Frequent Questions

1.  How long does the process take?

It is best to act quickly once a tenant is in arrears, or is in unlawful occupation.  There are many reasons for this: 

  • “Last resort” mindset:  the landlord has opted for an eviction application as a last resort, and as such, the battle with the tenant has been ongoing for a long time already by the time the process is even launched.  The tenant is also complacent by that time.
  • Systemic delays:  certain Courts are more burdened than others so there may be waiting periods to get court dates that our out of your attorney’s hands
  • Service:  residential eviction applications must be served personally, which can take time.  The Sheriff’s have a lot of work, so attorneys must budget adequate time for service.

The process may take approximately 2 months to get an order, this may vary on a case by case basis.

2.  What can I do to get my lost rental back?

A landlord must issue Summons to claim any arrear rental and damages.  This may be a separate action from your eviction application.

3. When can I arrange for a new tenant to move in?

It is advisable not to give a new tenant an occupation date until your Eviction Order has been granted. 

4. I have now paid all of the outstanding rental - can I stay on at the premises?

Maybe.  The landlord may agree to a settlement wherein you pay all the outstanding monies owed and he will agree to enter into a new lease with you, but the landlord is not obliged to.  The landlord may not agree to settle and may insist on proceeding with the eviction application.

5. What non-legal routes are available to me to evict a tenant?  e.g. Can I cut off municipal services to incentivize a tenant to vacate?

No, the only way to lawfully evict a tenant, residential or commercial, is with a Court Order.  It is unlawful to cut their electricity or municipal services as everyone is entitled to access to these essential services under the Constitution.

6. My lease was cancelled – how long do I have until I must move out?

You must move out immediately, failing which, you run the risk of the landlord applying to Court to evict you.