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Frequently Asked Questions (FAQ)
The questions and answers below address the most frequently asked questions by Landlords about how the eviction process works and how claims filed at the Alberta Residential Tenancy Dispute Resolution Services (RTDRS) work. To protect the interests of Associated Eviction Services’ clients, some subjects are not addressed in this medium.
PLEASE NOTE: The answers aim to give a general understanding of the typical claim and enforcement processes and associated questions and are not a substitute for information applicable to individual claims and specific circumstances.
GLOSSARY
RTA - Residential Tenancies Act (of Alberta)
RTDRS - Residential Tenancies Dispute Resolution Service
Possession - Where the Landlord is given vacant possession
by the Tenant
TDO or Tenancy Dispute Officer - the person who acts
as arbitrator and renders a decision
Order or Judgment - The written decision of the arbitrator
that is legally binding
Conditional Order or Cinderella Order - see What is a
Conditional Order for Possession - also referred to as a Cinderella Order?
Unconditional Order - see What is an Unconditional Order
for Possession - also referred to as an Order for “straight possession?
Bailiff (also referred to by laymen as a Sheriff, even
though Sheriffs serve in the public sector) - the licenced, legally authorized
individual assigned by a civil enforcement agency to enforce the Order
QUESTIONS
- How does the application to terminate tenancy or claim process work?
- What is a Conditional Order for Possession - also referred to as a Cinderella Order?
- What is an Unconditional Order for Possession - also referred to as an Order for “straight” possession?
- What is the timeframe from the time of filing an application or claim at the RTDRS until possession of the rental premises is awarded?
- Once a Landlord’s 14 Day Notice of Termination (also commonly referred to as an eviction notice) has been issued, may a claim be filed at the RTDRS?
- Does the hearing proceed in the absence of the Tenant?
- Does the Landlord get compensated for cost toward the legal action?
- Does the RTDRS or Court ensure that the Landlord collects on the awarded amount?
- May the Landlord enter the rental premises without a 24 Hour Notice of Entry on the date the Tenant is supposed to give possession as per the Order?
- May the Landlord change the locks on the date the Tenant is supposed to give possession?
- Must a move-out inspection be done after the Landlord takes possession of the rental premises following and eviction / Order for Possession?
- If the Tenant refuses to give possession in accordance with the Order, how does the Landlord get possession?
- Can a Landlord retain a civil enforcement agency or bailiff to remove a Tenant without an Order?
- How long does it take for the Tenant to be removed from the rental premises by a bailiff?
- Should a Landlord promote the premises to prospective renters while the current tenancy is under dispute?
1. How does the application to terminate tenancy
or claim process work?
In summary:
- An application for termination of the tenancy and other claims or compensation is filed with the relevant evidence
- A hearing date is set
- The Tenant is served with the notice to appear at the hearing and the Application and the evidence
- At the hearing an Order is issued
- The Order is filed at the Court of Queen's Bench
- The Tenant is served with the filed Order
2. What is a Conditional Order for Possession
- also referred to as a Cinderella Order?
A Conditional Order for Possession or Cinderella Order is where the tenancy is allowed to continue as long as certain conditions are met.
One of the most common variations of a Conditional Order is where it is ordered that the Tenant meets stipulated payments. If the stipulated payments aren’t honoured and the Tenant does not vacate on own accord, a Notice of Default is usually issued that allows the Tenant typically 24/48/72 hours to vacate. If the Tenant refuses to abide the Notice of Default, a civil enforcement agency has the authority to remove the Tenant (and all occupants).
Another variation is where the Order stipulates that a payment or payments have to be made and that the Tenant has to vacate the premises in any event on a stipulated date.
3. What is an Unconditional Order for Possession
- also referred to as an Order for straight possession?
An Unconditional Order for Possession is where the tenancy is terminated and the Tenant has to give the Landlord vacant possession on a stipulated date with no conditions attached. A Notice of Default is not required in such instance.
4. What is the timeframe
from the time of filing an application or claim at the RTDRS until possession
of the rental premises is awarded?
Hearings are scheduled for as soon as 5 days to as late as 3 to 6 weeks, depending on the caseload at the RTDRS and the arbitrators available.
An outcome that produces rapid possession with minimal or no conditions attached could be in as little as 1 day to 10 days.
An outcome that produces possession with more conditions attached could be as little as 10 days to 30 days (e.g. where the Tenant is allowed to remain a few weeks longer in order to secure another residence, with conditions attached that usually stipulate that payments be made to the Landlord to justify remaining until the possession date).
In addition to oral and physical evidence, some variables that influence the decision rendered are: whether the Tenant attends the hearing, the method of service, whether payments were made or are agreed to be made, agreements between the parties before and/or at the time of the hearing, extenuating circumstances, the degree of any breach.
5. Once a Landlord’s 14 Day Notice
of Termination (also commonly referred to as an eviction notice)
has been issued, may a claim be filed at the RTDRS?
Yes, e.g. non-payment of rent. The hearing date will be set after the expiry date of the 14 Day Notice of Termination.
6. Does the hearing proceed in the absence
of the Tenant?
Yes, provided all preliminary requirements (e.g. process service requirements) have been met to the satisfaction of the Tenancy Dispute Officer.
7. Does the Landlord get compensated for
cost toward the legal action?
If claimed, the RTDRS will typically award a maximum of $225 at this time and a minimum of $75 at the discretion of the Tenancy Dispute Officer.
8. Does the RTDRS or Court ensure that the
Landlord collects on the awarded amount?
No. A Court simply renders a legal decision on if monies are owed and how much is owed. The Landlord has legal remedy available such as garnishment of wages or bank accounts, seizing assets etc.
9. May the Landlord enter the rental premises
without a 24 Hour Notice of Entry on the date the Tenant is supposed
to give possession as per the Order?
No. All the laws regarding entry under the Residential Tenancies Act of Alberta apply until the Tenant either gives possession or abandons.
10. May the Landlord change the locks
on the date the Tenant is supposed to give possession?
No. All the laws regarding lock changes under the Residential Tenancies Act of Alberta apply until the Tenant either gives possession or abandons or through civil enforcement.
11. Must a move-out inspection be done after
the Landlord takes possession of the rental premises following and eviction
/ Order for Possession?
Yes. All the laws regarding inspection and issuing a Security Deposit Statement of Account (where applicable) under the Residential Tenancies Act of Alberta apply.
12. If the Tenant refuses to give possession
in accordance with the Order, how does the Landlord get possession?
Where applicable a Notice of Default is issued and/or where applicable the services of a civil enforcement agency are retained to send a bailiff to remove the Tenant.
13. Can a Landlord retain a civil enforcement
agency or bailiff to remove a Tenant without an Order?
No. Civil enforcement agencies conduct due diligence and need certain legal documentation prior dispatching a bailiff.
14. How long does it take for the Tenant
to be removed from the rental premises by a bailiff?
Typically 1 to 3 business days, providing there are no circumstances that interfere with or prevent enforcement.
15. Should a Landlord promote the premises
to prospective renters while the current tenancy is under dispute?
It is prudent not to, because a Tenant may launch a counter claim, or may refuse to abide the Order to vacate and/or may resort to further action to prevent timely possession, or may deliberately sabotage rental efforts.
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Associated Eviction Services (AES) offers paralegal services to local and remote Alberta real estate investors, property managers, real estate agents representing investors and building managers. We specialize in residential tenancy dispute matters within Alberta jurisdiction. |
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