Alberta Eviction Notices
The first step many landlords take in dealing with problem tenants is to give tenants eviction notices. The problem though is where to get one? What needs to be included? And maybe even how do I deliver it to them?
You could always resort to a Google search, in fact that’s how many people find this site.
What I find most curious though is the majority are looking for free eviction forms which scares me.
First question that would pop up for me would be, (this is a bit unfair as I have a bit more experience with this, but hang with me), is the form I find legal or valid?
An eviction form that’s missing simple little items like the date the tenants are served could end up being invalid and ultimately useless, except that they’ve given the tenant an extra two weeks of free rent. If they don’t have a spot for you or whoever is representing your property to sign (and you took the initiative to sign them, didn’t you?) they’re also invalid.
The example of a bad eviction notice I have in the image on this page is a great start for what not to do (if you need a copy of this one, just leave me a comment below with your email address and I’ll send you the template). Not only doesn’t it have a date, it doesn’t give the proper amount of time for them to be out and it isn’t signed. That’s just for starters.
It’s actually missing six other items that I can quickly list off that are required to make it valid and even more depending on the reason for eviction, but hey, it’s free!
$390,000 = $1,900 = $0
Do you like my math? It’s the math that can make a bad tenant problem worse. Here’s how it works and I apologize if the first two numbers are off a bit.
The first number, $390,000 is the rough value of a rental property. Sometimes it’s a bit more, sometimes it’s a lot more and sometimes it’s a bit less, but once you are dealing with six digits and dollars, the property definitely has some value.
The second number, $1,900, again can be higher or lower, but it’s a rough rent payment. that $1,900 number allows you to keep your $300,000 (approximately) property running. Without that rent payment, you need to come out of pocket to cover your expenses, so it’s an important number. Are you still with me, because the last number makes it interesting.
It’s the $0, the number that just doesn’t help in this math. That’s what some landlords expect to pay not only for their eviction notices, but for their leases, for landlord advice and for information to help them with problems. Now there’s plenty of information out there for free. Some of it is incredibly helpful and some of it is incredibly dangerous, some of it is wrong and some simply isn’t applicable here in Alberta.
I like to think this site is a great example of the incredibly free helpful landlord and tenant eviction information sites. There is a huge amount of information amongst the posts and the articles to help explain the eviction process, to explain when and where to use eviction notices, the types of eviction notices out there and other options to evict tenants.
My Eviction Notices Aren’t Free,
Because They Work!
I don’t however have free eviction forms, they cost you a few dollars and you can grab them here (Not Free Alberta Eviction Forms). The reason they aren’t free is I had to pay for them with my mistakes, with learning what is required on them and even with the assistance at one point of some not free legal advice. They evolved over time and through my own learning curve, I just have tried to shorten that curve for others.
I actually tried to go the extra mile be including both the 14 day eviction form and the 24 hour eviction form, plus explanations of when you can use each one. To help you even more, I also included examples of how to fill them out, samples of completed forms and blank forms you can use over and over so it was easy for you to do and answered all the questions you might have.
It’s a pretty complete package, I’m pretty happy with it and just about everyone who has bought it has had good feedback or feedback that has allowed me to improve the package, which helps the next people to buy it. Now, whether people buy it or not is up to them, which brings me back to the $0
Don’t Shortchange Yourself
The problem with looking for free information is that it’s often worth exactly that. Free and with equivalent value. That is not always the case, just pretty common, especially online where it’s hard to validate sources and where it’s still the wild west.
My problem is that if you need eviction notices or eviction forms, or residential leases or anything else Real Estate related, don’t look for the free versions. And as much as I would like you to buy my forms and guides, I’m not saying buy them from me either. Just try not to resort to free forms.
Talk to a lawyer, talk to another landlord, talk to one of the local Landlord Associations, just make sure you are getting an actual valid, useful form(s) that won’t short change you in the future. While this applies to the eviction forms, which this article is mostly about, it also is even more important when it comes to your leases!
Don’t make the costly mistake of a poorly constructed lease that turns your $390,000 asset into a newly bank owned property that puts you in the poorhouse, all so you could save a few bucks. Don’t reduce that $390,000 property down to a missed $1,900 rent payment that reduces everything down to zero. Don’t let that math work!
Order your forms NOW and let’s get that problem tenant out of there, rather than making a costly mistake and using the wrong forms! Just click the image below to get started!
Want More Info About The Forms?
Follow this link to get the details, Alberta Eviction Forms Package
Hi Bill,
Thank you for what you do and for taking the time to help with these issues. I have a question that I am hoping you can answer and I would so appreciate your reflection upon my situation and your opinion if you would care to give it . I am a disabled woman on a very low income , renting from a non profit housing society. I am a reliable and responsible tenant. My difficulty is my upstairs neighbor who , since I moved in four months ago, has kept me awake 8 nights of 10, and often until four am. He has been sent letters , by the property manage, to cease . He insists with them that the noise is not his doing. I am aware that he has been an issue for previous tenats of this suite , to the extent that the apartment turn over was very high. Others have also complained.
My property manager is suggesting that I move, and my fragile health well and truly makes this a dangerous proposition as I have a heart condition and must be very careful. He is insisting with me
that the cost of eviction is , and I quote ” in the tens of thousands of dollars” . Is this the case ?
The property manager arrived without notice , yesterday , bringing someone with him , so that he
could go upstairs and conduct a noise test , and drawing the conclusion that the noises I was hearing came from somewhere else in the building. In addition , the upstairs tenant has admitted that he was in fact constructing book shelves , and was told to stop., after previously denying this.
