Ending a tenancy for landlord’s use and other reasons
In Alberta, there is no provision for landlords to evict their tenants without cause.
If a landlord wishes to have their tenant move out for typical landlord’s use reasons, the process depends on the type of tenancy agreement. (Visit our main evictions page for the various reasons in this category).
Fixed-term tenancies end only on the day specified in the agreement. It can only end sooner if both the landlord and tenant agree to do so (or if the tenant commits a substantial breach, as described above).
The landlord can end periodic tenancies, on the other hand, in order to move in, have a family member move in, to renovate, or other similar reasons. In order to do so, they have to give proper notice:
- A weekly tenancy requires the landlord to give one week of notice.
- A monthly tenancy requires the landlord to give three months’ notice.
- A yearly tenancy requires the landlord give notice at least 90 days before the last day of a tenancy year.
The notice to end the tenancy must be written, and it must include:
- The rental unit’s address
- The end date of the tenancy
- The landlord’s (or their authorized agent’s) signature
- The landlord’s reason for ending the tenancy
If a tenant wishes to dispute their landlord’s notice, they can apply for a hearing with the RTDRS. Regardless of the termination date on the eviction notice, the tenant can stay in their rental unit while the hearing is pending (as long as they’ve applied for it).
Home insurance considerations
Home insurance normally won’t come into play during the eviction process, but there are a couple of things to keep in mind.
First of all, tenants commonly ask if they can be evicted for not having tenant insurance. Tenant insurance in Alberta is not required by law, but landlords are permitted to require it in rental agreements. Since tenants can be evicted for not adhering to their rental agreement, they could theoretically be evicted for refusing to buy tenant insurance if their landlord explicitly required it.
Additionally, tenants who have purchased a product like legal protection insurance from Square One could contact the legal helpline for guidance on the process of disputing an eviction notice.
Commonly asked questions
What happens if a tenant in Alberta doesn’t leave?
If a tenant doesn’t leave after the date they’ve been ordered to do so by an RTDRS order, the landlord can use that order to hire a civil enforcement agency to remove the tenant. Landlords aren’t allowed to forcibly remove tenants themselves (for example, by changing the locks on the unit) even if they have an order—only a bailiff can do so.
Can you be evicted in the winter in Alberta?
Yes. There is no seasonal restriction for evicting tenants in Alberta. As long as the landlord follows all the correct procedures, they can evict a tenant at any time of year.
Want to learn more? Visit our Renter resource centre for more tips and information about life as a renter. Or, get an online quote in under 5 minutes and find out how affordable personalized home insurance can be.
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Insurance is sold by Square One Insurance Services (1410-650 W Georgia St, Vancouver, BC V6B 4N8). Home insurance is underwritten by The Mutual Fire Insurance Company of British Columbia. Legal protection insurance (not sold in Quebec) is underwritten by HDI Global Specialty SE. Car insurance (not sold in Quebec) is underwritten by Zurich Insurance Company Ltd.