- A landlord can give a 14-day notice for a substantial breach, including unpaid rent, but it must be in writing and contain specific information.
- For unpaid rent, paying what is owed before the termination date makes the notice ineffective.
- For other breaches, you can deliver a written objection with reasons before the 14 days end, and you may stay until an order is issued if the landlord applies.
A 14-day notice is one of the most common eviction notices in Alberta. It can be stressful, but it is not an eviction order. Your landlord generally cannot make you leave just because you were handed this paper.
This article explains what can trigger the notice, what it has to say, and what you can do in response. Your exact options depend on the reason given and your facts, so a lawyer can confirm your situation.
This article covers the law of Alberta.
What triggers a 14-day notice
A landlord may give notice at least 14 days before the termination date, or apply to a court or the Residential Tenancy Dispute Resolution Service (RTDRS), when there is a substantial breach by the tenant. Alberta.ca describes this as 14 clear days, so the day the notice is given and the end day do not count.
Examples of a substantial breach listed on Alberta.ca are:
- Unpaid rent
- Interfering with the landlord
- Disturbing or endangering others
- Significant damage
- Poor upkeep
- Not vacating when the tenancy ends
A 14-day notice for a breach is different from a landlord's notice to end a periodic tenancy. 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 Residential Tenancies Act.
What the notice must contain
An eviction notice must be in writing and signed by the landlord or agent. It must show the rental address, the rent due plus any additional rent during the notice period, the reasons, and the end date.
If the reason is unpaid rent, the notice must also say the tenancy will not be terminated if you pay the rent due and any overdue amounts on or before the termination date. If a notice leaves these things out, it is worth having it reviewed.
Compare each detail with your own records, such as the rent amount, the dates and the address. A mistake is worth raising, but how much it matters depends on your situation, so it is worth confirming with a lawyer.
Responding to a notice for unpaid rent
For non-payment, paying is the remedy. The notice is ineffective if you pay the rent due before the termination date. The written objection route does not apply to unpaid rent.
The notice should show the rent due plus any additional rent during the notice period, so ask the landlord for a breakdown if the amount looks wrong.
Keep proof of payment, such as a receipt or a bank record, and note the date you paid.
Responding to a notice for other breaches
If the notice is for something other than unpaid rent, you can serve a written objection with reasons before the termination date, and the notice is then ineffective. Alberta.ca describes this as a written explanation of why you disagree with the reasons, delivered before the 14 days end.
If you object or stay past the end date, the landlord may apply to RTDRS or Court for an order, and you may remain until that order is issued. Either side may use RTDRS instead of court, and once one party files there, the other is bound to that forum.
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 the Public Health Act. Whether that applies to your notice depends on the facts.
How a 24-hour notice is different
Some situations are more serious and can lead to a much shorter notice. Do not confuse the two, because the rules for responding are different.
| 14-day notice | 24-hour notice | |
|---|---|---|
| Minimum time | At least 14 days | At least 24 hours |
| Reasons | Substantial breach, such as unpaid rent | Significant damage to the premises or common areas, or physically assaulting or threatening to assault the landlord or another tenant |
| Form | In writing, signed, with address, amounts, reasons and end date | In writing, signed, with reasons and the time and date the tenancy ends |
If you have not left 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.
What to do next
- Check the notice is written, signed, and shows the address, amount owing, reasons and end date.
- Count the days carefully from the day after you received it.
- Pay any rent owing before the termination date if the notice is for non-payment, and keep proof.
- Deliver a written objection with reasons before the deadline if the reason is not unpaid rent, and keep a copy.
- Do not ignore any application papers from RTDRS or the court.
- Speak with a lawyer if you are unsure about your deadline or your options.
Frequently asked questions
Do I have to leave in 14 days?
Not necessarily. For unpaid rent, paying before the termination date makes the notice ineffective. For other reasons, a written objection can do the same, and if the landlord applies for an order you may stay until it is issued.
Can I object to a notice for unpaid rent?
The objection route does not apply to non-payment of rent. Paying the rent due is the remedy.
Does the notice have to be in writing?
Yes. It must be in writing and signed by the landlord or agent, and show the rental address, the rent due, the reasons and the end date.
Where does the landlord go if I stay?
If you object or stay past the end date, the landlord may apply to RTDRS or Court for an order. Whoever files first with RTDRS binds the other party to that forum.
Sources
- Residential Tenancies Act, SA 2004 c R-17.1 (King's Printer) — kings-printer.alberta.ca
- Alberta.ca – Ending a tenancy — alberta.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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