Eviction Notice Form Alberta

NOTICE TO VACATE AND DEMAND FOR POSSESSION (ALBERTA RESIDENTIAL TENANCY)

1. Document Preamble & Recitals

THIS NOTICE TO VACATE AND DEMAND FOR POSSESSION (the "Agreement") is entered into and made effective as of [Date, e.g., 1st day of November, 2023] (the "Effective Date"), by and between:

LANDLORD / PROPERTY MANAGER: [Landlord/Corporation Name], having a principal place of business at [Landlord Street Address, City, Province, Postal Code] (hereinafter referred to as the "Landlord"),

AND

TENANT(S): [Tenant Name(s)], currently residing at [Rental Unit Street Address, Unit Number, Calgary/Edmonton, AB, Postal Code] (hereinafter referred to as the "Tenant").

WHEREAS: A. The Landlord and the Tenant entered into a residential tenancy agreement dated [Date of Original Lease] (the "Residential Tenancy Agreement") in respect of the residential premises legally described or commonly known as [Rental Unit Complete Address] within the Province of Alberta (the "Premises"); and

B. Pursuant to the Residential Tenancies Act, SA 2004, c R-17.1 (as amended from time to time, the "RTA"), and the terms of the Residential Tenancy Agreement, the Landlord is entitled to terminate the tenancy and demand vacant possession of the Premises upon the occurrence of specific defaults or statutory notice periods; and

C. The Tenant is currently in material breach of the Residential Tenancy Agreement and/or the RTA, necessitating the issuance of this formal eviction notice and demand for vacant possession.

NOW, THEREFORE, the Landlord hereby provides formal legal notice under the laws of the Province of Alberta as set forth herein.

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2. Operational Definitions

For the purposes of this Agreement and all related notices issued pursuant hereto, the following terms shall have the precise meanings ascribed below:

1. "Act" or "RTA" means the Residential Tenancies Act, SA 2004, c R-17.1, including any regulations promulgated thereunder, as amended from time to time.
2. "Business Day" means any day, excluding Saturdays, Sundays, and statutory holidays observed in the Province of Alberta.
3. "Cure Period" means the exact numerical period of time expressly granted to the Tenant under this Agreement and/or the RTA to rectify a specified Default.
4. "Default" means any failure by the Tenant to perform, observe, or comply with any covenant, obligation, restriction, or term of the Residential Tenancy Agreement, this Agreement, or the RTA.
5. "Effective Date of Termination" means the precise calendar date and time by which the Tenant must vacate and yield up vacant possession of the Premises to the Landlord, as specified in Section 4.1.
6. "Landlord" includes the registered owner of the Premises, the designated property manager, and any authorized legal representative acting on behalf of the Landlord.
7. "Notice Period" means the mandatory statutory notification duration required under Alberta law prior to the termination of a residential tenancy.
8. "Premises" means the residential rental unit, including any designated parking stalls, storage lockers, and exclusive-use appurtenances located at [Rental Unit Complete Address], Alberta.
9. "Rent" means the monthly financial consideration of [Monthly Rent Amount in Words] ([Dollar Amount]) payable by the Tenant to the Landlord pursuant to the Residential Tenancy Agreement.
10. "Security Deposit" means the monetary sum of [Deposit Amount in Words] ([Dollar Amount]) held by the Landlord pursuant to Section 43 of the RTA.
11. "Tenant" means each and every individual named as a tenant in the Residential Tenancy Agreement, jointly and severally.
12. "Vacant Possession" means the complete physical evacuation of the Premises by the Tenant, all occupants, and all personal property, accompanied by the return of all keys, security fobs, and access devices to the Landlord, leaving the Premises in a clean, undamaged, and tenantable condition.

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3. Substantive Terms & Obligations

1. Statement of Breach and Grounds for Eviction: The Landlord hereby states that the Tenant has committed a substantial breach of the Residential Tenancy Agreement and/or the RTA based upon:

   • Non-payment of Rent in the total arrears amount of [Dollar Amount] as of the date of this notice.
   • Disturbance of the peace and quiet of the landlord or other tenants.
   • Endangering the health or safety of persons lawfully on the residential property.
   • Causing extraordinary damage to the Premises.
   • Breach of material term regarding [Specify Material Term, e.g., unauthorized occupants or pets].

2. Demand for Vacant Possession: The Tenant is hereby strictly commanded to vacate, surrender, and deliver up Vacant Possession of the Premises to the Landlord no later than [Time, e.g., 12:00 Noon] on [Termination Date, e.g., November 30, 2023] (the "Effective Date of Termination").

3. Performance Metrics and Continuing Financial Obligations: The issuance of this notice and the ultimate termination of the tenancy shall not release the Tenant from any accrued financial liabilities. The Tenant remains strictly obligated to pay all accruing Rent, utility charges, and other operational fees up to and including the actual date Vacant Possession is delivered to the Landlord.

