How long does it take to evict a squatter?
Last updated: October 13, 2026
Short answer
There is no set time, because it depends on whether the person is a squatter or a tenant. Someone who never had any agreement with you and never paid or promised rent is generally a trespasser, not a tenant, and the tenancy Acts we reviewed do not appear to cover them (Saskatchewan is unconfirmed): you tell them to leave, and in seven of the nine provinces covered here the trespass law lets police arrest a person who refuses. We could not confirm the trespass law for a private home in Newfoundland and Labrador, and we found no arrest power in Manitoba's Act. If the person may have a tenancy, because they paid rent or were let in, you need an order from the tenancy office or a court and a sheriff or bailiff to enforce it, which takes as long as any eviction.
Squatter or tenant: that decides how long it takes
The tenancy Acts cover tenancy agreements, and in most provinces covered here (Alberta, BC, Manitoba, Saskatchewan, Ontario, PEI and Newfoundland and Labrador) an agreement can be oral or implied as well as written. A person who paid or agreed to pay rent, or whom you or your tenant let move in, may be a tenant or an occupant even with no lease. A person who got in with no agreement of any kind is generally a trespasser, and the province's trespass law applies instead. The table shows both routes.
| Province | Trespass law for a person with no agreement | If the person may be a tenant |
|---|---|---|
| Alberta | Trespass to Premises Act | RTDRS or court order, filed with the Court of King's Bench; only a civil enforcement agency (bailiff) can remove the tenant |
| British Columbia | Trespass Act | Residential Tenancy Branch order of possession; a court bailiff acts under a writ of possession |
| Manitoba | The Trespass Act (not for someone living there with consent) | Residential Tenancies Branch order of possession; the Sheriff enforces a writ from the Court of King's Bench |
| Saskatchewan | The Trespass to Property Act | Office of Residential Tenancies order for possession and a writ of possession directed to a sheriff |
| Ontario | Trespass to Property Act | Landlord and Tenant Board order, enforced only by the Court Enforcement Office (Sheriff); an occupant who is not a tenant is dealt with in court |
| New Brunswick | Trespass Act | Eviction order from a residential tenancies officer, enforced by a sheriff |
| Nova Scotia | Protection of Property Act | Order from the Director of Residential Tenancies, made a Small Claims Court order for vacant possession |
| Prince Edward Island | Trespass to Property Act | Order from the Director of Residential Tenancy, sent to the sheriff after the appeal period |
| Newfoundland and Labrador | Not confirmed for private homes; ask the police | Order of possession from the Residential Tenancies Office, filed with the Office of the High Sheriff |
What to do about someone living in your property without permission
- Find out how they got in. Ask whether anyone let them in and whether they paid or promised rent to you, someone acting for you or your tenant. If the answer is yes, treat them as a possible tenant or occupant.
- If they plainly have no agreement, tell them to leave, preferably in writing, and keep a copy. If they refuse, calling the police is the practical next step (our advice). The trespass laws in Alberta, BC, Saskatchewan, Ontario, New Brunswick, Nova Scotia and PEI let a peace officer or police officer arrest a person who stays after being told to leave; in Nova Scotia and PEI the arrest must be to stop the offence continuing or to establish the person's identity.
- If they may be a tenant, use the tenancy process: the right notice, an application, an order, then a sheriff or bailiff to enforce it. In BC, the province's police guidance says police should not remove a person from a rental unit unless the person is under arrest or a court bailiff with a writ of possession asks for help.
- Do not change the locks, block the door or remove their things yourself while it is unclear whether they are a tenant. See whether a landlord can change the locks.
- Keep records: dates, photos, messages and any money offered or paid. If the person claims to own the property, that is a question for the courts; Alberta's and Manitoba's trespass Acts say a trespass case that puts title to land in question is not decided under them. Consider asking a lawyer.
