If the landlord serves the tenant with a 14-day eviction notice and the tenant does not agree with the notice, the tenant can usually serve a Notice of Objection on the landlord. 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 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.
Tools to Help
What should you do if you get an eviction notice?
Renting 101: A Guide to Renting in Alberta
January 2015
