TenantsEvictions and notices

How do I fight an eviction?

Last updated: October 13, 2026

Short answer

You fight an eviction by disputing the landlord's notice with your province's tenancy tribunal or office before the deadline, then showing at the hearing that the notice is invalid or the landlord cannot prove the reason. Some provinces give you only days to act (5 days for a BC unpaid rent notice, 15 days for several Saskatchewan and New Brunswick notices), while in Ontario and Manitoba you answer the landlord's application at the hearing, and Newfoundland and Labrador has no fixed deadline for most notices. A landlord cannot remove you on their own: removal needs an order enforced by a sheriff, court bailiff or, in Alberta, a civil enforcement agency.

Steps to fight an eviction notice

  1. Read the notice closely. Check the reason, the date it takes effect, the form and how it was served. A notice can be invalid if it uses the wrong form, gives a reason the law does not allow or gives too little time. In PEI the only valid eviction notices are Form 4A and Form 4B, and BC has no such thing as a 24-hour or 5-day notice to vacate.
  2. Find your deadline right away. In BC, Saskatchewan, New Brunswick and PEI, and for unpaid rent notices in Nova Scotia, missing the dispute deadline means you are treated as accepting the notice. The table below has each province's deadline.
  3. Dispute it the way your province requires. That can mean filing an application with the tenancy tribunal, giving the landlord a written objection or written notice that you dispute it, or answering the landlord's application at the hearing.
  4. Keep paying rent and gather evidence. Keep the notice, your lease, rent receipts, messages, photos and the names of witnesses. Falling behind on rent while you dispute gives the landlord a second reason to evict.
  5. Attend the hearing. Many tenancy hearings are by telephone, and a hearing can go ahead without you. Explain why the notice is invalid or the reason is not true, and ask for more time to move if you need it.
  6. Act fast if you lose. Review and appeal deadlines are short, sometimes 2 to 7 days. See what each province's tenancy tribunal is and the steps in how to deal with landlord and tenant issues.

Deadlines to dispute an eviction notice by province

ProvinceHow you disputeDeadline
AlbertaWritten objection with reasons to the landlord (14-day notice for a breach other than rent)Before the termination date. Unpaid rent notice: pay all rent owing before the termination date
British ColumbiaApplication for dispute resolution to the Residential Tenancy Branch5 days (unpaid rent), 10 days (cause or end of employment), 15 days (subsidized housing), 21 days (landlord's or buyer's use), 30 days (demolition or conversion)
ManitobaDispute it at the landlord's hearing at the Residential Tenancies BranchNo set deadline; the landlord must serve the hearing notice at least 5 days ahead
SaskatchewanWritten notice to the landlord that you dispute it15 days for cause, caretaker and landlord's use notices. Unpaid rent: answer at the hearing
OntarioDispute the landlord's application at the Landlord and Tenant Board hearingNo form and no deadline; you do not have to move out because of a notice alone
New BrunswickWritten application to a residential tenancies officer15 days for a listed reason or a notice within a year of your complaint. Unpaid rent: pay everything within 7 days (not possible after a Final Notice to Vacate)
Nova ScotiaApplication to the Director of Residential Tenancies to set it aside10 days for an unpaid rent notice (or pay in full). Other notices: no deadline in the Act, and you can contest at the landlord's hearing
Prince Edward IslandForm 2(A), Tenant Application to Determine Dispute10 days (Form 4A) or one month (Form 4B)
Newfoundland and LabradorApplication to have the notice's validity decidedNo set deadline for ordinary notices; one month if the notice is retaliation

What happens after the hearing

If the tribunal sides with you, the notice is set aside and your tenancy carries on. If it sides with the landlord, it issues an order of possession or eviction order with a move-out date. Even then the landlord cannot change the locks or put your things out. The order is enforced by a sheriff (Manitoba, Saskatchewan, Ontario, New Brunswick, Nova Scotia, PEI, and the High Sheriff in Newfoundland and Labrador), a court bailiff under a Writ of Possession (BC) or a civil enforcement agency (Alberta). In Ontario, only the Court Enforcement Office (Sheriff) can enforce an eviction order, and the order expires if it is not filed there within six months.

Some appeals put the order on hold while they are decided: an appeal to Manitoba's Residential Tenancies Commission, a Saskatchewan appeal to the Court of King's Bench, an Ontario appeal to the Divisional Court, a New Brunswick review by a King's Bench judge and a PEI appeal to IRAC. An Alberta appeal does not stop the order automatically.

