The eviction process: an overview

The short version

• Only a court can order an eviction, and only the sheriff may carry it out.
• No self-help: lockouts, removing doors or belongings, or cutting off water or electricity without a court order are unlawful, and a lockout or utility cut-off is a criminal offence (Rental Housing Act s16(hA)).
• A Tribunal complaint pauses things: once a complaint about an unfair practice is lodged with the Rental Housing Tribunal, the landlord may not evict until the Tribunal rules or 3 months pass, whichever is first, and the tenant must keep paying the rent (s13(7)).

The steps, in outline

1. The lease is cancelled lawfully first, for example after written notice of a breach under the lease and CPA s14.
2. The landlord applies to court for an eviction order under the PIE Act. Only a court can order an eviction.
3. The court serves written notice on the occupier and the municipality at least 14 days before the hearing.
4. The court decides whether eviction is just and equitable, considering all relevant circumstances, including the needs of the elderly, children, disabled people and households headed by women.
5. If an order is granted, the court sets a just and equitable date to leave. Only the sheriff may carry out the eviction.

What the court must consider

The court must serve written and effective notice of the proceedings on the occupier and the municipality at least 14 days before the hearing (PIE s4(2)). The notice must give the date and time of the hearing and the grounds, and say that the occupier may appear, defend the case and apply for legal aid (s4(5)).

The court may grant an eviction order only if it is just and equitable, after considering all relevant circumstances, including the rights and needs of the elderly, children, disabled persons and households headed by women. If the occupier has been there for more than 6 months, the court also considers whether other land can reasonably be made available (s4(6) and (7)). The court sets a just and equitable date to leave (s4(8)).

In urgent cases, where there is a real and imminent danger of substantial injury or damage, a court may grant an interim order (PIE s5).

For tenants

Do not ignore court papers. Attend the hearing, explain your circumstances, and ask for legal aid if you need it. Keep paying what you can and keep proof of every payment.

For landlords

Cancel the lease lawfully first (see the notice period calculator), keep records of arrears and notices, and instruct an attorney for the court application. Do not use self-help.