Invalid Eviction Notice Forms
One of the ways people find this site is by searching for eviction notice or 14 day eviction notice, which is understandable as eviction notices are a great first step when it comes to eviction.
The problem is, so many landlords are looking for free eviction forms off the internet. Now in reality that’s not the big problem.
The big problem is so many of these free eviction forms aren’t valid and if they aren’t valid you’ve just wasted your time, you’ve given your tenant additional free stay days and you’ve set yourself back.
I’ve been evicting tenants since 2005 and it’s not typically much fun, it’s even less fun when you do it wrong.
You end up frustrated with the system, frustrated with the tenants and frustrated being a landlord!
But it doesn’t have to be this way.
Eviction Guides and Eviction Notices
I’ve done this the hard way, which was the wrong way…
I’ve learned that in many cases you don’t even have to provide eviction notices, you can instead simply go directly to the RTDRS for an eviction. That’s why I created a complete guide that helps landlords evict tenants, that includes the insights to help them understand their next steps and I’ve also taken the forms I use to evict tenants and include those as well giving you all the options!
I include these forms in my Eviction Guide, but some people insist they just want eviction forms (although they are really missing out on some key information when it comes to evicting a tenant by not getting the guide!).
So I have put together a middle ground solution.
Actually, for what I am putting together, I think it’s not just middle ground, but definitely far over to one side and it’s not my side! The solution in this case consists of a complete set of both 14-day and 24-hour eviction forms complete with three versions of the form.
Why three versions? So you fill them out correctly, completely and most importantly understand how they work!
These versions are as follows;
- Walkthrough version
this version includes everything you need to know about what to include, and what you CANNOT skip - Example version
this version shows you an example of a completed eviction form - and a Blank version
this version is for you to print off and use when needed
Both 14-Day and 24-Hour Versions!
Now to make this complete, this isn’t just the 14-day eviction, but I am also including the 24-hour eviction notice which is what you use when another tenant is threatening you or another tenant or causing serious damage to the property. With this form is a breakdown of how and when you can use it and the correct steps to use it properly.
Plus I provide a few more insights as to how you should be using the forms along with an explanation of why you may want to look at the Residential Tenancy Dispute Resolution Service (RTDRS) as an alternative.
Eviction Notice Forms
Our Alberta Eviction form package has been updated! In the last week I added even more information a landlord needs to know when using these forms.
This includes information on what you can evict a tenant for, explaining what substantial breaches are and I even touch on the next steps of the process if the tenant doesn’t leave after the eviction notice date.
You can find out more about it right here,
Alberta Eviction Notice Forms Package
Hi,
I have a tenant who I am renting a room too, for reasons unknown she was unhappy with me keeping recycling in the kitchen. After a minor dispute over this, and when I was out of the house she threw all of the recycling into my room – literally threw, I actually have text messages from her stating that she had done this, I also have pictures.
I have not posted the Inn Keepers Act Rules, but based on the what I’ve see, the 24 Hour Eviction rules do seem to apply.
Can you confirm if this is true? I’m now worried that she might be mentally unstable, and afraid she will cause real damage instead of just throwing trash into my room.
Hi Michael,
Obviously this isn’t acceptable behaviour by anyone, never mind a tenant, but it may not fit under a 24 hour eviction. At this point if you think she will leave quietly on her own you could provide her with a 14 day eviction notices on the grounds she couldn’t get along with you and was displaying unacceptable behavior.
Depending on how much evidence you have and how much history of craziness has been going on you may want to accelerate it to a hearing at the RTDRS. Since you;re renting a room to her and have shared common areas, you may want to call them first and they may tell you you’ll have to go directly through the courts as situations like that don’t fall under their jurisdiction.
That would leave you a court hearing which has a similar process.
Bill
Hi Bill,
I appreciate the reply, I called the Residential Tenancy Board information line, and spoke with two separate people there. Both of them said the same thing, the rules for eviction are based on whatever agreement we had, as the Tenancy Act doesn’t cover our situation, so we would have to go to whatever we had in writing, which at this point is nothing.
Any thoughts on that?
Cheers,
Michael
Hi Michael,
did you have any sort of written agreement? Even default agreements tend to have sections covering general upkeep and if you do, that may be your out, or at least a place to start. It may come down to taking her to court, or possibly giving her a deadline to get out because you will be changing the locks.
This can backfire, depending on how she deals with it, but ultimately it may involve her having to take you to court to potentially get back in and that may be enough incentive for her to move on by her self.
Bill
Hi Bill,
No it was all verbal, I did supply her with initial receipts for her deposit and rent though, but even then the Tenancy Board still told me that since it was a shared accommodation it wasn’t covered by the act, and was all based on what we agreed upon; they were very clear on it. I’ve already given her eviction notice, and she told me she will move out on time, so far it seems like it should be okay.
Michael
Point blank. Room rentals in homes do not fall under landlord act.
Well Chris, you’re partially right, just not completely right. If the landlord resides in the property and shares common space with the tenant it is outside of the Residential Tenancy Act in Alberta.
If the Landlord lives upstairs, has their own suited section that is off limits to the tenants by a locking door, and rents out rooms in a suited space downstairs, you get into some gray areas and depending on other variables it may still fall under the RTA.
And finally if the landlord does not reside on the property at all, it fits under the RTA. So I’ll give you 33% on your point blank!
Bill
Hi Bill, Thanks for all of your helpful tips. I have a tenant problem and have served a 14 day eviction notice for failure to pay rent and for the tenants refusal to facilitate access to address any concerns they have raised. I fear that they will try to pay the rent and try to stay in the house. It has come to light that there are two businesses being run out of the home (one is a day home). The tenants have no permission for such activities. How do I add my new grounds for eviction to the record in the event that they do not leave when the eviction notice states? Any advice would be greatly appreciated.
Hi Don,
Glad the tips have been helpful, in your particular case I would simply let the 14 day notice go through as you cannot add anything to it at this time. If they do pay, then the next avenue would be to go directly the the RTDRS (or the courts) and file for an eviction on the grounds they are breaking the terms of your lease. The next part will be dependent on your lease, but I am pretty sure it doesn’t stipulate they can operate a business like a day home in your property. You might want to be able to verify that is indeed the case by searching for any online ads or ads they may have posted in local stores that could help implicate them if you go to court. You may have a clause in your lease that stipulates tenants are not allowed to pursue illegal activities in your property and running an unregistered dayhome without proper licensing would fit in that spectrum
Also, if this is a recurring theme where they are late you can file for them being consistently late which is a breach of the lease. If you can include all of this in your filing even better. Good luck.
Bill