Eviction Notice Periods for Landlords in Alberta

If you have received a notice from your landlord, the first questions are usually how long you have and whether the notice is valid. The answer depends on your type of tenancy and the reason given.

This article sets out the main notice periods under Alberta's Residential Tenancies Act and related regulation. It is general information, so check your own notice with a lawyer.

This article covers the law of Alberta.

Periodic tenancies: reasons and notice

A landlord's notice to end a periodic tenancy is of no effect unless it is for a prescribed reason or a reason under section 11 or 12 of the Act. Prescribed reasons include the landlord or a relative occupying the unit, certain sales, demolition, major renovations requiring vacancy, non-residential use, and a tenant who is no longer a student of an educational institution.

Notice must be in writing, signed, identify the premises and state the termination date. A landlord's notice must also state the reasons.

Longer notice and special cases

• Major renovations or demolition-type terminations requiring vacancy: 365 days before the termination date. Painting, replacing floor covering or routine maintenance are not major renovations.
• Condominium conversion: at least 365 days' notice.
• Employee tenancies: the longest of the period required by employment law, the period agreed in the employment, or one week.
• Fixed-term tenancies: no notice is required, and the tenancy ends on the date in the agreement.

Short notices for breaches

For a substantial breach by the tenant, a landlord may apply to a court (or RTDRS) or give notice at least 14 days before the termination date. Alberta.ca says this means 14 clear days, so the day of notice and the end day do not count. Examples include unpaid rent, interfering with the landlord, disturbing or endangering others, significant damage, poor upkeep and not vacating when the tenancy ends.

For unpaid rent, the notice must state that the tenancy will not be terminated if you pay the rent due and any overdue amounts on or before the termination date. The notice is ineffective if, before the termination date, you pay the rent due (non-payment) or serve a written objection with reasons (other breaches). The objection route does not apply to non-payment of rent, where paying is the remedy.

A 24-hour notice is allowed where the tenant significantly damaged the premises or common areas, or physically assaulted or threatened to assault the landlord or another tenant. It must be in writing, signed, state the reasons, and give the time and date the tenancy ends. If you have not left, the landlord must apply to a court or RTDRS within 10 days after the termination date or the termination is ineffective, and you can challenge it at that hearing.

Your rights after a notice

• If you object to a 14-day notice or stay past its end date, the landlord may apply to RTDRS or Court for an order, and you may remain until that order is issued.
• A landlord may not terminate a tenancy or retaliate because you applied for a remedy, complained, assisted an investigation or gave evidence under the Act or Public Health Act.
• Unauthorized occupants who are not tenants can be given 48 hours' notice if the tenant has abandoned the premises, and at least 14 days if the tenant still lives there.

What to do next

• Keep the notice and note the date and how you received it.
• Check that it is in writing, signed, and states the reason and end date.
• Match the notice period to your tenancy type and the reason given.
• If you disagree, respond in writing before the deadline where the notice allows it.
• Get legal advice before the termination date, especially if you plan to stay.

Frequently asked questions