Can a Tenant Be Evicted in the Winter?

This seems to be a fairly common question and as we enter the cold winter months I am sure it will start showing up even more. The question again is “Can a tenant be evicted in the winter in Alberta”

Watch the video to find out what you can do about a tenant who doesn’t pay rent in the winter months.

If you are curious about the eviction process and the steps to evict a tenant be sure to sign up over on the side and get the free report on the eviction process in Alberta. There you can discover how to evict a tenant in the winter!

21 Responses to Can a Tenant Be Evicted in the Winter in Alberta?

  1. Chloe says:

    i have a question. we got behind in feb 2013 and our landlord never gave us anything to sign saying when we had to pay up rent. we did a verbal agreement that when we had extra cash we would give to him. we have stayed on top of our rent every month. and nowhe is trying to evict us with 2 small children. he also has not fixed anything I have ask him to fix. can he do this?

    • Alberta Eviction Info says:

      Hi Chloe,

      A verbal agreement is just as good as a written agreement in the courts eyes, the problem is it is much harder to prove.So, make sure you document everything as far back as you can recall including any extra payments you may have made to help reduce the outstanding amounts.

      The issue at hand here is you haven’t mentioned now much you paid back already. If it was a very small amount, you can understand why the landlord may be getting aggressive with trying to either get you out or get his money back that he is owed. Even if you stayed even from that point on, the outstanding amount would need to be paid down or at least an appearance to being paid down should have been made.

      At this point, again depending on what was paid, he would have a strong case for eviction, your options would be to negotiate a written repayment structure with them to make monthly payments or if he does take you to a hearing for an eviction to make sure you make an appearance and ask to have a payment plan in place allowing you to stay as long as you stuck to the payment plan.

      Of course if you missed any of the payments, you would be liable to be evicted right away, so your priority would be to make sure the payments are something you could meet and that you stick to.

      Make sense?

      Bill

  2. Julie says:

    Hi, my neighbour is being evicted in Feb. Now, he has no lease agreement and the owner of the house has passed away recently. Her son is now in possession of the house and has decided to sell the property. Does he still have to move in the middle of winter?

    • Alberta Eviction Info says:

      Hi Julie,

      You didn’t watch the video, did you….

      Bottom line, your neighbour can get evicted in the winter if there is a reason for the eviction. Like the sale of the property. Note I said sale.

      He can’t be evicted because they want to sell, but only after there is a firm sale. and he then has 90 days after the sale is firm. Now that doesn’t mean he can try and delay or interfere in the attempt of the homeowner to sell, or that can trigger an evictable situation. rather he may want to try and work with the seller to make the property potentially more attractive to someone buying it as a rental.

      Bill

  3. Michelle Williamson says:

    Hello..

    We have a rental property in Hillcrest AB. Our tenant did not pay the rent for the month of October instead giving us a hand written list of items she indicated she paid for that totals her entire monthly rent to the penny. There were no receipts or detailed bills for any of the work. We were never approached to discuss the items she is charging us for, nor was there any agreement or request to do the work completed. She also changed the locks on the building without our knowledge and is now charging us for this. We have no access to the rental property and gave her a 14 day eviction notice on October 14, 2014 for non payment of rent and replacement of locks. We contacted her after the 14 days were up and she will not respond. What can be done to get her evicted. The items she is charging us for is cleaning materials and outdoor pesticides and ant killers as well for the replacement of the buildings locks. She also is charging for lawn maintenance. We have been very accommodating for any request that she has made for repairs and maintenance on the property including cleaning of the gutters, replacing outdoor lighting, removing debris from fallen branches, ect.

    Any information would be helpful.

    • Alberta Eviction Info says:

      Hi Michelle,

      Without an agreement in advance any of the repairs she has completed could be seen as complementary or also as a violation of the lease. This is simple non-payment of rent if there weren’t any original agreements in place and she wouldn’t have much of a leg to stand on fighting this.

      Now some of this may be dependant on your lease, but there’s enough legal history around situations like this you would have very good grounds for eviction.

      As for changing the locks without providing you a key that is in direct violation of the Residential Tenancy Act as well.

      From what I see looking at the area of service provided by the RTDRS you will have to go through the court system to evict the tenant and i would suggest getting on this as quickly as possible. You’ll need to determine which is the closest court serving the Hillcrest area (check with the local RCMP or town administrators for guidance here).

      The guide for evicting tenants I sell off of this site specifically details the RTDRS process, but the information about preparing evidence and what you should include may be very valuable for you. The downside of not being properly prepared is your case potentially being thrown out or the tenant winning. The details are always in the documentation you are able to provide backing up your side of the claim.

      Regards,

      Bill

  4. Soleiha says:

    I own & live in my own. I don’t want to evict, but have given a notice to vacate given today for the tenant to be out by April 30/14. Is this an appropriate time parameter as he is yelling that it is 90 days! He has paid month to month & would not sign the Room rental agreement! I am aware that I am not covered by RTA but I am not considered an Innkeeper either. It is considered shared accommodations.

    • Alberta Eviction Info says:

      Hi Soleiha,

      If I understand this correctly, you have a property that you do not live in, but are renting rooms out of, correct?

      If that’s the case, you do indeed fall under the Residential Tenancy act and the rules in place for the RTA apply here. There’s nothing in the rules stating a 90 day “eviction” or even the roughly 60 days you have outlined here. you can evict with a 14 day notice or a 24 hour notice depending on what the reason for the eviction is.

