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Osuji & Smith Lawyers
ESTABLISHED EXCELLENCE

 “Eviction Notice Received in Alberta? You may have more time than you think.”

 Many tenants believe that once they receive an eviction notice, they must move out by the date listed. In reality, an eviction notice is only valid if it is served properly and on time. 

Under Alberta’s Residential Tenancies Act, eviction notices generally must be served in person or by registered mail. If a landlord cannot reach a tenant, limited alternatives may be used, such as posting the notice in a visible place or serving another adult in the unit. Notices that are not served correctly may be unenforceable. 

Timing also matters. When a notice is served late, the tenancy does not end on the date written in the notice. For monthly tenancies, a late notice typically means the tenancy ends at the end of the next full month, not the current one. Tenants who move out based solely on the notice date may be giving up rights they still have. 

Even with urgent notices, such as a 24-hour eviction, the tenancy does not automatically end. If a tenant does not leave, the landlord must apply to the Residential Tenancy Dispute Resolution Service or Court within a strict timeframe. If they fail to do so, the notice can become void. 

Evictions are highly procedural, and small errors in service or timing can make a significant legal difference. 

If you have received an eviction notice and are unsure whether it was properly served or takes effect when stated, speaking with a lawyer can help you understand your rights before making any decisions. 

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