Can You Evict a Tenant in Winter in Edmonton, Alberta?

Many property owners ask: “Can you evict someone in the winter in Alberta?”

Yes, winter evictions are legal in Alberta. Unlike some Canadian provinces, Alberta’s Residential Tenancies Act permits landlords to evict tenants and terminate residential tenancies throughout the year legally. The law doesn’t distinguish between December and July. Both the landlord and tenant have the same rights and obligations regardless of the season.

Whether you’re facing non-payment of rent or dealing with problematic tenants, understanding the legal process protects your investment. The winter months don’t alter the prescribed steps required to remove a tenant from a rental property legally.

KEY FACT: The Residential Tenancies Act explicitly states that weather does not restrict lease termination. However, you must follow all legal requirements to evict a tenant properly.

Alberta’s Year-Round Eviction Framework

In Alberta, the Residential Tenancies Act establishes the rules governing the relationship between landlords and tenants. According to Service Alberta, these rules apply equally throughout the year, with no special seasons or exceptions to the rules. If you need to evict a tenant, you must have a legal reason recognized under Alberta’s rental laws.

Valid grounds to evict a tenant include:

• Non-payment of rent (the most common reason for landlord evictions)
• Significant property damage to the rented premises
• Assault or threats toward you or other tenants
• Repeated tenancy agreement violations
• Illegal activity on the landlord’s property
• Unauthorized occupants in the rental unit

The Centre for Public Legal Education Alberta explains that you can evict tenants during the winter, but you must still follow every required step in the eviction process. Alberta does not allow “no-fault” evictions. You must always have a valid legal ground to move forward.

Required Notice Periods and Types

Notice periods depend on the termination reason. Alberta.ca specifies that all written notices must be delivered in person or by registered mail. When you want to evict a tenant, providing proper written notice is the critical first step in the legal process.

24-Hour Notice

Reserved for difficult situations: significant property damage or physical assault/threats against you or other tenants. This notice period applies when tenant safety or excessive damage to the residential premises requires immediate action.

14-Day Notice for Substantial Breaches

The most common eviction notice covers substantial breaches:

• Unpaid rent (when the tenant fails to pay rent by the due date)
• Failure to maintain property cleanliness
• Disturbing other tenants in a residential complex
• Not vacating after the tenancy agreement ends

Important: When you issue a notice for non-payment, the tenant can cancel the eviction if they pay all outstanding amounts before the given deadline. For other 14-day notices, tenants can file a written objection with the landlord and tenant board if they disagree with your stated reasons. Be sure your documentation is thorough.

Extended Notice Periods

When terminating periodic tenancies without cause, you must provide three months’ notice for monthly tenancies. These longer notice periods apply when you want vacant possession for personal use, major renovations, or if a close family member needs the rental unit.

Notice for Landlord Personal Use

When you need the rental property for personal use or for a close family member, you must provide at least three months’ notice for monthly tenancies. You must act in good faith. You cannot use this reason as a pretext to evict tenants you simply don’t like. If you don’t actually use the property for the stated purpose, the tenant may seek compensation against you.

Notice for Major Renovations or Repairs

Major renovations or major repairs that require vacant possession also require extended notice. Minor repairs or cosmetic updates don’t justify eviction. You must demonstrate that the work genuinely requires the rental unit to be empty and cannot be completed with tenants in place.

Can a Landlord Evict a Tenant in the Winter? Step-by-Step Process

As mentioned, yes. However, you must follow this formal legal process, regardless of whether it’s January or June. Understanding the prescribed steps helps you avoid costly mistakes and delays.

Step 1: Serve Written Notice

You must deliver a complete written notice stating the specific reason for termination and the exact date the tenant must vacate the rented premises. Generic or incomplete notices have no legal force. The notice must comply with all requirements under residential tenancies legislation.

Step 2: Wait for the Notice Period

You cannot take further action until the notice period expires. During this time, a tenant who receives notice of unpaid rent can pay all outstanding amounts to avoid eviction. For other breaches, tenants can file an objection if they disagree with your claims. Be prepared with documentation.

