Frequently Asked Eviction Questions
We constantly get eviction questions on the site, here are some of the most common questions and the answers. I hope it’s helpful.
What can a tenant be evicted for?
Under the Residential Tenancies Act (RTA), a tenant can be evicted for breaching their residential tenancy agreement. All leases have to conform to the rules set out under the RTA, but common reasons for eviction are non-payment of rent, damage to the property (by the tenant or the tenants guests), threatening other tenants or the landlord and disturbing other tenants enjoyment of the property.
Additional clauses in leases may prohibit smoking, pets and various other activities and if these clauses are breached it would also be grounds for an eviction. As a landlord or tenant, you need to understand your lease and the responsibilities of each party involved.
If there is no written lease, the common reasons above still apply, but additional reasons such as pets or smoking may be invalid as they aren’t specifically covered under the RTA.
What is the length of time for an eviction notice.
There are two types of eviction notices in Alberta. A 14 day eviction notice for standard breaches of the lease and a 24 hour eviction notice which occurs when the threat of violence towards other tenants or the landlord is involved and/or significant damage tot he property has been done by the tenant.
Note that the day the eviction notice is served and the date the tenant is required to be out do not count as part of the 14 days giving the tenant actually 16 days to vacate. Statutory holidays during this 14 day period may also add an extra day to the eviction period as well.
What if a tenant doesn’t leave at the end of an eviction period or of a fixed term lease.
If tenants haven’t vacated at the end of an eviction period or fixed term lease, the landlord has to apply to the courts or the RTDRS to have the tenant removed. During the hearing the hearing officer or judge will hear the reason for eviction and determine if it is valid.
In the case of an overholding tenant who hasn’t vacated at the end of the term the hearing officer or judge will also determine whether the tenant is actually overholding as per the lease and and set a court ordered date for the tenant to vacate if it’s valid.
What if a tenant doesn’t leave by the court ordered eviction date?
If the tenant hasn’t vacated the premises by the time ordered by the courts, the landlord can hire a bailiff to enforce the court order. The bailiff will visit the property, inform the tenants they have to vacate and give them anywhere from 30 minutes to an additional day to get out of the property, depending on circumstances.
Any re-entrance back into the property by the tenants after that point is deemed trespassing and the tenant can be charged.
Additional Eviction Answers
Every situation is unique and every situation can have different solutions. If the answer to your eviction questions aren’t listed here, check out the comments below for more eviction questions and be sure to check out my getting started page for links to articles and guides covering specific eviction topics or areas.