Can a Landlord Evict a Tenant for Unpaid Rent Without Court in Alberta?

You are behind on rent and have received a notice. You may be wondering whether you have to leave right away, and what happens if you do nothing.

In Alberta, a notice is the first step, not the final one. This article explains what the notice must say, how you can stop it, and when an order is needed.

This article covers the law of Alberta.

The 14-day notice

For a substantial breach by the tenant, a landlord may apply to a court or to the Residential Tenancy Dispute Resolution Service (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. Unpaid rent is one of the examples of substantial breach.

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.

How to stop the eviction

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. A 14-day notice is ineffective if you pay the rent due before the termination date.

The written objection route is different. For notices about reasons other than unpaid rent, you can dispute the notice by delivering a written explanation of why you disagree before the 14 days end, but this does not apply to non-payment of rent, where paying is the remedy.

• Check that the amount in the notice matches what you actually owe.
• Pay the full amount due on or before the termination date.
• Keep proof of payment, such as a receipt or bank record.

If you ignore the notice

If you stay past the end date of a 14-day notice, the landlord may apply to RTDRS or Court for an order, and you may remain until that order is issued. So the notice alone does not let a landlord remove you.

That does not mean ignoring it is safe. The landlord can then apply for an order, and the rent keeps building up. How an order is enforced, and what costs may follow, depends on the facts and is worth confirming with a lawyer.

Either a landlord or a tenant may use RTDRS instead of court, and once one party files there, the other is bound to that forum.

Other kinds of notice

Unpaid rent is not the only ground. A landlord may give at least 24 hours' notice if the tenant significantly damaged the premises or common areas, or physically assaulted or threatened to assault the landlord or another tenant. If the tenant has not left, the landlord must apply to a court within 10 days after the termination date or the termination is ineffective.

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

What to do next

• Read the notice closely and confirm it is written, signed and shows the address, amount, reasons and end date.
• Pay what is owed before the termination date if you can, and keep proof.
• Do not assume you can stay without paying, because the landlord may apply for an order.
• Keep all notices, receipts and messages.
• Get legal advice quickly if the amount is disputed or an application has been filed.

Frequently asked questions