      The important part being, you need a valid reason to evict which you haven’t elaborated on here. Other than not signing the lease which is not a reason for evicting. I don’t know how many times I can say this, but tenants NEVER EVER get into your property until a) the lease is signed, b) you’ve received the first week/month’s rent and full security deposit in cash, money order or bank draft.

      It seems to have gotten so bad with leases in the last several months, I actually offer lease packages now to help landlords get on the right track. You can find these across the menu system at the top of the page.

      Hope this helps,

      Bill

  5. Stephanie Gallant says:

    Hi there I rent a room from a guy who is leasing a house. I was given a 10 day notice to vacate the premises, on the grounds that he was almost evicted himself due to him not being able to pay his damage deposit. I have paid my rent on time and in a few cases in advance. I am paid up until the end of this month ( February 28 ) he is also with holding monies that was borrowed for personal use and now he is holding it as a damage deposit that I was never charged from when I moved in.

    What can I do about him with holding that money and what is the actual amount of days that he legally has to give me to evict me.

    • Alberta Eviction Info says:

      Hi Stephanie,

      If you’re renting a room you may fall under the Innkeeper’s Act which means there isn’t a specified eviction period. You may want to talk directly to the landlord/owner and explain what is going on, although the agreement you have in place is with the tenant as a subletter.

      Your only avenue may be to go through small claims court and it is something that should b started sooner than later as once he is gone, it can be virtually impossible to track him down.

      Bill

  6. Aaron says:

    hello, i live in northern Alberta, i watched the video, and i was told by someone who owns rental properties, that a person with a family cannot be evicted between Nov 30, and April 1st if they are living north of Peace River Alberta. Is this accurate. I’ve looked online for documentation on this, but am unable to find any. If you know of any info, would you kindly forward it to me via email. Additionally, my landlord has told be that he will be turning off the power tomorrow….this is against the law right?

    • Alberta Eviction Info says:

      Hi Aaron,

      In some provinces there are rules in place preventing winter evictions, just not in Alberta, no matter how far North you are. On the positive side though, there are rules and steps that must be taken to evict you and families tend to get more time to move.

      The more grievous the reason for the eviction, non-payment versus non-payment threats and damage to the property, the less time you have.

      As for the power, that is a huge no no. The landlord is not allowed to do that and can face some serious consequences no matter what the reason for eviction. You’ll need to make them aware of that, I’m not sure of the steps you need to take on your side, but you may want to talk to the power company and explain you are still there.

      Bill

  7. Jolene says:

    Can I evict my tenants in the winter. I have not received rent for half of dec yet and now there is late fees.

  8. i’am 68 years old in bad health,i had a fight with a person who pray on older seniors,i put in a word with the managment but nothing was done,now i’am now kicked out, january 31 2013.

    • Hi Robert,

      Was it a physical confrontation, or just verbal? And did you threaten them? And when did it happen? If you threatened another tenant or individual in the building it may be grounds for the management to evict you with a 24 hour eviction, depending on the severity of it. I’m not sure if this is the case or whether the 31st is the date you meant you had to be out?

      If you feel you have been wronged, I would write a letter to the management informing them you feel the eviction isn’t right and would like to fight it. At this point it would then be pushed to either the courts or the RTDRS where you could have your side heard and depending on circumstances potentially get the eviction over turned.

      You would need to have evidence showing you were not at fault and that this may be an invalid eviction as well. You haven’t provided information about your circumstances, but I’m assuming they have just given you some type of eviction notice, possibly a 14 day eviction notice and depending on the reasons, there may be good grounds to fight it. The notice itself may also be invalid as I see the majority of landlords and management teams out there neglect to fill them out properly invalidating them from the start.

      Hope this helps a bit,

      Bill

  9. Cassie says:

    Can I be evicted in the winter for the landlords personal use?

    • Hi Cassie,

      You would have to define landlords personal use. If they were moving into the property as their primary residence or if they had family members moving in there are specific rules of how much notice they have to provide you and yes you can be evicted, although technically it’s not an eviction unless you don’t leave, then it is a termination of the contract or agreement.

      Off the top of my head, I believe it’s 90 days notice they have to give you, but I would recommend you confirm it by looking it up in the Residential Tenancy Act which you can find links to on this site. If they have given improper notice to you, it basically resets the clock and the time frame starts again when you receive proper notice.

      This is actually where the majority of landlords mess up and might be highly beneficial to you.

      Hope that helps,

      Bill

  10. David Hull says:

    Can a tenant be evicted for drugs being used in the house and, if so, what proof is required?

    • admin says:

      Hi David,

      Great question. If you have somewhere in your lease that the tenant is not allowed to undertake illegal activities within the property then yes you can evict them for a breach of the lease.
      If it’s not in the lease, technically it’s not a breach, but you could report them to the police. The issue is whether there is any proof.
      If you cannot prove they are actually using drugs in the premises, it;s unlikely the eviction would stick and this is the hardest part. If you have witnesses, photographic evidence of them using drugs that would likely be considered proof.
      You are far better off evicting them for other reasons whenever possible and including this as another reason.

      Regards,

      Bill

    • Paul says:

      Bill was absolutely right
      – “You are far better off evicting them for other reasons whenever possible and including this as another reason.”

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