Understanding Alberta's Eviction Process
Evicting a tenant in Alberta requires following a strict legal process under the Residential Tenancies Act. Self-help evictions — changing locks, removing belongings, shutting off utilities — are illegal and can expose you to significant liability. Follow the proper steps.
Step 1: Identify the Grounds for Eviction
Common grounds include: non-payment of rent, substantial breach of lease terms (smoking, unauthorized pets, noise), illegal activity on the premises, and the landlord or immediate family member moving in.
Step 2: Serve the Correct Notice
- Non-payment of rent: 14-day notice to pay rent or vacate (Form 8)
- Substantial breach: 14-day notice to remedy or vacate (Form 10)
- Illegal activity / safety: 24-hour notice to vacate (Form 12)
- Landlord moving in: 90-day notice (periodic tenancy)
Use the correct prescribed form from Service Alberta. Errors on the form can invalidate the notice.
Step 3: Wait for the Notice Period
If the tenant remedies the breach (pays rent, removes pet, stops smoking), the tenancy continues. If they don't vacate by the end of the notice period, proceed to Step 4.
Step 4: Apply to the RTDRS or Court
If the tenant doesn't comply, apply to the Residential Tenancy Dispute Resolution Service (RTDRS) for an order for possession. The $75 filing fee is typically added to the claim. Hearings are usually scheduled within 6–8 weeks. For claims over $50,000, go to Court of King's Bench.
Step 5: Enforce the Possession Order
If the tenant still won't leave after an RTDRS order, you can apply to the Court of King's Bench for a writ of possession, which allows the sheriff to enforce the eviction.
What NOT to Do
Never change the locks, shut off utilities, remove the tenant's belongings, or harass a tenant to leave. These are illegal regardless of how justified you feel and can result in significant damages being awarded against you.