There are few situations more stressful while running a rental property than dealing with a problematic tenant who refuses to leave when the lease is over. Unfortunately, it’s a situation that’s becoming more common in Canada, and Alberta is no exception. Whether it’s a lease that has ended, an eviction notice that’s been ignored, or a tenant simply overstaying their welcome, knowing what to do next is essential, especially in Alberta, where landlord-tenant laws are specific and restrictive in terms of what you can do as a landlord to evict a tenant that won’t leave.
Following the correct procedures is key to resolving the issue as efficiently as possible while avoiding mistakes that can translate into liability. In this blog, we’ll walk you through the proper steps to take when a tenant refuses to move out in Alberta.
Alberta Law’s Dos and Don’ts When Tenants Refuse to Move Out
The Dos
- Send Proper Notice
The minimum notice required will vary depending on the type of tenancy agreement and why you want the tenant to leave. Let’s break them down:
- Ending a fixed-term tenancy: In fixed-term tenancies, the tenancy ends on the date stated on the lease. The Residential Tenancy Act (RTA) doesn’t require that the landlord nor the tenant send notice of termination for a fixed tenancy if none of the parties discuss a rental agreement renovation, but it is considered a good practice to send it for professionalism and to avoid misunderstandings in case the tenant doesn’t vacate the property at the end of the lease, claiming an implied renewal, for example.
It’s a common practice of courtesy and good faith to send a longer (although not legally required) notice, of 30 or 60 days, to give the tenant a fair amount of time to find new housing and plan their move.
- Ending a periodic term tenancy: Periodic term tenancies have a start date, but no end date. Landlords can end a periodic tenancy for several reasons, including:
- A landlord’s relative is going to move in.
- The landlord sells the property, and the new owner or a relative wants to move in. In this case, the buyer must formally request the landlord in writing to give the tenant the notice to end the tenancy.
- The rental is a detached or semi-detached home or a condo unit, and the landlord has finalized the sale process. As mentioned above, the buyer must request in writing to the landlord to send a notice to the tenant; however, in this case, the RTA states that neither the new owner nor their relatives have to occupy the property.
- The landlord has plans to demolish the property.
- The landlord is an educational establishment, and the tenant is no longer a student, or;
- The landlord wants to use or rent the property for a non-residential purpose, and;
- In case you’re planning to embark on a major renovation project, like dividing and turning a home into independent living spaces, you must give a one-year notice.
The amount of notice period a tenant is entitled to will depend on the type of tenancy:
- Weekly tenancy: One-week notice.
- Monthly tenancy: Three-month notice.
- Yearly Tenancy: 90 days’ notice before the last day of the tenancy year to be effective on the last day of the lease.
If the tenant incurred a substantial breach of the tenancy agreement, such as significant property damage, failing to pay the rent in full when it’s due, or allowing an unauthorized occupant the notice period is 14 days. On the other hand, if the tenant threatens to assault or assaults the landlord, another tenant or a neighbour, you should give the tenant a 24-hour notice.
In all cases, a proper notice must be:
- In writing;
- Include the property’s address;
- The reasons why the tenancy agreement is being terminated.
- The termination date, and,
- Your signature.
It’s important to mention that once the tenant receives a 14-day notice alleging substantial breach on their behalf, they have the right to object to the reasons stated for the eviction in a written response to the landlord before the 14 days are over. On the other hand, tenants can’t object to a 24-hour notice.
The Don’ts
You can’t evict your tenant by force or engage in any “self-help” actions to evict, such as changing the locks, shutting off utilities or taking the tenants’ belongings out of the rental. Landlords who perform a self-help eviction can face fines, civil lawsuits from the tenant for damages, not to mention the financial loss from legal fees, the lost income and the reputational damage.
How to Evict a Tenant in Alberta Who Refuses to Leave the Right Way
If the tenant doesn’t vacate the property after the notice period and/or the end of the lease, here are the next steps you can take:
1 – Apply to the Residential Tenancy Dispute Resolution Service or the Court
The goal applying to any of these options is to obtain an eviction order. Which option will be best? Here are some of the differences:
- The RTDRS specializes only in landlord-tenant disputes. It’s a faster (most cases have a resolution within a few weeks) and more affordable option that offers hearings in person, by phone, or video conference, and it doesn’t require lawyers. It is a good option for claims of $100,000 or less, and its decisions are legally binding and enforceable through the Court of King’s Bench.
- The Court is a more formal, bureaucratic and complex process for more contentious and complex cases. It’s also used if either party wants a full court hearing, the option to appeal the sentence, or if enforcement actions beyond RTDRS are needed from the beginning of the dispute.
You have two court options you can apply for: The Alberta Court of Justice (Small Claims Court) and the Court of King’s Bench. The Small Claims Court will take claims up to $100,000, while the Court of King’s Bench accepts higher claims. Court processes are slower because they handle a wider variety of cases that scope beyond tenant disputes, are more expensive, and require more legal formalities.
Keep in mind that until the RTDRS or the Court issues the eviction order, the tenant can remain in the property.
2 – Enforce the Order
Once you get a non-conditional order that grants you possession of the property, you must contact a Civil Enforcement Agency to have a process server serve the order on your behalf. If the tenant refuses to leave, you need to contact the Civil Enforcement Agency to hire a bailiff, who has the authority to remove the tenant from the rental property physically. After you regain possession, you can change the locks and take security measures. You can find the list of agencies available here.
In Closing
Dealing with a tenant who refuses to move out is one of the most uncomfortable situations for landlords to be in. However, it’s important to remember that if you follow the right process, the law will be on your side. Documenting every step and maintaining professionalism will not only protect your investment but also uphold your credibility as a responsible landlord.
In case you don’t want to face a difficult eviction process, entrusting your rental to a property manager is the best option to count on a team of professionals with deep legal knowledge and the know-how to make the proper eviction of a tenant who won’t leave a more peaceful situation for you. Contact us to know more about what we can do for you.