Removing a squatter in each province
Alberta
Alberta's Residential Tenancies Act applies only to tenancies, but a tenancy agreement can be written, oral or implied. On those definitions, a person who never had any agreement with you is not a tenant, and the Act's eviction process does not cover them. Under the Trespass to Premises Act, the owner can give notice not to trespass orally, in writing or by visible signs, and a peace officer, or the owner, may apprehend a trespasser without a warrant; an owner who does so must hand the person to a peace officer as soon as practicable. That Act does not apply where the person reasonably believed they had a right to be there.
The Act has its own route for a person living with a tenant who is not a tenant: serve them a notice to vacate giving at least 14 days (48 hours if the tenant has abandoned the unit), then apply to court if they stay. If the person may be a tenant, you need an order from the RTDRS or the court, filed with the Court of King's Bench, and only a civil enforcement agency can remove them.
British Columbia
BC's Residential Tenancy Act covers tenancy agreements that are written or oral, express or implied, and also a licence to occupy. So a person you let in, even informally, may be a tenant, and an arbitrator decides whether a tenancy exists from what the parties intended and all the circumstances. On the Act's wording, a person who entered with no agreement of any kind has no tenancy agreement and the Act's eviction process would not apply, though no government page says this directly.
BC's Trespass Act makes it an offence not to leave as soon as practicable after the occupier tells a person to go, and a peace officer may arrest without a warrant. The province's police assistance sheet says police should not remove a person from a rental unit unless the person is under arrest or a court bailiff acting under a writ of possession asks for help, so where there is any sign of a tenancy, our advice is to expect to go through the Residential Tenancy Branch.
Manitoba
Manitoba's Act says that when someone occupies a rental unit without a tenancy agreement, the landlord does not have to use the Residential Tenancies Branch and writ process to get the unit back, though it may choose to. A tenancy agreement can be written, oral or implied, and the Branch will decide whether a person is a tenant if asked.
Under The Trespass Act, staying on premises after the owner or occupier asks a person to leave is an offence, but that rule does not apply to someone who ordinarily lives there or is living there with the owner's or occupier's express or implied consent. So a person who moved in with permission cannot simply be removed under that offence. If the person may be a tenant, use the Branch, which issues an order of possession that the Sheriff enforces through a writ from the Court of King's Bench.
Saskatchewan
Saskatchewan's Act covers tenancy agreements that are written or oral, express or implied, where rent is paid to possess the unit, so a person with no written lease who pays rent may be a tenant. A tenant, including a former tenant who stays after the tenancy ends, can only be removed with an order for possession from the Office of Residential Tenancies and a writ of possession directed to a sheriff. The Act does not say in words how it treats someone who never had any agreement, so ask the Office if you are unsure.
Under The Trespass to Property Act, a person with no right to be there must leave as soon as practicable when the occupier asks, orally or in writing, and a peace officer may also ask them to leave and may arrest without a warrant. Where that Act conflicts with another Act, the other Act wins, so our reading is that the tenancy Act governs anyone who is a tenant.
Ontario
In Ontario, a tenancy agreement can be written, oral or implied, and a person who pays rent for the right to occupy can be a tenant with nothing in writing. The Landlord and Tenant Board's guidelines say a person found to be only an occupant has no rights at the Board, and any rights they have must be sought in court. If a tenant handed the unit to someone without a proper assignment or sublet, you have 60 days after discovering it to apply to the Board; if you do not, the occupant becomes a tenant.
Under the Trespass to Property Act, a person who does not leave immediately when the occupier tells them to commits an offence, and since 2025 staying more than 24 hours after notice counts against them as an aggravating factor. The occupier or a police officer may arrest a trespasser without a warrant, and the person must then be handed to the police promptly. For a tenant, only the Court Enforcement Office (Sheriff) can enforce an eviction order.
Ontario eviction timeline | Evicting someone not on the lease
New Brunswick
New Brunswick's Act defines a tenancy agreement as one that grants the right to possess premises in exchange for rent, so someone who never had such an agreement is not a tenant under the Act. The Trespass Act covers entering or staying on premises without lawful authority after notice, which can be oral, written or by posted signs. An owner or occupier may ask for identification and, if it is refused, arrest the person and hand them to a peace officer, and a peace officer may arrest without a warrant.