4. Condition Inspection Obligations: Pursuant to section 19 and 22 of the RTA, the Tenant shall participate in both the move-out inspection and the completion of the written inspection report at a mutually agreed time, or at the times formally proposed by the Landlord in accordance with statutory requirements.

5. Representations and Warranties of the Tenant: The Tenant represents and warrants that:

   • All occupants currently residing in the Premises are duly authorized under the Residential Tenancy Agreement.
   • No hazardous materials, illegal substances, or unauthorized alterations have been introduced to the Premises.
   • The Tenant shall not cause, permit, or suffer any waste, damage, or structural modification to the Premises during the notice period.

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4. Default, Termination, and Remedies

1. Classification of Default & Notice Cure Periods:

   • For Non-Payment of Rent: Pursuant to section 30 of the RTA, if the default is failure to pay rent, the Tenant is provided a statutory Cure Period ending fourteen (14) clear days from the date of service of this notice, during which full payment of all outstanding arrears may void this notice, at the sole discretion of the Landlord where permitted by law.
   • For Substantial Breach (Non-Rent): Pursuant to section 29 of the RTA, where the breach concerns conduct, property damage, or material lease terms, the Landlord designates a strict cure or termination notice period of fourteen (14) clear days.
   • Operational Cure Period Benchmark: For all other administrative or operational defaults not specifically prescribed by the RTA, a standard cure period of thirty (30) Business Days from the date of formal receipt shall apply where applicable by contract.

2. Legal Recourse and Judicial Remedies: If the Tenant fails, neglects, or refuses to vacate and deliver Vacant Possession of the Premises to the Landlord by the Effective Date of Termination, the Landlord shall immediately pursue all available remedies at law and in equity, which shall include without limitation:

   • Filing an application with the Residential Tenancy Dispute Resolution Service (RTDRS) or the Alberta Court of Justice for a writ of possession and monetary judgment for rent arrears, damages, and legal costs.
   • Retaining bailiffs or civil enforcement agencies to execute the writ of possession forcibly.
   • Seizing and/or disposing of abandoned property in strict accordance with Part 4 of the Residential Tenancies Ministerial Regulation.

3. Cumulative Remedies: All remedies conferred upon the Landlord under this Agreement, the Residential Tenancy Agreement, and the RTA shall be cumulative and non-exclusive. The exercise of one remedy shall not preclude or waive the right to pursue any other available legal recourse.

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5. Boilerplate Legal Provisions

1. Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable by an arbitrator, the RTDRS, or a court of competent jurisdiction, such provision shall be severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

2. Entire Agreement: This Agreement, together with the original Residential Tenancy Agreement and statutory notices mandated by the RTA, constitutes the entire understanding between the Landlord and the Tenant regarding the termination of the tenancy. No modifications, amendments, or waivers shall be valid unless executed in writing by both parties.

3. Force Majeure: Neither party shall be held in default for failure to perform their obligations hereunder if such failure results from acts of God, war, civil unrest, natural disasters, or governmental restrictions beyond the reasonable control of the affected party, excluding financial inability to pay Rent.

4. Governing Law and Jurisdiction: This Agreement shall be exclusively governed by, construed, and enforced in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

5. Dispute Resolution: Any legal action, proceeding, or dispute arising out of or relating to this Agreement, the tenancy, or the eviction process shall be adjudicated exclusively through the Residential Tenancy Dispute Resolution Service (RTDRS) or the Alberta Court of Justice located in [City, e.g., Calgary], Alberta, and the parties hereby irrevocably attorn to the jurisdiction of said tribunals.

6. Notice Delivery and Service: Any notice required under this Agreement or the RTA shall be deemed validly served if delivered personally, sent by registered mail, or served via electronic means where consented to in writing pursuant to the Electronic Transactions Act (Alberta).

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6. Formal Execution Block

IN WITNESS WHEREOF, the parties hereto have executed this Eviction Notice and Demand for Possession under seal as of the Effective Date first written above.

LANDLORD:

[Landlord / Corporation Name]

Per: ___________________________________
Name: [Authorized Signatory Name]
Title: [Title, e.g., Managing Director / Property Manager]
Date: [Execution Date]

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TENANT(S):

[Tenant Name]

Signature: ______________________________
Name: [Tenant Name]
Title: Tenant
Date: [Execution Date]

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[Co-Tenant Name, if applicable]

Signature: ______________________________
Name: [Co-Tenant Name]
Title: Co-Tenant
Date: [Execution Date]

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CERTIFICATE OF SERVICE (To be completed by the Person Serving Notice): I hereby certify that a true copy of this Notice was served upon [Tenant Name] on [Date of Service] by means of [Method of Service, e.g., Personal Delivery / Registered Mail].

Server Signature: ___________________________
Server Name: [Name of Process Server/Landlord]