Eviction brings a mix of legal, financial, and emotional challenges — whether you’re a tenant receiving an eviction notice in Alberta or a landlord making the difficult decision to issue one. For tenants, it can mean the fear of losing their home, uncertainty about where to go next, and the stress of navigating legal processes. For landlords, it’s often a last resort after months of unpaid rent, lease violations, or difficult conversations that didn’t lead to a resolution.

No one enters a rental agreement expecting it to end this way, but when it does, it’s important to understand the legal steps, rights, and options available. In Alberta, eviction notices are governed by the Residential Tenancies Act (RTA) and must follow specific legal procedures. Both landlords and tenants should understand their rights and responsibilities to ensure a lawful eviction process.

    

Ending a Rental Agreement vs. Eviction Notice in Alberta

In Alberta, there is an important distinction between ending a residential tenancy agreement and serving an eviction notice. The main difference is that ending a residential tenancy agreement is a voluntary and planned process. At the same time, eviction is an enforced legal action due to a substantial breach in the lease or other serious issues.

In Alberta, there are two main types of rental agreements: fixed-term leases and periodic tenancies. Each type has different rules regarding duration, renewal, and termination.

A fixed-term lease is a rental tenancy agreement with a specific start and end date, such as a six-month or one-year lease. Once the lease reaches its end date, it automatically expires unless both the landlord and tenant agree to renew or extend it. No notice is required from either party unless stated in the lease agreement. A tenant in a fixed-term lease is generally expected to stay for the entire duration, and landlords cannot force them to leave early unless there is a valid legal reason, such as a breach of the lease terms.

A periodic tenancy, on the other hand, does not have a set end date and continues until either the landlord or the tenant provides proper notice to terminate it. The most common type of periodic tenancy is month-to-month, where the tenant pays rent monthly, and the lease renews automatically at the start of each new month.

However, landlords cannot end a lease early simply because they dislike a tenant, want to raise the rent, or have found a new tenant willing to pay more. If a landlord attempts to terminate a rental agreement without a valid legal reason, the tenant has the right to dispute the decision through the Residential Tenancy Dispute Resolution Service (RTDRS) or take the matter to court.

Eviction Notices in Alberta

A landlord can serve an eviction notice for several reasons, including non-payment of rent, violating lease terms, causing significant damage to the property, or engaging in illegal activities such as drug-related offences or violence. In some cases, a landlord may also evict a tenant if they are interfering with the rights of other tenants or creating unsafe conditions.

Financial Issues

The most common reason for eviction is non-payment of rent. If a tenant fails to pay their rent on time, the landlord can issue a 14-day eviction notice, giving the tenant two weeks to either pay the overdue amount or vacate the premises. If the tenant pays within this period, the eviction is usually cancelled. However, repeated late payments may still result in eviction if they violate the lease terms.

Lease Violations

Evictions may also occur when a tenant violates the lease agreement. Common violations include keeping unauthorized pets, subletting without permission to an unauthorized person, making unapproved alterations to the property, or consistently disturbing neighbors (such as playing loud music late). If a tenant fails to correct the issue after being notified, the landlord has the right to issue a 14-day eviction notice.

Another serious lease violation is property damage. While normal wear and tear is expected, significant damage such as broken appliances, holes in walls, water damage due to negligence, or fire damage may justify evicting tenants. If the damage is severe and affects the unit’s safety or livability, the landlord may seek an immediate eviction through the Residential Tenancy Dispute Resolution Service or court.

Safety and Legal Concerns

A landlord can serve a 24-hour eviction notice in cases where the former tenant commits or is engaged in illegal activities within the rental property. This includes drug production, trafficking, violent behaviour, or criminal harassment. Any activity that poses a risk to the property, landlord, or other tenants, such as threats of violence (such as threats to physically assault that landlord) or criminal acts, can lead to an expedited eviction process.

Beyond criminal activity, a tenant can also be evicted if they interfere with the rights of other tenants or create unsafe living conditions. This includes harassment, ongoing disturbances, or actions that make it difficult for others to live peacefully in the building. This can include tampering with fire alarms, blocking emergency exits, or creating hazardous conditions in shared spaces, which could result in eviction, particularly if the situation endangers other tenants’ rights.

How Eviction Notices Must Be Served

In Alberta, eviction notices must be served properly to be legally valid. The Residential Tenancies Act (RTA) outlines specific requirements for how landlords must deliver eviction notices to ensure tenants receive them in a fair and legal manner. If a tenant objects or the landlord fails to follow the correct procedure, the eviction order may be challenged and ruled invalid.

An eviction notice must be in writing and include the following details:

• Tenant’s full name(s)
• Rental property address
• Reason for eviction (e.g., a substantial breach occurs, overdue rent payments, lease violation, illegal activity)
• Date the tenancy will end
• Landlord’s signature
• The notice must also clearly state that the tenant has the right to dispute the eviction before the deadline or termination date.

A landlord can serve an eviction notice to vacate using one of the following legally accepted methods:

1. In-Person: The preferred method is delivering the notice directly to the tenant. This ensures they receive it immediately.
2. Posting on the Property: If the tenant is unavailable, the notice can be securely posted on the rental premises, such as the unit’s door, in a visible location.
3. Registered Mail: The notice can be sent through registered or certified mail, which provides proof that it was delivered. However, landlords should allow extra time for delivery to ensure the tenant receives it before the notice period expires.

Electronic delivery (e.g., email or text messages) is not recommended. It may not be considered a legally valid method unless the tenant has explicitly agreed to receive notices this way in their lease agreement.

