Facing eviction can be overwhelming and stressful, especially if you’re unsure about your rights as a tenant. In Alberta, both landlords and tenants are protected by the Residential Tenancies Act (RTA), which outlines specific procedures that must be followed for an eviction to be legal. Tenants have clear rights during the eviction process, and understanding them is essential to ensuring fair treatment and preventing wrongful evictions.
This guide explains when and how landlords can legally evict tenants in Alberta, what tenants can do if they receive an eviction notice, and the steps they can take to challenge an eviction that doesn’t follow the rules. If you’re in a difficult situation or need legal advice, Nimmons Law Office Calgary can help you understand your rights and protect your interests.
Common Reasons For Eviction In Alberta
Landlords in Alberta can only evict tenants for specific reasons outlined in the law. They cannot force a tenant out without valid grounds or proper notice. Some of the most common reasons for eviction include:
- Non-payment of rent
- Repeated late payment of rent
- Damage to the property beyond normal wear and tear
- Illegal activity conducted on the premises
- Disturbing other tenants or neighbors
- Breaking the terms of the lease
- The landlord or a close family member intends to move into the property
- The property is being sold, and the new buyer plans to occupy the unit
It’s important to note that tenants cannot be evicted simply for requesting repairs, filing complaints, or exercising their legal rights. These actions are protected under the RTA.
Types Of Tenancies And How They Affect Eviction
Eviction procedures vary depending on whether the tenancy is a fixed-term lease or a periodic tenancy (such as month-to-month).
- Fixed-term leases have a set start and end date. Unless the lease allows for early termination, the landlord usually must wait until the term ends to ask the tenant to leave, unless there’s a valid reason such as a breach of lease or unpaid rent.
- Periodic tenancies automatically renew after each rental period, typically month-to-month. Landlords can end these with proper notice, even without cause, as long as they follow the correct process.
Understanding your type of lease is key to knowing what kind of eviction notice you can legally receive.
Required Notice For Eviction
In most cases, landlords are required to give written notice before ending a tenancy. The notice period and content depend on the reason for the eviction.
- 14-Day Notice: If rent is unpaid, the landlord can give a 14-day notice to terminate the tenancy. If the tenant pays the full amount within this time, the eviction may be canceled.
- 24-Hour Notice: If the tenant causes significant damage or threatens the safety of others, the landlord can give 24 hours’ written notice.
- 90-Day Notice: If the landlord wants to move in or has sold the property to someone who plans to live there, they must give 90 days’ notice.
The notice must be in writing and include:
- The reason for eviction
- The date the notice was given
- The date the tenancy will end
- The landlord’s signature
If the notice is not complete or delivered properly, it may be invalid.
What To Do If You Receive An Eviction Notice
Receiving an eviction notice can be alarming, but you still have rights and options.
1. Review The Notice
First, make sure the notice follows Alberta’s legal requirements. It should clearly state the reason for eviction and provide the correct notice period. If it doesn’t meet the legal standards, you may be able to challenge it.
2. Communicate With Your Landlord
In many cases, eviction can be avoided through honest communication. If the issue is unpaid rent, ask the landlord if you can work out a payment plan. If you’ve violated a lease term, find out if you can correct the issue to avoid eviction.
3. File A Dispute With RTDRS
If you believe the eviction is unfair or illegal, you can file a complaint with the Residential Tenancy Dispute Resolution Service (RTDRS). This tribunal offers a faster, less expensive alternative to court. A tenancy dispute officer will hear both sides and issue a binding decision.
4. Get Legal Advice
If your situation is complex or you’re unsure about your rights, legal advice can make a big difference. Nimmons Law Office Calgary has experience with eviction disputes and can help you navigate the process and respond appropriately.
Illegal Evictions: Know Your Protections
It’s illegal for a landlord to force a tenant out without following the legal eviction process. Examples of illegal evictions include:
- Changing the locks without a court order
- Shutting off utilities to pressure you to leave
- Removing your personal belongings
- Threatening or harassing you to vacate
If your landlord tries any of these tactics, you can file a complaint with the RTDRS or the police. Tenants are protected from such actions under Alberta law and may be entitled to compensation or reinstatement.
Eviction Hearings And Court Orders
If a tenant refuses to leave after receiving a valid eviction notice, the landlord cannot forcibly remove them. The landlord must apply to the RTDRS or the Court of Justice for an eviction order. Only after obtaining this order can they proceed with enforcement, which may involve a bailiff or sheriff.
As a tenant, you have the right to attend the hearing, present evidence, and make your case. If the tribunal or court rules in your favor, the eviction will not proceed.
If the landlord wins the case and you still do not leave, they may obtain a writ of possession to legally have you removed. It’s important to follow any rulings or orders to avoid further legal consequences.
Tips For Tenants To Protect Themselves
- Keep copies of your lease, rent payment records, and communication with your landlord.
- Respond to notices promptly and in writing.
- Attend any scheduled hearings or mediation sessions.
- Take photos or videos of the unit when moving in and out to document the condition.
- Be aware of your responsibilities under the lease to avoid violations that could lead to eviction.
When To Get Help
If you’re facing eviction and aren’t sure what to do next, professional legal support can help you protect your rights. Whether you’re dealing with a wrongful eviction notice or need help preparing for a hearing, Nimmons Law Office Calgary can offer guidance, represent your interests, and help you reach a fair outcome.
Conclusion
Eviction is a serious matter, but Alberta law provides clear protections for tenants. You cannot be forced out without proper notice or due process, and you have the right to challenge unlawful evictions through the RTDRS or court system.
By understanding your lease, responding to notices properly, and knowing your rights, you can avoid unnecessary stress and make sure you’re treated fairly. And if you need legal support along the way, Nimmons Law Office Calgary is here to help you stand up for your rights and ensure the eviction process is handled legally and justly.
