Have you ever been in the position of having to evict a tenant?
Having an investment property is a great financial asset, especially in Canada’s competitive rental market. But investment properties come with the great responsibility of being a landlord. Choosing tenants to live in your rental unit is risky, and often times a negative situation is only uncovered after you both sign a lease. Knowing your rights and the details of how to evict a tenant is a necessary skill for all landlords.
The Residential Tenancies Act by the Province of Alberta aims to protect landlords and tenants in situations where the terms of the lease have been broken. Tenant evictions in Calgary can be a difficult process, but can be accomplished with a record of interactions between a landlord/tenant and the right course of legal action.
Grounds for eviction:
In order to have grounds to evict a tenant, the tenant must do one of the following acts (as outlined in The Residential Tenancies Act):
Not pay rent when it is due,
Fail to keep the property sanitary,
Obstruct or interfere with the rights of the landlord or other tenants,
Damage the property or let others damage the property,
Perform or allow guests to perform illegal acts on the premises,
Put the other tenants or the property in danger,
Not move out when the tenancy ends.
Serving an eviction notice:
Once you have determined that you have grounds to evict a tenant, you must provide the tenant with a formal eviction notice that outlines: the property’s address, the grounds for eviction, the date that the tenant must leave your property, your signature, and any remaining rent due on the day that the tenant is expected to leave. You are able to deliver this eviction notice by mail or in person. Normally, there are 2 eviction notice periods based on the violations that the tenant has committed:24-hour eviction notice: applies when a tenant has violated your right to safety through threats of violence, acts of physical assault, or extreme property damage14-day eviction notice: applies when a tenant has not paid rent, poses a danger to other tenants, or is performing illegal activities on the property. Tenant evictions in Calgary, Alberta: notice of objection and next steps. After being served an eviction notice, the tenant can either vacate the premises, or serve the landlord with a notice of objection before the date of eviction provided on the eviction notice. If a tenant decides to exercise this right, landlords in Calgary, Alberta (and locations surrounding Calgary like Airdrie and Okotoks) will have to seek resolution from the province’s Residential Tenancy Dispute Resolution Service (RTDRS) or Alberta’s Provincial Court system.Once the dispute requires legal action (serving an eviction notice; taking a tenant to court) it could be in a landlord’s best interest to seek expert counsel to navigate the legal case and ultimately protect their investment from further damage or the loss of rental income.
Information sources:
Residential Tenancies Act: http://www.qp.alberta.ca/documents/Acts/R17P1.pdfService
Alberta: http://servicealberta.ca/landlord-tenant-disputes.cfmLaws
for Landlords and Tenants:http://www.landlordandtenant.org/notices/eviction-notice/