How to fight an eviction in each province

Alberta

Your route depends on the notice. For a 14-day notice over a breach other than rent, give your landlord a written objection with your reasons before the termination date. The notice then has no effect unless the landlord applies to the Residential Tenancy Dispute Resolution Service (RTDRS) or the Alberta Court of Justice and gets an order, and you can stay until then. A 14-day notice for unpaid rent has no objection route, but paying all the rent owing before the termination date cancels it. After a 24-hour notice (assault, threats or significant damage), the landlord must apply within 10 days after the termination date or the notice is ineffective.

A no-fault notice is valid only for a reason the rules allow. RTDRS hearings are by telephone. If you missed the hearing because of an accident, a mistake or insufficient notice, you can apply within 20 days to have the order set aside, and you can appeal to the Court of King's Bench on law or jurisdiction within 30 days after the order is filed.

Alberta notice to end a tenancy | How to file an RTDRS claim

British Columbia

Apply to the Residential Tenancy Branch for dispute resolution within the deadline for your notice: 5 days for a 10 Day Notice for unpaid rent (or pay the full overdue rent in those 5 days), 10 days for a One Month Notice for cause or a notice at the end of employment, 15 days for a two-month notice when you no longer qualify for subsidized housing, 21 days for a Three Month Notice for the landlord's or a buyer's use, and 30 days for a Four Month Notice for demolition or conversion. Staying put is not a dispute. Once you apply in time, the notice is on hold and the landlord must prove it is lawful.

If you miss the deadline, you are presumed to accept the notice. The deadline can be extended only in exceptional circumstances, and never past the notice's effective date. The filing fee is $100, and you can ask for a fee waiver. If you lose, you have only 2 days to ask for a review of an order of possession.

BC eviction process | How to file an RTB claim in BC

Manitoba

Manitoba has no form or deadline for disputing a notice. You dispute it at the hearing when the landlord applies to the Residential Tenancies Branch for an order of possession, and the notice itself must tell you that you can dispute it. The landlord must serve the hearing notice at least 5 days before the hearing, and the hearing goes ahead even if you are not there. An order of possession is not granted on an invalid notice, and you can also apply to the Branch yourself.

A decision usually comes within 2 working days, and the move date is usually 7 days after the order. You can appeal an order of possession to the Residential Tenancies Commission within 7 days, which puts the order on hold. If you missed a hearing about unpaid rent, you need permission to appeal.

Manitoba eviction process | Manitoba tenant rights

Saskatchewan

For a notice for cause, a caretaker notice or a notice for the landlord's own use, dispute it by giving your landlord written notice within 15 days. The landlord must then apply to the Office of Residential Tenancies and prove the case. If you stay silent, you are treated as accepting the notice. For unpaid rent there is no written dispute step: you answer at the hearing and can ask for relief, including where the eviction is retaliation for a good-faith health or safety complaint.

A notice is not effective unless it is in writing, dated and on the approved form, with the address, the effective date and the grounds. Hearings can be by telephone or other electronic means. You can appeal to the Court of King's Bench on law or jurisdiction within 30 days, and filing the appeal stops enforcement; appealing an eviction for unpaid rent requires a deposit of one month's rent.

Saskatchewan eviction process and ORT hearings | Saskatchewan tenant rights

Ontario

You do not have to move out because you got a notice, and there is no form to file to dispute it. A notice ends the tenancy only if you leave, you and the landlord agree, or the Landlord and Tenant Board (LTB) orders it. The landlord must apply to the LTB (within 30 days after the termination date, except for unpaid rent), and you dispute the application at the hearing. The landlord must prove the case, and the Board must consider whether to refuse or delay the eviction. It must refuse in some cases, such as a serious breach by the landlord or an application that is retaliation.

For an N4 notice for unpaid rent given on or after September 21, 2026, the notice period is 7 days, and paying all the arrears plus any new rent due before the landlord files cancels it. For L1 applications made on or after that date, a tenant who wants to raise their own issues at the hearing must give advance written notice and pay half the claimed arrears first. You can request a review within 15 days ($58) or appeal to the Divisional Court on a point of law within 30 days.

Ontario eviction process | Ontario eviction timeline

New Brunswick

If your notice of termination gives a listed reason (the landlord's own use, a change to non-residential use, the end of your employment or a renovation), apply in writing to a residential tenancies officer at the Tenant and Landlord Relations Office within 15 days. The officer sets the notice aside unless the landlord proves the reason. If you do nothing, you are deemed to accept it. A notice served within a year after you complained can be contested in writing within 15 days, and the landlord must then show the complaint was not the reason.

