LandlordsEvictions and notices

What can a landlord do if a tenant refuses to move out?

Last updated: October 12, 2026

Short answer

Apply to your province's tenancy tribunal for an order of possession (an eviction order), and if the tenant still stays, have that order enforced by a sheriff or court bailiff. In every province covered here, only an enforced order can remove a tenant who will not leave. Changing the locks, removing the tenant's belongings or physically putting them out yourself is illegal and can lead to fines, penalties and a claim by the tenant. Before you apply, make sure the tenancy has legally ended, because in several provinces a lease does not end just because its end date has passed.

Three steps when a tenant will not leave

  1. Check that the tenancy has really ended. You need a valid notice whose termination date has passed, a signed agreement to end the tenancy (such as an N11 in Ontario or form RTB-8 in British Columbia), or a fixed term that ends on its own. A fixed-term lease simply ends on its date in Alberta, Saskatchewan, New Brunswick and Nova Scotia. In British Columbia (without a valid vacate clause), Manitoba, Ontario, PEI and Newfoundland and Labrador it carries on unless it was ended under the Act. Be careful about taking rent after the end date: in Alberta, New Brunswick and Nova Scotia, accepting rent with no new lease can create a new month-to-month tenancy.
  2. Apply for an order. File with your province's tenancy office (see the table below) for an order of possession or eviction order. You can often claim unpaid rent at the same time.
  3. Have the order enforced. If the tenant is still there after the date in the order, take it to the sheriff or court bailiff as your province requires. Do not remove the tenant or their things yourself, even with an order in hand.

If you have not served a notice yet, start with how to evict a tenant and how much notice a landlord has to give.

Where to apply and who removes the tenant

ProvinceWhere to applyWho enforces the orderFiling fee
AlbertaResidential Tenancy Dispute Resolution Service (RTDRS) or the Alberta Court of JusticeCivil enforcement bailiff, after the order is filed with the Court of King's Bench and servedRTDRS: $75 for claims of $7,500 or less, $150 above
British ColumbiaResidential Tenancy BranchCourt bailiff, through the B.C. Supreme Court$100
ManitobaResidential Tenancies BranchSheriff's Officers, under a writ of possession$60
SaskatchewanOffice of Residential TenanciesSheriff, under a writ of possession$50
OntarioLandlord and Tenant BoardCourt Enforcement Office (Sheriff)Check the LTB's current fee list
New BrunswickResidential Tenancies Officer at the Tenant and Landlord Relations OfficeSheriffCheck with the office
Nova ScotiaDirector of Residential Tenancies (Form J)Sheriff, after the order is made a Small Claims Court order$31.15
Prince Edward IslandDirector of Residential Tenancy at the Rental OfficeSheriffCheck with the Rental Office
Newfoundland and LabradorResidential Tenancies OfficeSheriff$20

Taking matters into your own hands is costly. A British Columbia landlord who evicts illegally faces a penalty of up to $5,000 and may have to repay the tenant's costs. Ontario fines reach $100,000 for an individual and $500,000 for a corporation. Manitoba's Residential Tenancies Branch can impose an administrative penalty for a lockout, Saskatchewan allows punitive damages for an unjustified lockout, and Nova Scotia offences carry a fine of up to $1,000.

What to do in each province

Alberta

Apply to the RTDRS or the Alberta Court of Justice for an order for recovery of possession. RTDRS fees are based on the amount claimed: $75 for claims of $7,500 or less and $150 above that, and it hears claims up to $100,000. If the tenant still stays after the order, file it with the Court of King's Bench and serve it on the tenant; a civil enforcement agency (a bailiff authorized by the Sheriff) then removes the occupant.

You are never allowed to physically remove an overholding tenant or their belongings without civil enforcement, or to change the locks to force them out. Remember that a fixed-term lease ends on its end date, but if you keep accepting rent with no new agreement, it becomes a periodic tenancy that you can end only for a prescribed reason.

How to file an RTDRS claim | Alberta RTDRS vs court

British Columbia

Apply to the Residential Tenancy Branch for an order of possession, either by direct request (for example, after an undisputed 10 Day Notice for unpaid rent) or through a hearing. The filing fee is $100. If the tenant does not leave, file the order with the B.C. Supreme Court; only that court and authorized court bailiffs can enforce it.

