If you have a real problem tenant who is damaging your property or may be threatening you or other tenants residing in the same property you do not have to go through the 14 day eviction process. You can immediately serve them a 24 hour eviction notice.

If they don’t vacate within the 24 hour period you can complete the old process of going through the courts, or the much speedier process of using the RTDRS. Just make sure you make them aware you issued a 24 hour eviction so you receive a speedier hearing due to the severity of the issue!

26 Responses to Know When You Can Use a 24 Hour Eviction Notice!

  1. Jen says:

    So let’s say a tenant has this great guy she met and for the last three weeks has had him come over on weekends. Everybody likes him and he’s cool . The tenants room mates then sneak into tenants room and go thru his bag while him and tenant are out to the store. Room mates google his last name and find out he has bad criminal record. So roommates give tenant twenty four hour eviction and keep damage deposit. Saying reason is for guys record. Can the tenant do anything to get there deposit back? Is this allowed? Thanks

    • Alberta Eviction Info says:

      Hi Jen,

      So let’s say that this tenant is you, just for fun. I’d seriously consider moving out of there as quickly as possible if I couldn’t trust my roommates to go through private items in my room, whether they are mine or not.

      Under the RTA there is no validation for him to receive a 24 hour eviction and it’s illegal to evict someone for their past record. As for keeping their damage deposit, again, it’s illegal and the tenant should be taking them to the RTDRS or small claims court to make their life difficult and to get their money back.

      Bill

  2. Shaya says:

    Hi, I have 2 renters at my property they are on fix rent. they wanted to reduce rent then we discussed and I explained we must keep it same as they are on fix rent term. they were ok with it, but one renter’s mother who is not even renting with me and neither on the lease has called me & sent me threatening messages to reduce her kid rent (he is adult not kid). I am very upset. can I serve them a 24 hrs eviction notice asap?

    • Alberta Eviction Info says:

      Hi Shaya,

      Unfortunately you can’t as the actual tenant hasn’t threatened you. You’ll have to stand your ground and let them know that the rent will stay where it is and if they find it too high they will have to move on and that if you receive future threatening calls you should report it to the police.

      Bill

      • Shaya says:

        Thanks for your fast response. one of the renter threated to hit us. can I give both of them notice to leave within 24 hrs? I m worry for my safety it is getting very serious. Thanks

        • Shaya says:

          Hi, just to add to above, I have now called cops as I m worry for my safety. they asked me to pay full deposit back & then tenants agree to leave in 1-2 days. I m not sure if they will cause more damages at my property before leaving then I won’t have their deposit to deduct anything. what I should do? do I have to do what cops asked me to do? Pay full deposit first then wait 1-2 days for renters to leave? Please help. I am stuck. Thanks!

          • Alberta Eviction Info says:

            Hi Shaya,

            As a tenant has now threatened you directly, you can accelerate it to a 24 hour eviction. As for giving them the deposit to leave a couple days prior, that would be crazy as you indicated there is no reason for them to not damage the place.

            I would however make an arrangement with them that they can receive their full deposit back if the place is clean and undamaged on the day they move out, less any pro-rated days that they stayed. If they have issues with that, usually because they need the deposit for the next property, the alternative is to let them know you will carry forth with the eviction and you don’t have to provide them with the deposit or any part remaining until ten days after they vacate.

            It might open their eyes to this being a good deal.

            Hope that helps,

            Bill

          • Shaya says:

            Thanks for your help and the info. We let our renters go with their full deposit otherwise they were not willing to leave and we were not feeling safe to stay with them. They owe us money and we don’t have their forwarding mailing address. How can I do it?
            We gave them eviction notice because of threats they gave us and they think they don’t have to pay us rent because we gave them notice to leave.
            Sorry, I know I am asking you too many questions and you may be feeling annoyed.
            I really appreciate your help! Thanks a ton. You are Awesome!

          • Alberta Eviction Info says:

            Hi Shaya,

            Glad to hear you have them out and can move forward.At this point I wouldn’t worry about trying to get any money they owe you, but rather focus on getting new tenants in. With the low vacancy rates in most of Alberta, you should be able to fill them fairly quickly.

            Once tenants are gone it’s a huge hassle and very rarely fruitful when it comes to recovering money owed, so take the win of just having them out and the ability to potentially get better tenants in to replace them.