For a notice to vacate for unpaid rent, paying all the rent due within 7 days cancels it, unless it is a Final Notice to Vacate. Otherwise you give your side when the landlord applies and the officer investigates. Only a sheriff acting on an officer's or judge's order can remove you. A notice or eviction order can also go to the Court of King's Bench within 7 days, on jurisdiction or an error of law only.

New Brunswick eviction process | New Brunswick tenant rights

Nova Scotia

For a notice for unpaid rent (Form D), you have 10 days to either pay the arrears, which voids the notice, or apply to the Director of Residential Tenancies to set it aside. If you do neither, you are conclusively deemed to accept it, and the landlord can get an order without a hearing. For a breach notice or other grounds, you can apply to set the notice aside (the Act sets no deadline for this application) or contest it at the landlord's hearing. A notice given in retaliation can be set aside.

Applications use Form J, online or at an Access Nova Scotia centre, with a $31.15 fee that can be waived for people on income assistance or the Guaranteed Income Supplement. Mediation is tried first, then a telephone hearing, with the order due within 14 days. You can appeal to Small Claims Court within 10 days, where the case is heard again.

Nova Scotia eviction process | Filing a complaint in Nova Scotia

Prince Edward Island

The only valid eviction notices are Form 4A and Form 4B. To dispute one, file Form 2(A), the Tenant Application to Determine Dispute, with the Rental Office. You have 10 days for a Form 4A notice (unpaid rent, cause or the end of employment), and paying the rent in full within those 10 days voids a notice for unpaid rent. You have one month for a Form 4B notice (the landlord's own use, a sale, demolition, conversion or renovation, or public housing). If you do not dispute in time, you are treated as accepting the notice.

If your landlord accepts rent after giving the notice, that does not cancel it unless you both agree in writing. Hearings are by telephone. You can appeal to the Island Regulatory and Appeals Commission (IRAC) within 7 days for an order to vacate for unpaid rent or cause, or 20 days for other orders, and serving the appeal puts the order on hold.

PEI eviction process | Filing a complaint in PEI

Newfoundland and Labrador

There is no fixed deadline to dispute an ordinary termination notice. The notice does not enforce itself: the landlord must apply to the Residential Tenancies Office for an order of possession, and that hearing happens only after the termination date. If you think the notice is invalid, you can apply ($20) to have its validity decided, attaching the notice, and that can be heard before the termination date. If the notice is retaliation for a complaint, apply within one month.

The landlord must serve the application and hearing notice at least 10 clear days before the teleconference hearing. Orders usually say to move immediately, and the landlord files a certified order with the Office of the High Sheriff. There is no internal review, but you can appeal to the Supreme Court of Newfoundland and Labrador on jurisdiction or law within 30 days after you receive the order.

Newfoundland and Labrador eviction process | Filing a complaint in Newfoundland and Labrador

Related questions

Can you fight an eviction?

Yes, in every province covered here. You challenge the notice at your province's tenancy tribunal or office, either by filing your own dispute before a deadline (BC, Saskatchewan, New Brunswick, PEI, and Nova Scotia for unpaid rent) or by answering the landlord's application at the hearing (Ontario, Manitoba, and in most cases Newfoundland and Labrador). In Alberta you give a written objection to a 14-day notice for a breach other than rent. The landlord then usually has to prove the eviction is lawful.

Can you fight an eviction notice?

Yes, and the notice stage is the best time to do it. A notice is the landlord's demand, not a decision, but in some provinces (BC, Saskatchewan, New Brunswick, PEI, and Nova Scotia for unpaid rent) missing the dispute deadline means you are treated as accepting it. Check the form, the reason and the dates, then dispute it the way your province requires.

Can you fight an eviction and win?

Yes. Tenants win when the notice is invalid (wrong form, too little notice or a reason the law does not allow), when the landlord cannot prove the reason, or when the eviction is retaliation for asserting their rights. In Ontario the Board must also consider refusing or delaying the eviction even when the landlord proves the case. Good evidence matters, so bring the notice, rent receipts, messages and photos.

How to deal with an eviction?

Do not ignore it. Write down the dispute deadline, keep paying rent, collect your evidence and file your dispute or prepare for the hearing. Talk to the landlord too: a written agreement on a later move-out date or a payment plan can settle things without an order. If you decide to leave, see what to do if your landlord wants you to move out.

My landlord is trying to evict me. What should I do?

First, find out what you have: a written notice, an application to the tribunal, a hearing notice or an order. Each stage has its own deadline, and the table above shows the notice deadlines for each province. A demand to leave is not the same as a valid notice: in Saskatchewan, PEI and Newfoundland and Labrador, for example, a notice must be in writing, and Saskatchewan and PEI also require the approved form. If the landlord changes the locks or removes your things without an order, contact the tenancy office right away.

