If a tenant overholds after their lease expires in Alberta, you must not accept any further rent payments, as this legally creates a new periodic tenancy. Instead, you must immediately apply to the RTDRS or the Alberta Court of Justice for an Order of Possession. Under the tiered structure, filing fees are $75 CAD for claims up to $7,500, and $150 CAD for claims over $7,500.
A fixed-term tenancy is supposed to end on the exact date specified in the lease agreement, requiring no additional notice from either party. However, landlords frequently encounter stressful situations where a tenant simply refuses to pack up and move out on moving day. 📍 When a tenant stays past the expiration date, they become what is legally known as an ‘overholding tenant’ under the Residential Tenancies Act (RTA).
Navigating this frustrating scenario in cities like Calgary, Edmonton, or Grand Prairie requires strict adherence to provincial rules. If you take matters into your own hands by changing locks or turning off utilities, you could face massive legal liabilities. We will outline exactly what to do if a tenant refuses to leave after the lease expires in Alberta, ensuring you safely regain possession of your property.
Step-by-Step Process in Alberta
Dealing with an overholding tenant requires immediate and decisive legal action. If you delay, the law may assume you have implicitly agreed to let them stay. ✍ Here is the standard process a landlord should follow to evict a tenant who has overstayed their welcome.
Step 1: Do Not Accept Rent
This is the most critical step. If the lease has expired and the tenant offers you money to stay a few extra days, do not accept it. Under Alberta law, accepting rent after a fixed-term lease ends automatically converts the agreement into a periodic tenancy (usually month-to-month). If this happens, you will then need valid legal grounds and proper notice to evict them all over again.
Step 2: File for an Order of Possession
Since you cannot physically throw the tenant out, you must apply for a legal eviction order. You can submit your application to the Residential Tenancy Dispute Resolution Service (RTDRS) or the Alberta Court of Justice. 📄 The RTDRS is generally much faster and was specifically designed to handle landlord and tenant disputes efficiently.
Step 3: Attend the Dispute Hearing
Once your application is processed, a hearing date will be set. You must legally serve the hearing package to the overholding tenant. During the hearing, usually conducted by telephone, a Tenancy Dispute Officer will review your expired lease agreement. Having a lawyer represent your law firm or property management company can make this process remarkably smooth.
Step 4: File in Court and Hire a Civil Enforcement Agency
If the hearing officer grants the Order of Possession, you must first file (register) the RTDRS order with the Court of King’s Bench of Alberta under Section 15 of the RTDRS Regulation to make it enforceable. Once registered, the order acts as a binding court judgment, allowing for a Writ of Possession. If the tenant still refuses to leave by the mandated date, you can then hire a licensed Civil Enforcement Agency whose bailiffs have the exclusive authority to physically evict the tenant and remove their belongings.
How Much Does it Cost in Alberta?
Evicting an overholding tenant can become quite expensive, depending on how stubbornly they resist the legal process.
| Expense Type | Estimated Cost (CAD) | Details |
|---|---|---|
| RTDRS Filing Fee | $75 or $150 | Fee is $75 for claims under $7,500, or $150 for claims exceeding $7,500 (effective April 1, 2026). |
| Lawyer / Legal Fees | $500 – $1,500+ | Varies widely based on the law firm and hearing complexity. |
| Civil Enforcement | $500 – $2,500+ | Bailiff fees for physical removal and changing locks. |
| Storage Fees | $200 – $500 | If you must store the tenant’s abandoned property per the RTA. |
How Long Does the Process Take?
While you might want the tenant out immediately, the legal machinery takes time. Booking an RTDRS hearing typically takes 2 to 4 weeks. After the Order of Possession is granted, the tenant is usually given a few days to move. If bailiffs are required, coordinating the physical eviction may add another week, bringing the total timeline to roughly 3 to 6 weeks.
Frequently Asked Questions (FAQ)
Can I turn off the heat or water to force the tenant out?
Absolutely not. Disconnecting essential utilities is illegal under the RTA and public health regulations. You could be heavily fined and sued by the tenant for damages.
Can I keep their security deposit for overholding?
You can apply to the RTDRS to use the security deposit to cover lost rental income (compensation for use and occupation) while they illegally remained on the property.
What do I do with belongings left behind?
Under Section 31(2) of the RTA and s. 5(1) of the Ministerial Regulation, if the total market value of the abandoned belongings is $2,000 CAD or more, you must store them safely for at least 30 days before selling or disposing of them. If the value is less than $2,000 CAD, you may sell or dispose of the items immediately.
Does a fixed-term lease require an eviction notice?
No. A fixed-term tenancy automatically ends on the date specified in the contract. No 14-day or 30-day notice is required by either the landlord or the tenant.
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