            You might find this free course on tenants screening I put together helpful for you as well, Tenant Screening 101

            Hope that helps,

            Bill

  3. Hally says:

    Hi
    Thanks for your initiative in starting this website. Do u think it is appriate to give a tenant a 24hr eviction. Him n his friend are fighting n have destroyed our condo unit. One of them has signed n agreed to them fighting n destroying the unit. I need them out ASAp before more destruction.
    Please advice on my next step.
    Thanks.

    • Alberta Eviction Info says:

      Hi Hally,

      If it just occurred yesterday yes, you can provide them a 24 hour notice. If it was a week ago, you will need to continue with a regular eviction through the RTDRS or the courts and by pass a 14 day eviction.

      So next step depends on when it occurred!

      Bill

  4. tanya says:

    I would like to talk by phone. Can I contact you?

    • Alberta Eviction Info says:

      Hi Tanya,

      I typically reply to queries on the site within 1-3 days for free, I’ll answer emails with simple questions as I have time and I usually deal with phone calls as part of my eviction consulting which is $50 for a 30 minute call on a priority basis (typically same day). More information about this service here, Eviction Consulting

      While I would love to help everyone for free, I have my own businesses to run. This is what led me to having to remove my phone number from the site last year. For the most part all of the information on this site is free to landlords and tenants with the exceptions of the guides, forms and consultations.

      If you would like to email me, you can reach me at info@albertaeviction.com, or you can use the link above to set up a consultation and I should be able to get back to you yet this evening.

      Regards,

      Bill

  5. Anna says:

    We allowed one of my husband’s contract employees stay in one of the rooms in the basement of our rented house where we have 2 other workers “renting” rooms as well. We allowed this particular worker and his girlfriend stay without any payment on a temporary basis because they had nowhere else to go, the room is empty, we felt bad for them so we let them stay.
    Since being down there almost 2 weeks now, they fight constantly. Yelling and screaming, things being thrown around, doors slamming drunken fighting. The other guys down there have complained about it and it happens every other night it seems.
    Just 2 nights ago they were at it again and this time was especially bad. 3 hours it went on, and although I know I should have just called the police, but in trying to avoid the inconvenience and in attempt to just get them to be quiet so me and my husband could get some sleep…I went and banged on their door. No answer so I opened the door…it was unlocked and yelled down the stairs “what is going on down here”. The girlfriend came out and started yelling about how her boyfriend was throwing her things outside. I told her “ok look, it is 1 am, I have been listening to you scream and yell for 3 hours and I just want to sleep. So you have 2 choices, you can calm it down, or you can leave” She replied by telling me she didnt care if I have to sleep, he’s ruining her dresses etc… I went down the stairs to the landing and I said “Again…2 choices, shut up, or get out” She then got in my face and insulted me by yelling that I am gross, fat, disgusting..a number of other things and repeatedly yelling “EWWWWWWWWW” at the top of her lungs. I admit, I should have just turned around and gone back up the stairs but I kind of lost it and I hit her.
    Needless to say, she called the police who came the next morning to arrest me on an assault charge. I also got a no contact order put against me.
    Now the problem remains that they will not leave our house. The police officer told us that as soon as we let them move their belongings in, they became tenants. Although no paperwork was signed, no agreement was made verbally or otherwise, no payments were recieved…as far as I understood, they were guests. Now they won’t leave, saying they have no money and no where else to go…. police will not remove them, I am at a loss on what to do…. advice???

    • Alberta Eviction Info says:

      Hi Anna,

      Oooops, looks like you’ve learned a few things already, the hard way.You have a couple options potentially here depending on how you’re set up. First if you are really operating this with just renting rooms and you have shared kitchen and living room that everyone uses, you fall under the Innkeeper’s Act.

      If that’s the case, it’s very easy. Next time they cause a disturbance, simply call the police and get them escorted off the property. Under the Innkeeper’s Act, if guests are causing a disturbance, then the police can escort them off the premises. Some will have issues with this as the Innkeeper’s Act and the Residential Tenancy Act fall under civil versus criminal matters which the police don’t enforce. They do cover the disturbance part, much like unruly guests at a hotel can be dealt with.

