What to do if tenants do not pay rent?

Late or non-payment of rent is one of the most stressful situations for a landlord. In Calgary, Alberta law clearly regulates the procedures for resolving such conflicts, but in practice, each case has its own nuances related to the tenant's personal circumstances, the terms of the lease, and local practices in residential relations. This article provides a step-by-step guide on how landlords can minimize financial losses, protect their legal rights, and maintain professional relationships with their tenants.

1. Analyze the reasons for the delay

Before resorting to formal procedures, you should first find out why the tenant is not paying:

  • Delayed salary payments or late transfers from the employer.

  • Temporary family or medical expenses that have hit the budget.

  • Technical problems with a bank card or online banking.

  • Misinterpretation of the terms of the contract (e.g., unexpected utility bills that the tenant did not take into account).

Once the reason has been identified, the landlord can offer a solution — from postponing the payment date to partial payments in installments, by drawing up a simple memorandum of understanding with clear dates and amounts.

2. Friendly communication and a repayment plan

It is often enough to simply call or meet with the tenant in person to clarify the situation and agree on a debt restructuring plan:

  1. Offer an installment plan: for example, divide the amount owed into 2–3 installments over the next month.
  2. Set clear dates and amounts for each payment.
  3. Put the agreement in writing (by email or text message) so that you have confirmation of both parties' consent.

This approach shows the tenant that you are flexible and willing to help, while also putting the commitment in writing.

3. Formal warning in accordance with the Residential Tenancies Act

If friendly discussions have not worked, it is time to formalize the claim:

  • Send a written warning of non-payment, stating:

  • The total amount owed.

  • The date by which the debt must be paid (usually 14 days).

  • Consequences of non-payment: referral to RTDRS and court.

  • Use a recommended postal service or registered email with delivery confirmation.

  • Keep copies of receipts and correspondence — this will serve as evidence in case of further proceedings.

4. Contact the Residential Tenancy Dispute Resolution Service (RTDRS)

If the tenant ignores the formal warning, the landlord has the right to contact the RTDRS:

  1. Prepare a package of documents:
  • A copy of the lease agreement.
  • Copies of all warnings and proof of their delivery.
  • A statement of the amount owed with dates.
  1. Complete the online application on the Alberta Courts website and pay the administrative fee.
  2. Wait for a hearing date to be set (usually within 2–4 weeks).
  3. During the hearing, briefly state the circumstances and provide copies of evidence.
  4. Obtain the RTDRS decision, which is binding.

Advantages of RTDRS

  • Low cost compared to court.
  • Flexible hearing schedule, video conferencing available.
  • Quick decision (usually within 1–2 months).

5. Court enforcement and writ of execution

If the RTDRS rules in favor of the landlord but the tenant still does not pay:

  1. File a claim with the Alberta Provincial Court for debt collection and eviction.
  2. Prepare a complete package of evidence:
  • The lease agreement, warnings, and the RTDRS decision.
  • Photos and videos of the condition of the property.
  • Proof of utility bills and repair costs (if applicable).
  1. Once the court issues an order, you will receive a Writ of Enforcement.

6. Forced eviction by a sheriff or private enforcement agent

Self-eviction is prohibited by law. After receiving the writ of enforcement:

  • Contact the Alberta Sheriff or a licensed private enforcement agent.
  • Agree on a date and time for enforcement.
  • The enforcement agent will officially notify the tenant and organize the eviction procedure.

This format ensures that the landlord's rights are enforced within the law, without the risk of criminal charges.

7. Protection of privacy and personal data

At all stages, the protection of the tenant's personal data must be a priority:

  • Use information (passport details, financial documents) only to resolve the dispute.
  • Do not share copies with third parties without official permission.
  • Once the dispute is resolved, destroy any extra documents in line with your data protection policy.

8. Preventing late payments: the contract and daily practice

To minimize risks from the outset, the lease agreement should include:

  • Clear deadlines for rent payments and penalties for late payments (e.g., 2–5% of the monthly amount for each day of delay).
  • The procedure for notifying of delays and discussing a payment plan.
  • Use of automated reminders (email, SMS) 5–7 days before the rent is due.

Regular reminders and transparent terms help tenants plan their budget and reduce the likelihood of non-payment.

9. Emotional component and professional approach

Relationships with tenants should not be reduced to legal formalities:

  • Remain calm and polite when communicating, even when discussing debt.

  • Listen to the tenant — sometimes emotional support and understanding can help resolve the issue more quickly.

  • Use standard letter and message templates to avoid hasty mistakes in wording.

Conclusion

Resolving rent payment issues requires a balanced strategy: from friendly communication and installment plans to formal procedures through RTDRS and the courts. A well-drafted lease agreement, clear terms, timely reminders, and a professional approach will help you keep your income stable, protect your legal rights, and maintain your reputation as a reliable landlord in Calgary.