No Rental Agreement Eviction in Alberta: What You Need to Know
If you are renting a property in Alberta and there is no written rental agreement in place, you may be wondering what your rights are as a tenant. In Alberta, a rental agreement is not required by law for a tenancy to exist. However, it is always advisable to have a written rental agreement in place to avoid potential legal disputes and misunderstandings.
Even if there is no written rental agreement in place, the landlord-tenant relationship is governed by the Residential Tenancies Act (RTA) and the common law. The RTA sets out the rights and obligations of both landlords and tenants, and it applies to all tenancies in Alberta, whether there is a written agreement or not.
Eviction Without a Rental Agreement
If you are living in a rental property with no written rental agreement, you are still entitled to the same protection under the law as a tenant with a rental agreement. This means that your landlord cannot evict you without sufficient cause, and there are specific procedures that must be followed before an eviction can occur.
Under the RTA, a landlord can only terminate a tenancy for specific reasons, such as non-payment of rent, damage to the property, or illegal activities taking place on the premises. If a landlord wishes to evict a tenant for any of these reasons, they must give the tenant written notice and follow the procedures set out in the RTA.
If a tenant has occupied a rental property for more than three months, the landlord must give the tenant a notice of termination that provides at least 90 days` notice before the termination date. The notice must state the reason for the eviction and must be signed by the landlord or their agent.
If a tenant has not occupied the rental property for more than three months, the landlord can terminate the tenancy with 24 hours` written notice if the tenant has breached the RTA or the rental agreement (if there is one).
Dispute Resolution
If a landlord wishes to terminate a tenancy without sufficient cause, the tenant has the right to dispute the eviction through the Residential Tenancy Dispute Resolution Service (RTDRS). The RTDRS is a government agency that provides mediation and arbitration services to resolve disputes between landlords and tenants.
If the landlord has given the tenant notice of termination, the tenant can apply to the RTDRS to dispute the eviction within 14 days of receiving the notice. The RTDRS will schedule a hearing, and both parties will have the opportunity to present evidence and arguments to support their case.
Conclusion
In Alberta, a written rental agreement is not required for a tenancy to exist. However, all landlord-tenant relationships are governed by the Residential Tenancies Act, which sets out the rights and obligations of both parties. If a landlord wishes to evict a tenant without a rental agreement, they must follow the procedures set out in the RTA and provide the tenant with written notice of termination. If the tenant wishes to dispute the eviction, they can do so through the Residential Tenancy Dispute Resolution Service.