What Can a Property Owner Do if a Renter Won’t Leave?
Some owners find themselves in a nerve-racking spot when a renter remains on the property past the date they were told to move. Bills pile up, and the owner may feel helpless. It’s a tough position, but knowing the proper steps can bring some peace of mind.
The Answer
In most of Canada, a property owner needs official permission before forcing a renter to go. When the rental term has ended, or when the renter has received valid notice but stays anyway, the owner must ask a board or tribunal for an order that confirms they have a right to regain the residence. Attempting to remove the occupant without that order can cause legal trouble. In the United States, the specifics vary by state, but the principle is similar: owners who try self-help moves might face claims for damages.
Key Considerations
- Notice Requirements
Every province has rules on how to serve a notice. Some demand that the owner specify the reason for ending the tenancy, along with the exact date the occupant ought to depart. If any required details are missing, the eviction effort might fail. Certain U.S. states mandate warnings or grace periods before the court filing. Failure to follow these guidelines usually leads to delays or outright dismissal. - Reason for Ending the Tenancy
An owner could decide to end it for non-payment, major property damage, or their own need to occupy the home. They might also intend to do major repairs that require the unit to be vacant. Regardless of the motive, the occupant can dispute the notice, and boards tend to check if the owner is using the rule honestly. If there’s fraud or a hidden aim, the occupant may stay. Owners in certain American regions have more freedom to end rentals, but they still must obey local statutes. - Strict Timelines
In Canada, if the occupant challenges the notice, a hearing is scheduled. The owner is responsible for filing all papers on time. Missing a deadline can drag the process out, leaving the occupant in place longer. The same idea holds in the United States: owners who fail to submit documents properly might have to start anew. Good recordkeeping—like lease copies, rent receipts, and written warnings—is key. - No Self-Help Evictions
Changing locks, cutting power, or taking the occupant’s belongings puts the owner at risk for legal penalties. The law in many provinces and states forbids such approaches. If an occupant is forced out without proper steps, they may sue for compensation or lodge a complaint. This can come as a surprise to owners who see the occupant ignoring repeated instructions to leave. Even so, the legal route is the only acceptable path. - Rights of the Renter
Occupants have ways to oppose a forced removal. For instance, if they settle overdue rent promptly, provincial boards may halt the eviction. Or if they argue the notice was invalid, the board might rule in their favour. In some American courts, an occupant can claim serious owner misconduct, like poor unit maintenance or harassment, which might reduce or eliminate liability.
Legal Remedies
- Formal Possession Order
An owner in British Columbia can pursue an Order of Possession via the Residential Tenancy Branch if the occupant will not move. Once that order is granted, the owner can ask a court bailiff to enforce it. Ontario has a similar method through the Landlord and Tenant Board, whose officers direct the sheriff to carry out an approved eviction. American owners follow state-specific procedures, often starting an “unlawful detainer” lawsuit at a local courthouse. - Court or Board Proceedings
Owners usually file an application or lawsuit outlining how the occupant breached the agreement or overstayed. A hearing date is then set. If the decision goes in the owner’s favour, the occupant must vacate by the deadline. Should they ignore the order, authorities like bailiffs or sheriffs may remove them. - Claiming Unpaid Rent
Occupants who stay beyond the lease date and skip rent may owe the owner money. An owner might ask for payment of those sums through the same hearing process or in a separate action. Boards and courts can order them to settle what they owe, plus possible legal costs.
What to Do Next
- Check Local Legislation
Each province has its own rules. For instance, British Columbia uses the Residential Tenancy Act, SBC 2002, c 78, while Ontario follows its Residential Tenancies Act, 2006, S.O. 2006, c. 17. Across the border, states have unique laws that govern the eviction process. Read the relevant statutes, or contact a rental board for official guidance. - Gather Records
Keep copies of the lease, proof of rent payments, and any prior warnings. Store text messages and emails that show you gave the occupant the chance to fix any breaches. This collection of documents helps support your claim if you need a hearing. - File an Application or Suit
If the renter won’t budge, apply to the proper board or court. In Canada, that usually means a housing tribunal or board. In the U.S., you typically file in local court. Follow all instructions about notices, forms, or fees. - Stay Organized
It may take multiple weeks or even months for an application to move ahead, so plan accordingly. Avoid random acts that could jeopardize your case, like changing locks or harassing the occupant. Let the legal process work, even if it seems slow. - Consult a Lawyer or Advocate
Owners new to these issues might hire a lawyer or paralegal. Legal professionals understand time limits and can handle official paperwork. Sometimes, landlord associations offer resources that help owners who can’t afford private counsel.
Final Thoughts
Removing a renter who stays without approval can feel complicated. The law protects occupants from abrupt removal, but it also provides owners with a path to regain their property. By serving correct notices, filing documents on schedule, and getting an enforceable order, you can get past this obstacle without breaking any rules. Even though it may be frustrating, patience and solid evidence are the best methods to reclaim what’s yours.