order of possession
📖 O que é order of possession? Significado e conceito
An order of possession is a crucial step in the eviction process for landlords in Canada. It legally confirms the landlord's right to take back their rental unit. This order is typically sought when a tenancy agreement has been legally ended, but the tenant has not moved out.
Landlords often apply for an order of possession after serving a tenant with a notice to end tenancy, such as a 10 Day Notice to End Tenancy for Unpaid Rent or Utilities. If the tenant does not comply with the notice by paying the outstanding rent or vacating the premises within the specified timeframe, the landlord can then apply for this order.
Once granted, an order of possession allows the landlord to proceed with enforcing the eviction, often with the assistance of an enforcement officer, if the tenant still refuses to leave. It is a formal recognition of the landlord's right to possession, ensuring that the property can be returned to their control.
📋 Requisitos
- The landlord must have served the tenant with a valid notice to end tenancy, such as a 10 Day Notice for Unpaid Rent or Utilities.
- The tenant must have failed to pay the full amount of arrears indicated on the notice within the required timeframe (e.g., five days).
- The landlord must apply for dispute resolution, often through a Direct Request Proceeding, to obtain the order.
- Evidence must be provided to confirm proper service of all required documents to the tenant.
📝 Procedimento
- The landlord serves the tenant with a 10 Day Notice to End Tenancy for Unpaid Rent or Utilities.
- If the tenant does not pay the outstanding rent or vacate the property within the notice period, the landlord applies for dispute resolution.
- The landlord submits an Application for Dispute Resolution, often through a Direct Request Proceeding.
- The landlord provides proof of service of the notice to end tenancy and the dispute resolution package to the tenant.
- A decision is made, and if successful, an Order of Possession is issued to the landlord.
💡 Exemplos
- A landlord applied for an order of possession after a tenant failed to pay $2,500 in rent due on June 1, 2026, and did not pay it within five days of receiving a 10 Day Notice.
- After serving a tenant with a 10 Day Notice for unpaid rent, a landlord secured an order of possession when the tenant did not pay the arrears and also failed to pay rent for the subsequent month.
- A landlord obtained an order of possession through a Direct Request Proceeding after providing proof that the tenant was served with the 10 Day Notice and the dispute resolution package, and had not paid the rent.
- An order of possession was granted to a landlord when a tenant did not pay rent for June and July 2026, despite being served with a notice for the June arrears.
📚 Base legal
- Residential Tenancy Act
❓ Perguntas frequentes
What does an order of possession mean for a tenant?
For a tenant, an order of possession means that the landlord has legal authority to regain control of the rental unit. It typically signals that the tenant must vacate the property by a specific date, or face further enforcement actions.
How quickly can a landlord get an order of possession?
The timeline can vary, but landlords often apply for an order of possession after a 10 Day Notice to End Tenancy for Unpaid Rent or Utilities has expired and the tenant has not complied. The process can sometimes be expedited through a Direct Request Proceeding if the conditions are met.
Can an order of possession be cancelled?
Based on the cases, a tenant might attempt to have a landlord's 10 Day Notice cancelled, which, if successful, could prevent an order of possession from being issued based on that notice. However, if the conditions for the order are met, it is typically granted.
What happens if a tenant doesn't leave after an order of possession is issued?
If a tenant does not leave after an order of possession is issued, the landlord can then take further steps to enforce the order, which may involve seeking assistance from an enforcement officer to physically remove the tenant from the property.
Is an order of possession the same as an eviction notice?
No, they are different. An eviction notice (like a 10 Day Notice to End Tenancy) is a document from the landlord informing the tenant that the tenancy is ending and why. An order of possession is a legal ruling from a tribunal or court that formally grants the landlord the right to take back the property, usually after an eviction notice has been served and not complied with.