Evicting a Tenant for Non-Payment of Rent
For an investor buying a rental property, it’s not unusual that now and then, there will be some issues with a tenant.
While good property management can help mitigate or prevent potential problems. real estate investment in never trouble-free. One of the most common complaints is that some tenants are always late with their rent and then they finally stop paying.
Evictions are usually the last resort — but if you do have to take that route, this article will provide more background about the process involved.
Most common reasons for evicting a tenant
Evicting a tenant is usually the chosen route for the following reasons:
- Non-payment of rent
- Breaching other terms of the rental agreement
- Damaging the rental property
- Repeatedly disturbing or endangering others in the property
Remedies for a breach of the rental agreement
If the tenant breaches the rental agreement, a landlord can terminate the tenancy by:
- Giving the tenant a 14 day notice to vacate; or
- A 24-hour notice (for causing significant damage, assault or threatening the landlord or another tenant)
- Applying to the Residential Tenancy Dispute Resolution Service (“RTDRS”) or Court of Queen’s Bench for an Order to Vacate
14-Day Eviction Notice for unpaid rent
To seek an eviction for a tenant’s failure to pay rent, the 14-Day Notice of Eviction must be properly served — and, in order for it to be enforced, it must:
- Be in writing and show the date of service
- Specify the address of the property
- Include the amount of rent that is owed at the due date (or when the notice is given)
- Provide the reason for the termination
- Include the date and time the tenancy is due to end
- Be served by the landlord or property manager;
- Include a statement that says that the tenancy will not be terminated if the tenant pays all rent due on or before the termination date specified
If the tenant won’t leave
If the tenant doesn’t pay after the 14-Day Notice has been served or if the objective is to terminate the relationship with a tenant sooner than later, it’s best to make an application to the Court of the Queen’s Bench or contact the RTDRS to arrange a court hearing.
The costs involved:
- Filing for a hearing with the RTDRS
- Registering the Order with the Court of the Queen’s Bench
- Hiring a bailiff if the tenant doesn’t move out even after getting an Order
- Hiring a full service eviction company or lawyer
- Seizing, storing and/or selling assets left behind by the tenant
If the tenant fails to comply with the Eviction Order, it’s possible to apply for a Writ of Possession. A bailiff is engaged to help recover the property, allowing you to legally change the locks and possibly have the police charge the tenants with trespassing.
It’s wise to keep all records and documentation on-hand, as these may be needed for the Court. Documentation helps to demonstrate the actions you took to correct the situation, how many times you spoke with the tenant about the outstanding rent, expenses you may have incurred and it also provides a record of any possible damage to the property.
If you need help with matters relating to eviction of tenants
At Emerald Management & Realty, our team of property management professionals has lengthy experience working on eviction cases and can work on the paperwork and communications and collaboration with other professionals to assist with the eviction of tenants before, during and after court eviction dates.
If you have any questions or are looking for assistance in matters relating to tenant evictions, we’re here to help. Call us at 403-237-8600 or fill out our contact form and we’ll be in touch as soon as possible.
FAQs – Evicting a Tenant for Non-Payment of Rent
What’s the first thing I need to do to evict a tenant for not paying rent?
The first step is to serve the tenant with a written “14-Day Eviction Notice.” This addresses the breach of their rental agreement Alberta and must clearly state the amount of rent owed and the specific date and time by which they must vacate.
How much warning do I have to give a tenant before they have to leave?
You must give them at least 14 full days’ notice. This gives the tenant two choices: either pay all the rent they owe by the date on the notice or move out.
If my tenant pays the rent, is the eviction cancelled?
Yes, it is. The official 14-day notice has to include a sentence saying that if the tenant pays the full rent they owe by the deadline, the eviction is stopped and they can stay.
What information legally has to be on the eviction notice?
The notice has to be a written document and include all of these key details: the rental’s address, exactly how much rent is due, the move-out date and time, and a line that says the eviction will be stopped if they pay the rent in full.
What do I do if the 14 days are up and my tenant still won’t leave?
If the 14 days pass and your tenant hasn’t paid or moved out, you have to take the next legal step. This means applying for a hearing with the RTDRS (Alberta’s landlord-tenant board) or the court to get an official order that forces them to leave.
What is a “Writ of Possession”?
A Writ of Possession is the final legal tool. If a tenant ignores a court order to leave, this document gives you the power to hire a bailiff. The bailiff can then legally remove the tenant from your property, allow you to change the locks, and even have the police charge them with trespassing if they try to come back.
