Notice to Quit vs. an Eviction Order
When a landlord begins the eviction process, a tenant is typically served a form called a Notice to Quit. It’s important for tenants to know that this form alone is not an eviction order – even though it often has a date for the tenant to move out.
Functionally, a Notice to Quit notifies a tenant that the landlord wants them out of the unit on the date listed and gives a reason why. In every eviction (except for unpaid rent) a tenant doesn’t have to leave just because the landlord gave them a Notice.
An Eviction Order is an order from the Director of Residential Tenancies (or a Residential Tenancies Officer) for a tenant to leave the unit and can only be obtained by filing for vacant possession at Residential Tenancies. An Eviction Order is legally enforceable, and a Sheriff or Deputy Sheriff can physically remove a tenant and their belongings from the unit if they do not comply.
Click HERE to see examples of a Notice to Quit - when you get one of these forms, you do not necessarily have to move out
Click HERE to see examples of Eviction Orders from previous Residential Tenancies decisions - when you get one of these, you have to move out on the date in the Order unless otherwise specified.
When a tenant is served a Notice to Quit, they have three options:
They can agree to the Notice and move out on the date specified.
They can ignore the Notice and wait for a landlord to file for an Eviction Order
They can challenge the Notice at Residential Tenancies and fight to have the Notice thrown out.
For more details on challenging a Notice to Quit and Residential Tenancies, see Disputes & Resolutions.
If a tenant challenges a Notice to Quit, the landlord cannot show the unit to potential tenants until the dispute has been resolved.
Watch out! It’s not always possible to challenge or ignore a Notice to Quit. Everyone’s rental situation is unique. If you’ve received a Notice to Quit or a Notice of Hearing and are unsure what to do, reach out to Dalhousie Legal Aid at 902-423-8105.
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Many landlords try to pass a Notice to Quit off as an Eviction Order. Many more landlords don’t even know the difference between the two. Some landlords do not want the hassle of going to the Tenancy Board and will try to get you out of the unit without an Eviction Order or try to convince you that the Notice to Quit means you have to leave.
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If you intend to fight to stay in the unit it’s always best to challenge the Notice before the landlord files for an Eviction Order.
As soon as you receive a Notice to Quit, start documenting everything in case you have to go to Residential Tenancies. More information on preparing for a Hearing is in Disputes & Resolutions.
Don’t be afraid to assert your rights! Your landlord is already trying to evict you, and you have a lot to lose by doing nothing.
Reach out to your neighbours and people in the community who might be able to help you in case your landlord uses escalating tactics to get you out.
