,
Sorry for the slow reply, I didn’t see he comment for some reason. I haven’t run into this question before. I’ve had couples split up and one of them asking if they can stay, but never felt the need to evict the other one. Is there a reason for wanting to get rid of the remaining tenant? It may come down to that more than the aspect of them breaching in this case for one of them leaving. My concern if you don;t have a valid reason for wanting to evict them the courts would rule in their favour.
You could call the Alberta Landlord and Tenant line, that may help. It would be interesting to hear their response.
Regards,
Bill
I have been renting to tenant for a year now. She has been late on her rent a number of times. She has asked us twice to switch the dates the rent was due still she is late almost every month. I have talked with her a number of times about this. Last month I gave her a written wornning that she will receive a eviction notice if she is late again. She wants do a rental perchase contract but I dont feel safe in getting on that kind of contract with her. What should I do??
Hi Kevin,
Just to clarify, you have changed the date that rent was due and she was till late? If that’s the case she hardly sounds like the type of tenant you want to hold onto and entering into a rental purchase contract would lock you in for a while, sort of. The caveat there would be any sort of rental purchase be it via lease option or rent to own (really they are the same thing) would require a larger deposit up front that is forfeited if they breach the lease or walk away. Since she currently cannot make rent, putting up a sizeable good faith deposit would be a stretch as well.
If you have been tracking and documenting all of the late payments and have email and other correspondence between the tenant as evidence you can evict for continual late payments which is a breach of the lease. Here’s a link explaining what you can do from a sister site I also run, What To Do When Tenants Pay Late All The Time
Let me know how it works out and you can leave a comment on the other site if that was helpful.
Regards,
Bill
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Hi Bill, I have aproblem with tenants in the Fort McMurary. Is there anyone who can kick them out in Fort McMurray. Tell me the phome number please
Hi GTG,
I believe you can talk to Kim at Associated Eviction Services. She is based out of Edmonton, but also does some work in Fort McMurray. You can find her site at http://www.evictionservices.ca or call her at 1-780-455-1101 and let her know I referred you.
Regards,
Bill
Where can I find advice about eviction of an adult child. He is 21 and not going to school or paying rent. He refuses to do anything except sleep and be on-line. We have gone to counselling and was told by the doctor that if he doesn’t want to help himself then there is nothing counselling can do to help. Would we go through these steps to evict him or does this fall elsewhere?
Hi Sylvia,
In this case I think you can simply tell him to leave. He’s not renting from you, he is your child that you are kicking out. Tell him what day you want him out (sooner the better), let him know you are changing the locks and that if he is back on the property without permission you will charge him with trespassing. It’s tough love, but at 21 it’s time for him to grow up.
Bill
P.S. I’m not a lawyer, but when your parents kick you out, you need to leave!!!
I was renting this place at a lower price a month to help a couple of people out while I finish some work in the house for a few months. Worte up a lease for three months. Just wondering. They know that when the three months is up the rent will go up and they are fine with the price I said. (but there is to many people and at the time when I’m done the work I only would like two there. Just saying what if I dont want them in the place in three months. 2nd question – If for some reason they they dont leave can I increase the rent to somthing that they dont like or cant afford. Then find other tenants.
Thanks
If you wrote the lease for a fixed term, you can choose to simply not renew it and then they have to leave. In a situation like that though I would give them 30-45 days notice that you aren’t renewing so they have ample time to find a new place.
If they don’t leave, it’s a fairly simple process to evict them for overholding. You can find more information at http://www.AlbertaEviction.com
Regards,
Bill
Hello, I have a roommate that I don’t want living there anymore. He is not on the lease. How much notice do I have to give him. I need him out! Breaks all the rules set by the landlord. Should I ask the landlord to kick him out and how much notice? Thanks.
Hi Kyle,
Are you subletting to him, or are you both on the lease. Depending on this it can change how you have to deal with it. If you are are both on the lease and he is breaking the rules, you are both responsible for the place and could both be evicted.
If you are subletting to him, and he is paying you, you fall under the Innkeeper’s Act versus the Residential Tenancy Act and can evict him almost immediately.
You can find out more about this over at http://www.AlbertaEviction.com, specifically do a search for Innkeeper’s Act and there are some huge discussions going on over there to help people understand the difference and how it applies ot them.
Bill
Bill,
Would storing a motorcycle in the living room of a property be considered a substantial breach? I’m thinking it is, for potential damage or at the least a fire hazard.
Thank you in advance for your reply.
