Hiring an Edmonton lawyer or paralegal to evict a tenant usually costs between $800 and $2,000 CAD. This includes the mandatory $75 CAD filing fee for the Residential Tenancy Dispute Resolution Service (RTDRS) and professional representation at your hearing.
Dealing with a tenant who refuses to pay rent or causes damage to your property is one of the most stressful parts of being a landlord. In Edmonton, you cannot simply change the locks or throw a tenant’s belongings onto the street. Alberta law requires landlords to follow a very strict legal eviction process governed by the Residential Tenancies Act.
While many landlords try to navigate the system alone to save money, one small paperwork mistake can result in your eviction application being thrown out. Hiring a local lawyer or a specialized legal agent ensures your eviction notices are perfectly drafted and that you are fiercely represented at the provincial tribunal. Understanding the associated costs will help you protect your real estate investment.
Step-by-Step Eviction Process in Edmonton
Evictions in Alberta are generally handled through the Residential Tenancy Dispute Resolution Service (RTDRS), which acts like a faster, specialized court for housing disputes. The process follows several mandatory steps.
Step 1: Serve a Valid Eviction Notice
The very first step is providing the tenant with a formal, written notice. If the tenant failed to pay their rent cheque, you must serve a “14-Day Notice to End Tenancy.” 📍 The notice must contain specific wording, the exact amount owed, and the date the tenancy ends. A lawyer can draft this to ensure it meets all provincial legal standards.
Step 2: File an RTDRS Application
If the tenant ignores the notice and refuses to leave, you cannot force them out yourself. Your legal representative will submit an application to the RTDRS in Edmonton. This involves submitting copies of the lease, the eviction notice, and rent ledgers to prove the tenant breached the contract.
Step 3: Serve the Hearing Package
Once the RTDRS schedules a hearing date, you must serve the “Notice of Hearing” package to the tenant at least three clear days before the hearing. Proper service is critical; your lawyer will often use a process server or registered mail to ensure you have an Affidavit of Service proving the tenant received the documents.
Step 4: Attend the Hearing and Enforce the Order
Your lawyer will attend the telephone or virtual RTDRS hearing on your behalf to present your evidence to the Tenancy Dispute Officer. If successful, you will receive an “Order of Possession.” If the tenant still refuses to leave, you must hire a Civil Enforcement Agency to physically change the locks and remove them.
How Much Does an Eviction Cost in Alberta?
Evicting a tenant involves several different fees, from legal representation to government filing costs. Here is a realistic breakdown for landlords in Edmonton:
- RTDRS Filing Fee: The Alberta government charges a flat, non-refundable fee of $75 CAD to process a landlord’s application.
- Lawyer / Agent Fees: Most Edmonton eviction lawyers or paralegals charge a flat block fee for standard non-payment evictions. This usually ranges from $800 to $2,000 CAD, depending on whether the tenant fights the eviction.
- Process Server Fees: If you hire someone to formally serve the documents to a dodging tenant, expect to pay around $100 to $150 CAD.
- Civil Enforcement Agency (Bailiff): If you win but the tenant still won’t leave, you must hire a private enforcement agency to physically evict them. This step is expensive and generally costs between $500 and $1,500+ CAD, depending on how much of their property must be moved.
How Long Does the Process Take?
The timeline for a legal eviction relies heavily on the current backlog at the RTDRS. Generally, you must wait 14 days after serving the initial notice. ⏱ Once you file the RTDRS application, it typically takes 3 to 5 weeks to get a hearing date in Edmonton. If you win, the tenant is usually given a few days to leave. Start to finish, a standard eviction takes about 1 to 2 months.
Common Reasons for 14-Day Evictions
| Breach Type | Examples in Alberta |
|---|---|
| Non-Payment of Rent | Failing to pay the monthly rent, or only paying a partial amount without the landlord’s written consent. |
| Significant Damage | Smashing windows, ruining carpets, or causing severe structural damage to the Edmonton rental property. |
| Illegal Acts / Danger | Running an illegal business from the unit or physically threatening the landlord or other tenants in the building. |
Frequently Asked Questions (FAQ)
Can I just turn off the power or change the locks?
Absolutely not. That is considered a “self-help” eviction and is highly illegal in Alberta. If you cut utilities or lock a tenant out without an RTDRS Order of Possession, the tenant can sue you for significant financial damages, and you could face heavy provincial fines.
Do I have to hire a lawyer for an RTDRS hearing?
No, landlords are legally permitted to represent themselves at the RTDRS. However, Tenancy Dispute Officers strictly enforce the rules of evidence. If you make a mistake on your 14-day notice, your case will be dismissed, and you will have to start the 30-to-60 day process all over again.
What if the tenant pays the rent before the 14 days are up?
If the eviction notice is strictly for non-payment of rent, and the tenant pays all the rent arrears (including any fees specified in the lease) before the 14 days expire, the eviction notice becomes legally void. The tenancy will continue as normal.
Can I claim the legal fees back from the tenant?
You can ask the Tenancy Dispute Officer to include the $75 RTDRS filing fee in your final judgment against the tenant. However, you generally cannot recover the fees you paid to your lawyer or paralegal for representing you at the hearing.
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