For an overview of the Residential Tenancies Act process, view this flowchart.
If you are the applicant and the judge decides in your favour, the decision will be made into a written order. If you have a lawyer or an agent, he or she will have prepared an order for the judge to sign. If you do not have a lawyer or an agent, the court office will prepare the written order for you after the hearing.
Filing the order
You must file your Provincial Court order in Court of Queen’s Bench before it takes effect. The procedure for filing the order in Court of Queen’s Bench vary from court to court. Court staff will tell you about the right procedure when they give you the written order.
Serving the order
Once you have filed the order in Court of Queen’s Bench, you must serve it on the other party in the manner provided in the Residential Tenancies Act section 57 (Mobile Home Sites Tenancies Act section 60) or in the manner directed by the court in the order
Enforcing the order
This kind of judgment requires the other person to pay money to you, and the order may be enforced in the same manner as any judgment for money. Please see Part II of Commencing a Claim in Provincial Court Civil and Getting and Enforcing Your Judgment in Alberta for information on enforcing money judgments.
This kind of judgment requires the tenant to give you possession of the premises by a certain date or within a certain number of days after the order was served. In most cases, the tenant will comply with the order.
If the court grants a conditional order, the order will contain a clause setting out the number of days after the default the landlord must serve the Notice of Default on the tenant. As well, the court will set the number of hours the tenant has to vacate the premises.
A Notice of Default form can be obtained from the Alberta Courts website or from a civil court office.
If the tenant does not vacate the premises the landlord will make arrangements and pay a civil enforcement agency to enforce the order.