Eviction Notice Template Alberta

EVICTION NOTICE: RESIDENTIAL TENANCY TERMINATION

This Eviction Notice (the "Agreement") is made effective as of this [Date] day of [Month], [Year] (the "Effective Date").

1. DOCUMENT PREAMBLE & RECITALS

BETWEEN: [Landlord Name], a [Legal Entity/Individual] with a principal address located at [Landlord Address] ("Landlord");

AND: [Tenant Name], a [Legal Entity/Individual] with a principal address located at the Premises defined below ("Tenant").

WHEREAS, the Landlord and Tenant entered into a Residential Tenancy Agreement dated [Original Agreement Date] (the "Lease") regarding the property located at [Full Property Address, including Unit Number, City, Alberta] (the "Premises");

WHEREAS, the Tenant is currently in breach of specific covenants stipulated within the Lease and the Residential Tenancies Act (Alberta) (the "Act");

NOW, THEREFORE, in consideration of the mutual covenants contained herein and pursuant to the provisions of the Act, the parties agree as follows:

2. OPERATIONAL DEFINITIONS

1. "Act" shall mean the Residential Tenancies Act, SA 2004, c R-17.1, as amended, and all associated regulations thereto.
2. "Breach" shall mean any failure by the Tenant to fulfill obligations under the Lease or the Act, including, but not limited to, non-payment of rent, substantial breach, or property damage.
3. "Business Day" shall mean any day other than a Saturday, Sunday, or a statutory holiday recognized in the Province of Alberta.
4. "Premises" shall mean the residential property identified in the Preamble.
5. "Termination Date" shall mean the date, defined in Section 3, upon which the Tenant must vacate the Premises.

3. SUBSTANTIVE TERMS & OBLIGATIONS

1. Notice of Breach: The Landlord hereby provides formal notice that the Tenant is in breach of the Lease due to: [Detailed Description of Breach, e.g., Non-payment of rent in the amount of $Dollar Amount].
2. Performance Requirement: The Tenant is required to remedy the Breach by [Cure Date] or vacate the Premises.
3. Termination Date: Should the Tenant fail to remedy the Breach, the Lease shall terminate, and the Tenant must deliver vacant possession of the Premises to the Landlord no later than 12:00 PM on [Termination Date].
4. Representations: The Landlord warrants that this notice is served in accordance with the notice periods prescribed by the Act for the specific breach cited.

4. DEFAULT, TERMINATION, AND REMEDIES

1. Cure Period: The Tenant is granted a period of [e.g., 14 days for non-payment, or as dictated by the Act] to rectify the Breach.
2. Failure to Remedy: Failure to remedy the Breach within the specified cure period shall constitute an event of default.
3. Remedies: Upon default, the Landlord shall be entitled to: a) Apply to the Residential Tenancy Dispute Resolution Service (RTDRS) or the Court for an Order of Possession. b) Pursue recovery of all outstanding arrears, including interest at a rate of [Percentage]% per annum. c) Recover costs incurred for legal fees, bailiff services, and cleaning or repair of the Premises, subject to the Act.

5. BOILERPLATE LEGAL PROVISIONS

1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein.
2. Dispute Resolution: Any dispute arising out of this notice shall be resolved exclusively through the RTDRS or the courts of competent jurisdiction in the Province of Alberta.
3. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
4. Entire Agreement: This document constitutes the entire notice regarding the specific breach cited herein and supersedes all prior communications.
5. Force Majeure: Neither party shall be liable for failure to perform due to causes beyond their reasonable control, excluding, for the avoidance of doubt, the Tenant’s financial obligations to pay rent.

6. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

LANDLORD:

[Landlord Name/Authorized Signatory] [Title] [Date]

TENANT:

[Tenant Name] [Title/Capacity, if applicable] [Date]

Receipt Acknowledged (if delivered by hand):

[Tenant Signature] [Date]