Evicting Tenant in Alberta?

[turbotrip]

Hey so in all these years I have never had to actually evict a tenant in Alberta till now. There's a tenant who is constantly late with rent and again this month so I want them out by the end of this month. I know I can issue them a 14-day eviction notice due to substantial breach of the tenant act, but was hoping someone on here has actually gone through the process and can help out?
I want to try to do this as quick/cheap as possible so if possible to avoid court/RTDRS how would I issue the eviction notice? Can I just type one up and leave it on the door or does it have to be an official form and registered mail? also do I have to file the eviction with any authority or just give them a notice i type up and hope they leave by end of month without involving anyone else. And if they dont leave, then I could pursue the other ways? Need help here as I want to make sure they're out by the end of May.

thanks

[Canmorite]

This sticky may help: http://forums.beyond.ca/st/250716/alberta-landlord-tenant-questions-faq/

[turbotrip]

^thanks but I think I may have figured it out anyways.

it seems I can just type up a letter including some required info/signature and drop that off at the house. then if they are not out by the end of the month you can go to RTDRS who will certify the end of tenancy which allows you to take civil action to remove them from the home.
will double check this info tomorrow by calling around and will post whatever i find out for others

[Weapon_R]

^ hopefully that'll be the end of it. Otherwise, you're going to experience the joys of renting to tenants.

[Masked Bandit]

Who the hell doesn't pay their rent on time? Bunch of trash.

[garnet]

there's two paths to take

if the only problem has been late rent, then you could evict with the 30 days notice
if you're afraid they will trash the place if you do that, then option B is to consider a 3 month notice, you don't have to give a reason, but you could say due to pending sale, during which they are still under the same obligation to pay rent (on time hopefully)

food for thought

[turbotrip]

okay I did a bunch of research today and here's the answers:

continuous late payment of rent is considered a substantial breach of the alberta tenant act, therefore a 14 day notice can be served. It can be downloaded from servicealberta.ca and under landlord/tenant. It has to be posted in a conspicuous place on the house or served in person. Picture of it posted would help too incase they deny seeing it.

if they dont leave within the 16 days (14 day notice + 1 day before and after) then you file in court (or RTDRS) and within 2ish weeks you should have a court order for them to vacate. Not sure what the next step here would be; probably hiring someone to remove them. I know in Toronto we used to hire a Sheriff who would come and throw all their shit out for about $150.

[TomcoPDR]

Look into tenant violence too... if tenants threatens or touchs you... that's 24 hours removal.

[cancer man]

How late is late?If he's a good tenant and is a few days late i could live with it.

[turbotrip]

i dont care if a tennat is a bit late as long as they let me know in advance. i do care when they dont say anything and the cheque bounces and then they avoid my calls until they feel like paying. thats whats been happening lately.

And thanks Tomco, I did look at that too

[max_boost]

Shitty deal. Give them a firm talking. Let them know this is getting serious and that you will apply to the tenancy board to evict them and that's just nasty. Maybe they will clue in?!

I'm getting to the point where I'm so sick of dealing with residential properties. I look after 8 properties and while everyone is so nice just the thought of it I'm like :nut:

[turbotrip]

Eviction has been filed today

[yogert]

Eviction process is lengthy and troublesome.

Eviction Letter With 14 days notice is pretty useless. If they refuse to leave you can't do anything about it. If everything goes smoothly though, they will leave within the two weeks and you would avoid a lengthy and costly process.

Filing with RTDRS costs $75 and takes 1 week to 2 weeks to get a court date. You can skip the eviction letter and jump right to this step if you think your tenants aren't gonna leave. This will speed up the process up by 2 weeks. If the dispute officer thinks you have a good case they will probably end the tenancy and give the tenant 2 weeks to vacate the premises.

After the two week if the tenant still refuses to leave you will have to hire a bailiff which costs about $300 - $400.

[DEATH2000]

Originally posted by TomcoPDR
Look into tenant violence too... if tenants threatens or touchs you... that's 24 hours removal.
How does it work when the landlord threatens the tenant? Can the tenant then give 24 hours notice?

[Weapon_R]

Does anyone have contact info for a good bailiff?

[DJ_NAV]

Bump....

^ have the same question as above? Any good bailiff recommendations? Also, has anyone gone through a credit rating pull and/or collections/garnershings?

[nobb]

Originally posted by yogert
Eviction process is lengthy and troublesome.

Eviction Letter With 14 days notice is pretty useless. If they refuse to leave you can't do anything about it. If everything goes smoothly though, they will leave within the two weeks and you would avoid a lengthy and costly process.

Filing with RTDRS costs $75 and takes 1 week to 2 weeks to get a court date. You can skip the eviction letter and jump right to this step if you think your tenants aren't gonna leave. This will speed up the process up by 2 weeks. If the dispute officer thinks you have a good case they will probably end the tenancy and give the tenant 2 weeks to vacate the premises.

After the two week if the tenant still refuses to leave you will have to hire a bailiff which costs about $300 - $400.

Old thread, but just out of curiosity on this above point (since the thread has been bumped already).

Maybe this is a stupid question, but does anyone know if hiring a bailiff always necessary? I recall speaking to a financial advisor who stated that once you get approval to evict the tenant and they dont leave in the time frame allotted, you can go into the home, change the locks, and give them notice as to when they can collect their stuff. Not sure if there is any truth in this...