Changing the locks, physically removing the tenant or taking their belongings without an order is illegal, with a penalty of up to $5,000 and possible repayment of the tenant's costs. At the end of a fixed term, the tenancy continues month to month unless the agreement has a valid vacate clause.

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

Manitoba

Apply to the Residential Tenancies Branch for an order of possession. The fee is $60, and the application can include a claim for compensation (fees are waived for people on income assistance or receiving the GIS). If the tenant has not left by the date in the order, file it with the court; the registrar issues a writ of possession and Sheriff's Officers remove the tenant.

Unless the tenant has moved out or abandoned the unit, you can regain possession only under a writ of possession. You cannot change the locks to get a tenant to leave, and the Branch can charge an administrative penalty for a lockout. Abandoned property can be dealt with only as the Act allows.

Manitoba eviction process | Manitoba RTB applications

Saskatchewan

Apply to the Office of Residential Tenancies for an order of possession; the fee is $50. The writ of possession is directed to the sheriff at the judicial centre nearest the rental, who puts you back in possession. A landlord cannot regain possession any other way unless the tenant has moved out or abandoned the unit.

You cannot change the locks unless the tenant agrees and gets new keys, and you cannot seize the tenant's property. An unjustified lockout can bring punitive damages, and offences carry fines of up to $500 for an individual (or up to six months in jail) and $1,000 for a corporation. A fixed-term lease ends on its end date unless you and the tenant made a new agreement, but you must have served the Term Lease Two Month Notice of Intention; if you skipped it, a hearing officer can continue the tenancy as a periodic one.

Saskatchewan eviction process and ORT hearings | Filing with the ORT

Ontario

Apply to the Landlord and Tenant Board for an eviction order, using the application form that matches your reason (L1 for unpaid rent, L2 for many other reasons). Only the Court Enforcement Office of the Superior Court of Justice (the Sheriff) can enforce an eviction order, so file the order there if the tenant does not leave. This applies even if the tenant signed an N11 agreement to end the tenancy.

It is illegal to change the locks without giving the tenant a key, except after a Sheriff's eviction or when you are sure the unit is abandoned. Fines reach $100,000 for an individual and $500,000 for a corporation. A fixed-term lease does not end on its date: it renews month to month, so you need one of the reasons the Act allows.

Ontario eviction process | Ontario eviction timeline

New Brunswick

Apply in writing to the Tenant and Landlord Relations Office with a Landlord Application for Assistance and attach your notice. A Residential Tenancies Officer looks into it, hears from the tenant and can issue an Eviction Order, which a sheriff carries out. Not moving out once a fixed-term lease has ended is a ground for eviction, but accepting rent after the end date can create a new tenancy.

During the tenancy, locks can be changed only by mutual consent or with a Residential Tenancies Officer's written permission (or in the presence of a sheriff during an eviction), and a landlord cannot withhold a tenant's belongings or dispose of them without a residential tenancies officer's decision. Either side can ask the Court of King's Bench to review an eviction order within 7 days.

New Brunswick eviction process | Filing a complaint in New Brunswick

Nova Scotia

Apply to the Director of Residential Tenancies for an order to vacate on Form J ($31.15), or Form K for rent arrears without a hearing. Once the 10-day appeal period passes, the Residential Tenancy Officer can make the order an order of the Small Claims Court at no charge, the court issues an Order for Vacant Possession, and the sheriff's office enforces it (sheriff fees apply).

Neither landlord nor tenant can change the locks during the tenancy except by mutual consent. A fixed-term lease ends on its date, but if the tenant stays with your consent (for example, you keep taking rent), it becomes month to month.

Nova Scotia eviction process | Filing a complaint in Nova Scotia

Prince Edward Island

Apply to the Director of Residential Tenancy at the Rental Office for an order; hearings are held by telephone. You can regain possession only if the tenant has moved out or abandoned the unit under the Act's procedure, or once the Director's order to vacate has been sent to the sheriff. The sheriff waits until the appeal period ends: 20 days, or 7 days for an order to vacate for non-payment or cause, and serving an appeal on time puts the order on hold.

