Eviction Enforcement Changes
If you are evicting a tenant in Alberta there have been some changes you should be aware of that took effect starting October 1st, 2011. The changes do not affect the tenant eviction process, but more so the enforcement of how an eviction in Alberta takes place.
It also creates more of a disparity between a landlord being awarded an Unconditional Order and a Conditional Order, but I’m already starting to get a bit technical with this, so to make it easier I have a video explaining the changes. I was fortunate enough to team up with another eviction specialist, Kim, from Associated Eviction Services Ltd. in Edmonton to put this explanation of the changes together for you.
Kim was instrumental in walking me through the changes and we did our best to try and break down the changes from their dry and technical nature to only being dry.
The video is around seven minutes long and the first half explains the changes to eviction enforcement, while the second half of the video goes over some of the common questions that are being asked by landlords due to the changes. We hope you enjoy and I look forward to your comments.
If you’re just trying to figure out the steps you need to take to evict your tenant, I’d suggest you click over to my getting started page right here ==> Evicting Tenants In Alberta- Where To Start
Hi there ive been renting top floor houseof 3 bedroom since march 2023 we been having quit issue with breaker probleme i got no dryer for last 4 days and feom oct 29 to nov 29 had no furnace working i contact landlord and took month get fixe there family living downstairs steady have to disturb them with fixing breaker issie
My question what can i do with this its start efecting us me my roomate witch is 73 years oldwhat we went theu pretty hard 2 heater going for month and people downstair had heater to can i break leasei got until feb 24 do i need pay my rent i always did but this hard here thanks
Hi Anne,
Most importantly you still have to pay your rent or the landlord can start an eviction process. You do however have rights to acceptable living standards and heating is one of them. Contact the landlord and let them know this is unacceptable and the heat has to be remedied. It is taking longer to get replacement parts still but a month of no furnace is unacceptable. You can report the landlord and property to Alberta Health Services but doing this without first trying to work with the landlord typically results in the landlord not renewing the lease and forcing the tenant to move. That may be worse currently for you due to the low vacancy rates out there.
Bill
Landlord gives us an eviction notice after first complaint from badment tennents and also explains they do not want to rent out the top floor, because the son wants it now. Which i think is the main reason for the eviction. What should we do?
Hi Andy,
It depends on the reason for the eviction and the accompanying proof. If there is no proof and you believe it is invalid, you can fight it and likely stay on for quite a while. If you believe there is evidence and it won’t go your way, you can still fight it and possibly get extra time, but depending on the reason for the eviction, the seriousness and the evidence it can change the extra time you are there.
Bill
Hello warning your landlord gives you a eviction notice on 25th dated the 15th so he last day is 30th Sony have five days this legal? Can he do this or can he get in trouble ?
Hi Sara,
Did you read this before you hit send? I think you’re telling me the landlord backdated the eviction notice. If he did, it simply invalidates the notice which means he can either give you a new eviction or take you directly to a hearing or court.
Depending on the type of eviction notice, the reason for eviction and about a dozen other factors this could work for or against you.
Either way, his next step before actually getting you out of the property will be to apply for an eviction against you in the courts or the RTDRS, you don’t have to leave on the eviction date, although I would suggest you provide him with an eviction letter before the eviction date specifying why you object to the eviction and also explaining the lack of proper notice, please read it before you print it off!
Bill
What are the reasons an eviction can be re-voked
Hi Mary,
I understand your question, but I don’t understand the intent of your question. So the easiest answer is an eviction can be revoked if the landlord changes their mind. Usually this occurs when a situation is resolved, but it could be something as simple as the tenant paying outstanding rent when an eviction notice for no-payment is received.
Bill
Thanks for the response
As you are probably aware, that the suites of an apartment building may be owned by several different owners as well as different property management for each suite. Does one property management group apply to the RTDRS as an applicant against the another property management group for issues that arise amongst the tenants or does the applicant apply against the owner of the suite?
