How to Evict a Tenant in Alberta: A Landlord's Guide to Navigating the Process

Evicting a tenant is rarely a walk in the park, but sometimes it’s necessary to protect your rental property and business interests. In Alberta, the eviction process is governed by the Residential Tenancies Act (RTA), which outlines the rights and responsibilities of both landlords and tenants. Whether it's due to unpaid rent, property damage, or another substantial breach, following the law is crucial to avoid unnecessary headaches or potential legal trouble. This guide breaks down the steps to evict a tenant in Alberta, ensuring you handle the process with confidence and compliance.

When Can You Evict a Tenant in Alberta?

Before serving an eviction notice, it’s essential to understand what qualifies as grounds for eviction under Alberta’s rental laws. Here are some of the most common reasons:

• Non-Payment of Rent: If your tenant hasn’t paid rent by the due date and fails to make arrangements, you can initiate the eviction process.

• Substantial Breach: Damaging the property, conducting illegal activities, subletting without consent, or violating lease terms (e.g., unauthorized pets or smoking).

• Repeated Late Payments: Chronic lateness in paying rent can also be considered a breach.

• Overstaying: If the lease has expired, and the tenant refuses to leave, you can proceed with eviction.

Remember, the law requires you to give notice and follow proper procedures based on the type of breach.

How to Evict a Tenant in Alberta: Step-by-Step

1. Understand Your Legal Grounds

First, identify the reason for eviction. Are they late with rent? Did they damage the property? Make sure the issue qualifies as a breach under the Residential Tenancies Act. A solid understanding of your legal rights will set the tone for the process.

2. Issue a Written Notice to Terminate

In Alberta, you’re required to serve a written notice to your tenant before eviction. The notice must include:

• The address of the rental property.

• The reason for termination (e.g., unpaid rent, substantial breach).

• The amount of rent owed (if applicable).

• The termination date.

• Your signature or that of your agent.

For non-payment of rent, you can serve a 14-day eviction notice. The tenant can stop the eviction by paying the rent within the notice period. For other substantial breaches, the notice must also provide at least 14 full days to vacate.

Pro Tip: The day you serve the notice and the move-out day don’t count toward the 14 days.

3. Serve the Notice Properly

Delivery matters. Hand the notice to the tenant in person, leave it at their residence, or send it via registered mail. If they refuse to accept it, document your attempt to serve the notice. Failure to serve notice properly can delay the process.

4. Wait for Tenant’s Response

Tenants have the right to object to the eviction notice in writing before the termination date. However, they must specify their reasons for objecting. If unpaid rent is the issue, they can render the notice invalid by paying the full amount owed before the termination date.

5. Apply to the RTDRS or Court

If your tenant doesn’t vacate by the termination date or disputes the notice, you’ll need to escalate the issue. Alberta landlords can file an application with the Residential Tenancy Dispute Resolution Service (RTDRS) or the Alberta Court of Justice. The RTDRS is usually faster and less costly than court proceedings.

• What You’ll Need:

  • A copy of the lease agreement.

  • A copy of the eviction notice.

  • Any supporting evidence (e.g., photos of property damage, rent receipts, or written warnings).

After filing, you’ll receive a hearing date. Both you and the tenant can present your sides at the hearing.

6. Obtain an Order of Possession

If the RTDRS or court sides with you, they’ll issue a Judgment, which legally allows you to take back your property. The tenant must leave by the date specified in the order.

7. Enforce the Eviction

If the tenant still refuses to vacate, you can hire a civil enforcement agency (a bailiff) to remove the tenant and their belongings. As a landlord, you’re not allowed to change locks or remove belongings yourself without proper legal authorization. Once the tenant has been removed by the bailiff the landlord can change locks.

8. Collection of Outstanding Rent, Utilities & Damages

We recommend starting with the tenant's security deposit and applying it towards any damages first. Why? Because it is easier to collect on rent & utilities without a judgement.