This would indeed confirm my observation that I was hearing drilling, hammering, sawing, and sanding and yet the property manager is insisting that the other noises I am hearing , which include heavy objects being dropped repeatedly etc. are either the garbage chute or coming from somewhere else in the building. I believe that the neighbor is now intentionally disturbing my sleep, doing things like banging loudly on what sound like cooking tins, and the like.
I would so appreciate your insight , as this situation is degrading my already poor health. Thank you so kindly.
Bayah.
Hi Bayah,
You are in a tough situation when your landlord doesn’t deal with real problems. The cost of eviction for someone experienced with the process can range from the filing fee of $75 and potentially a month’s lost rent (not always the case, but it happens) to around $2,000 if you use an eviction service company to complete the process.
This is all based on you having a valid eviction situation. Any property manager who knows what they are doing should be very familiar with this as evictions do eventually happen if you have been doing this any length of time.
At this point I would continue to update the property manager to make sure he stays on top of this, to start making sure you document every interaction with the PM and any issues from the building/tenant above. Then if this isn’t dealt with in the next several weeks you may want to consider filing with the RTDRS under the grounds that you are not being allowed a reasonable amount of peace and quiet that a tenant is entitled too.
You’ll need evidence for all of this and that is where the documentation comes in along with any statements/evidence about the turnover of your current unit and the complaints of other tenants.
hopefully that points you in a direction you can work with,
Bill
Hi Bill,
Great info on your site. I am a tenant and have a few questions I’m hoping you can help me with. I moved into my rental property in Edmonton only just before Christmas. At the time the landlord and I agreed that if I paid the pro rated rent until the end of December that once I was able I could pay the deposit. On Christmas eve he advised that is I did not pay him that day then my 14 day notice is in effect. Is this proper notice? Is there anything I can do?
Thanks Laura,
The landlord can’t evict you for not paying the damage deposit now. He needed to collect it prior to you moving in. That doesn’t mean you shouldn’t, but he’s bluffing. Also, any eviction notices he provides need to be in writing, not verbal.
Bill
Can you tell me if I need to hand deliver my eviction notice, and it has to be accepted by my tenant by hand?
Hi Carmela,
It doesn’t have to be hand delivered, but you would have to prove they received it, or at least provide enough proof that they should have found it.
Then again, if it’s just an eviction notice it’s no guarantee they will leave.
Bill
I just wanted to add a bit more to the story of using the wrong forms. I’m actually helping a tenant out right now who has a landlord that obviously doesn’t know what he’s doing.
He first gave the tenant a form he must have found out of the US.
The tenant corrected them just before the end of the period stated in the form that it was a form that didn’t apply in Canada.
The landlord then sent a new form, note he was about six days behind now, this one was closer to something that could be used in Alberta, but was missing critical information to make it legal.
Fast forward a bit and the tenant caught up on the late rent, but the landlord informed the tenant he had already talked to the sheriff and the eviction still stood.
The problem was he wrote the eviction out wrong and it will get shot down quickly in court, add in the fact that the “sheriff” can’t help until there is a court ordered eviction date, so he was obviously fibbing.
In this case the tenant should receive the eviction notice as a warning, but he will never get an eviction the way he proceeded.
As I look at the situation, I realized I could easily delay, dismiss and stall any attempts this landlord made if I was the tenant and could even potentially live rent free for several months.
Fortunately for him, he saved $40 by not buying my guide or my forms. He saved even more by not hiring a lawyer to explain the eviction process to him.
Bottom line, don’t be this landlord! Learn the rules so you don’t make the same mistakes and don’t lose several months of rent!
Bill
As usual, a fabulous job, Bill. God bless you for all the help you’re doing.
Thanks Harry! Glad you liked it.
Bill
This is so true. The proper forms are absolutely necessary. I really appreciated your example that points out the importance of being willing to pay for valid forms to protect an important investment. I’ve fallen into the “free” trap at times.
Just an interesting sidenote. I used a proper 14 day eviction form this month, and waited for the “objection letter” from the tenant. When they didn’t object in writing, I thought that should help me in going to court, cause of course they didn’t leave. Now Alberta Service tells me the tenant doesn’t have to notify of me of their objection to the reasons; they can just “not leave.” I’m starting to question my ability to read as I thought the tenant had to respond. Personally I can’t wait to be free of rental houses that I already don’t feel I “own.”
Thanks for your great advice. Its so important for landlords to cover absolutely every step, as our tenants certainly know what WE must do. Now if they only knew what THEY need to do. (sigh) 🙂
Hi Linda,
Thanks for your input, it’s always appreciated!
The objection is a duel edged sword. If they object, it can speed the eviction process along as you know you have to go to some form of hearing.If they don’t, you have to wait until the end of the eviction period and then go to a hearing.
From the tenant side, if they have a valid objection, it’s far better to go the objection route as it puts them in a stronger position. If they wait for the landlord to take them to a hearing it almost seems like the hearing officers and the judges push their lack of an objection aside. It’s almost as if they put the onus on the landlords to know all the rules and at times they give tenants an automatic get out of jail free card.
That’s why my number one tip for landlords evicting tenants is to document everything. This also applies to tenants with problem landlords, document everything.
My number two tip is that as a landlord, when you talk to tenants, either in person, on the phone or via email, you explain everything to them accurately as well. Educate them on the process, the likely results and then document everything you did to inform them as well. Having all of this as part of your application for eviction makes for a much more powerful case than simply showing up and playing he said she said.
Regards,
Bill
So true, Bill. Document, document, document!
Thanks for all your information and hints. They do help.