If you were struggling to pay rent, how would you feel if you received an eviction notice via text message?
Well, you might not have to wonder thanks to the UCP government’s latest proposal, led by Minister of Service Alberta and Red Tape Reduction, Dale Nally.
Nally is a bit of a hot topic. Last month, Nally tabled Bill 38, which aims to reduce how frequently youth deaths in government care are reported and change the age at which investigations are mandatory.
Nally’s latest proposal is one of many changes in Alberta’s Red Tape Reduction Statutes Amendment Act.
Right now, landlords must serve documents personally, through registered mail, by posting an obvious notice on the property, or via fax if all other methods are unavailable.
Landlords are held to this standard by the Residential Tenancies Act, which sets the “minimum standards of conduct for both landlords and tenants.”
Thankfully, Dally isn’t proposing that electronic services replace the current requirements set by the Residential Tenancies Act.
“Electronic service like email will only be permitted as an alternative when these traditional methods have proven ineffective,” said Nally during a press conference.
There is no list of permitted electronic services. The proposed law would be intentionally vague so that new methods of communication can be added in the future.
What is most important is that the method used has a date stamp or read receipt.
“Email is the most common method, but social media or text messages could also work, as long as the recipient agreed to them and other methods have failed,” said Brandon Aboultaif, Nally’s press secretary.
If a tenant disputes the service used to notify them of an eviction notice, the courts or the Residential Tenancy Dispute Resolution Service will decide whether the service was valid or not.
For example, if a tenant receives an eviction notice through a social media platform like Snapchat, they could argue that they never received it because the app automatically deletes messages.
Mixed Feelings
Albertans are on the fence about the UCP’s proposed changes to the Residential Tenancies Act. On the one hand, serving tenants an eviction notice via text might be considered a little too informal.
Nothing says “We care about you!” like a text message telling you to get out. On the other hand, it would be a safe alternative for landlords who are dealing with an unresponsive or potentially aggressive tenant.
There’s also the possibility that tenants are more likely to respond to an email versus something like fax or physical mail.
Others argue that the change is unnecessary.
“I fail to see how registered mail requiring a signature is not sufficient. Either the recipient signs for it or refuses to collect it. Outside of mail strikes, this seems sufficiently reliable given the agreement is for a fixed address. But if the courts won’t accept multiple registered letter attempts as grounds for avoidance, a sent email won’t improve the proof of delivery,” wrote one user on the Alberta subreddit.
Sure, making it easier for landlords to serve eviction notices is great and all, but maybe we should address the elephant in the room.
Almost one-third of Canadians rent, with 80 percent being between 25-29 years old. In Alberta, many of these young people can’t afford to pay rent.
This time last year, our province’s average rent price grew by 20 percent, the highest in the country. As of October 2024, the average rent price in Alberta was $1,511.
Last year, the UCP voted against the NDP’s Bill 205, which proposed a four-year cap on rent increases in the first two years, after which rent increases would be tied to inflation.
Bill 205 would also require minimum housing builds, holding the provincial government accountable for building more housing.
There is more demand for housing in Alberta than there is supply. In April 2024, our province’s housing gap was between 130,000 to 170,000 units, one of the largest gaps in the country.
Bill 205 wasn’t a perfect solution, but it would have helped renters stay afloat until more housing was available.
The UCP voted against Bill 205, choosing to instead build 25,000 affordable housing units over 10 years, or 2,500 houses per year.
From July 1, 2023, to July 1, 2024, our province’s population grew by roughly 204,000, or 4.4 percent. The UCP’s plan isn’t enough. Not by a long shot.
At this rate, renters won’t be able to pay their rent, let alone afford a house. Is reducing red tape around eviction notices really in the best interest of Albertans or just landlords?