To protect themselves legally, landlords should document how and when the notice was served. This could include taking a photo if the notice was posted on the rental premises, keeping a copy of a delivery receipt for registered mail, or having a witness present when handing the notice to the tenant. If the eviction is disputed, proof of service can be essential in confirming that the tenant’s notice was properly delivered.

Tenant Rights

Tenants in Alberta have specific rights when facing an eviction, and they have the option to dispute an eviction notice if they believe it was issued unfairly or improperly. The Residential Tenancies Act (RTA) provides legal protections to ensure that evictions are handled lawfully and that tenants are given a fair chance to challenge them.

Right to Proper Notice

Tenants have the right to receive a legally valid eviction notice that meets all requirements under Alberta’s tenancy laws. The notice must be in writing, clearly state the reason for eviction, include the move-out deadline, and be properly served. Suppose a landlord fails to follow the correct process, such as not providing sufficient notice or failing to give written notice and include necessary details. In that case, the tenant may challenge the eviction on procedural grounds.

Right to Dispute an Eviction

If a tenant believes they are being wrongfully evicted, they have the right to dispute it. Tenants can file an application with the Residential Tenancy Dispute Resolution Service or take the matter to court. Common grounds for disputing an eviction include:

• The landlord did not provide proper notice or used an invalid method to serve the notice.
• The reason for eviction is false, exaggerated, or unjustified (e.g., wrongful claims of non-payment when rent was paid, false accusations of substantial breach or lease violations).
• The landlord is trying to evict the tenant without a valid legal reason, such as simply wanting to raise the rent or find a new tenant.
• The eviction was issued in retaliation for the tenant exercising their rights (e.g., filing a complaint about maintenance issues at rental premises).

Right to Stay Until an Order of Possession is Granted

If a tenant does not voluntarily leave the residential premises by the eviction deadline and disputes the eviction, the landlord cannot forcibly remove them or change the locks. Instead, the landlord must apply for an Order of Possession through the RTDRS or court. If granted, only a Court Bailiff or Civil Enforcement Agency can legally enforce the eviction. Landlords cannot physically remove a tenant, throw out belongings, or shut off essential utilities. Doing so would be considered an illegal eviction, and the tenant could seek legal action.

Under Alberta’s tenancy laws, tenants with disabilities or medical conditions may have the right to request reasonable accommodations before being evicted. For example, if a tenant’s lease violation was due to a disability-related issue, they may be able to work out a solution with their landlord instead of facing eviction.

Filing a Dispute With the RTDRS

By starting the legal process, tenants may want to try to resolve the dispute with the landlord. For example, if the eviction is based on non-payment of rent, you may be able to pay the overdue amount within the notice period and have the eviction canceled. If the issue is a lease violation, you might negotiate with the landlord to fix the problem (e.g., removing an unauthorized pet or addressing noise complaints). Always request written confirmation if your landlord agrees to withdraw the eviction.

If you cannot resolve the issue and the landlord intends to move forward with the eviction, you can formally dispute the eviction by applying to the Residential Tenancy Dispute Resolution Service (RTDRS). The RTDRS is a faster and more affordable alternative to a court that handles landlord-tenant disputes.

The steps are as follows:

1. Complete the RTDRS Application: You can apply online or in person. Choose the option to dispute an eviction and provide details about why you believe it is invalid or unfair.
2. Gather Evidence: Prepare documents such as your lease agreement, rent payment receipts, communication with your landlord, photos, or witness statements that support your case.
3. Pay the Filing Fee: The RTDRS requires a small fee to file an application, but fee waivers may be available for low-income applicants.
4. Attend the Hearing: Once your application is submitted, a hearing date will be set. Both you and your landlord will present your case, and a Tenancy Dispute Officer will make a decision.

If you prefer, you can take your eviction dispute directly to the Alberta Court of Justice instead of using the RTDRS. However, this is usually only recommended for complex cases or if the eviction involves large financial claims.

After reviewing the evidence, the RTDRS or court will issue a decision. There are three possible outcomes:

1. The eviction is cancelled: If the eviction is found to be unlawful or improperly served, you will be allowed to stay in the rental unit.
2. The eviction is upheld: If the ruling favors the landlord, you will be required to leave by the given deadline.
3. The eviction deadline is extended: In some cases, the RTDRS or court may allow you extra time to move out of the residential premises if immediate eviction would cause hardship.

If the eviction is upheld, but you still refuse to leave the rental premises, the landlord must obtain an Order of Possession from the RTDRS or court. This allows a Court Bailiff or Civil Enforcement Agency to legally remove you from the property. The landlord cannot lock you out or remove your belongings without a court order.

Seeking Legal Help

Get in touch with our legal team. Whether you’re trying to fight an eviction, enforce one, or understand what happens next, knowing the process can bring a sense of control to an otherwise difficult situation.

If you’re a tenant facing eviction, we can help you understand your rights, dispute an unfair notice, and navigate the Residential Tenancy Dispute Resolution Service (RTDRS) or court system. If you’re a landlord, we provide guidance on properly serving eviction notices, enforcing them legally, and ensuring compliance with Alberta’s tenancy laws. No matter your situation, our team is here to help you take the right steps and find the best possible outcome.

The content of this article is intended to provide a general guide to the subject matter and should not be considered legal or other professional advice. To get detailed information regarding your specific circumstances, please discuss your situation with a lawyer or other professional. Refer to our Terms of Use for more details.