You may change a lock only if each tenant gets a new key as soon as practicable, and you cannot seize the tenant's property or block access to it. A fixed-term lease that was not validly ended renews as a monthly tenancy.

PEI eviction process | Filing a complaint in PEI

Newfoundland and Labrador

Apply to the Residential Tenancies Office with an Application for Dispute Resolution for an Order of Possession; the filing fee is $20. A certified order of possession is sent to the sheriff for enforcement. Where someone's safety or security is at risk, the Director may issue an order of possession without a hearing.

Neither side may change the locks during the tenancy without mutual consent. A landlord cannot keep, sell or dispose of the tenant's possessions to cover money owed, and must store them for at least 30 days from the day they go into storage. Adjudicator decisions can be appealed to the Supreme Court within 30 days.

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

Related questions

What happens if tenant doesn't move out?

The landlord applies to the province's tenancy tribunal for an order of possession, and if the tenant still stays, a sheriff or court bailiff enforces it. The landlord can usually claim unpaid rent or other compensation too; in Manitoba, for example, the order of possession application can include a compensation claim. In Newfoundland and Labrador, one April 2026 decision ordered the tenant to pay the landlord's sheriff costs, though that was one adjudicator's order rather than a fixed rule.

What if my tenant refuses to leave?

Do not change the locks, move their belongings out or try to remove them yourself; that is illegal in every province covered here. Check that your notice was valid and its date has passed, or that the lease has really ended, then apply to your tenancy office for an order. Bring a copy of the notice or lease and proof of how and when you served it. See how to evict a tenant for the full process.

How long does a tenant have to move out?

Until the termination date on a valid notice, the date in a signed agreement to end the tenancy, or the end of a fixed term in provinces where it simply ends (Alberta, Saskatchewan, New Brunswick and Nova Scotia). Landlord notice periods run from about 10 days for unpaid rent to several months for a landlord's own use; see how much notice a landlord has to give. Once there is an order of possession, the tenant has until the date in the order, after which it can be enforced.

How long can a tenant refuse to leave?

Until an order of possession is enforced, and dispute and appeal windows can add time. In British Columbia a tenant has 5 days to dispute a 10 Day Notice for unpaid rent and 10 days to dispute a One Month Notice for cause. Nova Scotia orders can be appealed within 10 days, New Brunswick eviction orders can go to the Court of King's Bench within 7 days, and PEI orders can be appealed to IRAC within 20 days (7 for non-payment or cause), which puts the order on hold. Applying promptly once the notice date passes is the best way to shorten the wait.

Tenant not leaving after court order?

Take the order to the enforcement office your province uses. In Alberta, file it with the Court of King's Bench, serve it and hire a civil enforcement agency; in British Columbia, file it with the B.C. Supreme Court and use a court bailiff. Manitoba and Saskatchewan use a writ of possession carried out by the sheriff, Ontario uses the Court Enforcement Office (Sheriff), and Nova Scotia first makes the order a Small Claims Court order. New Brunswick, PEI and Newfoundland and Labrador send the order to the sheriff.

Can a tenant refuse to leave after signing N11?

An N11 sets an agreed date to end an Ontario tenancy, but it does not let the landlord remove a tenant who stays. The landlord has to apply to the Landlord and Tenant Board for an eviction order, and only the Court Enforcement Office (Sheriff) can enforce it. A landlord also cannot require a tenant to sign an N11 in the first place. Changing the locks without giving the tenant a key is illegal, even after an N11.

What to do if tenant leaves items behind?

First make sure the tenant has really moved out or abandoned the unit; until then, their belongings are off limits. Each province sets its own process: Nova Scotia uses Form A, PEI has an abandonment procedure in its Act and bars keeping abandoned property to cover rent, and Manitoba allows abandoned property to be removed, stored, sold or disposed of only under the Act's rules. Newfoundland and Labrador requires the landlord to store belongings for 30 days and never keep, sell or dispose of them to cover money owed, and New Brunswick says a landlord cannot withhold a tenant's belongings or dispose of them without a residential tenancies officer's decision. Check your tenancy office's process before removing or selling anything.

