An eviction lawyer in Calgary at Centobin Law Office represents landlords and tenants in residential eviction disputes under Alberta’s Residential Tenancies Act, including eviction notice preparation and defence, RTDRS hearings, order of possession applications, and enforcement proceedings through the Court of King’s Bench.
Landlords who need to evict a tenant, recover possession, or enforce an order — and want the process handled correctly from the first notice. Tenants who have received an eviction notice and need to understand their rights, challenge the notice, or defend against removal at an RTDRS hearing.
Appearing regularly in Calgary Provincial Court, the Court of King's Bench of Alberta, and the Alberta Court of Appeal.
Confidential. No obligation. 15 minutes free. Urgent criminal matters answered same day.
Eviction in Alberta must be based on grounds defined by the Residential Tenancies Act. A landlord cannot evict a tenant simply because the landlord wants the property back — there must be a legally recognized reason, and the correct notice type must match that reason.
A substantial breach is the most common basis for eviction in Alberta. Under the RTA, a tenant commits a substantial breach when the tenant:
Non-payment of rent is the single most frequent ground for eviction filings at the RTDRS in Calgary. However, landlords must serve the correct notice — a 14-day notice for non-payment must include a statement that the tenancy will not be terminated if the tenant pays all rent owing before the termination date. Failure to include this statement can void the notice entirely.
The 14-day clear-day calculation is a frequent source of errors. For example, if a landlord serves a notice on July 5, the 14 clear days run from July 6 through July 19, and the tenant must vacate by July 20. Miscounting clear days is one of the most common mistakes landlords make, and it can result in the RTDRS dismissing the application.
Key requirement: the landlord must apply to the RTDRS or court within 10 days if the tenant does not vacate.
Key requirement: this notice only applies to unauthorized occupants — not to the original tenant.
Key requirement: 14 “clear days” — the day of service and the termination day do not count toward the 14 days.
Tenants in Calgary and across Alberta have enforceable legal rights throughout the eviction process. A tenant who receives an eviction notice should not assume the notice is valid — procedural errors, insufficient grounds, and retaliatory evictions are common.
Every eviction notice must comply with the RTA. A valid notice must be in writing, state the specific grounds for termination, include the correct termination date, and be properly served.
For non-payment of rent, the tenant can void the 14-day notice entirely by paying all rent owing before the termination date. This right is automatic and does not require the landlord’s consent.
For a 14-day notice based on grounds other than non-payment, the tenant may serve a written objection on the landlord before the termination date, which requires the landlord to apply to the RTDRS or court.
A tenant can apply to the RTDRS independently to dispute an eviction, present evidence, and argue that the eviction is unlawful, disproportionate, or retaliatory.
Illegal eviction: a landlord cannot change locks, shut off utilities, remove a tenant’s personal belongings, or physically force a tenant to leave — even if the notice period has expired — without a court-issued order. Tenants who experience these actions should contact an eviction lawyer in Calgary immediately.
(403) 249-1733Landlords and tenants in Calgary can file eviction-related applications with either the Residential Tenancy Dispute Resolution Service (RTDRS) or the Alberta Court of Justice, Civil Division. Both forums issue legally binding decisions enforceable through the Court of King’s Bench. The choice of forum affects the speed, formality, and cost of the proceeding.
| Factor | RTDRS | Alberta Court of Justice |
|---|---|---|
| Hearing Format | Telephone, video, or written submissions | In-person court appearance |
| Formality | Less formal — no formal rules of evidence | Formal — rules of evidence and procedure apply |
| Speed | Hearings typically scheduled within 2–4 weeks | May take several weeks to months |
| Legal Representation | Not required, but beneficial | Not required, but strongly recommended |
| Filing Fee | Lower | Higher |
| Monetary Jurisdiction | Claims up to $50,000 | No monetary cap |
| Decision Authority | Tenancy Dispute Officer — binding | Judge — binding |
| Appeal | Limited judicial review to the Court of King's Bench | Appeal to the Court of King's Bench |
Most eviction matters in Calgary are filed with the RTDRS because the process is faster, less expensive, and does not require formal legal representation. However, cases involving complex legal issues, claims exceeding $50,000, or situations where a previous RTDRS decision is being challenged may require filing with the Alberta Court of Justice.
Eviction applications fail at the RTDRS or court more often because of procedural errors than because the landlord lacks grounds. A single mistake on the notice can add 4–6 weeks to the eviction timeline and result in another full month of unpaid rent.
The 14-day notice requires 14 “clear days” — the date of service and the termination date are both excluded. Landlords who count from the service date end up one or two days short, and the RTDRS will dismiss the application.
