To physically remove a tenant in Alberta, you must hire a licensed Civil Enforcement Agency. You cannot change the locks yourself or call the local police. Hiring an agency typically costs between $500 and $1,500+ CAD, depending on the complexity of the eviction.
Successfully navigating the Residential Tenancy Dispute Resolution Service (RTDRS) and winning an eviction order is a major relief for any property owner. However, that piece of paper does not magically make a stubborn tenant pack their bags. If the tenant refuses to leave your rental unit in Calgary, Edmonton, or Red Deer by the date ordered, you might feel incredibly frustrated.
Understanding how to hire a civil enforcement agency to remove an evicted tenant in Alberta is the final, crucial step in reclaiming your property. Landlords are strictly prohibited from taking the law into their own hands. If you attempt a “DIY eviction” by tossing their belongings on the lawn or shutting off the power, you will likely find yourself facing a massive lawsuit. This guide explains the proper legal channels to enforce your eviction order safely. 📍
Step-by-Step Process in Alberta
The eviction enforcement process involves specific paperwork and authorized professionals. Only a licensed civil enforcement bailiff has the legal authority to physically remove an occupant in this province. Here is how you escalate the situation legally.
Step 1: Obtain the Formal Eviction Order
First, you must have a valid eviction order granted by an RTDRS officer or a judge at the Alberta Court of Justice. This document will state a specific date and time by which the tenant must vacate the premises (for example, by 12:00 PM on the 31st). You must wait until this exact deadline has passed before you can take further action.
Step 2: File the Order at the Court of King’s Bench
An RTDRS order is not automatically enforceable by a bailiff. You must first take the signed order to a courthouse and file it at the Court of King’s Bench. This legal step converts the RTDRS ruling into an official judgment of the higher court. Once filed, the court clerk will stamp the document, making it fully enforceable across the province. 📝
Step 3: Hire a Civil Enforcement Agency
With your stamped Court of King’s Bench order in hand, you must contact a private, government-licensed civil enforcement agency. These agencies employ certified bailiffs. You will need to provide them with the stamped order, a Letter of Instruction, and an upfront retainer fee. The bailiff will then take over the process, ensuring it is handled safely and legally.
Step 4: The Physical Eviction
The bailiff will travel to the rental unit, usually bringing a locksmith that you must pay for. If the tenant is still inside, the bailiff has the authority to physically escort them off the property. Once the tenant is out, the locks are changed, and legal possession is officially returned to you. Any belongings left behind must be handled according to the abandoned goods rules of the Residential Tenancies Act.
How Much Does it Cost in Alberta?
Enforcing an eviction is an unfortunate expense for landlords, but trying to cut corners will cost you much more in legal penalties. Here is what you can expect to pay in CAD.
- Court Filing Fee: Filing an RTDRS order at the Court of King’s Bench to make it enforceable is generally $0 CAD (it is usually included if you paid the original $75 RTDRS application fee).
- Bailiff Retainer: Civil enforcement agencies typically require an upfront retainer ranging from $500 to $1,500 CAD. This covers the bailiff’s hourly rate and mileage.
- Locksmith Fees: You must pay a locksmith to attend the eviction and change the locks, which usually costs $150 to $300 CAD depending on the number of doors.
| Eviction Action | Who Has Legal Authority? | Is it Legal in Alberta? |
| Changing the Locks | Landlord (without bailiff) | Illegal (Severe fines) |
| Physically Removing Tenant | Local Police / RCMP | No (Police do not handle civil evictions) |
| Physically Removing Tenant | Licensed Bailiff | Yes (With Court of King’s Bench order) |
How Long Does the Process Take?
Patience is required when dealing with uncooperative tenants. Once the tenant’s move-out deadline passes, filing your paperwork at the Court of King’s Bench usually takes 1 to 2 business days.
After you hire the civil enforcement agency, the timing depends on their schedule and availability. In busy cities like Edmonton or Calgary, it generally takes 3 to 7 days for a bailiff to execute the physical eviction. Altogether, expect a delay of about one week from the missed deadline until you get your keys back. 📅
Frequently Asked Questions (FAQ)
Can the police evict my tenant?
No. Evictions are considered a civil matter in Alberta, not a criminal one. The local police or RCMP will not enforce an RTDRS order or physically remove a tenant. You must use a civil enforcement agency.
Can I add the bailiff costs to the tenant’s debt?
Yes. The costs incurred from hiring a civil enforcement agency and changing the locks can be added to the total judgment amount the tenant owes you, which you can later try to collect through garnishment.
What if the tenant gets violent during the eviction?
Bailiffs are highly trained to handle tense situations. If a tenant becomes physically violent or threatens the bailiff, the bailiff will then call the police to arrest the tenant for criminal assault or uttering threats.
Can I just turn off the power to force them out?
Absolutely not. Shutting off essential utilities like heat, water, or electricity to force an eviction is illegal in Alberta. You could face massive fines from the province and be ordered to pay the tenant financial damages.
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