Hi Mary,
If you, as a property manager, have a tenant having problems with another tenant who is managed by another property management company I would start by talking to the property management company.
You can’t evict someone else’s tenant is the problem. You can complain to the building management or if it’s condo based, the condo board, but the starting point would be to talk to the other manager as that will let you know your next step.
Bill
Therefore, this is not a RTDRS issue? Would it not fall under the landlord not fulfilling their obligations as the next step under the RTDRS.
Hi Mary, from what you’ve told me your tenant is having issues with another tenant. The RTA covers landlord tenant issues and the relationship between them bound by a lease.
The RTDRS covers the RTA and this would be outside of that scope. Depending on the exact situation it could be a civil matter or it could be similar to two neighbours just not getting along which isn’t illegal, unless something illegal is done, but more of a pain than anything.
If it’s a management company not fulfilling the obligations to the building, then it may be a matter of the building managers taking it to court or taking action, but with the information provided so far, it shouldn’t be an RTDRS issue.
Bill
Hello wonder if could give some advice
We just purchased an acreage in sherwood park ($700000 plus), they have tenants on a month to month basis, we gave they an offer which was accepted. We sold our current home for a down payment within a few days. So the landlord gave 60 days notice and we suppose to move in by May 1, however the tenants (they have 2 kids I think) did not pay the March rent so the landlord took them to the Alberta dispute tenant board (not too sure if that’s the correct name) but the hearing officer heard the landlords version and the tenants were not even there. He decide that the landlord needs to get paid however decided to give the tenants till the 30 Apr to stay. instead of the original 31 March. Now we have sold our home 2 May possession and now have no where to live. My question is how long can these guys stay there, how many appeals (if any) can they go through until its vacant we were planning on an inspection date of 4 April but the tenants will still be there and my bank wont give me a mortgage until they are gone. This is a terrible situation for my family. Any advice would help and what’s the worst case scenario for my family we have 2 dogs that need to go into a kennel, my kids need to go to school, .
Hi Kevin,
I believe you also posted this scenario under another article, I tried to answer it more over there. As I mentioned there as well, you have multiple options still and without knowing more complete details I can only provide some broad answers for you.
You may need to consult the lawyer you are using involving the purchase of the property or if you’d like to book an hour of my consulting time we can go over it more in-depth. You can find the consulting option on the menu at the top of the page.
Regards,
Bill
Hi Bill, Have corresponded with you before. Thank you for all help.
Noticing that you do not have an easy contact button on your new site. Think this would be good for you and us!
Also, could really do with more clarity on Innkeepers Act. If I give 24 hours notice verbally/written and they don’t leave and police/don’t do anything, can I evict myself? change locks etc, because I fall under Inn keepers. Try so hard to be good to these people and most are great…but there is always one…
Thanks,
Eli
Hi Ell,
You are most welcome. I don’t have an easy contact button for several reasons. Mostly because I do actually charge for my services. I had to actually remove my phone number from the site because people would constantly call expecting me to help them for free.
I don’t mind doing this, but when it evolved into an expectation, my patience deteriorated a tad.I still do quite often help people for free, but I expect them to do a little reading of some of the articles and comments first. Or if they have purchased one of my guides or packages I’m even more incited to help as these people have made an effort to learn more and to help themselves a bit but are stuck.
There rant over…
As for clarity with the Innkeeper’s Act. The bog difference is you don’t have to be proven guilty to get evicted under the Innkeeper’s act, at least that’s my interpretation. So if they don’t leave, you can change the locks and if they feel wronged, they have to go to court, get a hearing and then maybe they will be allowed back in the house in two weeks or even a month depending on how long to get a hearing.
Under the Residential Tenancy Act, if you tried this, you’d get hit with huge fines. Now as always, you need a reason for the eviction and there may be a chance they may be able to come back after you for damages if you did this wrong, but for the most case it’s not an issue.
Make sense?
Bill
Thank you, that was very informative.