How To Evict A Tenant In Alberta

Renting your property to tenants is considered to be a good investment option. This is an excellent choice for landowners who have mortgages to pay and an expense account which is weighing higher on their liabilities. But maintaining a good landlord-tenant relationship can be a challenge at times. Each year, there are many incidents of tenant evictions. This usually occurs when the tenant breaches the terms of the rental agreement or is responsible for some grave misconduct. We understand that if you are reading this piece, you probably are dealing with an unpleasant tenancy situation. This is our guide to send a notice to terminate tenancy in Alberta:

Grounds for Evicting a Tenant

Firstly, it is crucial for you to understand the rights enunciated in the Residential Tenancies Act. As per the Act, the tenant is supposed to pay the rent when it is due. He/she is not allowed to interfere with the rights of the landlord or other tenants in the premises. No illegal activities such as unlawful trading, business or occupation can be conducted on the rental property. The tenant cannot cause any form of damage to the property or to the common areas in the premises. Additionally, when the residential tenancy agreement expires, the tenant is supposed to vacate the property. In case the tenant fails to adhere to these responsibilities, then the landlord can terminate the tenancy. If the tenant abandons the residential property allotted to him/her for a considerably long period of time, then the landlord can consider this to be a repudiation of the residential tenancy agreement and terminate the tenancy.

Notice to Terminate Tenancy in Alberta

If you have sufficient reason to end the tenancy of your renter, then there is a systematic way to do so. According to the Residential Tenancies Act, there are two types of notice that a landlord sends may send to his/her tenant. The first type is a 14 day notice. You, as a landlord, can send a 14 day eviction notice to your tenant if they have failed to adhere to the norms in the rental agreement. While sending the notice keep in mind that the day on which you send the post is not included in the 14-day period. For example, if you choose to deliver the notice on 4th October, then the notice will be effective on 20th October, wherein the tenant gets time from 5th October-19th October to vacate the place.

The second type of notice is given when the tenant commits a grave crime such as physically assaulting someone or threatening to do something which will malign the safety of other tenants or intentionally cause damage to the rental property. In such cases, as a landlord, you can give a 24 hours eviction notice to your tenant.

While sending the notice here are a few things to keep in mind,

  • The Notice has to be in writing
  • It has to be signed by the landlord
  • The reason for the termination and the address of the property needs to be mentioned
  • The date and time on which the tenancy ends should be stated.

You will need a good lawyer to draft the eviction notice for you. Consulting our legal experts at Prowse Chowne can help you complete this process judiciously.