ALEC & Foster
Landlord Eviction Services
Suite 126, 1111 – 6 Avenue S.W.
Calgary Alberta T2P 5M5
Telephone: 403-259-0029 Fax: 403-274-7403 E-mail: landlord911@fosterco911.com
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A Guide for Owners and Managers of what to do when a Tenant fails to pay rent:
Eviction– To evict a tenant you have 2 options
RTDRS (Residential Tenancy Dispute Resolution Service)
- Cheap
- You will generally wait about 4 to 6 weeks for hearing date which means lost revenue or lost time in the eviction process
- Rulings usually favour tenants even if the tenant fails to appear for the hearing
- Orders are unpredictable
- Staff are not legally trained
Court of Queen’s Bench
- Immediate access – no 14 day notice is required
- Rulings consistent
- Intimidating to tenant
Court of Queen’s Bench process – the best route
A) email to landlord911@fosterco911.com or fax to 274-7403 the following:
Lease, if you have one
Demand Notice
Last Demand or Eviction Notices
Copy of the Tenant Ledger printout
and we’ll take care of the rest
How the eviction process works
1) On your behalf, the Affidavit is completed and is signed by the Property Manager or Agent (this is usually your last involvement in the matter)
2) We file the Affidavit along with Notice to the tenant at the Court House
3) We then serve the Affidavit and Notice upon the tenant
4) On the Court Date we attend with our Lawyer on your behalf.
The Court determines:
i) the date the Tenant(s) must be out by, a specific date generally 10 to 14 days after Court
ii) if the Tenant(s) wants to stay a specific payment schedule is drafted in an Order
iii) if the Tenant misses a payment or if the Tenant refuses to leave let us know and
we will arrange for a Bailiff to attend and remove the Tenant(s) within 2 days
Why do I not serve a 14 day Notice of Termination (a waste of the landlord’s time)
The process to evict a tenant generally takes 3 weeks, 1 week to get into court and 10 to 14 days for the Tenant(s) to move out so if you serve a 14 day Notice and still do not get paid the 3 week process does not get the Tenant out until the next month and you have lost another months rent.
If we are dealing with a drug or behaviour problem, violence or threats of violence the Courts will usually give the Tenant less than 2 weeks to vacate, possibly as little at 2 days.
Post Eviction – if you know where the tenant(s) work we can Garnishee them for the amount of the outstanding judgment.