The Trespass Act does not apply to someone who is on premises under an Act of the Legislature, so our reading is that a real tenant is removed through the residential tenancies process: an eviction order from a residential tenancies officer, enforced by a sheriff. The province says a tenant who was evicted and goes back in without the landlord's permission is trespassing.
Nova Scotia
In Nova Scotia, a landlord and tenant relationship exists when a person occupies premises and has paid or agreed to pay rent, so someone who never paid or agreed to pay rent does not appear to fit the Act's definitions (no section deals with squatters directly). The Protection of Property Act makes it an offence to stay on premises after the occupier tells you to leave, a police officer may arrest for that offence if the arrest is needed to stop it continuing or to establish the person's identity, and civil remedies such as an injunction remain available.
If the person paid or agreed to pay rent, use the Residential Tenancies Program. The Director's order can be made an order of the Small Claims Court once the 10-day appeal period passes, and the Small Claims Court then issues an Order for Vacant Possession.
Prince Edward Island
PEI's Act covers tenancy agreements that are written or oral, express or implied. On the Act's wording, a person who never had any agreement with the landlord is not a tenant, though no official page says so expressly. Under the Trespass to Property Act, staying on premises after the occupier tells a person to leave is an offence, police may arrest to stop it continuing or to establish identity, and an injunction remains available.
If the person may be a tenant, a landlord cannot regain possession unless the tenant has left or the Director of Residential Tenancy has ordered them to vacate and the order has been sent to the sheriff. The sheriff waits until the appeal period has ended.
Newfoundland and Labrador
Newfoundland and Labrador's Act applies only where a landlord and tenant relationship exists, which generally needs rent paid or promised, though an oral or implied agreement is enough. On our reading of its text, someone who never had any agreement and never paid or promised rent is outside the Act. If you and the occupant disagree, either of you can ask an adjudicator to decide whether the Act applies, and a case found to be outside it may be sent to a court. People living with a tenant who have not agreed to pay rent are occupants, not tenants.
We could not confirm which provincial trespass law covers a person in a private home, so speak to the police or a lawyer about someone with no agreement. If the person is a tenant, you need an order of possession from the Residential Tenancies Office, which you file with the Office of the High Sheriff to enforce.
Related questions
Is a squatter the same as a tenant?
No. A tenant has a tenancy agreement, which can be written, oral or implied and usually involves rent paid or promised. A squatter got in with no agreement at all. The line can blur, though: a person who paid rent to you or your agent, or whom you let move in, may be a tenant even without a lease. In Manitoba the Branch, and in Newfoundland and Labrador an adjudicator, can decide whether the Act applies if you are not sure.
Can the police remove a squatter?
Possibly, if the person clearly has no agreement. The trespass laws in Alberta, BC, Saskatchewan, Ontario, New Brunswick, Nova Scotia and PEI let police arrest someone who stays after being told to leave (in Nova Scotia and PEI, to stop the offence continuing or to establish identity). We could not confirm the position in Manitoba or Newfoundland and Labrador. Where there is any sign of a tenancy, expect to use the tenancy process instead; BC's police assistance sheet says police should not remove a person from a rental unit unless the person is under arrest or a court bailiff with a writ asks for help.
Do squatters have rights?
A person with no agreement generally has no rights under the tenancy Acts. But if they paid or agreed to pay rent, or someone with authority let them in, they may be a tenant with full protection. Some trespass laws also excuse a person who honestly and reasonably believed they had a right to be there, as in Alberta and Manitoba, and BC's Act allows a defence of colour of right. If someone claims to own the property, that is a question for the courts, so consider asking a lawyer.
Can I change the locks to get a squatter out?
Not if there is any chance they are a tenant. The tenancy Acts require an order and a sheriff or bailiff before a tenant is removed; in Alberta only a civil enforcement agency can remove a tenant, and in PEI and Saskatchewan a landlord cannot take possession any other way. With a clear trespasser, calling the police is, in our advice, safer than acting yourself. See whether a landlord can change the locks.
What if the squatter says they paid rent?
