Landlord’s Remedies / 14 Day Eviction Notice / Tenant’s Notice of Objection / 24 Hour Eviction Notice / Frequently Asked Questions
The Residential Tenancies Act says that a tenant must:
- pay rent when it is due;
- not interfere with the rights of the landlord or other tenants;
- keep the property reasonably clean;
- not do anything illegal in the premises or allow guests to commit illegal acts;
- not endanger the tenants or property;
- not significantly damage the property or let others damage the property; and
- move out when the tenancy ends.
If a tenant fails to do any of these things, then the tenant has committed a substantial breach of the residential tenancy agreement.
A tenant also commits a substantial breach by committing a series of breaches of the residential tenancy agreement, if the total effect of all the breaches is substantial.
Landlord’s Remedies
If a substantial breach has been committed the landlord can:
- give the tenant a 14 day notice to terminate the tenancy;
- give the tenant a 24 hour notice to terminate the tenancy (for causing significant damage or assaulting / threatening to assault the landlord or another tenant); or
- apply to the Residential Tenancy Dispute Resolution Service or Alberta Court of Justice for an order terminating the tenancy.
14 Day Notice for Substantial Breach (14 Day Eviction Notice)
The landlord must give the tenant 14 clear days notice. This means that the landlord cannot count the day the notice is served on the tenant, and the landlord cannot count the day the tenant moves out.
Example: A tenant has been having late parties and disturbing other tenants. The landlord has given the tenant multiple warnings to stop the partying, but the tenant has ignored the landlord. The landlord decides to give the tenant a 14 day notice to terminate the tenancy for substantial breach. If the landlord gives the tenant the notice on July 5, then the notice is effective on July 20. Why? July 5 doesn’t count because that is the date the notice is served. July 6-19 are the 14 clear days, and July 20 doesn’t count because this is the day the tenant must move out.
The landlord’s 14 day notice must:
- be in writing;
- give the address of the property;
- be signed by the landlord;
- give the amount of rent that is due at the date the notice is given (if any is owing);
- give the amount of rent that will be owed for the notice period;
- state the reason for the termination; and
- state the date the tenancy will end.
If the notice to terminate is given for non-payment of rent, the notice must also state that the tenancy will not be terminated if, on or before the termination date given in the notice, the tenant pays the rent due and any additional rent that has become due.
Tenant’s Notice of Objection to a 14 Day Eviction Notice
Usually, tenants can object to 14 day eviction notices. Tenants can object when they don’t agree with the termination. The objection notice must be in writing and set out the reasons for objecting to the termination. It must be sent to the landlord before the termination date set out in the notice (before the 14 days are over). If a tenant does not object before then, the tenant must move out.
A tenant cannot object to a 14 day eviction notice given because of unpaid rent. The only thing a tenant can do is pay all of the rent that is owed, and the rent that is due by the termination date in the notice.
A tenant must give the objection notice to the landlord or landlord’s agent personally or by sending it through registered or certified mail. If these methods do not work, the tenant can send the notice electronically (i.e. fax), as long as it will result in a printed copy of the notice being received by an electronic device at the landlord’s address.
A landlord cannot make a tenant move if a notice of objection is served before the termination date given in the notice. Once the landlord receives the objection, the landlord can:
- do nothing, and the tenancy will stay in place; or
- apply to the Residential Tenancy Dispute Resolution Service or Alberta Court of Justice Civil for termination of the tenancy.
If the landlord applies to the Residential Tenancy Dispute Resolution Service or Alberta Court of Justice, the tenant will be served with new documents from the landlord. See our Who Can Help page for a list of service providers that can provide further information about eviction hearings.
24 Hour Notice to Terminate the Tenancy
A landlord can give a tenant a 24 hour notice to terminate tenancy when:
- the tenant has significantly damaged the rental property; or
- the tenant has physically assaulted the landlord or another tenant; or
- the tenant has threatened to physically assault the landlord or another tenant.
The notice must be given to the tenant at least 24 hours before the date and time stated in the termination notice.
The landlord’s notice must:
- be in writing;
- give the address of the property;
- be signed by the landlord;
- state the reason for the termination; and
- state the date and time the tenancy will end.
A Tenant Cannot Object to a 24 Hour Notice
If the tenant does not leave by the date and time given in the notice, then the landlord must apply for a court order within 10 days to end the tenancy. If the landlord does not apply within 10 days, the tenancy stays in place and the tenant can continue living in the property.
The landlord can choose to go straight to court or the Residential Tenancy Dispute Resolution Service to get an order terminating the tenancy immediately. The landlord may choose to go straight to court or the Residential Tenancy Dispute Resolution Service when:
- the landlord believes the tenant will continue to significantly damage the property; or
- the landlord believes the tenant will continue to physically assault or threaten to physically assault the landlord or another tenant.
Frequently Asked Questions
Can the landlord change the locks?
Can a tenant be evicted in the winter months?
What happens if the tenant does not object and does not move?
August 2015
