Can a Landlord Evict Me for Extra Occupants or Roommates in Alberta?

You may want a partner, friend or roommate to share your rental home, or you may already have someone staying with you. The worry is usually the same: could the landlord treat that as grounds to evict you?

The answer depends on your lease, on whether the person is a tenant or only an occupant, and on how the landlord goes about ending the tenancy. This article explains the notice rules that apply in Alberta under the Residential Tenancies Act, and why you should deal with the question of a new occupant before they move in.

This article covers the law of Alberta.

Start with your lease and the type of tenancy

Your written agreement is the first place to look. Many leases say something about who may live in the unit, about subletting, or about assigning your tenancy to someone else. The exact rules on subletting and assignment, and how they interact with your lease, depend on the wording of your agreement and the Act, so it is worth having a lawyer confirm your position before you act.

It also matters whether you have a fixed-term or periodic tenancy. A fixed-term tenancy needs no notice to end it; it ends on the date in the agreement, and ending it early requires both parties to agree. A periodic tenancy, such as month-to-month, continues until someone gives proper notice.

• Read the clauses on occupants, guests, subletting and assignment.
• Note whether your tenancy is fixed-term or periodic.
• Ask the landlord in writing before anyone moves in, and keep their answer.
• Keep copies of everything you send and receive.

A landlord cannot end a periodic tenancy for just any reason

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

Having a roommate is not on that list. That does not mean a landlord has no options, though. If the landlord believes your lease has been seriously broken, they may rely on the substantial breach process described below.

A landlord also may not terminate a tenancy or retaliate because you applied for a remedy, complained, assisted an investigation or gave evidence under the Act or the Public Health Act.

The 14-day notice for a substantial breach

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

The notice must be in writing, signed by the landlord or agent, and show the rental address, the rent due plus any additional rent during the notice period, the reasons, and the end date.

For reasons other than unpaid rent, you can dispute the notice by giving the landlord a written explanation of why you disagree, delivered before the 14 days end. A 14-day notice is ineffective if you pay the rent due before the termination date (for unpaid rent), or if you serve a written objection with reasons before the termination date (for other breaches), and the objection route does not apply to unpaid rent. If you object or stay past the end date, the landlord may apply to RTDRS or court, and you may remain until that order is issued.

Faster notices and non-tenant occupants

A 24-hour notice is available only where the tenant significantly damaged the premises or common areas, or physically assaulted or threatened to assault the landlord or another tenant. A roommate moving in does not by itself fit those grounds. If you do not leave after a 24-hour notice, the landlord must apply to a court within 10 days after the termination date or the termination is ineffective, and you can challenge it at that hearing.

Different rules apply to unauthorized occupants who are not tenants. They can be given 48 hours' notice to vacate if the tenant has abandoned the premises, with no reason required, and at least 14 days if the tenant still lives there. This is one reason it matters whether a person is added to the tenancy or simply lives with you without the landlord's agreement.

What to do next

Deal with the question before the person moves in, not after a notice arrives. If you have already received a notice, read it carefully against the requirements above and note the dates.

• Review your lease for occupant, subletting and assignment terms.
• Get the landlord's permission in writing if you can.
• If you receive a notice, check that it is written, signed, gives reasons and states an end date.
• Deliver any written objection before the notice period ends and keep proof of delivery.
• Remember that either party may apply to RTDRS instead of court, and once one party files, the other is bound to that forum.
• Speak with a lawyer if the notice is disputed or the lease is unclear.

Frequently asked questions