A landlord cannot regain possession unless:
- the tenant leaves on their own; or
- a sheriff from the Court of Queen’s Bench removes the tenant.
The landlord may apply to the Office of Residential Tenancies (ORT) for an order for possession directing a sheriff to remove the tenant. The sheriff is the only person with authority to physically remove a tenant. If anyone else tries to force any person from the place where they live, call the police. If the person being forced out is a tenant, police will restore the status quo and direct the landlord to the ORT.
A landlord may give proper notice to end a tenancy for any of the reasons allowed by The Residential Tenancies Act, 2006. The notice period is one month for most types of evictions, and two months for others, such as eviction for renovation or demolition. Please see the specific sections on this page and in the Act for details. The landlord must state the reason for eviction on the Notice to Vacate. Except for Form 7, the Notice to Vacate includes a dispute notice for the tenant to dispute the reason for eviction. If the eviction is disputed by the tenant within 15 days, and the landlord wants to pursue eviction, the landlord must apply for an order for possession using the Application for Claim under The Residential Tenancies Act, 2006 and prove their grounds for eviction at a hearing before a hearing officer.
The landlord may also apply for an order for possession if a tenant has given notice to end the tenancy or the term of a fixed-term tenancy is ending and the landlord wishes to ensure that the tenant leaves.
The sheriff will physically evict the tenant if necessary to enforce the order. The sheriff may ask for police assistance if needed.