CALGARY PROPERTY MANAGERS

Eviction should be the absolute last resort when dealing with problematic situations concerning landlords and tenants.  Unfortunately, from time-to-time the need will arise and you may want to note our thoughts on the topic. You may also want to read our article: Difficult Conversations Between Tenants and Landlords before you take any significant steps towards eviction.

If you need to evict a tenant our first piece of advice is simple:  don’t hire a lawyer.  More often than not they will overcharge you to complete tasks you can easily do yourself.  This is also where their new, inexperienced, lawyers get a start - so you won’t be dealing with an experienced  practitioner so much as a well educated newbie. 

With this info firmly grounded in our head here are some practical eviction steps that your lawyer would likely charge $3000 - $3500 to complete, but that you can complete at a minimum cost to yourself.

1. Provide a clear and concise written notice to the tenant in a timely manner.  This letter will explain what is expected of the tenant.  “Pay by the 15th or leave by the 20th” for example. This document needn’t be full of legal-ease.  It must only communicate the basic facts in clear and concise terms.  You may benefit from referencing specific terms of your lease agreement.  This letter is imperative as it outlines repercussions and it creates a good set of chronological history related to the tenancy.
2. Under most tenancy legislation, the notice itself will terminate the tenancy or grant you the right to collect the money owing. 
3. This does not mean that the tenant will pay!
4. If the tenant still refuses to take the mandated action the next step is going to court. 
5. Step 4 is not as bad as it seems.  If you are organized with good written records including a copy of your signed lease and written notice you should have no trouble at this stage.  Just go to your local court house to file an application to go before a judge who has the power to issue a court order enforcing the terms of the written notice.
6. Show up to court at the specified time wearing your professional clothing and be ready with a well prepared summary of events.  DO NOT COME with an axe to grind about “he said” “she said.”  If you tried a mediated discussion between the tenant and yourself you would do well to point this out.  The judge is well within in his right to send you to mediation anyways, so if you’ve already done this step you may get a quicker settlement.
7. Since you chose not to use a lawyer you may even expect some leniency from the judge, who will likely recognize that you are nervous and would rather not be evicting the tenant.
8. Once you have obtained your judgment, you may be required to contact a civil enforcement agency to evict the tenant. Licensed firms can easily be found in the phone book, hiring one of these firms is well worth the effort.

We hope you never have to evict a tenant, but if you do these rules should help you navigate this tricky water.