Step 3: File Application With the Tenant Board

If the tenant refuses to vacate after the notice period, you must apply to the Residential Tenancy Dispute Resolution Service (RTDRS) or the Alberta Courts. This is Alberta’s equivalent of the Landlord and Tenant Board. The tenant board will review your case and, if you followed proper procedures, issue an eviction order.

Step 4: Obtain an Eviction Order

The eviction order from RTDRS or the court gives you legal authority to proceed with removal. This order specifies the date by which the tenant must vacate and provides the necessary documentation for enforcement.

Step 5: Enforcement Through Sheriff’s Office

Only a sheriff or court enforcement officer can physically remove tenants. You must contact the sheriff’s office (also known as the court enforcement office) to obtain the eviction order. The court enforcement officer will schedule and conduct the removal. Never attempt to personally remove tenants, change locks, remove belongings, or shut off utilities without an enforcement order. These actions constitute illegal self-help eviction and may result in penalties being imposed against you.

What You Cannot Do as a Landlord

Even when a tenant fails to pay rent or violates the tenancy agreement, you cannot:

• Personally remove tenants or their belongings from your property
• Change locks to prevent tenant access
• Shut off utilities or essential services
• Harass or intimidate tenants to force them out
• Enter the rental unit without proper notice (except emergencies)

These actions violate the Residential Tenancies Act and can result in significant penalties against you, including fines and liability for damages. The legal process exists to protect both parties and must be followed completely. Shortcuts will cost you more time and money in the long run.

Realistic Timeline for the Eviction Process

If tenants ask, “Can you be evicted in the winter using the same timeline as other seasons?”

The answer is yes. The process follows the same legal timeline as any other season. However, severe weather may occasionally slow down the final enforcement stage.

• Days 1-14: Notice period (tenant may pay all the back rent to cancel eviction)
• Days 15-30: File application with landlord and tenant board, attend hearing, receive eviction order
• Days 31-45: Contact the sheriff’s office, schedule enforcement, and the court enforcement officer conducts the removal

Total: 6-8 weeks minimum from first notice to vacant possession

Can you evict in winter? Yes, and the timeline remains the same. However, during the extreme cold of winter months, the court enforcement office may experience backlogs when scheduling physical removals. This can add 1-2 weeks to the enforcement phase, but it doesn’t affect the legal deadlines or the validity of your eviction order.

What to Do When a Tenant Refuses to Vacate

If the tenant refuses to leave after receiving your eviction notice and the notice period expires, you cannot take matters into your own hands. You must obtain an eviction order through RTDRS or the courts. Only after receiving this order can you engage the sheriff’s office to legally remove the tenant and their belongings from your rental property.

The court enforcement officer will typically provide the tenant with a final notice of when they will attend to enforce the eviction order. This gives the tenant one last opportunity to vacate voluntarily. If the tenant still refuses, the court enforcement officer will oversee the physical removal and ensure you regain vacant possession of your rental unit. Document everything throughout this process.

Protecting Your Rights as a Property Owner

While tenants have legal protections, you also have rights under the Residential Tenancies Act. Here’s how to protect your investment:

• Document Everything: Keep detailed records of all communications, rent payments (or missed payments), property condition reports, lease violations, and notices served. This documentation is crucial if the tenant disputes your eviction before the tenant board.
• Serve Notices Properly: Follow prescribed steps for serving written notice. Use registered mail or personal service with proof of delivery. Improper service can invalidate your entire eviction and force you to start over.
• Act Promptly on Violations: Don’t delay when you discover non-payment of rent or serious lease violations. The sooner you begin the legal process, the sooner you can resolve the issue and minimize your losses.
• Follow Legal Process Exactly: Resist any temptation to take shortcuts. Landlords who change locks or personally remove tenants face legal consequences and may owe damages to the tenant. Follow residential tenancies laws completely.

