Quick answer. Alberta eliminated adverse possession through the Property Rights Statutes Amendment Act of 2022. There are no squatters' rights of any kind in Alberta in 2026, regardless of how long the squatter has occupied the property. Overholding tenants (tenants who remain past the end of the lease without landlord consent) and unauthorized occupants are not squatters in the strict sense; they are in breach of the tenancy agreement and are addressed through the Residential Tenancies Act framework. Calgary landlords cannot legally remove squatters or overholding tenants themselves. The lawful process is service of notice, RTDRS or court application, hearing, order, writ of possession, and sheriff-enforced removal. Self-help eviction (changing locks, removing belongings, cutting utilities) is illegal regardless of how clearly the occupant is in the wrong.
The 2022 End of Adverse Possession in Alberta
Before the Property Rights Statutes Amendment Act of 2022, a person could in some circumstances acquire legal ownership of private property in Alberta by openly and continuously occupying it for a defined period (commonly cited as 10 years) without the owner's consent or interruption. The doctrine was called adverse possession, and similar doctrines exist in other common-law jurisdictions worldwide.
The 2022 amendment eliminated adverse possession in Alberta. From the date of the amendment forward, no person can acquire legal title to private property in Alberta through any form of occupation, however long, without the owner's consent. For Calgary landlords, this is the clearest possible statement of the legal framework: squatters do not gain rights through occupation. The only path to defeat a Calgary owner's title is through proper RTA, contract, or court process.
The Three Categories of Unwanted Occupant
1. Overholding tenants
An overholding tenant is a tenant who remains in possession after the lease has ended. Under the RTA, if a fixed-term lease ends and the tenant does not vacate and a new agreement has not been signed, the tenancy converts automatically to periodic (month-to-month) unless the landlord has served notice to terminate. If the landlord has served notice to terminate and the tenant remains past the termination date, the tenant is overholding and in breach of the tenancy agreement.
Legal remedy for overholding tenants: file at RTDRS for a termination order and a monetary order for use and occupancy during the overholding period. The landlord may seek compensation at the rate of the previous rent or at market rent for the period of overholding.
2. Squatters (no prior tenancy)
A squatter is a person who occupies a property without the owner's consent and without ever having had a legal tenancy. Squatters typically appear in vacant properties (between tenants, during construction, on inherited property the new owner has not yet occupied). Since Alberta eliminated adverse possession in 2022, a squatter has no path to ownership regardless of how long they occupy the property.
Legal remedy for squatters: the relationship is governed by trespass law and property law rather than the RTA, since there is no tenancy. The owner can apply to the Court of King's Bench for a writ of possession and have the squatter removed by the sheriff. Police involvement at the time of discovery can sometimes resolve the matter without court process, particularly for short-term occupation.
3. Unauthorized occupants of a current tenancy
An unauthorized occupant is someone who lives in the rental unit but is not on the lease. This category includes long-staying guests, subtenants without landlord consent, and family members who moved in after the lease was signed. The relationship is governed by the RTA because there is a tenancy in place, but the unauthorized occupant has no independent right to remain.
Legal remedy: a 14-day notice for substantial breach under section 30 of the RTA targeting the lease violation of permitting unauthorized occupants. The cure is for the unauthorized occupant to leave; if the breach is not cured, RTDRS can terminate the tenancy.
Why Self-Help Eviction Fails Every Time
Calgary landlords sometimes assume that an obvious squatter or an egregious overholding tenant justifies skipping the process and simply changing the locks. The legal reality:
- Self-help eviction is illegal in Alberta regardless of the circumstances. The landlord who locks a tenant out exposes themselves to a tenant counterclaim that often exceeds the underlying claim.
- Removing the tenant's belongings is illegal. Belongings must be handled per RTA procedures even when the occupant is unwelcome.
- Cutting utilities is illegal and may also be a public safety violation depending on the season.
- Physical removal by the landlord is illegal. Only the sheriff under a writ of possession can lawfully remove an occupant.
Self-help eviction costs more than waiting for the proper process. Calgary landlords who attempt self-help eviction routinely end up paying the tenant compensation, regaining possession later than they would have through the proper process, and with damaged credibility for any subsequent RTDRS matter.
The Proper Process for Each Category
Overholding tenant process
- Confirm the termination notice was procedurally clean and properly served before the lease end.
- Document the date the overholding began.
- File at RTDRS for a termination order and a monetary order for use and occupancy during overholding.
- Attend the hearing with the lease, the termination notice, proof of service, and the rent ledger.
- If RTDRS orders termination and the tenant still does not vacate, file the order with the Court of King's Bench, obtain a writ of possession, and have the sheriff enforce removal.
Squatter process
- Confirm the occupant has no tenancy agreement with the owner.
- Call Calgary Police Service to attempt a same-day resolution; the police can sometimes facilitate departure for short-term squatting.
- If the occupation persists, retain an Alberta real estate lawyer and file an Originating Application or application for writ of possession at the Court of King's Bench.
- Once the court order issues, retain the Civil Enforcement Office to coordinate sheriff removal.
- Document the period of occupation and any property damage; civil recovery against the squatter is possible but often impractical.
Unauthorized occupant process
- Document the unauthorized occupant's presence (photographs, witness statements, dated communications).
- Serve a 14-day notice for substantial breach citing section 30 of the RTA and identifying the specific lease clause prohibiting unauthorized occupants.
