What Is a 24-Hour Eviction Notice in Alberta and When Is It Valid?

A 24-hour notice is the fastest way a landlord can try to end a tenancy in Alberta. Because the time is so short, it is allowed only in narrow situations, and a notice that does not fit those situations may not hold up.

If one has been handed to you, read it closely before you do anything else. This article explains the allowed grounds, what the notice must contain, how it differs from a 14-day notice, and how it can be challenged.

This article covers the law of Alberta.

When a landlord can give 24 hours' notice

Under the Residential Tenancies Act, a landlord may apply to a court, or give at least 24 hours' notice, only in two situations.

• The tenant significantly damaged the premises or the common areas.
• The tenant physically assaulted, or threatened to assault, the landlord or another tenant.

Other problems, such as unpaid rent, noise or poor upkeep, are dealt with through different notices. Those are listed as examples of substantial breach, which has a 14-day notice process instead.

What the notice must say

A valid 24-hour notice must be in writing and signed. It must state the reasons and state the time and date the tenancy ends. A verbal warning, a text that is not signed, or a notice with no reasons does not meet that description.

• Is it in writing and signed?
• Does it give the reasons for ending the tenancy?
• Does it state the exact time and date the tenancy ends?
• Do the reasons match one of the two allowed grounds?

If you do not leave: the court step

A 24-hour notice does not by itself remove you. 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. The court may confirm the termination or declare the notice ineffective.

You can challenge the notice at that hearing, and the application may be made to the Residential Tenancy Dispute Resolution Service (RTDRS) or to the court. Either a landlord or a tenant may apply to RTDRS instead of court, and once one party files with RTDRS the other is bound to that forum.

How a 14-day notice differs

It helps to know the difference, because a landlord may use the wrong notice. For substantial breach, a landlord may give notice at least 14 days before the termination date, and eviction notices 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 unpaid rent, it must say the tenancy will not be terminated if you pay the rent due and any overdue amounts on or before the termination date.

For a 14-day notice given for reasons other than unpaid rent, you can dispute it by giving the landlord a written explanation of why you disagree with the reasons and delivering it before the 14 days end; this objection route does not apply to unpaid rent, where paying is the remedy. 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. How this applies to your notice depends on its wording and the facts, so it is worth confirming with a lawyer.

Other protections to know about

• A landlord may not end a tenancy or retaliate because you applied for a remedy, made a complaint, helped an investigation or gave evidence under the Act or the Public Health Act.
• For a 14-day notice about unpaid rent, paying the rent due before the termination date makes the notice ineffective, and for other breaches you can serve a written objection with reasons.
• A tenant who is experiencing domestic violence may end a tenancy on at least 28 days' notice with a certificate from the designated authority, and no early-termination penalty applies.

Whether a notice is valid often turns on the facts, such as how serious the damage was or what actually happened between the people involved. A lawyer can look at your notice and your evidence.

What to do next

• Keep the notice and note when and how you received it.
• Check it against the list above for writing, signature, reasons, and time and date.
• Gather photos, messages, move-in and move-out inspection reports and rent receipts.
• Give your landlord a forwarding address in writing and keep records for 3 years.
• If you do move out, the landlord must return your security deposit, or the balance with a statement of account, within 10 days after you give up possession. If the exact deduction cannot be worked out in that time, the landlord returns the unneeded balance with an estimated statement, then the remaining balance and a final statement within 30 days.
• Get legal advice quickly, because the timeline is short.

Frequently asked questions