Dealing With Multiple Tenants

When multiple tenants share your rental unit, the eviction rules can become more complex. If one tenant violates the tenancy agreement but other tenants have followed all rules, you generally cannot evict the compliant tenants. However, if all tenants are named on the same tenancy agreement and one tenant fails to pay their share of rent, you can pursue eviction against all tenants unless the remaining tenants pay the full rent amount.

Best Practices for Winter Evictions

• Start Early in the Season: If you anticipate needing to evict a tenant, begin the legal process in early winter rather than waiting until later in the season. This gives you time to navigate any weather-related delays in enforcement.
• Prepare Thorough Documentation: Gather all lease agreements, payment records, communication logs, and evidence of violations before filing your application with the landlord and tenant board. Strong documentation improves your chances at the hearing.
• Maintain the Property During Vacancy: Once you obtain vacant possession, ensure utilities remain on to prevent property damage from frozen pipes. Winter vacancy requires extra attention to protect your investment.
• Consider Professional Help: The eviction process involves technical legal requirements and strict deadlines. Professional eviction services can handle the entire process, ensuring you follow all prescribed steps and maximize your chances of success.
• Plan for Re-Rental: Winter months typically have fewer prospective tenants. Begin marketing your rental property before the current tenant is removed to minimize vacancy time.

Practical Winter Considerations for Property Owners

While cold weather doesn’t change your legal right to evict a tenant, winter months create practical challenges you should anticipate:

• Enforcement Scheduling: The court enforcement office may experience backlogs during extreme cold snaps in the winter months when it prioritizes urgent matters. A court enforcement officer may delay non-emergency evictions if the weather poses a safety risk. This can add 1-2 weeks to obtaining vacant possession, though your eviction order remains valid.
• Property Protection: Winter evictions require extra care to prevent damage to the property and its contents. When a rental unit sits vacant in cold weather, pipes can freeze if heat isn’t maintained. Ensure utilities remain on until the property is re-rented. Consider winterization if the vacancy will be extended.
• Re-Rental Challenges: Edmonton’s rental market typically experiences a decline in prospective tenants during the winter months. Competition is lower, but demand is also lower. Price your rental property competitively and begin marketing early to minimize lost rental income.

When to Hire Professional Eviction Services

Consider hiring professional eviction services if:

• You’re dealing with complex situations involving multiple violations
• The tenant has legal representation or filed objections
• You need to evict during winter and want to avoid delays
• You’ve never been through the eviction process before
• You don’t have time to handle the paperwork and hearings
• You want representation at landlord and tenant board hearings
• Previous attempts to evict have failed due to procedural errors

Professional eviction specialists understand the eviction process, can build your complete RTDRS application package, represent you at hearings, and coordinate with the court enforcement office to obtain vacant possession quickly. They ensure all prescribed steps are followed correctly, minimizing delays and maximizing your chances of success.

Let Edmonton Eviction Services Handle Your Winter Eviction

Navigating tenant disputes during Alberta’s harsh winter months shouldn’t drain your time, energy, or joy from property ownership. Edmonton Eviction Services Inc. specializes in helping landlords legally evict non-performing tenants year-round, handling the entire process from application to representation before the Landlord and Tenant Board. With over a decade of experience managing approximately 45 cases per month across Alberta, our team has a deep understanding of the eviction process. It takes the stress off your shoulders, allowing you to focus on protecting your rental property investment.

Led by Donald Gray, a former rental property owner who successfully managed 500 units before founding EES, we bring firsthand landlord experience to every case. We’ll build your complete RTDRS hearing package following all prescribed steps, guide you through the legal process, coordinate with the sheriff’s office for enforcement, and deliver enforceable eviction orders that protect your rights. Whether you’re dealing with non-payment of rent, property damage, or repeated tenancy agreement violations this winter, we’ll handle the legal heavy lifting while you regain control of your property.

Ready to resolve your tenant issue? Call (780) 974-8427 for a Free Case Review