Residential Eviction and Debt Recovery Services
If you have a tenant with rental arrears you have the option to either seize the tenant’s personal property to recover the arrears or to proceed with eviction. You cannot seize against your tenant after the tenancy has been terminated, so it is important for you to determine in advance which course of action is most appropriate for your tenant's circumstances. Our extensive expertise can help you with these important decisions.
Preparation and Service of Warning Notices
Typically, a warning notice is served when a tenant is in breach of a contractual obligation noted in your tenancy agreement. The most common contractual breaches of a tenancy agreement would include:
- Failure to maintain in reasonably clean conditions
- Failure to maintain landscaping resulting in a safety hazard
- Failure to dispose of cigarettes in a safe and appropriate manner
- Failure to dispose of garbage in a safe and appropriate manner
- Unauthorized Occupants in the premises
- Unauthorized pets in the premises
- Unauthorized smoking in the premises
In most circumstances the above noted actions would only be deemed a legislative substantial breach under the Residential Tenancies Act of Alberta after a warning notice has been served on the tenants and they have either failed to remedy the situation, or there has been a further occurrence. As such, it is imperative that you have a well written warning notice to present in court should you need to proceed with eviction at a later date.
Download Forms PackagePreparation and Service of Notices for Substantial Breach
Section 21 of the Residential Tenancies Act of Alberta notes the following legislative substantial breaches which are grounds for termination of a tenancy agreement.
- 21(a) Failure to pay rent when rent is due
- 21(b) Interference with the rights of the landlord or other tenant(s)
- 21(c) Performing illegal acts in the premises
- 21(d) Endangering other persons or property in premises
- 21(e) Doing or permitting significant damage to the premises
- 21(f) Failing to maintain the premises in a reasonably clean condition
- 21(g) Failing to vacate the premises at the expiration/termination of the tenancy
In order for this notice to be valid it must meet the strict requirements and guidelines as laid out in the Residential Tenancies Act of Alberta. An improperly prepared or served notice can significantly delay the eviction process and result in additional costs incurred by landlord.
Residential Tenancy Dispute Resolution Service (RTDRS) Court Hearing Representation
The only way to force a tenant to vacate in the province of Alberta is by obtaining a court order. Once a tenant is found in breach of section 21 of the Residential Tenancies Act of Alberta, a court application may be filed for termination of the tenancy and recovery of money owed to the landlord. These applications are most commonly filed with Alberta’s landlord and tenant court also known as the Residential Tenancy Dispute Resolution Service (RTDRS). Many landlords find the court process to be a daunting, unfamiliar and time consuming. Consolidated can manage the entire court process on behalf of the landlord for a fraction of the cost they would pay for a lawyer.
Consolidated Civil Enforcement acts as an agent for the landlord during these matters and handles the entire court process for our clients. Our in-house eviction specialists have represented landlords in thousands of RTDRS hearings and are here to help with all aspects of the RTDRS claim, from start to finish.
Once we have obtained a court order for you, our staff will diarize our system to follow up with you on each and every term/requirement of the order to ensure the tenant(s) follow through on their obligations and to ensure an important deadline is not missed or overlooked.
Consolidated Civil Enforcement is also extensively trained in handling complex damage claims and defense/counter claims to tenant applications against landlords.
For additional details regarding the evidence and documentation required for a successful termination claim, please contact our office.
Court Order Enforcement / Bailiff Eviction
Once an Order for Possession is obtained, our Civil Enforcement Bailiffs may proceed to enforce said order and remove your tenants from the rental premises. These court orders grant us, as a Civil Enforcement agency, the authority to evict your tenants from the rental premises. Each court order will include a statement to the effect that, “A Civil Enforcement Agency has authority to evict all occupants of the rental premises after the Order is filed at Court of King's Bench and served on the tenants”.
As residential evictions are deemed a civil matter in Alberta, only a civil enforcement bailiff may enforce a residential eviction order. The police and RCMP do not have authority to enforce an order to evict residential tenants.
Before our bailiff can enforce the order and remove your tenant(s) we have an obligation to ensure all documentation is in order.
If you have a Conditional Order we will need a copy of the:
- Filed court order (This must be filed at Court of King's Bench of Alberta)
- Filed Affidavit of Service noting that the Filed Order was served on the tenant(s) (This must be filed at Court of King's Bench of Alberta)
- A copy of the Notice of Default which was served on the tenants
If you have an Unconditional Order we will need a copy of the:
- Filed court order (This must be filed at Court of King's Bench of Alberta)
- Filed Affidavit of Service noting that the filed order was served on the tenant(s) (This must be filed at Court of King's Bench of Alberta)
As Alberta's largest Civil Enforcement Agency we are proud to have the best bailiff coverage in Alberta and the best trained bailiffs across the province. A Consolidated bailiff will proceed with enforcement of your order by evicting the tenant(s), obtaining vacant possession of the premises and overseeing the lock change.
Debt Recovery Options to Residential Landlords
If you have evicted your tenant(s) through the court process your court order may grant you judgment for unpaid rent. If you have taken your tenant(s) to court for damages the courts would have also granted you a court order noting a judgment for the damages.
In Alberta you have many options to pursue the debt and your judgment is good for 10 years from the date when the judgment was granted. The judgment may also be extended beyond the 10 years by making an application to the courts. Consolidated Civil Enforcement and our sister company Consolidated Recovery Systems are proud to offer a wide range of recovery options to recover the debt.
Writ of Enforcement Registration and Filing
Before you can take action to enforce your judgment, your order must be filed at Court of King's Bench and then a Writ of Enforcement must be prepared, filed at Court of King's Bench, and registered at Personal Property Registry. You can take care of this on your own or we can do the work on your behalf.
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Writ of Enforcement Seizure
One of our Civil Enforcement bailiffs can attend to enforce your Writ of Enforcement and seize personal property belonging to the debtor/tenants. You would need to know where the tenant’s personal property is located and have a clear understanding of the items you are wishing for us to seize.
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Garnishment of Wages
If your tenant has steady employment and you know where they are employed, we can assist with filing a garnishee summons to garnish the tenant’s employment earnings under your Writ of Enforcement.
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Garnishment of Bank Accounts
If you have your tenants banking information including their home branch, we can assist with filing a garnishee summons against their bank account under your Writ of Enforcement.
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Sale of Land
As your judgment is valid for 10 years, your tenant may purchase real estate during those 10 years. If your tenant(s) purchases real estate while your judgment is still valid, Consolidated Civil Enforcement can conduct a sale of land proceeding against your tenant and force sale of their real estate under your Writ of Enforcement.
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Collections
Our sister company Consolidated Recovery Systems (CRS) assists our clients with collections. Please visit the Consolidated Recovery Systems website for further information.
Consolidated Recovery Systems – Collections
Skip Trace/Tenant Locates
Our sister company Consolidated Recovery Systems (CRS) assists our clients with locating a tenant's current home address. Please visit the Consolidated Recovery Systems website for further information.
Consolidated Recovery Systems – Locate
Residential Landlord's Distress Seizure
If your tenant is in arrears of rent and you have not already terminated the tenancy agreement, Consolidated can seize the tenant’s personal property to recover the rental arrears from your tenant. The following information package is for residential landlords.
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