Tenant Eviction Process in Alberta

How Tenant Eviction Process Works In Alberta
LEASEWELL is a premier property services company in Calgary. We help landlords professionally market and manage of their rental property for more money and less hassle. We hold their hand through out the rental and property management process and keep their rental in top shape to maximize return on their rental property investment.

One of the most important steps in rental process is to find great tenants and sign on a lease agreement for the rental property. Due to variety of reasons some time tenant and landlords find area of disagreement and either of the parties decide to start the eviction process.

The eviction process can be started by either of the tenant and landlords based on applicable grounds. It is important for both the tenant and landlords to understand the process, the situations that can be ground to initiate this process and their respective rights in the process. For the benefit of both tenants and landlords, here we illustrate the process and details laid down in Alberta by the provincial government. 

 The eviction process in summary
Tenants must be served a written notice that states the reason for the eviction and the date the tenancy is to end. 
Tenants can dispute an eviction, unless it is for unpaid rent. If the tenant objects to the reason, the landlord must go to the Residential Tenancy Dispute Resolution Service (RTDRS) or court for an order terminating the tenancy and to get possession of the premises. Both parties can present their arguments to the RTDRS or Court.

At any time, a landlord and tenant can agree between them to end the tenancy by a certain date and save the expense of taking the matter to RTDRS or Court. For more information, see the Residential Tenancies Act and Regulations.
 
Reasons for eviction
The most common reason for an eviction is when a tenant fails to pay rent. Tenants can’t withhold rent to force the landlord to do something, such as making repairs. The landlord is legally entitled to have the rent paid in full when it’s due. If the tenant cannot pay the rent and lets the landlord know beforehand, the landlord can let the tenant stay and pay rent later or over time.

However, the landlord is under no obligation to do this. Other reasons for eviction include:

• Breaking rental agreement terms
• Damaging the rental premises
• Disturbing or endangering others in the rental premises

Types of notices
There are 3 types of notices, and each one is used in a specific situation:

1. At least 24-hour notice
   • Used in the event of significant damage to the premises or physical assault or threat to physically assault the landlord or another tenant
2. At least 48-hour notice and at least 14-days notice.
   • Used in the event of an unauthorized occupant. 
3. At least 14-days’ notice
   • Used in the event of a substantial breach

All notices must:
•        Be in writing
•        Be signed by the landlord or the landlord’s agent
•        State the rent due and any rent that becomes due during notice period
•        State the reasons for the eviction
•        State the time the tenancy ends


All notices for unpaid rent must also include:

• A statement indicating that the tenancy will not be terminated if the tenant pays the rent due—and any overdue rent payments—on or before the termination date specified
• A 48-hour notice to unauthorized occupants does not have to include the reason for the eviction.
• 48-hour and 24-hour notices must also state the time the tenancy ends.

Substantial breach
If either the tenant or landlord does not fulfil the responsibilities in the residential tenancy agreement or under the Residential Tenancies Act, they may have committed a substantial breach.
 
Substantial breach by tenant : 
A substantial breach by a tenant may result in an eviction, and includes if the tenant

• Hasn’t paid rent in full when due
• Interferes with the landlord or landlord’s employees
• Disturbs other tenants (for example, by playing loud music late at night or being noisy)
• Endangers others in the building
• Causes significant damage to the residential premises
• Doesn’t maintain or keep clean the residential premises and all property included in the residential tenancy agreement
• Doesn’t vacate the premises when the tenancy ends

If a tenant commits a substantial breach, the landlord can apply to the RTDRS or Court to end the tenancy, or give the tenant at least 14-days’ notice to end the tenancy.
A tenant must be given the notice at least 14 clear days before the tenancy is to end. This means the day the notice is given and the day the tenancy ends don’t count as part of the 14 days.
 
Substantial breach by landlord
Whether the tenancy is fixed term or periodic, a landlord may commit a substantial breach when:

• The premises aren’t kept in a condition that meets minimum housing standards under the Public Health Act and regulations and
• An executive officer issues an order under section 62 of the Public Health Act and the landlord hasn’t complied

Tenants can give at least 14-days’ notice to end a tenancy if they believe that the landlord has committed a substantial breach. The notice is void if the landlord objects in writing within 7 days of receiving the tenant’s notice, as long as the order has been complied with or stayed.
 
Assault or threats
If a tenant assaults or threatens to assault a landlord or another tenant, or does significant damage to the residential rental premises, the landlord can:

• Apply to the RTDRS or Court to end the tenancy, or
• Give the tenant at least 24-hour notice to end the tenancy

The landlord may pursue the tenant through the RTDRS or Court for any damages not covered by the security deposit.
 
What if the tenant does not leave
If a tenant has been given a 24-hour notice but does not move out, the landlord has 10 days after the tenancy ends to apply to the RTDRS or Court for an order that confirms the tenancy will end. If the landlord does not apply to court within 10 days, the notice is void and the tenancy hasn’t ended.

Unauthorized occupants
 - If tenant lives on the premises

• If someone who is not listed in the tenancy agreement is living in the residential rental premises, the landlord has the right to give that person at least 14-days’ notice to leave.
• If the person does not move out within 14 days, the landlord can apply to the RTDRS or Court for an order for that person to vacate the rental remises.

 - If the tenant has moved out

• If the tenant has moved out and an unauthorized occupant is living on the rental premises, the landlord can give them at least a 48-hour notice to leave.
• If the occupant does not move out within 48 hours, the landlord can apply to RTDRS or Court for an order for recovery of possession of the rental premises.

 
Responding to notice 
 - For Landlords;
A 14-day notice is void if the landlord objects, in writing, within 7 days of receiving the tenant’s notice, as long as the order has been complied with or stayed.

 - For Tenant;
If a tenant objects to the reasons stated for the eviction in a 14-day notice, they must:

• Give the landlord a written explanation of why they disagree
• Give the written objection to the landlord before the 14 days are over

If the tenant objects or doesn’t leave at the end of the 14 days, the landlord can apply to RTDRS or Court for a court order to terminate the tenancy and get possession of the rental premises. Until RTDRS or Court issues the order, the tenant may remain.

Fore more details contact the Consumer Contact Centre can provide information on many topics related to landlords and tenants: Phone: 780-427-4088 and Toll free: 1-877-427-4088   | Source link: Alberta.Ca
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LEASEWELL is a premier property services company in Calgary. We help landlords with management of their rental property more profitably and hassle free way. Let us help you market your rental property to match with great tenants and keep your rental in top shape to maximize return on your rental property investment. ​For more please visit our website www.leasewell.ca or contact us at info@leasewell.ca