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Alberta

Alberta Eviction Process

Last Updated: August 31, 2018

What’s the deal with evictions in Alberta?

Fixed-term leases ended on the date prescribed, but all other leases automatically renew if the landlord does not send a notice of termination. The Residential Tenancies Tribunal regulates leases and can be brought in to aid the eviction process.  If the tenant has not left by the date specified in the eviction, the Office of the Rentalsman will carry out an order to evict for $75. Upon eviction, the landlord must provide a method of contact to the former renter, where they can go to collect their property.  

Why would I evict a tenant?

  • Assault or threats to assault the landlord or tenants
  • Material breach
  • Non-payment of rent

What would the eviction process look like?

The landlord must provide written notice to the tenant allocating the required notice time prior to giving the notice of eviction. The length of notice required will vary based on the reasons for the notice itself.

A typical eviction process would be for non-payment of rent. When the rent is late, the tenant may be given the notice to vacate.  On the fifteenth day after the notice to vacate has been issued, the property manager can ask the tenant to move out. If they have not moved out that day, the landlord may contact Rental Tenancy Dispute Resolution Services.

Security Deposits

Property managers must deliver all security deposits to the Residential Tenancies Office (RTO).  If within seven days of a tenancy termination neither party can agree on the appropriate distribution of the deposit, the landlord and tenant can file claims to the RTO.  The burden of proof lies with the landlord, therefore they should send a copy of the lease and notice of termination, as well as any evidence that could aid in judgement. The tenant will be asked if they would like to dispute the claim, or amount of money demanded, and then the RTO will adjudicate.

How sizable can a Security Deposit be?

A security deposit can be up to one full month’s rent, including any money required for the key deposit.

 

Does the money need to be kept in a separate account to allow it to accrue interest?

The Security Deposit needs to be placed in a trust account at a bank, credit union, treasury account, or trust account within two days of the landlord receiving it.  The accumulated interest needs to be paid back to the tenant at the end of each year.

What can security deposit money be used for?

The landlord is required to return the security deposit to the tenant within ten days of them moving out if all of the following apply

  • The renal unit has been properly cleaned
  • No rent or other costs are owed
  • There is no damage beyond expected wear-and-tear

 

Disclaimer: Many of the terms in these fact sheets may relate to certain legal rights and obligations that tend to change from time to time. The information provided does not constitute legal advice and the manager of this database is not a law firm. These materials are intended, but cannot be promised or guaranteed to be current, complete or up-to-date. The specific interpretation of the terminology, acts and relevant regulations depend on the laws and procedures corresponding to that particular province. All of these fact sheets are to be used for informational purposes only and are not meant to be used as legal advice. If you need more information about your province or territory, including details about legal orders, notices and certain forms, contact your local rental authority or a qualified lawyer in the area.

Resources

Service Alberta

Tenant Rights Fact Sheet

Jack Beaton Sterling Karamar, Property Management
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