Termination Vs Eviction

The terms termination and eviction are often used interchangeably, but they refer to very different stages in the rental process and carry different legal implications.

A termination is the formal act of ending a tenancy. This is typically done by serving a valid Notice of Termination from either the landlord or the tenant. For landlords, this must comply with the rules set out in the Residential Tenancies Act, including giving the correct notice period, providing a valid reason (if required), and delivering the notice in the proper format. Termination is a legal and structured step to bring the tenancy to an end.

An eviction, on the other hand, only takes place when a tenant fails to vacate the property after the tenancy has been properly terminated. In this case, the landlord cannot simply remove the tenant themselves. Instead, they must seek enforcement through the Residential Tenancies Board (RTB) or the District Court to obtain a formal order for possession. It’s important to note that attempting to remove a tenant without this legal process could be considered an illegal eviction, which carries serious consequences.

In summary, termination is the legal notification to end a tenancy, while eviction is the enforcement process used when a tenant refuses to leave after that termination has taken effect.