My landlord is trying to evict me illegally. What can I do?

You do not have to leave because of an invalid notice. Dispute it on time and raise the problem at the hearing. If the eviction is payback for a complaint or for asserting your rights, say so: retaliation is a ground to refuse or set aside an eviction in several provinces, including Ontario, Saskatchewan, New Brunswick, Nova Scotia and Newfoundland and Labrador, and it is banned in Alberta. See the reasons a landlord can evict you.

How to fight an illegal eviction?

An illegal eviction is one where the landlord skips the legal process, for example by changing the locks or removing your belongings without an order. In every province covered here, a tenant can only be removed under an order enforced by a sheriff, court bailiff or (in Alberta) a civil enforcement agency. Apply to your tenancy tribunal right away to get back in or claim compensation, and see can a landlord change the locks and can a landlord evict you immediately.

How to fight an eviction on your record?

The best way to keep an eviction off your record is to stop it from becoming an order: dispute the notice on time, or settle with the landlord in writing before the hearing. If an order was made and you have grounds, ask for a review or appeal within the deadline. Pay any money order, because an unpaid one can be enforced through the courts. Ask your province's tenancy office what records it keeps about orders.

Do I have to keep paying rent while I fight an eviction?

Yes. Rent stays due while the dispute runs, and in PEI rent is owed until you move out even after a notice. Falling behind gives the landlord a second reason to evict. In BC you cannot deduct money from rent on your own unless the law gives you a right to, such as for emergency repairs that meet the Act's conditions. See can I withhold rent from my landlord.

Do I need a lawyer to fight an eviction?

No. Tenancy tribunals are set up for people to present their own case, and many hearings are by telephone. Legal advice can still help when the facts are complicated, when you are appealing to a court, or when a lot of money is at stake. Community legal clinics, legal aid offices and tenant groups may help for free or at low cost; ask your province's tenancy office where to start.

How to fight an eviction order in Alberta?

To enforce an RTDRS order, it is filed with the Court of King's Bench and served. If you missed the hearing because of an accident, a mistake or insufficient notice, apply within 20 days to have it set aside or varied, and ask for a correction or clarification within 30 days. An appeal to the Court of King's Bench is on law or jurisdiction only, within 30 days after the order is filed, and it does not stop the order automatically. An Alberta Court of Justice order can be appealed within 30 days after it is entered and served.

How to fight an eviction at a hearing in Alberta?

RTDRS hearings are by telephone, and the landlord must serve the application at least 3 clear days before the hearing (a shorter time can be allowed in urgent cases). Have your evidence ready, explain why the notice is invalid or the reason is not true, and answer the landlord's claims. The decision is given at the hearing, or in writing within 30 days if it is reserved. See what the RTDRS is.

How to stop an eviction?

What stops it depends on the reason. For unpaid rent, paying everything owed in time cancels the notice: before the termination date in Alberta, within 5 days in British Columbia, by the date on the notice in Manitoba, before the landlord files with the Landlord and Tenant Board in Ontario, within 7 days in New Brunswick (unless it is a Final Notice to Vacate), within 10 days in Nova Scotia and PEI, and before the date in the notice in Newfoundland and Labrador (which works only twice in 12 months). We found no pay-to-cancel rule in Saskatchewan, and the Act says a landlord who accepts arrears after giving a notice has not cancelled it unless both sides agree otherwise in writing (RTA s.60.1(1)), so ask the Office of Residential Tenancies.

For any other reason, dispute the notice on time with your province's tenancy office, using the deadlines in the table on this page. A landlord also needs an order before you can be removed; see can a landlord evict you immediately. Our advice: if you and the landlord agree that you can stay, get that agreement in writing.

How to beat an eviction in court?

Most eviction cases are heard by your province's tenancy tribunal or office rather than a regular court, and in Alberta by the RTDRS or the Alberta Court of Justice. To win, show that the notice is invalid (wrong form, a reason the law does not allow or too little time), that the landlord cannot prove the reason, or, where your province allows it, that the eviction is retaliation for a complaint. Attend the hearing and bring your evidence.

If you lose, a court appeal is usually limited to a point of law or jurisdiction: the Court of King's Bench in Alberta and Saskatchewan, the Divisional Court in Ontario and the Supreme Court of Newfoundland and Labrador, each within 30 days (in Alberta after the order is filed, in Newfoundland and Labrador after you receive it). Review and appeal deadlines in other provinces can be as short as 2 to 7 days, so check yours right away.

Government sources

General information, not legal advice. Rules change; check your province's tenancy office before acting.

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