If a tenant fails to do any of these things, then the tenant has committed a substantial breach of the residential tenancy agreement.
A tenant also commits a substantial breach by committing a series of breaches of the residential tenancy agreement, if the total effect of all the breaches is substantial.
If a substantial breach has been committed the landlord can:
The landlord must give the tenant 14 clear days notice. This means that the landlord cannot count the day the notice is served on the tenant, and the landlord cannot count the day the tenant moves out.
Example: A tenant has been having late parties and disturbing other tenants. The landlord has given the tenant multiple warnings to stop the partying, but the tenant has ignored the landlord. The landlord decides to give the tenant a 14 day notice to terminate the tenancy for substantial breach. If the landlord gives the tenant the notice on July 5, then the notice is effective on July 20. Why? July 5 doesn’t count because that is the date the notice is served. July 6-19 are the 14 clear days, and July 20 doesn’t count because this is the day the tenant must move out.
The landlord’s 14 day notice must:
If the notice to terminate is given for non-payment of rent, the notice must also state that the tenancy will not be terminated if, on or before the termination date given in the notice, the tenant pays the rent due and any additional rent that has become due.
Usually, tenants can object to 14 day eviction notices. Tenants can object when they don’t agree with the termination. The objection notice must be in writing and set out the reasons for objecting to the termination. It must be sent to the landlord before the termination date set out in the notice (before the 14 days are over). If a tenant does not object before then, the tenant must move out.
A tenant cannot object to a 14 day eviction notice given because of unpaid rent. The only thing a tenant can do is pay all of the rent that is owed, and the rent that is due by the termination date in the notice.
A tenant must give the objection notice to the landlord or landlord’s agent personally or by sending it through registered or certified mail. If these methods do not work, the tenant can send the notice electronically (i.e. fax), as long as it will result in a printed copy of the notice being received by an electronic device at the landlord’s address.
A landlord cannot make a tenant move if a notice of objection is served before the termination date given in the notice. Once the landlord receives the objection, the landlord can:
If the landlord applies to the Residential Tenancy Dispute Resolution Service or Alberta Court of Justice, 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 about eviction hearings.
A landlord can give a tenant a 24 hour notice to terminate tenancy when:
The notice must be given to the tenant at least 24 hours before the date and time stated in the termination notice.
The landlord’s notice must:
If the tenant does not leave by the date and time given in the notice, then the landlord must apply for a court order within 10 days to end the tenancy. If the landlord does not apply within 10 days, the tenancy stays in place and the tenant can continue living in the property.
The landlord can choose to go straight to court or the Residential Tenancy Dispute Resolution Service to get an order terminating the tenancy immediately. The landlord may choose to go straight to court or the Residential Tenancy Dispute Resolution Service when:
