If a tenant does not move out after receiving notice, the condominium board has the right to make an application in the Court of King’s Bench for an order requiring the tenant to leave. Read more on our Condo Law for Albertans website.
Can a landlord evict a tenant Alberta?
If a tenant commits a substantial breach, the landlord can apply to the RTDRS or Court to end the tenancy, or give the tenant at least 14-days’ notice to end the tenancy. A tenant must be given the notice at least 14 clear days before the tenancy is to end.
Who governs condo boards in Alberta?
Starting December 1, 2021, all individuals and companies that provide condominium management services in Alberta must be licensed by the Real Estate Council of Alberta (RECA).
How much notice does a landlord have to give a tenant to move out in Alberta?
3 months
The tenant must give one month of notice. The landlord must give 3 months of notice.
What happens if a tenant refuses to leave?
If you do not leave at the end of the notice period, your landlord must apply to the court for a possession order. If the court gives them a possession order and you still do not leave, they must apply for a warrant for possession – this means bailiffs can evict you from the property.
How long is eviction process Alberta?
In Alberta, an eviction can take 24 hours (if the tenant threatens the landlord) but is usually done in 14-28 days.
How long does it take to get evicted in Alberta?
If a tenant has been given a 24-hour notice but does not move out, the landlord has 10 days after the tenancy ends to apply to the RTDRS or Court for an order that confirms the tenancy will end. If the landlord does not apply to court within 10 days, the notice is void and the tenancy hasn’t ended.
Can you sue a condo board in Alberta?
The corporation and individual board members can be sued in Court for engaging in improper conduct. This project was made possible through a grant from the Alberta Real Estate Foundation. Board members must exercise care, diligence and skill that a reasonable person would do in similar circumstances.
What rights do condo owners have in Alberta?
Condominium ownership has a legal title to the condominium unit (freehold ownership) so you are responsible for maintaining/repairing everything inside the unit. You are also a joint owner of the condo’s common property, along with the other condo owners, to pay for the costs of the building upkeep.
How do you deal with a difficult condo board?
If you’re experiencing an issue with board members who seem aggressive, indifferent or generally difficult to work with, you should calmly and clearly state your problem or proposal to the board without hostility. Put your request in writing, making copies for each member of the board, to present at the next meeting.
Can you evict a tenant in winter in Alberta?
Yes. A tenant can be evicted at any time of year as long as the landlord has grounds to evict under the Residential Tenancies Act.
What are my rights as a tenant in Alberta?
A tenant cannot withhold rent in Alberta for reasons such as a landlord has not made repairs to the rental property. If they do, the tenant is at risk of a landlord issuing a 14-day Notice to Terminate on the grounds of failure to pay rent. Instead, the tenant should apply to the RTDRS to resolve the situation.
How many days notice must be given to evict?
Notice period
A section 21 notice has to give you at least 2 months.
Can I refuse to be evicted?
If a possession order is granted, you can not be forced to leave your property before the bailiffs arrive. Rules around evictions are complicated. The period of written notice will vary depending on your tenancy agreement. There are some types of tenancy where a court order is not required.
Can tenants refuse eviction?
What Happens if a Tenant Refuses to Leave After an Eviction Notice? In the case that the occupants of the property refuse to leave despite being served a notice of eviction, the landlord is able to apply for a possession order through the court system.
What is a no fault eviction?
Section 21 enables private landlords to repossess their properties from assured shorthold tenants without having to establish fault on the part of the tenant. Hence it is sometimes referred to as the ‘no-fault’ ground for eviction.
How much does it cost to evict a tenant in Alberta?
roughly $875
Cost of Evicting a Tenant in Alberta
Alberta is one of the most landlord-friendly provinces in Canada. Landlords only need to pay roughly $875 out of pocket to evict a tenant.
What happens when the sheriff comes to evict you in Alberta?
If a Sheriff evicts a tenant, the tenant will normally be required to leave immediately without being given an opportunity to take personal property. Tenants then have only 72 hours to return to the unit and remove all their belongings, unless the landlord allows a tenant more time.
How can I get rid of my tenants?
Landlords’ Surefire Methods of Getting Rid of Bad Tenants, Legally
- About Eviction. The lengthiest and costliest method to get rid of an unwanted tenant is eviction.
- Raise the Rent.
- Negotiate.
- Ask Them to Leave.
- Be Kind & Proactive.
- Offer Them Cash to Leave.
How do I stop an eviction in Alberta?
A tenant cannot object to a 14 day eviction notice given because of unpaid rent. The only thing a tenant can do is pay all of the rent that is owed, and the rent that is due by the termination date in the notice.
How long is an eviction process for a tenant?
The process eviction literally can take anywhere between 14 days to 6-8 months, typically. I know, not the most useful answer! The reality of how long an eviction will take is very much dependent on individual circumstances; mostly what it will boil down to is how compliant your tenant is.