In Alberta, a landlord can end a tenancy on at least 24 hours' written notice if the tenant did or permitted significant damage, or physically assaulted or threatened to physically assault the landlord or another tenant. If the tenant stays, the landlord must apply to a court or the RTDRS within 10 days or the notice fails (Residential Tenancies Act, s.30).
This FAQ covers the 24-hour eviction notice, the shortest notice in Alberta, for landlords deciding whether it fits and tenants who have received one. Most other breaches use the 14-day notice; see tenant got a 14-day notice in Alberta.
When can an Alberta landlord give a 24-hour notice?
Only in two situations: the tenant has done or permitted significant damage to the premises, the common areas or the property, or the tenant has physically assaulted or threatened to physically assault the landlord or another tenant (s.30(1)). Instead of serving a notice, the landlord may apply to a court or the Residential Tenancy Dispute Resolution Service to end the tenancy.
| 24-hour notice | 14-day notice | |
|---|---|---|
| Grounds | Significant damage, or assault or threat of assault | Substantial breach, including unpaid rent |
| Minimum notice | 24 hours before the stated time | 14 clear days |
| Tenant written objection | Not available | Available, except for unpaid rent |
| If the tenant stays | Landlord applies within 10 days or notice is ineffective | Landlord applies for an order |
| Section | s.30 | s.29 |
What must a 24-hour notice include?
The notice must be in writing, signed by the landlord or the landlord's agent, set out the reasons for termination, and give the time and date the tenancy ends (s.30(2)). The Government of Alberta also lists the address of the rental premises as a required item. Serve it personally or by registered mail (s.57(1)); if the tenant is absent or evading service, it can go to an adult who apparently lives there or be posted in a conspicuous place (s.57(3)).
The usual rule that a tenancy ends at 12 noon on its last day does not apply to a 24-hour notice (s.20(2)), which is why the notice names a time as well as a date.
What happens if the tenant does not leave?
The landlord may apply to a court or the RTDRS, within 10 days after the termination date, for an order confirming the termination and for any other remedy under section 26 (s.30(3)). The application needs an affidavit with details of the damage, assault or threat and a copy of the notice with the time and date it was served (s.30(4)).
If the landlord does not apply within those 10 days and the tenant is still there, the notice is ineffective and the tenancy is treated as never having been ended by it (s.30(5)). A court or the RTDRS confirms the termination only if satisfied the damage, assault or threat happened (s.30(6), (7)).
Frequently asked questions
Can a tenant object to a 24-hour notice?
Not with the written objection that stops a 14-day notice for a breach other than rent (s.29(4)(b)); the RTA Handbook says that objection cannot be used for assault, threats or significant damage. The tenant can instead dispute the facts when the landlord applies to confirm the termination.
What counts as "significant" damage?
The Act does not define it. Because a court or the RTDRS must be satisfied the damage occurred before confirming the notice, photos, repair quotes and witness statements matter.
Does a threat by text message count?
Section 30 covers threatening to physically assault the landlord or another tenant; it does not limit how the threat is made. Keep the messages and report threats to police where appropriate.
Can the landlord also claim the repair costs?
Yes. The landlord may pursue damages not covered by the security deposit through the RTDRS or a court, according to the Government of Alberta's Information for landlords. See security deposit deductions in Alberta.
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