Hometime

Hometime · Alberta legislation

SS Houses with a Secondary Suite

SS · Condominium Property Act

55 Application for order to give up possession

Current to 2026-05-14 · Official PDF

(1) If a tenant is given notice under section 54(1) and does not
give up possession, the corporation or the landlord may apply to
the Court for an order requiring the tenant to give up possession of
the unit.
(2) An application under this section shall be served on the tenant
and the tenant's landlord not less than 3 days, exclusive of holidays
and Saturdays, before the day scheduled for the hearing of the
application.
(3) The application of the corporation shall be supported by an
affidavit
(a) establishing service of the no tice under section 54 to give up
possession,
(b) stating the reasons for giving the tenant a notice to give up
possession,
(c) stating the failure of the tenant to give up possession and the
reasons given, if any, for that failure, and
(d) stating any other relevant facts.
(4) On hearing the application, the Court may order the tenant to
give up possession of the unit by a date specified in the order and
make any other order that it considers proper in the circumstances.
(5) If the corporation is granted an order under subsection (4), it
shall serve a copy of that order on the landlord.
RSA 2000 cC-22 s55;2009 c53 s40