      Alternatively, if the tenant was an employee when he moved in, there are provisions for providing housing to employees and terminating them when the employment ends. This may be your other alternative to pursue.

      Hope that helps give you some avenues to pursue.

      Bill

  6. Iona says:

    I have a tenant who is very disrespectful . He fuses n swears at me. He was 5 days late paying his rent he has been late 3 out of the 3 months he has been in the suite. So on the 5th day he was late I put an eviction on his door. He phoned n left a message on my cell cusing n swearing at me n threatening to sue me for demeaning him . Can I give him a 24 hr eviction for notice for verbal threats. He has emailed a money transfer to me for the rent but not the late charges or the water bill that he said he put in his name but didn’t and water co sent me the bill.

    • Alberta Eviction Info says:

      Hi Iona,

      Short answer, no, although you can evict him for continuous breach of payment. This would be a 14 day notice, or more effectively if you believe he will fight it, going directly to the RTDRS or the courts to file based on him continually paying late.

      If he threatens to hurt you, or your property, then you can ramp it up to a 24 hour notice, but you must do it immediately, delaying two three or more days after the incidence will weaken your position. If you want them out in 24 hours, but it took three days to take any action, it is deemed less serious, if it’s issued day of the infraction, then you appear much more serious in the eyes of a court.

      Regards,

      Bill

  7. jane says:

    We have a tenant whose fixed lease is up end of july. With the recent flood, the house was evacuated. 10 days later we were allowed in, and the house was cleared as the flood did not damage the house. 1 inch sewer back up in basement which was cleaned up in 2 days. The tenant is now refusing to pay rent for july. Him and his wife are going through a divorce and she has moved out. He is refusing to pay rent because supposedly the house is not safe for his children. (the house was not damaged by the flood. His job takes him away and he is not at the moment living at the house. He is refusing to move his things out of the house and refusing to pay rent. What do we do? the lease is up in less then 3 weeks. He is now threatning us with a law suite as he is going in all the way ” his words, I make more money than you do” What do we do, we want them out of the house but also the rent money. The house is such a big mess, it is filthy as they have not looked after it. What should our first step be?

    • Alberta Eviction Info says:

      Hi Jane,

      The floods have caused a huge issue for both landlords and tenants. In this case it sounds like the tenant may be leveraging the situation to his advantage, so you will need to take some type of action. If you sit and wait to see if he does leave at the end of July you won’t likely ever collect July’s rent and while you may be able to retain his security deposit to cover rent, you will be out the cost to clean up the property and to get it back to a rentable condition.

      If you take him to the Residential Tenancy Dispute Resolution Service or to the courts, you should be able to get a judgment ordering him to pay the rent which should be your primary goal. Once he’s gone getting a judgment is a painful process and collecting is even worse.

      Your first step is to decide whether to go forth with the eviction yourself or to hire an eviction firm. If you need to keep costs down, I would suggest picking up my Eviction Guide reading through and taking them to a hearing via the RTDRS.

      If you want someone else to deal with it, you will need to hire an eviction service company and let them do it. This will cost around $800 and up depending on how difficult the eviction and the tenant is.

      Hope that points you in the right direction, if you have more questions feel free to leave another question.

      Bill

  8. Pierre Marchildon says:

    i have sublet a room in a house in EDMonton , i left 3 days ago and gave notice to vacate by sept 30th or sooner, however my roomate stayed behind, last night his girlfriend went knocking on neighbours door with blood on her, in fact the neighbours door still has marks of blood on the door, neighbours on all sides are afraid of what will be next. Does this qualify for a 24 hour eviction??? If it does i will be happy to get your book.

    • Hi Pierre,

      I’m a bit confused, can you provide soem extra information? I think what you’re saying is you are renting out a room in your property, is that correct? If it is, you might have different avenues than a 24 hour eviction as you would likely fit under the Innkeeper’s Act.

      A 24 hour eviction notice applies to situations where the landlord or other tenants are threatened by a tenant. In your case I’m not sure if they were threatened by the girl, or just scared. This could be grounds to turn it into a 14 day eviction, but not necessarily a 24 hour eviction.

      Providing them a 14 day eviction notice would be counter productive at this time if you’ve already given them proper notice to be out on the 30th. I would suggest talking to them, letting them know they have upset the neighbours, see if you can have them clean up the blood and reinforce to them how important it is to be out by the 30th. Also, make sure you document all of this, but a bit more in depth.