Then treat them as a possible tenant until a decision says otherwise. In Nova Scotia a landlord and tenant relationship is deemed to exist when a person occupies premises and has paid or agreed to pay rent, and in Ontario a person who pays rent for the right to occupy can be a tenant with nothing in writing. Ask for proof of who they paid, keep records, and apply to your province's tenancy office rather than removing them yourself.
What if my tenant's guest won't leave?
That person is usually an occupant, not a squatter. In Alberta you can serve them a notice to vacate giving at least 14 days, then apply to court. In Ontario, if the tenant handed over the unit without a proper sublet or assignment, you must apply to the Board within 60 days of finding out, or the occupant becomes a tenant. See how long a tenant's guest can stay.
What if a former tenant won't leave after the tenancy ends?
They are not a squatter. A tenant who stays after the tenancy ends still has to be removed through the tenancy process, with an order and a sheriff or bailiff; Saskatchewan's Act says this in words for an overholding tenant. In New Brunswick, a tenant who has been evicted and goes back in without permission is trespassing. See what to do if a tenant refuses to move out.
Should I post no-trespassing signs on an empty property?
They can help. In Alberta, BC, Ontario and New Brunswick, the trespass law lets notice not to enter be given by signs as well as orally or in writing. As practical advice, signs may make it easier to show that a person who got in had no permission. They do not replace a tenancy order if the person turns out to be a tenant.
Is squatting illegal in Canada?
In most provinces covered here, staying on someone else's premises after being told to leave is an offence under the provincial trespass law. Those laws are provincial, so the details differ, and in Manitoba the rule does not cover someone living there with consent. Criminal charges are a matter for the police and the courts. If you are dealing with threats or damage, call the police.
How long does it take if the person turns out to be a tenant?
As long as a normal eviction: the right notice, an application, a hearing, an order, then a sheriff or bailiff. Published timings are few. In Manitoba a decision usually comes within two working days and the order usually gives a move date seven days later, in Nova Scotia the order is made within 14 days of the hearing, and in PEI the Director must give the order within 90 days of the application. See how to evict a tenant.
Can a tenant claim ownership of a house?
Not through a tenancy. A tenancy gives a right to occupy in exchange for rent, not a share of ownership. Ontario's Act describes a tenant as a person who pays rent in return for the right to occupy, and New Brunswick's defines a tenancy agreement as one that grants the right to possess premises in exchange for rent. We found nothing in the tenancy Acts we reviewed that turns a tenancy into ownership, however long the person stays.
If someone claims to own the property, that is a question for the courts, and Alberta's Trespass to Premises Act (s.7) says the Court of Justice cannot decide a trespass case that puts title in question, while Manitoba's Trespass Act (s.3) says a justice cannot decide a case where title to land is in question. We did not research claims based on land title, so consider asking a lawyer.
Government sources
- Alberta King's Printer: Residential Tenancies Act
- Alberta King's Printer: Trespass to Premises Act
- Government of BC: Residential Tenancy Act
- Government of BC: Trespass Act
- Government of BC: Police assistance information sheet (GEN-02)
- Government of Manitoba: The Residential Tenancies Act
- Government of Manitoba: The Trespass Act
- Government of Saskatchewan: The Residential Tenancies Act
- Government of Saskatchewan: The Trespass to Property Act
- Government of Ontario: Residential Tenancies Act, 2006
- Landlord and Tenant Board: Interpretation Guideline 21
- Government of Ontario: Trespass to Property Act
- Government of New Brunswick: Residential Tenancies Act
- Government of New Brunswick: Trespass Act
- Government of New Brunswick: Belongings after an eviction
- Nova Scotia Legislature: Residential Tenancies Act
- Nova Scotia Legislature: Protection of Property Act
- Government of PEI: Residential Tenancy Act
- Government of PEI: Trespass to Property Act
- Government of Newfoundland and Labrador: Policy 1-005, Exempted living accommodations
- Government of Newfoundland and Labrador: Policy 1-002, Definition of landlord and tenant
General information, not legal advice. Rules change; check your province's tenancy office before acting.
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