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!

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

  1. 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

  2. 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

  3. 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

  4. 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.

  5. 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

  6. 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

  7. 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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