What to do if tenant moves out without paying rent?

Apply to your tenancy office for an order for the rent owed, and deal with any deposit you hold under your province's deposit rules. File in time: the RTDRS in Alberta allows 2 years from when the claim is discovered, and Newfoundland and Labrador has a one-year limit on applications. If the tenant left before the end of a fixed term or notice period, you must also try to re-rent; Alberta, British Columbia and Ontario all require reasonable steps to keep the loss down. See what to do if a tenant doesn't pay rent.

Do tenants have to clean when moving out?

Yes, to a reasonable standard, though not for normal wear and tear. British Columbia's Act says a tenant must leave the unit reasonably clean and undamaged except for reasonable wear and tear, and Alberta's Act requires the tenant to keep the premises reasonably clean. Manitoba's Residential Tenancies Branch looks at whether the unit was left "ordinarily clean" when deciding who keeps the security deposit. In Alberta, a landlord can deduct cleaning costs from the security deposit only if the tenant agreed to cleaning charges and the inspection reports were done.

Tenant won't move out after lease?

It depends on whether the lease actually ended. In Alberta, Saskatchewan, New Brunswick and Nova Scotia a fixed-term lease ends on its date, so you can apply for an order if the tenant stays, as long as you have not created a new tenancy by accepting rent (or, in Saskatchewan, by agreeing to new terms after your Two Month Notice of Intention). In British Columbia without a valid vacate clause, and in Ontario and PEI, the tenancy carries on month to month, so you need a lawful reason and the proper notice before you can apply. In Newfoundland and Labrador you must have given 3 months' notice before the end of the term.

Tenant won't leave after eviction notice?

A notice on its own does not remove a tenant. In Ontario the tenant does not have to leave just because a notice was served. If the tenant stays, you apply to the Landlord and Tenant Board, and most applications must be filed within 30 days after the termination date in the notice (applications for unpaid rent have no deadline). The tenant can explain at the hearing why they should not be evicted or ask for more time.

In every province covered here, a landlord needs an order from the tenancy office or tribunal before a tenant who stays can be removed, and the order is then enforced through the sheriff or a court-authorized bailiff (see the table above). Check whether the tenant disputed the notice first: in British Columbia, for example, a tenant has 5 days to dispute a 10 Day Notice and 10 days to dispute a One Month Notice for cause. Do not change the locks or move their belongings out in the meantime.

Tenant refuses to vacate in Ontario: when does the sheriff get involved?

Once the Landlord and Tenant Board has issued an eviction order and the tenant has not left, file the order with the Court Enforcement Office of the Superior Court of Justice, also called the Sheriff's Office. Only that office can enforce an eviction order, the Board does not enforce it, and the office charges the landlord a fee. The order expires if it is not filed with the Sheriff within six months after it takes effect.

Some steps can pause enforcement: a tenant who moves to set aside an order made without a hearing within 10 days, or who appeals to the Divisional Court within 30 days (on a question of law), gets an automatic stay. A tenant can also ask the Board to review an order within 15 days for orders made on or after July 1, 2026. Changing the locks yourself is illegal in Ontario unless it follows a Sheriff's eviction or you are sure the unit is abandoned.

Tenant not moving out on the agreed date?

An agreed date works only if the tenancy really ended on it, for example through a signed agreement to end the tenancy (an N11 in Ontario, form RTB-8 in British Columbia) or a fixed term that ends on its own in Alberta, Saskatchewan, New Brunswick and Nova Scotia. If the tenant stays past that date, you still cannot remove them yourself: apply to your tenancy office for an order of possession, which is then enforced through the sheriff or a court-authorized bailiff. Bring the signed agreement or lease and your messages about the move-out date.

Be careful about taking rent after the agreed date, because in Alberta and New Brunswick, accepting rent after a fixed term ends with no new lease creates a new periodic tenancy, and in Nova Scotia a tenant who stays with the owner's consent is treated as month-to-month. As SQRFT advice, send a short written reminder of the date, say that you will apply for an order if the tenant stays, and keep copies.

Government sources

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

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