90 Day Eviction Notice Template: Alberta's Definitive Guide

Are you a landlord in Alberta looking to understand the eviction process better? One of the first steps is sending a 90-day eviction notice. Here's a comprehensive guide with a free downloadable template for a 90-day eviction notice in Alberta.

Alberta has specific rules for evicting tenants, and sending a proper notice is a critical first step. It's crucial to follow the Residential Tenancies Act rules to avoid legal complications. This guide will walk you through creating an effective 90-day eviction notice.

Understanding 90-Day Eviction Notice in Alberta

A 90-day eviction notice is required when you want to end a tenancy without any specific reason. This type of notice is also known as a no-cause notice.

Here are the grounds that allow a landlord to use a 90-day eviction notice:

• No specific reason (no-cause notice)
• After a fixed-term lease expires
• Under a month-to-month tenancy agreement

When Can You Use a 90-Day Eviction Notice?

You can use a 90-day eviction notice when:

• You want to sell the property
• Demolish the property or make significant repairs
• You need to move into the property
• After a fixed-term lease expires and you don't renew it

Remember, you cannot use a 90-day eviction notice if:

• The tenant has a fixed-term lease and you haven't given them 90 days' notice before the lease ends
• You want to evict the tenant for a specific reason (like not paying rent or causing damage). In these cases, you'll need to use a different type of notice.

What You Need to Include in the 90-Day Eviction Notice

Alberta's Residential Tenancies Act has specific requirements for a 90-day eviction notice. Here's what you need to include:

• The date the notice is given
• The date the tenancy will end (which must be at least 90 days after the notice is given)
• Your name and address (or the address of the person authorized to receive legal documents on your behalf)
• The tenant's name and address
• Information about the tenant's appeal rights (if applicable)

Crafting a Valid 90-Day Eviction Notice Template

Now that you understand the requirements let's dive into creating a valid 90-day eviction notice template.

Template Basics

Start with the required information in a clear and concise format. Use a easy-to-read font and have clear margins. Here's a basic template to follow:

Table 1: Basic 90-Day Eviction Notice Template | Date (DD/MM/YYYY) | Tenancy End Date (DD/MM/YYYY) | |---|---| | Sender's Name (Landlord / Agent) | Sender's Address (optional) | | -- | -- | | **Notice of End of Tenancy** | **Applicable Law**: Residential Tenancies Act, RSA 2000, c R-17.1 | | -- | -- | | Tenant's Name | Tenant's Address | | -- | -- | | Reason for Ending Tenancy: [Please fill in with a brief explanation, e.g., "Sell the property"] | | | -- | -- | | Tenant's Rights: [ please advise tenant of their appeal rights according to the Residential Tenancies Act] | |

Providing the Notice

After creating the notice, you must serve it to the tenant properly:

• Deliver it personally, or leave it at the tenant's door if they're not home, but only if you're confident it will be delivered
• Send it registered mail with a delivery confirmation
• Have someone at least 16 years old or older deliver it to the tenant directly

Remember, you must give the tenant at least 90 days' notice before the tenancy ends. Keep records of all notices served to protect yourself from future disputes.

Handling Tenant Objections and Next Steps

If a tenant disagrees with your notice, they have the right to apply for a hearing with the Residential Tenancy Dispute Resolution Service. Here's what to do next:

Next Steps for the Landlord

If your tenant doesn't apply for a hearing but refuses to leave after the required 90 days, you'll need to apply for a hearing yourself. In this case:

• Apply for a hearing online, by phone, or by mail with the Residential Tenancy Dispute Resolution Service
• Pay the required fee
• Serve the tenant with a copy of the application

What Happens at the Hearing?

A hearing officer will review the notice, the circumstances, and any evidence. They may decide to:

• Permit the eviction
• Postpone the eviction date
• Shorten the notice period
• Order the tenant to pay you costs

If permitted, you can then apply for an enforcement order to have the tenant evicted. Always follow the residential tenancy laws to avoid legal troubles.

Evicting a tenant is a serious matter. It's crucial to follow Alberta's Residential Tenancies Act and provide a valid 90-day eviction notice. Always consult with a legal professional if you're unsure about any aspect of the process.

Being a landlord involves many responsibilities. Make sure to stay informed about your rights and obligations to maintain a healthy and respectful relationship with your tenants. Now that you understand the 90-day eviction notice process better, you're equipped to handle tenancy issues effectively.