Hi Chris,
Sorry for the very late reply, but yes I could see that fitting as a breach. Most leases these days have sections that refer to hazardous items in the house and it’s not much of a stretch to call a vehicle hazardous. Just to cover yourself, I would likely start with a letter to them advising them that storing the vehicle in the property is unacceptable and continuation of it or a repeat of it will be grounds for offense. There is a chance they simply don;t know any better, but more realistically they simply don;t care because they only rent there.
Bill
Hi Bill….I have a rather convoluted situation ….
My Mom and Step Dad are desiring to get rid of a tenant who happens to be a former family member (daughter in law) who has been living in my late Brothers house for the last decade or so….since my brother died and since the House is in my Mothers name as my late father would have it as such, my Mother and Step Dad now want her out so they can sell the place…
Their was never any lease signed because it was my Moms son living there until he passed last year….the daughter in law has it in her head that the house belongs to her but the reality is that my late brother never left any kind of will or direction indicating that and regardless, my Mother is the house owner by title…..
Now for my own edification, what is the process for my Mother to get the tenant out of the house so she can sell her property……..right now, my Mom does have her Lawyer working on it but I wondered how long will this process take…..
As I stated earlier, their is no lease agreement so what does my Mom have to abide by in terms of evicting her tenant….
Thanks
Devon
Hi Devon,
Remember, I’m not a lawyer, so this is just based on my opinion and what I understand about evictions and rental property. So here goes.
I would start by giving her written notice that the property is being sold and that she needs to be out in 90 days. The 90 days should be three full months, so she would have to be out by November 1st. I would also include the info that the property was never the brother’s, but always the mothers and then provide soem additional info explaining the situation and backing it up.
I’m reading between the lines here and assuming there may be some bad blood, if so you have to determine whether it’s worth making some peace to get the property sold or you would prefer dragging this out until next year. If you want to accelerate it, make an offer to give the former daughter in law enough cash to cover her security deposit and first month’s rent, if she moves out right away, maybe even increase it to two or three month’s rent as an additional incentive.
If there is no lease, you fit into a gray area. Was there a verbal agreement that the property would one day be the brother’s? Was there any type of agreement for the brother to pay the mortgage and if so has the daughter in law carried this forth? The mother is on the title, but who is on the mortgage and/or is the property paid off? There are literally dozens of different scenarios that could play out from this and the daughter in law may have the potential to drag this out for years depending on what those scenarios involve.
You would have to establish your brother and sister in law were indeed tenants, that there wasn’t any other agreement about eventually owning the home, or that there wasn’t anything else in place other than simple tenancy. If you can do that, it might boil down to three months, if you can’t, well the only people who will be happy are the lawyers as it drags on for a while.
Regards,
Bill
Thanks for the answer Bill….my Mother is on the Mortgage as well as the house title and the occupant has already been given 90 days notice and that is up on August 15 of this year….yes their is some bad blood to be sure….no my Brother never left anything indicating what he would have done with the house….not written anyways…..and he owed my Mom and Step Dad a fortune…hence the reason they are eager to get their former Daughter in Law out of the house and sold and being that it is in Varsity, it is a pretty nice place and worth a few dollars.
Yes…I am seeing this already drag out…and of course the Lawyers on both sides love this…..but my Mom has been a Landlord in Alberta and Arizona….she is pretty used to this but this is unique because it was family at least by marriage…..
Nothing was really ever agreed on written wise but perhaps some verbal agreements but knowing my Mom, she never would have committed to the house being ever handed over to her daughter in law and neither would have my late Father…..indeed, in my Dads will, he leaves everything to me, my late brother and his ex wife….that is my Mom……
Their is no lease…all my brother did was pay my mom for the mortage on a monthly basis…..and his widow has been doing the same for the last 7 months but she was short this past month and late…..she has no job and she is getting late on the utilities…..
It is only a matter of time but my Mom would like this over quickly….of course that rarely happens …..
Thanks for your insight and any additional ideas.
Devon
I would add my Mom did make a cash offer to get her out but the daughter in law is adamant that she wants the whole place …..obviously that isnèt going to happen and no offer now will be forth coming….
Also, no the house is not paid off….about 140 000 still left owing……
Thanks
Devon
Bill,
I have a room mate that I am trying to evict, she is on a month to month lease. She does not pay her rent on time. Her on-suite flooded, their is damage to the bathroom walls and the bedroom, she did not tell me until the tenant down stairs tenants noticed water coming into their on-suite. This happened on a weekend I was notified on a Tuesday. I am responsible for all damages.
