An illegal eviction in Alberta is any attempt to remove a tenant without an order from the Residential Tenancy Dispute Resolution Service (RTDRS) or a court. A landlord cannot change the locks without giving the tenant a key, shut off heat, water or power they are responsible for, or put a tenant's things out. Only a civil enforcement agency can carry out an eviction.
The Government of Alberta says it plainly on its civil enforcement page: "Your landlord cannot evict you or take your property. Only a bailiff can do this." The myths below are the shortcuts landlords are tempted to take, and what the Residential Tenancies Act (RTA) says instead. For the lawful route, start with ending a tenancy in Alberta.
Myth 1: Can a landlord change the locks if the rent is late?
No. In Alberta a landlord who adds or changes a lock must make a key available to the tenant as soon as the change is made (RTA s.24(2)). Changing the locks to keep a tenant out is a contravention of s.24, and s.60 makes that an offence with a fine of up to $5,000. Late rent is dealt with by a 14-day notice and, if needed, an RTDRS or court application, as set out in Alberta's 14-day notice for unpaid rent.
Myth 2: Can a landlord cut off the utilities to make a tenant leave?
No, not for any utility the landlord supplies. Alberta's Minimum Housing and Health Standards require every owner to ensure a continuous supply of electricity, water and heat unless the rental agreement makes that utility the occupant's sole responsibility. The RTA also writes into every tenancy the landlord's covenants not to disturb the tenant's peaceful enjoyment in any significant manner and to meet the minimum housing standards (s.16(b) and (c)). See no heat or hot water in an Alberta rental for the tenant's options.
Myth 3: Does a 14-day notice let a landlord remove the tenant on day 15?
No. If the tenant objects to a 14-day notice or simply does not leave, the landlord's next step is to apply to the RTDRS or court for an order terminating the tenancy and granting possession, according to the province's Ending a tenancy page. Even then, the RTA lets a civil enforcement agency evict only under an order for recovery of possession, and, unless the court orders otherwise, only after the order has been served and an affidavit of service filed in the Court of King's Bench (s.34.1).
Myth 4: Can a landlord put a tenant's belongings on the curb?
No. A landlord has no power to seize or remove a sitting tenant's property, which the province confirms is the bailiff's job under a court order. The RTA's abandoned-goods rules (s.31) apply only to goods left by a tenant who has abandoned the premises, or who has moved out after the tenancy expired or was terminated. That process is covered in tenant belongings left behind in Alberta.
Myth 5: Can a landlord walk in whenever they like?
No. Without the tenant's consent, an Alberta landlord may enter without notice only in an emergency or when the landlord reasonably believes the tenant has abandoned the premises (s.23(2)). Other entries, such as repairs, inspections or showings, need written notice at least 24 hours ahead and must be between 8 a.m. and 8 p.m. on a day that is not a holiday (s.23(3) and (4)). Details are in Alberta's landlord entry notice rules.
Myth 6: Can a landlord end a tenancy because the tenant complained?
No. Section 25 bars a landlord from terminating a tenancy, or taking any retaliatory action including a financial penalty, only because the tenant made an application, filed a statement, made a complaint, assisted an investigation or gave evidence under the RTA or the Public Health Act. A contravention of s.25 is also an offence under s.60.
| Shortcut | What Alberta law requires instead | Source |
|---|---|---|
| Changing the locks | Key to the tenant as soon as the lock changes | RTA s.24 |
| Cutting heat, water or power | Continuous supply unless the lease makes it the tenant's job | MHHS s.8(d) |
| Removing the tenant | RTDRS or court order, served, enforced by a civil enforcement agency | RTA s.34.1 |
| Entering at will | 24-hour written notice, 8 a.m. to 8 p.m. | RTA s.23 |
| Retaliation | Prohibited | RTA s.25 |
What can an Alberta tenant do after an illegal eviction attempt?
A tenant can apply to the RTDRS for damages, an abatement of rent or termination of the tenancy where the landlord breached the agreement or contravened the Act (RTA s.37 and s.54.2). The RTDRS cannot order a landlord to do or stop doing something, according to its How to apply page, so an urgent lockout may call for a court application instead; RTDRS or court compares the two. Suspected RTA offences can be reported to Alberta's Consumer Investigations Unit, and anything criminal to the police, as the RTDRS legal resources page explains.
Frequently asked questions
Is a lockout a criminal matter in Alberta?
The RTA treats a lock change without a key as a provincial offence with a fine of up to $5,000. If you believe a criminal offence was committed, the province directs you to the local police.
Can a landlord stop paying for utilities that are included in the rent?
Not while the tenancy lasts. If the rental agreement includes a utility, the owner must keep it supplied under the minimum housing standards, and stopping it can be a breach of the tenancy agreement.
How long does a tenant have to report an RTA offence?
Prosecutions under s.60 must start within 3 years of the alleged offence (s.61). Report it promptly while the evidence is fresh.
Does the bailiff give notice before an eviction?
The province says a bailiff is not required to give advance notice of an eviction or seizure unless the court directs it. Unless the court orders otherwise, the order for possession must already have been served on the tenant (RTA s.34.1).
Can a tenant withhold rent after a lockout?
Alberta's guidance is that tenants cannot withhold rent because they believe the landlord is not meeting its obligations. The remedy is an RTDRS or court application.
Ending a tenancy the lawful way?
Fill in Alberta's AR211-F3 landlord's 14-day notice for a substantial breach, step by step.
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