By this point you will already have a judgement for outstanding rent/utilities for the property from your eviction hearing, great. This does not include damages. You would need to go back to court to claim any damages over and above the security deposit, which will require proper detailed paperwork like your move in and move out inspection with photos, quotes etc. Once you have been awarded that judgement for additional damages then you can collect through traditional means.

The great thing about collecting rent & utilities is you can do that yourself. If you haven't already heard of www.frontlobby.com, check it out. Landlords have a couple of options when it comes to collecting rent & utilities. The first option is you pay a minimum fee of $100 (on the pro plan) and Front Lobby will attach the outstanding amount directly to the Tenant's Equifax report to stay there until paid. They will also send out automated emails to the tenants as a reminder of what happens to their credit if left unpaid. The 2nd option on Front Lobby is, Landlords don't pay anything upfront but will pay a 35 - 40% of the total amount collected to the collection agency once the funds have been collected. Front Lobby engages a tenancy dispute collection firm to facilitate a hands on approach to collecting money left owing to you. Front Lobby also reports the outstanding amount to the tenants Equifax report & their Transunion report and it stays there until paid. The great thing about this 2nd process is that the collection firm may engage a skip trace company on your behalf to find the tenant and may be able to garnish wages or bank accounts on your behalf. I don't know about you but sometimes I believe Landlords can use that easy button and Front Lobby is that.

FAQs

1. Can I evict a tenant without notice in Alberta?

No. Alberta law requires landlords to provide written notice for eviction unless there’s an emergency (e.g., the tenant has abandoned the property).

2. What counts as a “substantial breach”?

Examples include unpaid rent, property damage, illegal activities, or violating lease terms like pet or smoking policies.

3. What happens if a tenant objects to an eviction notice?

The tenant must provide a written objection before the termination date. If unresolved, the landlord can file a claim with the RTDRS or court.

4. How long does the eviction process take in Alberta?

It depends on the circumstances. A simple eviction for unpaid rent can take as little as 14 days, while disputes requiring RTDRS or court involvement may take weeks or even months.

5. Can I keep the tenant’s security deposit if they’re evicted?

You can use the security deposit to cover unpaid rent, damages, or cleaning costs. However, you must provide a detailed statement of deductions within 10 days of the tenant moving out. If you need to get quotes for damages then you can send an Estimated Detailed Statement to the tenants within 10 days of moving out and a final statement 20 more days from that date.

6. What if the tenant leaves belongings behind?

Landlords must store abandoned belongings for 30 days if the value of the items equal $2,000.00 or more and notify the tenant. Any unsanitary items can be disposed of immediately. After 30 days, the items can be sold, donated or disposed of if unclaimed. Any unsanitary items can be disposed of immediately.

7. How do I collect unpaid Rent, Utilities or Damages?

Tips for Avoiding Eviction Headaches

• Clear Lease Agreements: A well-drafted lease helps prevent misunderstandings. Include rules for rent payment, property use, and tenant responsibilities. Also review Front Lobby's lease clauses for your province to ensure proper credit reporting options are laid out to the tenants.

• Regular Communication: Address issues early by maintaining open communication with tenants.

• Screen Tenants Thoroughly: Use a reliable tenant screening service to minimize risk.

• Document Everything: Keep records of rent payments, complaints, and notices to protect yourself in disputes.

Conclusion

Evicting a tenant in Alberta may feel overwhelming, but following the legal process ensures you’re within your rights as a landlord. From issuing a proper notice to obtaining an Order of Possession, every step must be handled carefully to avoid complications. Whether it’s non-payment of rent or a substantial breach, knowing how to evict a tenant in Alberta will save you time, money, and stress in the long run.

If you’re unsure about any part of the process, consider consulting a licensed property manager or legal professional for guidance. After all, protecting your investment is worth the extra effort! Reach out today at contact@aspirepeakproperties.com or by clicking the button below .

Get a Management Proposal Today!