- Give the tenant 14 clear days to cure the breach by removing the unauthorized occupant.
- If the breach is not cured, file at RTDRS for a termination order.
- Proceed through the standard RTDRS-to-sheriff path if the tenancy does not end voluntarily.
Recovering Damages from a Squatter or Overholder
A landlord who wins an RTDRS or court order may also recover damages for:
- Lost rent during the overholding period.
- Use and occupancy fees at the market rate for the period of squatting or unauthorized occupation.
- Property damage caused during the occupation.
- Locksmith and security costs after the property is regained.
- Cleaning, repair, and restoration costs to return the property to rentable condition.
- Court filing fees and reasonable enforcement costs.
Practical recovery from squatters is often limited because the squatter typically lacks assets or income that can be garnished. The judgment remains enforceable, and a registered judgment affects the squatter's credit, but collection is often partial at best.
Specific Calgary Scenarios
Inherited property with an occupant in place
Calgary owners who inherit a property with someone already living in it face a specific category of overholding scenario. If the occupant had a tenancy with the prior owner, the tenancy transfers to the new owner under the RTA and the new owner steps into the existing lease. If the occupant had no formal tenancy (a family member of the deceased, a long-staying houseguest), there is no tenancy to transfer and the situation is closer to squatting. Consult an Alberta estate and real estate lawyer to confirm the correct legal characterization before serving any notice.
Property purchased with sitting tenants and unauthorized occupants
A Calgary purchase that closes with both a lease tenant and one or more unauthorized additional occupants creates a complex situation. The new owner inherits the lease tenancy and the lease terms. Unauthorized additional occupants are addressed through a 14-day notice citing the lease breach. Document the situation as it exists on the day of closing.
Short-term squatter at a vacant property
A short-term squatter discovered at a vacant property between tenants is sometimes resolved through prompt Calgary Police Service involvement at the moment of discovery, particularly where the squatter has only been present a short time and is willing to leave. Where the squatter refuses to leave or has been present long enough to claim some form of right, the court application path is required.
Subletting without landlord consent
A tenant who sublets the unit without landlord consent has breached the lease. The sublessee has no direct tenancy relationship with the landlord. Serve a 14-day notice citing the breach (subletting without consent under the lease and the RTA framework), and the cure is for the unauthorized sublessee to vacate or for the landlord to consent to a formal assignment.
Prevention: How to Avoid Squatters and Overholders
- Never leave a Calgary rental vacant without secure locks, monitoring, and regular visits. Vacant properties are the most-common squatter targets.
- If a property will be vacant for an extended period (inheritance, sale preparation, renovation), arrange weekly inspections with a property manager or trusted contact.
- Lease termination notices should be served procedurally cleanly and well in advance of the expected vacancy date.
- For tenants approaching end of fixed-term where you do not intend to renew, confirm vacancy intentions early and serve appropriate notice.
- Use an annual or semi-annual inspection program to verify only authorized occupants are in the unit.
- Strong screening at the application stage reduces the likelihood of unauthorized occupant issues later.
Frequently Asked Questions
Are there squatters rights in Alberta in 2026?
No. Alberta eliminated adverse possession through the Property Rights Statutes Amendment Act of 2022. There is no path for a squatter to acquire ownership of private property in Alberta in 2026 regardless of how long they occupy it.
Can I remove a squatter myself in Calgary?
No. Self-help removal is illegal regardless of the legitimacy of the property owner's claim. The lawful path is police involvement at discovery, court application for a writ of possession if needed, and sheriff-enforced removal.
What is an overholding tenant in Alberta?
A tenant who remains in possession past the end of the lease or past a properly served termination date without the landlord's consent. Overholding tenants are addressed through RTDRS, not through trespass law.
Can a landlord collect rent from an overholding tenant?
Yes. RTDRS can order the overholding tenant to pay use and occupancy fees at the rent rate (or at market if higher) for the period of overholding. The monetary order is enforceable through standard collection mechanisms.
How long does it take to remove a squatter from a Calgary property?
Variable. Short-term squatting often resolves with same-day police involvement. Court-route removal through writ of possession and sheriff enforcement typically takes 4 to 12 weeks depending on court scheduling and complexity.
What is the difference between a squatter and a trespasser in Alberta?
Trespassing is the broader category of being on property without permission. Squatting specifically refers to ongoing occupation of property as if it were a residence. Both are addressed through property law rather than the RTA.
Can a long-staying guest become a legal tenant in Alberta?
Not automatically. The relationship between the landlord and the unauthorized occupant is not a tenancy unless the landlord has accepted rent or otherwise treated the person as a tenant. The original tenant remains the legal counterparty and bears responsibility under the lease.
What should I do first if I discover a squatter in my Calgary rental?
Photograph the situation, do not enter or confront the occupant alone, call Calgary Police Service non-emergency line to report, and contact an Alberta real estate lawyer for next steps. Avoid any action that could be characterized as self-help eviction.
Bottom Line
Calgary's 2026 legal framework leaves no doubt about ownership: adverse possession is eliminated, squatters have no rights regardless of how long they occupy, and overholding tenants are addressed through clear RTA processes. The path back to possession requires procedural discipline and patience, never self-help eviction. UrbanLease coordinates the legal process for owner-clients including RTDRS filings, evidence preparation, court process where required, and sheriff enforcement coordination as part of full-service management.