If a tenant ignores an RTDRS eviction order in Edmonton, you cannot legally change the locks yourself. You must file the order at the Court of King’s Bench, and then hire a licensed Civil Enforcement Agency (CEA) to physically remove the tenant, which typically costs between $500 and $1,500 CAD.
Winning your case at the Residential Tenancy Dispute Resolution Service (RTDRS) is a major victory, but it is unfortunately only half the battle. When the hearing officer issues an “Order of Possession,” it means you have the legal right to take back your Edmonton rental property. However, some difficult tenants will completely ignore this court order, lock the doors, and refuse to vacate by the mandated deadline.
In Alberta, property owners are strictly prohibited from executing “self-help” evictions. 📍 This means you cannot simply show up with a locksmith, turn off the utilities, or physically remove the tenant’s belongings onto the street. Doing so is a severe violation of the Residential Tenancies Act and can lead to criminal charges or massive lawsuits against you. Instead, you must use the legal mechanisms established under the Civil Enforcement Act by hiring a licensed Civil Enforcement Agency (CEA).
Step-by-Step Process in Edmonton
Enforcing an RTDRS order requires strict adherence to legal protocol. The process shifts from the tenancy tribunal to the formal civil courts.
Step 1: Obtain the Final RTDRS Order
After your telephone hearing, the RTDRS will provide you with a written Order of Possession. 📄 You must serve this official document to your tenant immediately. The order will specify a precise date and time by which the tenant must unconditionally vacate the premises (for example, “on or before 12:00 PM on May 31”). If that exact deadline passes and the tenant is still inside, you can proceed to the next step.
Step 2: File at the Court of King’s Bench
An RTDRS order cannot be enforced by police or bailiffs until it is registered as an official court judgment. You must take your original RTDRS Order of Possession and an Affidavit of Service to the Edmonton Court of King’s Bench, located at Sir Winston Churchill Square downtown. The court clerks will stamp the document, officially converting it into a Court of King’s Bench Order.
Step 3: Hire a Civil Enforcement Agency (CEA)
Once you have the stamped King’s Bench Order, you must contact a private, government-licensed Civil Enforcement Agency in Alberta (such as Consolidated Civil Enforcement or another local firm). 👮♂️ You will provide them with the court order and sign a “Letter of Instruction,” which legally authorizes their bailiffs to act on your behalf to execute the eviction.
Step 4: The Eviction Execution
The CEA bailiffs will attend the Edmonton rental property. They have the legal authority to physically remove the tenant from the premises. They will usually arrange for a locksmith to attend at the same time to change the exterior locks. If the tenant has left behind a significant amount of furniture or belongings, the bailiff will conduct a legal inventory, as Alberta law requires landlords to safely store abandoned goods worth over $2,000 for a minimum of 30 days.
How Much Does it Cost in Edmonton?
Forcible evictions are an unfortunate financial burden for landlords, though some costs can eventually be charged back to the tenant.
- Court Filing Fee: Registering the RTDRS order at the Court of King’s Bench costs a standard filing fee of $50 CAD.
- CEA Retainer and Fees: Civil Enforcement Agencies typically require an upfront retainer. 💰 Depending on the location, the time it takes, and the hostility of the tenant, hiring a CEA generally costs between $500 and $1,500 CAD.
- Locksmith Services: You will be responsible for paying the locksmith who attends the eviction, which usually costs around $150 to $250 CAD.
- Storage Costs: If the tenant abandons valuable property, you must pay for a moving truck and a storage unit in Edmonton for 30 days, which can add hundreds of dollars to the final bill.
| Enforcement Step | Required Authority | Typical Cost (CAD) |
|---|---|---|
| Filing the Order | Court of King’s Bench | $50 |
| Changing Locks / Removal | Civil Enforcement Agency | $500 – $1,500+ |
| Keeping the Peace | Edmonton Police Service (If called by CEA) | Free (Taxpayer funded) |
How Long Does the Process Take?
Once the tenant’s move-out deadline has expired, you want to move quickly. Filing the paperwork at the Court of King’s Bench usually only takes a few hours, assuming the clerks are not overwhelmed. Once you hire the Civil Enforcement Agency, they typically schedule the physical eviction within 2 to 5 business days, depending on their current caseload in the Edmonton area. Overall, the enforcement phase usually takes about one week from start to finish.
Frequently Asked Questions (FAQ)
Can I just call the Edmonton Police to kick the tenant out?
No. The Edmonton Police Service (EPS) does not enforce civil eviction orders. They consider it a civil matter. EPS will only attend an eviction if the Civil Enforcement Bailiff requests them specifically to “keep the peace” if the tenant becomes violent.
What if the tenant leaves but abandons all their junk?
Under the RTA, if the total value of the abandoned goods is less than $2,000 CAD, you can legally dispose of them. If the value is over $2,000, you must safely store the items for 30 days and keep a detailed inventory before you can sell or auction them.
Can I sue the tenant for the Civil Enforcement Agency costs?
Yes. The costs you incur by hiring a CEA and a locksmith can be added to the total debt the tenant owes you. You can pursue this debt through a separate civil claim or garnishment, though collecting money from an evicted tenant can be practically difficult.
Can the tenant appeal the eviction after the CEA arrives?
A tenant can file an appeal of an RTDRS order at the Court of King’s Bench within 30 days. However, merely filing an appeal does not stop the eviction. The tenant must secure a specific “Stay of Enforcement” signed by a judge to halt the bailiffs.
Leave a Reply