In Calgary, evicting a tenant for unpaid rent legally takes about 4 to 8 weeks through the Residential Tenancy Dispute Resolution Service (RTDRS). You must first serve a 14-Day Notice to End Tenancy, apply for a hearing ($75 fee), and if the tenant refuses to leave, hire a Civil Enforcement Agency to physically remove them.
Being a landlord in Calgary can be a rewarding investment, but when a tenant stops paying rent, it quickly becomes a massive financial and emotional burden. 🏠 As mortgage rates and property taxes rise across Alberta, carrying a property without rental income for months is simply not an option for most property owners. However, you cannot take matters into your own hands. Under the Alberta Residential Tenancies Act (RTA), you are strictly forbidden from changing the locks, shutting off utilities, or physically removing a tenant yourself. Doing so is considered an illegal eviction and will result in massive fines.
To regain possession of your property in neighbourhoods like Beltline, Taradale, or Tuscany, you must follow a rigid legal process governed by the provincial government. The system is designed to be fair to both parties, but any paperwork mistake on your end can force you to start the entire timeline over from day one. Understanding the exact steps, timelines, and costs associated with the Residential Tenancy Dispute Resolution Service (RTDRS) will help you reclaim your property as swiftly and legally as possible.
Step-by-Step Eviction Process in Alberta
Evicting a non-paying tenant is a bureaucratic process. 📍 You must create a flawless paper trail. Here is exactly what you need to do to legally evict someone in Calgary.
Step 1: Serve a 14-Day Notice to End Tenancy
The very day the rent is late (even by one day), you have the right to serve a “14-Day Notice to End Tenancy for Substantial Breach.” This notice must be in writing, state the exact amount of rent owed, and be signed by the landlord. It gives the tenant exactly 14 clear days to either pay the full amount owed or move out. The day you serve the notice and the day the tenant must move out do not count toward the 14 days.
Step 2: File an Application with the RTDRS
If the 14 days pass and the tenant has neither paid nor vacated the property, you must escalate the issue. 💻 You will submit an application to the RTDRS (a specialized tribunal that acts like a court for landlords and tenants). You will submit a copy of the lease, the 14-Day Notice, and a ledger showing the missed payments. You must then officially serve this “Notice of Hearing” package to your tenant.
Step 3: Attend the Telephone Hearing
Unlike traditional court, RTDRS hearings are conducted via telephone. 📞 A Tenancy Dispute Officer will call you and the tenant. You will present your evidence that rent is unpaid. If the tenant has no valid legal excuse (and simply not having the money is not a valid excuse), the Officer will issue an “Order of Possession” and a financial judgment for the unpaid rent.
Step 4: Hire a Civil Enforcement Agency
If the tenant ignores the Order of Possession, you still cannot kick them out yourself. You must take the RTDRS order to the Court of King’s Bench to have it filed, and then hire a private Civil Enforcement Agency in Calgary. These licensed bailiffs are the only people legally authorized in Alberta to physically remove a tenant and oversee a locksmith changing the locks.
How Much Does the Eviction Process Cost in Calgary?
Evicting a tenant is not just time-consuming; it is also expensive. You must budget for government fees, potential legal help, and enforcement costs.
- RTDRS Filing Fee: Submitting an application to the RTDRS costs a flat, non-refundable fee of $75 CAD.
- Paralegal or Lawyer Fees: Many landlords hire a specialized paralegal or real estate lawyer to handle the stressful RTDRS hearing. This typically costs a flat fee of $500 to $1,500 CAD.
- Civil Enforcement Costs: If the tenant refuses to leave and you must hire bailiffs, expect to pay between $500 and $1,500 CAD depending on how long the physical eviction takes. You will also need to pay a locksmith (approx. $150 to $250) to change the locks on the spot.
Timelines: Best Case vs. Worst Case Scenarios
Your timeline depends entirely on how the tenant reacts. 🔍 Here is a comparison to help you set realistic expectations.
| Phase of Eviction | Best Case Scenario (Tenant Complies) | Worst Case Scenario (Tenant Fights Back) |
|---|---|---|
| 14-Day Notice Period | 14 days (Tenant pays or leaves). | 14 days (Tenant ignores the notice). |
| Waiting for RTDRS Hearing | N/A (Eviction avoided). | 2 to 4 weeks to get an available hearing date. |
| Bailiff Enforcement | N/A. | 1 to 2 weeks for the agency to schedule the lock-out. |
How Long Does the Process Take?
If you execute every step perfectly on the first try, a standard eviction for non-payment of rent in Alberta takes 4 to 8 weeks from the day the rent was missed. If the RTDRS is experiencing a high volume of cases, you might wait up to a month just for your telephone hearing. Any errors in serving the documents will force the Tenancy Dispute Officer to dismiss your case, meaning you have to start the 14-day clock all over again.
Frequently Asked Questions (FAQ)
What happens if the tenant pays the rent on day 13 of the notice?
If the tenant pays all the rent arrears in full before the 14-Day Notice expires, the notice becomes legally void. The tenancy continues as normal, and you cannot proceed with the eviction based on that notice.
Can I just shut off the electricity if they refuse to pay?
Absolutely not. Under the Alberta Residential Tenancies Act, shutting off essential utilities, removing doors, or locking the tenant out is highly illegal. You could face fines of up to $5,000 CAD and be sued by the tenant for damages.
Do I have to hire a lawyer for an RTDRS hearing?
No, the RTDRS is designed to be accessible for self-represented landlords. However, if the tenant hires a lawyer or if you are uncomfortable presenting evidence over the phone, hiring an agent or lawyer is highly recommended to ensure you win.
What do I do with the belongings the tenant left behind?
If the tenant is evicted and leaves their property behind, you cannot simply throw it in the alley. Under Alberta law, if the total value of the goods is over $2,000 CAD, you must securely store them for 30 days before selling or disposing of them.
How do I officially serve the 14-Day Notice?
You must serve the notice legally. This means handing it directly to the tenant, sending it via registered mail, or, if they are not home, firmly taping it in a highly visible spot on the front door of the rental unit.
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