When the landlord applies for this order, the tenant will be served with new documents from the landlord. See our Who Can Help page for a list of service providers that can provide further information to landlords and tenants about this process.
If the tenant does not move after being served the order, the landlord may hire a civil enforcement agency to evict the tenant. The landlord cannot remove the tenant themselves. For publication and resource requests, click here. This website provides legal information for Alberta law only.
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Underline links. Highlight Links. Clear cookies. Images Greyscale. Invert Colors. Lights Off. Accessibility by WAH. FAQ — Where can landlords and tenants of mobile home sites resolve their tenancy disputes? FAQ — Who can help a landlord or tenant to prepare for a hearing? FAQ — Can condominium boards evict tenants? FAQ — Can I get an emotional support animal even though my landlord says no pets are allowed?
FAQ — Can I rent out a short-term rental unit? FAQ — How often can my landlord increase my rent? FAQ — I live in an illegal secondary suite. Is this a reason for breaking my lease? FAQ — I put a security deposit on a house and signed the lease agreement. That said, it is going to cost you. However, it will likely prove to be worth it if you need the tenants out of the property as soon as possible.
Also, it is as simple as it sounds. Through this method, you will be paying your tenants to leave your property. In turn, this will allow you to avoid the lengthy eviction process and even save money in the long run. But by doing so, you can avoid the stress of involving law enforcement and waiting around as troublesome tenants continue to avoid paying rent or further damaging your property.
Being helpful and understanding while your tenants are being instructed to leave the property can mean the difference between a rocky road and a smooth transition. So, if you have access to cheaper rates on moving trucks or cleaning supplies, offer them to your tenants. If you have your own moving truck, allowing them to use it for free is an even better option for gently nudging your tenants out the door.
As a landlord, you may also have connections to other rental properties in the area. Tell your tenants you can help them find a new place to live. You may even want to provide them with business cards and phone numbers to other property managers and landlords in the area who have comparable price ranges.
Consequently, they may even be more apt to speed up the process. Sometimes, the most direct way is best, and you can simply ask the tenants to move out. Most people like the idea of avoiding conflict, especially if it means keeping good credit.
That is why calmly but firmly explaining the situation can lead to positive results. If there is no way for the tenant to stay due to unacceptable behavior on their part or extenuating circumstances beyond your control i.
Most importantly, you want there to be no question as to why the tenant must go. If the situation is more flexible — say, a matter of missing rent or violation of lease policies — there may be a way to reach a new arrangement with the tenant that changes the situation completely. Try talking to them to understand their situation better. That way, if you find that they can pay again in the future or solve a problem, keeping them around could potentially be a better alternative to evicting them.
Remember that allowing for open channels of communication between yourself and your tenants at all times is extremely important. Tell them everything they need to know upfront and remind them occasionally of their responsibilities. Doing so prevents tenants from growing careless in upholding their end of the bargain. When you find yourself desperate to remove tenants from your properties, you may consider some more extreme measures. Some landlords make the mistake of attempting to rid themselves of their tenants without respecting lease agreements.
Others use self-help eviction methods where they retake possession of a property without using the eviction process. Avoid using any of the following methods to force a tenant to leave your rental property:. In exchange, promise to go quietly at the appointed time.
From the landlord's point of view, unless you're a troublemaker or your landlord desperately needs the unit for some other reason, it's far more efficient to strike a deal than go through the expense and hassle of going to court. Put your offer in writing, which will assure the landlord of your good intentions—but remember, it will be devastating evidence against you in court should you renege on your promise, requiring the landlord to file an eviction to get you out.
A landlord who claims you've violated the rental agreement —such as by failing to pay the rent—may move quickly to terminate and evict. Notice periods for these situations are often much shorter, usually three to five days to pay up or move.
Sometimes, tenants don't have the option of paying the rent or correcting the violation—they must move or face an eviction lawsuit. It's equally easy for you, too, to get out of a rental agreement. Just give the required amount of notice to your landlord.
If you mail the notice, be sure to take into account the amount of time your notice will spend in transit. To be safe, assume that the time begins running when the landlord receives the notice, instead of when you mailed it—the landlord may be counting from the date of mailing and may have rerented the unit as of that date.
Contact the landlord and make sure you both agree as to which day will be your last take a look at your state statutes first. Usually you can send in your termination midterm, as can your landlord. But check your rental agreement—some landlords, anxious to avoid the hassles of being left with partial months, insist that notice be given on the day rent is due so that tenants move out at the end of a full rental period. This means that if rent is due on the first but you decide on the second that you want to move, you'll have to wait until the start of the next month before giving notice.
In other words, if your rental agreement requires you to give notice on the first day of the month, and you give notice on any other day, in the eyes if the law it hasn't been given until the first day of the next month and won't expire until one month after that.
Also, check to see if your rental agreement, lengthens your notice period and shortens your landlord's. Some rental agreements establish a notice period for tenants that is longer than the one specified by state law for terminating a tenancy. Or, a landlord may attempt to shorten their own notice period.
Both moves are designed to give the landlord more flexibility and you less. In some states, these agreements are valid. Check your state statute and, if the issue isn't addressed there, contact your state's consumer protection agency. Valid or not, be advised that a landlord who expects tenants to be bound by his last-minute decisions and short notice periods is probably one to avoid.
What happens if you give less than the required amount of notice? It's simple: You can leave, but you pay rent for that period, anyway. For example, if you suddenly move out of a month-to-month unit where 30 days' notice is required, the landlord will probably simply deduct from your security deposit the amount of rent you would have paid if you had delivered the required notice.
Notice is notice—there's no retraction period. Once you have delivered your termination notice, that's it. Your landlord is entitled to hold you to it and need not even listen to you as you attempt to explain why circumstances now make it impossible or unwise for you to move.
If you decide to stay put and hope that this business of moving will just blow over, think carefully. If your landlord has rented your place to someone else after you've given notice, but then you decide to stay on "hold over" , there's the problem of the tenant who expected to take your place. You can be liable to this tenant for their temporary housing costs incurred while the landlord evicts you or while the disappointed tenant resumes their own housing search.
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