Can a landlord evict you immediately?

Alberta has the shortest notice of the provinces covered here: a landlord can give at least 24 hours' written notice when a tenant has assaulted or threatened to assault the landlord or another tenant, or caused significant damage. The notice must state the time and date the tenancy ends. Other notices take longer: at least 14 clear days for unpaid rent (cancelled by paying everything owing by the termination date) and 14 days for other substantial breaches.

A 24-hour notice still does not let the landlord put you out. If you stay, the landlord has 10 days after the tenancy ends to apply to the RTDRS or the court for an order, or the notice is void, and the order must be filed with the Court of King's Bench and served before a civil enforcement bailiff can remove you. A landlord can never physically remove a tenant or their belongings, or change the locks to force them out.

In British Columbia, the shortest landlord notices are the 10 Day Notice for unpaid rent (RTB-30), which you can cancel by paying in full or dispute within 5 days, and the One Month Notice for Cause (RTB-33), which you can dispute within 10 days. For the most urgent and serious cases, the landlord can instead apply to the Residential Tenancy Branch to end the tenancy early.

Either way, the landlord needs an order of possession from the Branch, and only the B.C. Supreme Court and authorized court bailiffs can enforce it. A landlord who locks you out, removes you or takes your belongings without an order can face a penalty of up to $5,000 and may have to repay your costs.

A Manitoba landlord can give a notice that takes effect as soon as 5 days after it is given when a tenant has caused a significant risk to health or safety, extraordinary damage or an extraordinary disturbance; drug trafficking and the unlawful sale of cannabis count as a safety risk. In very serious cases the landlord does not have to send a warning letter first. For unpaid rent, the landlord can give notice on the prescribed form once rent is 3 days late, and paying the full amount owing by the date on the notice stops the termination, unless the landlord confirms in writing at the time of payment that the tenancy is still ending.

If you stay, the landlord needs an order of possession from the Residential Tenancies Branch and then a writ of possession from the court, and only Sheriff's Officers can remove you. The Branch can charge an administrative penalty to a landlord who locks a tenant out.

Saskatchewan lets a landlord end a tenancy immediately by notice once rent has been unpaid for 15 days or more. For other problems, a notice for cause gives at least one month, with 15 days for you to dispute it in writing, but in serious cases the landlord can ask a hearing officer for an order ending the tenancy sooner.

An immediate notice ends the tenancy on paper only. The landlord cannot take back the unit unless you leave or the landlord gets an order of possession from the Office of Residential Tenancies and a writ of possession is sent to the sheriff. The landlord cannot change the locks without your agreement and new keys, or seize your belongings, and a tenant locked out without justification can be awarded punitive damages.

Ontario has no notice that ends a tenancy immediately. The shortest are the N4 for unpaid rent (7 days, void if you pay everything owing before the landlord files with the Board), the N6 for illegal drug production or trafficking (10 days) and the N7 (10 days) for wilful damage, seriously impairing safety, or substantial interference in a building of 3 units or fewer where the landlord lives. An N7 cannot be cancelled by fixing the problem.

After any notice, the landlord has to apply to the Landlord and Tenant Board (L1 for unpaid rent, L2 for other reasons), and only the Court Enforcement Office (Sheriff) can enforce an eviction order. Changing the locks without giving you a key is illegal, and rental housing offences carry fines of up to $100,000 for an individual and $500,000 for a corporation.

In New Brunswick, when a warning would be inappropriate, for example because a tenant has caused extensive damage, the landlord can ask a residential tenancies officer to serve a notice to quit directly, and the officer sets the time to leave. The province lists extensive damage, a health or safety risk and illegal activity as grounds for ending a lease early, and in an emergency the landlord can go straight to the officer. For unpaid rent, a Notice to Vacate gives at least 15 days, and paying everything within 7 days cancels it, unless it is a final notice.

Only a residential tenancies officer or a judge of the Court of King's Bench can evict you, after the officer has heard from you, and the sheriff carries out the order. Locks can be changed only with an officer's written permission or with a sheriff present during an eviction, and a landlord cannot withhold your belongings or dispose of them without a residential tenancies officer's decision.

Nova Scotia has no same-day eviction notice. The shortest notices are for unpaid rent (Form D), which takes effect no earlier than the 10th day after it is given and is void if you pay the arrears within 10 days, and for breaking the conditions on behaviour, cleanliness or damage (Form E), which gives 15 days. For serious problems such as illegal activity, a serious risk to health or safety or extraordinary damage, the landlord has to apply to the Director for an order ending the tenancy, which goes to a hearing.

If you stay past the date in an order, it can be made a Small Claims Court order after the 10-day appeal period and enforced by the sheriff. The landlord cannot change the locks except by mutual consent, and offences under the Act carry a fine of up to $1,000.

In PEI, a landlord dealing with serious interference, a safety risk, a significant risk to property, illegal activity or unreasonable damage can apply to the Director for an earlier end date and an order of possession when waiting out a one-month notice for cause would be unreasonable or unfair; in that case no notice to you is needed. Otherwise the shortest notice is for unpaid rent (Form 4A), which ends the tenancy no earlier than 20 days after you get it, with 10 days to pay or dispute it.

The landlord cannot take back the unit unless you leave or the Director orders you to vacate and the order is sent to the sheriff. An order can be appealed to IRAC within 20 days, or 7 days for an order to vacate for unpaid rent or cause, and the sheriff waits until that period has passed. The landlord cannot change a lock without giving each tenant a new key as soon as practicable, or seize your belongings.

Newfoundland and Labrador allows a notice that takes effect immediately when a tenant has made the premises uninhabitable, and a notice of at least 5 days when a tenant has not repaired damage or has interfered with others' peaceful enjoyment. These go on the Landlord's Notice to Terminate Early (Cause) form. For unpaid rent, the landlord can give notice once rent is 5 days overdue, with at least 10 days to leave.

If you do not leave, the landlord applies to the Residential Tenancies Office for an Order of Possession, which is sent to the sheriff for enforcement. Where the safety or security of a landlord or tenant is at risk, the Director can issue an order of possession without a hearing. Neither side can change the locks without mutual consent, and a landlord cannot keep your belongings to cover money owed; they must be stored for at least 30 days from the day they go into storage, and after that they can be sold only with the director's permission.