Condominium Board’s Right to Evict

The Condominium Property Act gives the condominium board the power to evict a tenant who has:

  • caused damage, other than normal wear and tear, to the common property or any other property of the condominium corporation; or
  • violated one of the condominium’s bylaws.

After the tenant has committed one of the above acts, the condominium board has to give the tenant written notice to give up possession of the unit. The notice must also be served on the owner of the unit.  The owner cannot prevent the condominium board from evicting the tenant.

The tenant must move out by the last day of the month immediately following the month the notice is served. For example, if the notice was served on May 14, the tenant would need to leave by June 30.

If a tenant has received a notice to give up possession but does not move out, the condominium board has the right to make an application in the Court of Queen’s Bench for an order requiring the tenant to leave.