In Alberta, a legal eviction typically takes between 3 to 8 weeks to complete. It begins with a mandatory 14-day notice. If the tenant does not leave, the landlord must obtain an Order of Possession from the RTDRS, which usually takes another 3 to 5 weeks to schedule and enforce.
Evicting a tenant is one of the most stressful experiences a property owner can face. In Alberta, self-help evictions-such as changing the locks, shutting off utilities, or physically removing a tenant’s belongings-are strictly illegal. Whether your rental property is a basement suite in Edmonton or a high-rise condo in Calgary, you must rely on the formal legal process outlined in the Residential Tenancies Act (RTA). 🔒
Understanding the timeline is crucial for landlords trying to mitigate financial losses and for tenants needing to know their rights. Alberta has a highly streamlined system compared to other provinces, utilizing the Residential Tenancy Dispute Resolution Service (RTDRS) to bypass the slow traditional court system. Below, we break down exactly how long each phase of a legal eviction takes.
Step-by-Step Process in Alberta: The Eviction Timeline
The entire eviction process in Alberta is a series of escalating steps. If a tenant complies early, the process ends quickly; if they refuse to leave, the landlord must escalate to the final stage of physical enforcement. 📍
Step 1: Serve a 14-Day Notice to Terminate
The process begins when the landlord serves a formal “14-Day Notice to Terminate Tenancy” due to a substantial breach of the lease (most commonly, unpaid rent). This written notice must explicitly state the reasons for eviction and the termination date. By law, it must provide 14 clear days, meaning the day the notice is served and the day the tenant is supposed to move out do not count toward the 14 days.
Step 2: File an RTDRS Application
If the 14 days pass and the tenant has not moved out (or has not paid the arrears to void the notice), the landlord cannot simply throw them out. The landlord must apply to the RTDRS for an “Order of Possession.” Once the application is filed online, the RTDRS will process it and set a date for a telephone hearing. The landlord must serve this hearing package to the tenant. 💻
Step 3: Attend the RTDRS Hearing
During the scheduled telephone hearing, a Tenancy Dispute Officer will listen to both the landlord and the tenant. If the landlord proves the substantial breach, the Officer will grant an Order of Possession. This legal document specifies the exact date and time the tenant must legally vacate the property.
Step 4: Hire a Civil Enforcement Agency
If the tenant ignores the RTDRS Order of Possession, the final step is physical removal. The landlord must file the RTDRS order at the Court of King’s Bench to make it enforceable, and then hire a private Civil Enforcement Agency (bailiffs). Only authorized bailiffs have the legal power to forcibly remove the tenant and change the locks. 👮
Summary of the Eviction Timeline
| Phase of Eviction | Estimated Timeframe |
|---|---|
| Initial Written Notice | 14 clear days (effectively 16 calendar days). |
| Waiting for RTDRS Hearing | Typically 3 to 6 weeks from filing. |
| Issuance of RTDRS Order | 1 to 3 days after the hearing concludes. |
| Bailiff Enforcement | 1 to 2 weeks to schedule the civil enforcement agency. |
How Much Does it Cost in Alberta?
Evictions cost landlords both time and money. While tenants do not pay to be evicted, they may end up with a judgment against them for the landlord’s costs in CAD: 💰
- RTDRS Filing Fee: The application to get a hearing costs $75 CAD for claims of $7,500 CAD or less, or $150 CAD for claims over $7,500 CAD.
- Filing at King’s Bench: To make the RTDRS order enforceable, registering it at the Court of King’s Bench is completely free ($0 CAD). This can be done electronically on your behalf by the RTDRS using the King’s Bench Filing Digital Service.
- Civil Enforcement Agency: Hiring bailiffs is the most expensive part. Depending on the complexity and whether police backup is needed, this typically costs between $500 and $2,000+ CAD.
- Lawyer / Agent Fees: Hiring a professional to handle the paperwork and hearing can add an additional $500 to $1,500 CAD.
Frequently Asked Questions (FAQ)
Can I evict a tenant during the winter in Alberta?
Yes. Unlike some urban myths, Alberta does not have a “winter eviction ban.” A tenant can be legally evicted at any time of the year, regardless of the weather outside, provided the landlord follows the legal process.
What happens if the tenant pays the rent before the 14 days are up?
If the 14-day notice was strictly for unpaid rent, and the tenant pays all the rent in full before the 14 days expire, the eviction notice is legally voided. The tenancy continues as normal.
Can the RTDRS give the tenant more time to move?
Yes. Even if a landlord wins the hearing, the Tenancy Dispute Officer has the discretion to grant the tenant a few extra days or weeks to move out, especially if there are extenuating circumstances (like young children or a medical emergency).
Do I have to store the tenant’s abandoned belongings?
If the tenant is evicted but leaves their property behind, the landlord must follow strict rules under the RTA regarding abandoned goods. If the goods are worth more than $2,000, the landlord generally has to store them for 30 days before selling them to recoup costs.
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