An illegal lockout occurs when an Alberta landlord changes your locks without an official RTDRS Order of Possession and a licensed Civil Enforcement Agency. If this happens, you should immediately call the police non-emergency line to keep the peace and file an urgent application with the RTDRS, which costs $75 to $150 CAD depending on your claim size.
Coming home from work to find your key no longer turns in the lock is a terrifying experience. In Alberta, the law is extremely clear: landlords cannot simply change the locks or physically remove you from your home, even if you are months behind on rent. This practice is known as a “self-help” eviction, and it is strictly prohibited under the Residential Tenancies Act.
Whether you rent an apartment in Calgary, a basement suite in Edmonton, or a house in Red Deer, the landlord must go through the proper legal channels to evict you. If your landlord decides to bypass the law and lock you out, you have immediate legal rights to regain entry and seek financial compensation. This guide explains how to handle an illegal lockout safely and legally. 📍
Step-by-Step Process to Regain Entry in Alberta
Dealing with a lockout requires you to stay calm and create a clear paper trail. Do not attempt to kick the door down or break a window, as the landlord could try to have you charged with property damage. Follow these legal steps instead.
Step 1: Confirm the Lockout is Illegal
First, ensure the landlord did not actually follow the law. A legal eviction in Alberta requires a 14-day notice, a hearing at the Residential Tenancy Dispute Resolution Service (RTDRS), an official Order of Possession, and the physical presence of a licensed Civil Enforcement Agency bailiff. If there was no bailiff and no court order, the lockout is illegal. 🔍
Step 2: Contact the Landlord in Writing
Immediately send a text message or email to your landlord. Inform them that you know the lockout is an illegal self-help eviction under the Residential Tenancies Act. Politely but firmly demand that they provide a new key or unlock the door within a specific timeframe (e.g., one hour). Save all their responses as evidence.
Step 3: Call the Police Non-Emergency Line
If the landlord refuses to let you in, call your local police non-emergency number. Explain that you are the victim of an illegal residential lockout. While police often view this as a civil matter, they will usually dispatch an officer to “keep the peace.” An officer explaining the law to your landlord is often enough to make them hand over the new keys. 👮
Step 4: File an Emergency RTDRS Application
If the police cannot force the landlord to open the door, you must file an urgent application with the RTDRS. You will be applying for an “Order of Possession for the Tenant.” Explain the emergency situation, and the RTDRS can expedite your hearing. You can also sue the landlord for your hotel costs and restaurant meals during the lockout.
Legal vs. Illegal Eviction Methods
Understanding the difference between a legal removal and a landlord breaking the law is crucial for your case: 📊
| Feature | Legal Eviction Process | Illegal Lockout |
|---|---|---|
| Who Changes the Locks? | A licensed Civil Enforcement Agency bailiff. | The landlord, a property manager, or a private handyman. |
| Prior Documentation | An Order of Possession from the RTDRS or Court of King’s Bench. | Only a warning text, or a 14-day notice that hasn’t been taken to court. |
| Tenant’s Belongings | Must be safely stored for 30 days by the landlord (if valued at $2,000 or more). | Often illegally thrown outside, left on the lawn, or held hostage. |
How Much Does it Cost in Alberta?
While an illegal lockout is a massive inconvenience, you can generally recover your out-of-pocket costs from the landlord by suing them at the RTDRS: 💵
- RTDRS Filing Fee: The cost to file an application is $75 CAD for claims up to $7,500, or $150 CAD if your total claims for damages exceed $7,500. This is usually ordered to be reimbursed by the landlord if you win.
- Temporary Accommodation: If you must stay in a hotel, keep your receipts. Expect to spend $150 to $300 CAD per night, which can be claimed as damages.
- Food Costs: Because you cannot cook in your own kitchen, you can claim reasonable restaurant expenses.
- Locksmith Fees: If the RTDRS gives you an order to regain entry, you may need to hire a locksmith for $100 to $250 CAD to drill the new locks and let you in.
How Long Does the Process Take?
If the police successfully convince your landlord to unlock the door, the issue can be resolved in 2 to 4 hours. However, if the landlord is stubborn and you must go through the RTDRS, an expedited emergency hearing (with a shortened service order) typically takes 3 to 5 business days to process, serve, and schedule. Under RTDRS Rules of Practice and Procedure, the landlord must be served with the hearing package at least 24 hours before the hearing starts. ⏱️
Frequently Asked Questions (FAQ)
Can I legally break a window to get back into my apartment?
No. Even though it is your rented home, breaking a window or forcing the door open constitutes property damage. The landlord could call the police and have you charged. Always use the police or the RTDRS to legally force the landlord to open the door.
What happens to my stuff if the landlord threw it outside?
If the landlord damages your belongings or leaves them exposed to the elements during an illegal lockout, they are fully financially liable. You should take photos of the items outside and file a claim at the RTDRS to sue the landlord for the replacement cost of everything damaged.
Can the police arrest my landlord for locking me out?
Generally, no. Under Canadian law, a residential lockout is viewed as a civil dispute rather than a criminal offence. The police will attend to keep the peace and mediate, but they usually will not arrest a landlord unless the landlord becomes physically violent or utters threats.
Do I still have to pay rent if I was illegally locked out?
You should not arbitrarily stop paying rent, as that gives the landlord a legitimate reason to evict you later. Instead, you should apply to the RTDRS and ask the hearing officer for a “rent abatement” (a refund) for the specific days you were illegally denied access to your home.
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