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Apply for Possession of Property
A landlord can apply for possession of the property when:
A landlord can serve a tenant with notice to leave the rental property. There are different kinds of notices that a landlord can serve:
If you do not move out by the date given in the notice the landlord can apply to court for an order for possession of the property.
Procedure in Applying for Possession
The landlord must file an affidavit giving full details of the termination of the tenancy or occupation and the reason that the tenant has not left, if known. The affidavit and the notice of the application must be appropriately served on you as the tenant. Usually, the landlord must serve the tenant with an application at least three days before the hearing date, but the landlord can ask for special permission from the court or RTDRS to shorten this time.
You have the right to file your own affidavit, stating why you believe you should not have to leave the property. A judge or tenancy dispute officer will decide whether or not to grant the order of possession based on the evidence that has been presented by you and the landlord.
The Order for Possession
There are different kinds of orders of possession:
A landlord can also ask the court for damages resulting from your failure to leave the premises:
Eviction if Tenant Does Not Leave Premises
The end result of all of the different kinds of possession orders is that if you do not leave the property, then the landlord can instruct a Civil Enforcement Agency to evict you. Civil Enforcement Agencies are regulated by the Office of the Sheriff. The Sheriff's Office appoints the bailiffs who carry out the enforcement procedures. The landlord will have to provide the agency with all relevant documents including the order for possession, the tenancy agreement, and the fee required. The eviction can only occur between 6 a.m. and 10 p.m. The enforcement agency might have the police present during an eviction if there is a fear of a breach of the peace. The agency may also contact social services if there is a possibility that a tenant will be homeless as a result of the eviction.
Service Alberta has developed an information booklet about the process for recovering possession that you may want to review.
Other websites of the Centre for Public Legal Education Alberta:
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