      At this time you don’t require my guide, but if it ends up you do have to go through the process of evicting them through the RTDRS, I would think you would find it very helpful.

      Bill

  9. Graham Kinahan says:

    Hi Bill, I am currently overseeing my father in law’s property while he is away. My brother in law resides at the property as well as another renter. Unfortunately no formal lease was signed to the best of my knowledge and the renter pays monthly at the agreed amount. There have been recent issues with the renter where he has allowed others to stay at the home wihtout getting approval from my father in law or myself. He has also threatened to fight my brother in law on a few occassions and most recently was involved in a physical altercation with one of the people he allowed to stay there. The police were involved and have charged him with uttering threats towards my brother in law. I served him a 90 day eviction notice on June 29, 2012, but would like him out sooner.

    He is not allowed back to the residence at this time due to the charge and the police putting conditions on him not to attend. I read some of your articles and just want to confirm, do I or do I not have to file with the court to get a 24 hour eviction notice? If and when I get the notice, how long do I have to serve him with the notice as we do not know where he is at this time.

    Thank you!

    • Hi Graham,

      You have a bit of a predicament here. Since the incident occurred almost two weeks ago a 24 hour eviction notice would probably be easily fought, to use a 24 hour eviction notice it must be used within 24 hours of the incident (note this is a just a guideline, not actual fact). 24 hour evictions are deemed very serious offences and by delaying the seriousness is also diminished.

      Technically in Alberta we don’t have a 90 day eviction notice, you can do a 90 day termination of a lease, even a verbal one, but since you called it an eviction you may have a workaround. You should be able to file an eviction directly with the RTDRS, or the court house depending on where you live in the province, and potentially get a hearing within a week or two.

      The issue being you need to serve him the hearing paperwork and without knowing where he is currently staying, this can be a bit daunting. Do you know where he works? Do you have any contact emergency numbers you can call, an email address or post office box number? Any of these may be a viable method of serving him once normal methods fail.

      I really haven’t run into this issue when it involves what appears to be a restraining order, so you may have to actually contact the RTDRS or the courts just to see what your options are for serving a missing tenant. You can reach the RTDRS through the government toll free service at 310-0000, then dial 780-644-3000. I would love to hear what they suggest so I can pass it on as well.

      hope this helped a little,

      Bill

  10. RITA says:

    I UNDERSTAND U HAVE VERY INFORMATIVE PROCEDURE – BUT DO YOU PERSONALLY HANDLE THE EVICTION? IF YOU DO – WHAT ARE YOUR CHARGES?

    THANKS
    RITA

    • Hi Rita,

      I don’t personally do the evictions for people, but I do consult for people who need guidance. If you require someone to take it all the way through from filing to the courts, there are several companies available to help you.

      In Calgary, I have dealt with Foster and Co quite successfully there number is 403-259-0029. If you are in Edmonton or Northern Alberta, you can talk to Associated Eviction at 780-455-1101.

      These services start at approximately $800 and depending on how difficult the eviction or how long it drags out it can be quite a bit more.

      If you want to do the eviction yourself, I provide a guide with a detailed walk through of the entire process. The guide walks you through all the steps of an eviction and “demystifies” the process. It’s available for $37.95 and you can find more information about it here, http://www.albertaeviction.com/eviction-guide/. With the purchase I’ll also provide email support for any questions you have.

      If you need a little more guidance, I also charge $100 per hour for consultations about evictions and although I am not a lawyer, I can help provide strategies and answers to the majority of the questions out there.

      Or if you have simple questions, leave them on this site and I typically respond within 24 to 48 hours and the questions often help other landlords (or tenants) with similar problems.

      Regards,

      Bill

  11. Alberta Eviction Info says:

    Hi Cathy,

    For a 24 hour eviction you would require threats against you or the other tenants, so depending on the degree of verbal abuse and what was said it can make a huge difference.

    You don’t really fall under the Residential Tenancy Act though, the closest legislation you fit in is the Innkeeper’s Act which gives you more leeway for evictions. It does also present other problems as it is not enforced consistently.

    If smoking is against the lease you have and subletting as well, these would both be valid reasons to evict, so you could also go that route.

    Bill

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