Alberta 14 Day Eviction Notice: Breach Grounds, Curative Clause and Clear Days

When the 14-Day Notice Applies

Under Section 29 of Alberta's Residential Tenancies Act, a landlord can serve a 14-clear-day notice to terminate any tenancy — fixed-term or periodic — when the tenant has committed a substantial breach. This covers two broad categories:

Non-payment of rent — The tenant has failed to pay rent when due. This is the most common trigger.

Other substantial breaches — A violation of a material term of the lease or a core statutory obligation under Section 21 of the RTA. Examples include three or more late rent payments within 12 months, unauthorized pets, or persistent noise complaints. Unauthorized occupants have a separate notice process under Section 33, with notice served on the unauthorized occupant.

Both use the same 14-clear-day timeline, but the non-payment notice has one additional requirement that catches many landlords off guard.

The Curative Clause: Mandatory for Non-Payment

When serving a 14-day notice for unpaid rent, the notice must include a curative clause. This is a statement explicitly telling the tenant that the notice will become void and the tenancy will continue if they pay the rent due and any overdue rent payments on or before the specified termination date.

This isn't optional. Omitting the curative clause invalidates the entire notice. If you serve a 14-day non-payment notice without this clause and the tenant challenges it at the RTDRS, the notice will be thrown out.

The clause works exactly as described: if the tenant pays everything owed before the termination date, the notice dies and the tenancy continues as though nothing happened.

How to Count 14 Clear Days

"Clear days" is a statutory term under Alberta's Interpretation Act. It means:

• Exclude the day the notice is served
• Exclude the termination date itself
• Count 14 full calendar days in between (including weekends and statutory holidays)

In practice, this means the earliest valid termination date is 15 calendar days after the day of service.

Example: You serve the notice on October 3. Day 1 of the count is October 4. Day 14 is October 17. The earliest lawful termination date on the notice is October 18. If you write October 17, you've given 13 clear days, and the notice is invalid.

This is not a technicality — it's one of the most common grounds for RTDRS dismissal.

What the Notice Must Contain

Every 14-day notice must be in writing and include:

1. The full legal street address and unit number
2. The termination date
3. The specific breach and supporting facts; for unpaid rent, state the rent due as of the notice date and any additional rent that may become due during the notice period
4. For clarity, a reference to the applicable RTA section (Section 29)
5. The curative clause (non-payment notices only)
6. The landlord's signature and date

Vague allegations don't survive a challenge. "The tenant has been disruptive" won't hold up. "The tenant violated Clause 12 of the lease agreement by keeping two dogs on the premises without written authorization, confirmed by inspection on September 15, 2026" is what the RTDRS expects.

The Tenant's Right to Object

For substantial breach notices (not non-payment), Section 29(4) gives the tenant the right to serve a written Notice of Objection on the landlord before the 14-day period expires. If they do, the notice is instantly voided — the tenant does not have to leave, and you cannot treat the tenancy as terminated.

Your only option at that point is to file an application with the RTDRS (Form RTDR0007; $75 for claims up to $7,500 or $150 for claims over $7,500), where a Tenancy Dispute Officer will hear evidence from both sides.

Non-payment notices don't trigger the objection right. But the tenant can still cure the notice by paying everything owed, or dispute the arrears calculation at the RTDRS.

What Comes After the 14 Days

If the tenant doesn't pay (for non-payment notices), doesn't object (for breach notices), and doesn't leave, you still cannot remove them yourself. Self-help evictions — changing locks, cutting utilities, or seizing belongings — are illegal and carry administrative penalties up to $5,000.

You must file with the RTDRS or the Alberta Court of Justice, obtain a possession order, register it with the Court of King's Bench to get a Writ of Possession, and then hire a licensed Civil Enforcement Agency to execute the physical eviction.

For the full process including notice templates, a service log, and the RTDRS application workflow, get the Alberta ending a tenancy guide.

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