Landlord Regaining Possession

There might be occasions when other people besides the tenant are living at the property and the landlord no longer wishes them to be there. The other people may either be living with the tenant or living there after the tenant has abandoned the property.

To deal with these situations, the Residential Tenancies Act provides for a landlord to issue a Notice to Vacate to evict people other than tenants. A landlord can also request a court to issue an order for possession of premises. A Notice to Vacate can be used in two situations:

• where a tenant has abandoned rented premises and another person who was not a tenant continues to live in the property, or
• where another person is living with the tenant.

A landlord can also apply to court for an order of possession if the Notice to Vacate is not complied with.

May 2005