Yes, it is completely legal to evict a tenant during the winter months in Alberta. There is no “winter eviction ban” under the Residential Tenancies Act. If a tenant fails to pay rent in January, they can be evicted just as they would be in July.
Alberta winters are notoriously harsh, with temperatures in cities like Edmonton, Grande Prairie, and Calgary frequently dropping well below freezing. Because of these extreme conditions, a persistent myth has circulated for decades: that landlords are legally forbidden from evicting tenants during the winter months. Many renters mistakenly believe they have a free pass to skip rent from November to March, leaving property owners feeling helpless.
Understanding whether you can legally evict a tenant during winter months in Alberta is essential for maintaining your rental business. The short answer is yes, you absolutely can. The Residential Tenancies Act (RTA) does not pause your right to collect rent just because it is snowing. While an RTDRS hearing officer may occasionally grant a tenant a few extra days to find housing out of basic human compassion, the eviction process remains fully operational year-round. 📍
Step-by-Step Process in Alberta
Evicting a tenant in the winter requires the exact same legal steps as a summer eviction. You must follow the rules strictly, as any administrative error on your part will force you to restart the process. Here is how you handle a winter eviction legally.
Step 1: Serve a Valid 14-Day Notice
If the tenant fails to pay rent, you must serve them with a formal 14-day eviction notice. However, if the tenant causes significant damage to the property, physically assaults another resident, or threatens physical violence, section 30 of the RTA grants you the right to serve a much faster 24-hour eviction notice. Both types of notices must be in writing, detail the specific grounds, and be served personally or posted on the door.
Step 2: Wait for Compliance or Objection
For non-payment of rent, the tenant has 14 days to pay the arrears in full to void the notice. Crucially, under the RTA, the tenant cannot pause or dispute a non-payment eviction by serving a “notice of objection.” The objection process only applies to other substantial breaches; for unpaid rent, the only way to cancel the notice is to pay the arrears in full before the termination date. If they do not pay and refuse to leave, you must proceed to Step 3. 📝
Step 3: File with the RTDRS
If the tenant refuses to leave after the 14 days expire, you cannot physically remove them yourself. You must file a landlord’s application with the Residential Tenancy Dispute Resolution Service (RTDRS). This provincial tribunal handles disputes faster than the standard court system. You will submit your evidence, including the lease and the unpaid rent ledger.
Step 4: Execute the Eviction
Once you win your telephone hearing, the RTDRS officer will issue an Order of Possession. You must then file this order at the Court of King’s Bench to register it. Finally, you will hire a licensed civil enforcement agency (a bailiff) to physically remove the tenant and change the locks directly under the registered Order of Possession, regardless of how much snow is on the ground.
How Much Does it Cost in Alberta?
Winter evictions cost the same as evictions at any other time of the year. However, landlords must budget for the legal enforcement to ensure it is done correctly. Here are the typical costs in CAD.
- Serving the Notice: Writing and delivering the 14-day notice yourself is $0 CAD.
- RTDRS Filing Fee: Under the tiered fee schedule effective April 1, 2026, filing costs $75 CAD for claims up to $7,500, and $150 CAD for claims exceeding $7,500.
- Bailiff Fees: If the tenant refuses to leave after the RTDRS order, hiring a civil enforcement agency to change the locks generally costs between $500 and $1,500 CAD.
| Eviction Action | Is it Legal in Winter? | Important Notes |
| Evicting for Unpaid Rent | Yes | Standard 14-day notice applies year-round |
| Turning Off Heat to Force Move | No (Illegal) | Massive fines and liability for frozen pipes |
| Bailiff Removing the Tenant | Yes | Requires a Court of King’s Bench Registered Order of Possession |
How Long Does the Process Take?
The timeline for a winter eviction remains consistent with standard provincial processing times. The initial notice period gives the tenant a strict 14 clear days to vacate.
If they refuse to leave and you must apply to the RTDRS, waiting for a hearing date usually takes 4 to 8 weeks. Sometimes, an RTDRS officer might grant the tenant an extra week or two to find shelter if the weather is dangerously cold, but they will still order the eviction. Overall, expect the process to take 1.5 to 2.5 months. 🕐
Frequently Asked Questions (FAQ)
Where did the “winter eviction ban” myth come from?
The myth likely stems from a few specific jurisdictions (like parts of Europe or certain U.S. states) that do have winter bans, as well as utility company policies in Alberta that temporarily prevent shutting off natural gas during extreme cold. However, the eviction of the tenant itself has never been banned in Alberta.
Are there exceptions for families with young children?
Under the RTA, there is no blanket legal exception preventing the eviction of families with children during the winter. However, an RTDRS officer may use their discretion to slightly extend the move-out deadline to prevent homelessness in extreme weather.
Can I shut off the heating if they stop paying rent?
Absolutely not. It is highly illegal to shut off essential utilities like heat or water to force a tenant out. In winter, this can cause pipes to freeze and burst, destroying your own property and opening you up to massive lawsuits.
Do I need a lawyer for a winter eviction?
While not strictly required for the RTDRS, having a lawyer or a property management agent can be helpful if the tenant is aggressively fighting the eviction or causing extensive damage to the unit.
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