I do believe her financial issues are not mine, she is responsible for her own financial well being when rent was late I sucked it up and gave her the benefit of the doubt.
I served her with an eviction notice once and of course she is not leaving I am about to serve her for a second time. By the end of this eviction notice she has had a month to find other accomidationis. I want her gone, I need to get contractors in to do work. Is my next step filing with the RTRS, I have tried to be understanding but it has gotten me nowhere.
Thanks
Jeremy
Hey Jeremy,
I wouldn’t serve her, I would proceed directly to the RTDRS. Eviction notices are pretty worthless if you expect someone won’t leave. To get someone out legally, you need a court ordered eviction notice and a landlord’s eviction notice just ends up delaying that by two weeks.
Beside the fact that most of the notices are invalid anyway as they typically miss some of the specific details required to make them valid.
Being understanding at this point won’t really help you, you need to get her out unless you are fine paying for the repairs and incurring extra costs out of your pocket.
You may also want to check out the info at http://www.AlbertaEviction.com where you can pick up a guide to walk you through the RTDRS and many other helpful tips about evicting someone.
Bill
I am renting a place and when we moved in we had a dog. The landlord came over to exchange a washing machine and noticed dogpoop on the basement cement floor. The dog was recently killed on the road and we have gotten two puppies. The dogs are not allowed on the carpet and cannot get downstairs. We have no rental agreement. Is this a legal reason to evict? Or demand we get rid of the dogs within 4 days?
Thank you!
Hi Tina,
Just read your comment, without a written lease agreement it can be harder for the landlord to evict you for having pets. Especially if they originally allowed pets. You have a pretty good argument to stay at this point.
Regards,
Bill
An agent of my landlord (or so she says) put a note under my door stating she will not be renewing my fixed term lease which ended August 31, 2012. As a side note, the landlord has cashed 4 monthly rent cheques since then. No reason was spelled out and no date or signature was included. Question 1: Can I be evicted with a note under the door or must they do it in person? Question 2: Can I be evicted without cause? Question 3: Can they refuse to accept my next rent cheque and what do I do if they won’t take it (assuming they will then evict me for non-payment of rent)?
Hi Marissa,
So first off she is supposed to have a reason to evict you unless she is not renewing the lease term. In this case, since the lease term ended at the end of August and she didn’t inform you at that time it defaults to a month to month lease which now changes everything.
Now it’s no longer a matter of not renewing the term at the end of it, she has to give you 90 days notice to terminate the lease because it’s month to month. If she just gave it to you, you wouldn’t have to be out until the end of March at this point as the 90 days must include three full months. If the notice she gave you was for just 30 days, it’s invalid. So that’s the good news for you.
As for whether they have to do it in person, no they do not. Part of this is because the real problem tenants simply avoid their landlords so they would never get evicted. Due to this as long as the note is properly posted and properly written up it is valid. Ironically the majority of the eviction notices I see are done wrong and invalid, they are dated wrong, they don’t have the correct information, they don’t include the reason why, they don’t include the landlords address, they aren’t signed or a majority of little pieces missed by the landlord.
They are supposed to have a reason for evicting you, although if they really want you out, there are numerous ways to do it such as rent increases to a point it forces you out or finding you in violation of other policies stated in the lease.
And they can refuse to accept your payment, but if they don’t have a valid reason for the eviction, it can backfire on them. Just document when and where you tried to pay them if it does come down to a hearing at some point. If their eviction was invalid, they refused to take payment and then they try to evict you through the courts or the RTDRS if you document all the issues (no real reason to evict, you are on a monthly lease now as they never renewed or terminated the fixed term, improper eviction notice periods, etc) the hearing officer or judge will very likely find the landlord at fault.
If they unsuccessfully try to evict you and get reprimanded and fail, it will be much harder for them to evict you or try to evict you a second time as you can point out they are simply harassing you now, if there is no valid reason to evict.If they try the rent increase approach, you can try taking them to the RTDRS to complain that they are illegally forcing you out and their rent increase may get thrown out, if it is unreasonable, if it’s only $50 to $100 it may be allowed.
So bottom line, they likely won’t be able to evict you for this, if it’s not signed as you pointed out and they didn’t include a reason (although you said it mentions not renewing the fixed lease?), it’s not valid anyway. the problem is, if they really want to get rid of you, will it be worth staying. It might take another six months or a year, but it could be a hostile environment, so weigh your options carefully. Don’t burn your bridges, document everything the landlord has done and be prepared for a bit of a battle.
hope that helps,
Bill