An Order to Recover Possession Where Person Living in Premises After Tenancy Abandoned
If the person who is living in the premises after a tenant has abandoned the place does not comply with the Notice to Vacate, a landlord can apply to court to formally end the tenancy and ask for an order for possession of the premises.
When applying to court for an order for possession, the landlord must file an affidavit with the court that sets out
- the date the tenancy ended or was abandoned by the tenant.;
- a copy of the notice to vacate, with details of the time, date and how it was served; and
- the reason the person has not left the property, if known.
Before the court grants the order, it must be sure that the person living in the property is not legally a tenant. If the person living in the property is a tenant, then a short period of notice such as 14 days would not be appropriate to end the tenancy. The court would ascertain whether the person was legally a tenant by making inquiries of the landlord when the order for possession is requested.
A court can grant an order for possession that will direct a person living in the property to give up possession to the landlord by a specific date. The order will state that if it is not obeyed by the specified date, a Writ of Possession will be issued without further notice. An order for possession can be requested from Provincial Court or the Court of Queen’s Bench.
May 2005