A 14-day notice for non-payment of rent must include a statement that the tenancy will not be terminated if the tenant pays all rent owing before the termination date. Notices that omit this statement are defective and unenforceable.
If the lease names multiple tenants, the notice must be served on each named tenant. Serving only one tenant of a joint tenancy can invalidate the eviction process for the remaining tenants.
When a landlord serves a 24-hour notice and the tenant does not vacate, the landlord must apply to the RTDRS or court within 10 days, or the tenancy remains in force and the notice process must restart.
Changing locks, removing a tenant’s belongings, shutting off utilities, or blocking access to the property without a court order is illegal in Alberta and exposes the landlord to liability.
The RTDRS and court rely on documentary evidence. Landlords who attend hearings without copies of the lease, rent ledger, notices served, photographs, and written communications frequently lose cases they should win.
The eviction process in Alberta follows a defined legal sequence. Skipping steps or serving defective notices can delay the eviction by weeks or months and expose the landlord to liability. Incorrect notices can reset the entire process to day one — costing landlords months of lost rental income.
The landlord must identify the specific ground for eviction under the RTA and serve the tenant with written notice. The notice must include the rental property address, the reason for eviction, the termination date, and the landlord's signature. Best practice is to hand-deliver the notice to the tenant and simultaneously send it by email.
After proper service, the landlord must wait the full notice period (24 hours, 48 hours, or 14 clear days) before taking further action. During this period, the tenant may cure the breach — for example, by paying overdue rent in full — which voids the notice and restores the tenancy.
If the tenant does not vacate or objects to the notice, the landlord files an application with the RTDRS or the Alberta Court of Justice, Civil Division. Most Calgary landlords file with the RTDRS because hearings are scheduled faster and the process is less formal.
If the RTDRS or court rules in the landlord’s favour, an order of possession is issued specifying the date by which the tenant must vacate. If the tenant refuses to leave after the order date, the landlord must enforce the order through the Court of King’s Bench.
Once a writ of possession is obtained, the landlord engages a civil enforcement bailiff to physically remove the tenant. Only a licensed civil enforcement bailiff has the legal authority to enforce the writ and remove occupants from the premises.
The notice requirements for ending a tenancy depend on whether the tenancy is periodic (ongoing with no fixed end date) or fixed-term (with a specified start and end date). Confusing these two structures is a frequent source of eviction errors for both landlords and tenants in Calgary.
A fixed-term tenancy ends automatically on the date specified in the lease. Neither party is required to give notice on the scheduled end date. If the tenant does not vacate by noon on the final day, the landlord may serve a 14-day notice for failure to vacate at the end of the term.
Tenant’s notice: 1 full tenancy week. Landlord’s notice: 1 full tenancy week.
Tenant’s notice: 1 full tenancy month (served on or before the first day of the month). Landlord’s notice: 3 full tenancy months. A late-served landlord notice triggers a default 90-day period from the date of service.
Tenant’s notice: 60 days before the end of the tenancy year. Landlord’s notice: 90 days before the end of the tenancy year.
Retaining legal representation early in the process prevents errors that can delay outcomes by weeks or result in dismissed applications.
Handling residential eviction cases at the RTDRS in Calgary and before the Alberta Court of Justice reveals patterns that are not written into the Residential Tenancies Act but shape real outcomes. Tenancy Dispute Officers at the RTDRS weigh documentation heavily. A landlord who presents a complete rent ledger, timestamped photographs, and a clear chronology of communications will almost always receive a more favourable decision than a landlord relying on verbal testimony alone.
Timing matters. Landlords who file with the RTDRS within days of the notice period expiring — rather than waiting weeks — demonstrate urgency that Tenancy Dispute Officers respond to. For tenants, the single most effective defence is demonstrating that the landlord failed to meet its own obligations. The RTDRS has the authority to reduce or offset rent arrears against the landlord’s breach of the duty to maintain.
Many eviction disputes in Calgary resolve before the RTDRS hearing. A well-drafted settlement offer — whether proposing a payment plan, an agreed move-out date, or mutual release of claims — can save both parties the cost and uncertainty of a contested hearing.
