How Tenant Eviction Process Works In Alberta
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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:
Types of notices
There are 3 types of notices, and each one is used in a specific situation:
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:
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
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:
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:
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.
- If tenant lives on the premises
- If the tenant has moved out
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:
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
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 firstname.lastname@example.org
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