![]() |
![]() |
![]() |
![]() |
|
![]() |
![]() |
![]() |
![]() |
|
| Go To Laws for Landlords | Publications and Podcasts |
|||
An Order to Recover Possession When the Tenant has Abandoned the Tenancy, and Someone Else has Moved inIf the person who is living in the premises after a tenant has abandoned the place does not move out in accordance with the Notice to Vacate, a landlord can apply to formally end the tenancy and ask for an order for possession of the premises. The landlord can apply to the Provincial Court or to the Residential Tenancy Dispute Resolution Service. When applying to court for an order for possession, the landlord must file an affidavit that sets out:
Before the court grants an order, it must be sure that the person living in the property is not legally a tenant. If the person living in the property is a tenant, then a short period of notice such as 14 days would not be appropriate to end the tenancy. The court would ascertain whether the person was legally a tenant by making inquiries of the landlord when the order for possession is requested.
A court can grant different kinds of orders of possession. Usually, if the landlord is making an application to recover possession from a non-tenant, the court/RTDRS will make an unconditional order. This kind of order will state that the non-tenant must give up possession of the premises on a certain date, or within a certain amount of time after the order is served on them. If the non-tenant does not leave the property as ordered, then the landlord can contact a Civil Enforcement Agency to immediately evict all occupants. October 2011 |
|||
|
Other websites of the Centre for Public Legal Education Alberta:
Home | About the Site | Contact Us | Sitemap Hosted by
|
|||