Understanding the cost of eviction in Alberta helps landlords and tenants make informed decisions about whether to proceed with formal proceedings or pursue a negotiated resolution. An eviction lawyer in Calgary at Centobin Law Office provides a clear cost estimate during the initial consultation so clients can weigh their options before committing to the process.
| Cost Category | Typical Range | Notes |
|---|---|---|
| RTDRS Filing Fee | $75–$150 | Varies by application type; recoverable if successful |
| Alberta Court of Justice Filing Fee | $100–$200+ | Higher than RTDRS; depends on claim amount |
| Eviction Lawyer Fees | Varies by complexity | Simple notice drafting costs less than full RTDRS representation |
| Civil Enforcement Bailiff | $300–$800+ | Required only if tenant refuses to leave after order of possession |
| Court of King's Bench (Writ) | $200–$400+ | Filing and service costs for enforcement application |
| Property Restoration | Varies | Cleaning, repairs, re-keying after tenant removal |
Delays at any stage increase the total cost. Every additional month a non-paying tenant remains in the property adds a full month of lost rental income on top of legal and enforcement fees. Filing promptly after notice expiry and presenting organized evidence at the hearing are the two most effective ways to minimize total eviction costs.
An eviction lawyer in Calgary at Centobin Law Office provides legal services to both landlords seeking to recover possession and tenants defending against unlawful or procedurally defective evictions.
Centobin Law Office prepares notices that comply with the RTA’s content, format, and service requirements, reducing the risk of RTDRS dismissals.
Book a confidential consultationThe legal team represents landlords at RTDRS hearings and in Provincial Court, presenting documented evidence and legal arguments to secure orders of possession.
Book a confidential consultationAfter a tenant vacates, Centobin Law Office handles the filing, evidence preparation, and hearing representation for unpaid rent and property damage recovery claims.
Book a confidential consultationIf a tenant refuses to leave after an order of possession, Centobin Law Office coordinates the Court of King’s Bench writ of possession application and liaises with civil enforcement bailiffs.
Book a confidential consultationCentobin Law Office reviews notices for procedural defects, incorrect notice periods, missing statutory statements, and insufficient grounds — any of which may render the notice void.
Book a confidential consultationThe legal team prepares and presents the tenant’s case at RTDRS hearings, including evidence of landlord non-compliance, retaliatory motivation, or breach of the landlord’s own obligations.
Book a confidential consultationIf a landlord has changed locks, shut off utilities, or removed belongings without a court order, Centobin Law Office pursues compensation for the tenant.
Book a confidential consultationA negotiated move-out agreement — including an agreed timeline, waiver of certain claims, or payment plan for arrears — often produces a faster and less adversarial outcome than a hearing.
Book a confidential consultationA landlord can serve an eviction notice without court involvement. However, if the tenant does not vacate voluntarily by the termination date, the landlord must apply to the RTDRS or Alberta Court of Justice for an order of possession. A landlord cannot physically remove a tenant, change locks, or shut off utilities without a court-issued order.
The landlord applies to the Court of King's Bench for a writ of possession, then hires a civil enforcement bailiff to execute the removal. The bailiff is the only person legally authorized to physically remove the tenant and their belongings from the property.
The RTDRS filing fee varies depending on the type of application and the amount claimed. Fees are payable at the time of filing and are typically recoverable as part of the order if the applicant is successful. Current fee schedules are available on the Service Alberta website.
No. All eviction notices under the Residential Tenancies Act must be in writing. A verbal request to vacate has no legal effect and cannot be enforced through the RTDRS or court.
The timeline depends on the type of notice, whether the tenant contests the eviction, and which forum hears the case. A straightforward non-payment case where the tenant does not dispute the notice can conclude within 3–4 weeks. Contested evictions heard by the RTDRS typically take 4–8 weeks from filing to decision. Cases requiring Court of King's Bench enforcement may extend to several months.
For a 14-day notice based on non-payment of rent, the tenant can void the notice by paying all rent owing — including rent that becomes due during the notice period — before the termination date. Once the full amount is paid, the notice is cancelled and the tenancy continues.
The Residential Tenancies Act does not restrict evictions based on the time of year. A landlord may lawfully evict a tenant during winter months, provided the correct notice and procedural requirements are followed.
Whether you are a landlord who needs to recover your property or a tenant challenging an unlawful notice, Centobin Law Office provides clear, efficient legal guidance for eviction matters in Calgary and across Alberta.
This legal team easily guided me through a complicated family law matter. Their team was responsive and knowledgeable and always had my best interests at heart.
I needed help with a commercial dispute, and Centobin Law resolved it efficiently. Their attention to detail and commitment to my case was outstanding.
I was facing criminal charges and didn't know where to turn. This law firm not only defended my rights but treated me with respect and understanding throughout the process.
I couldn't have asked for better representation during my divorce. Centobin Law truly cared about my situation and fought for my best interests.
I was impressed by the way they handled my immigration case. The lawyers were knowledgeable and helped me through every step of the process.
Centobin Law Office was there for me when I needed legal representation the most. Their team was professional, prompt, and gave me the results I needed.
