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A legal proceeding in which a landlord asks the court to order a tenant out of the property due to a lease breach or the end of the tenancy term.
Eviction claims are submitted to either the Magistrate's Court or Small Claims Court, depending on the monetary scope. The filing details the specific breach—such as unpaid rent, property damage, or unlawful holdover—and provides supporting evidence like contracts, demand letters, and payment records. While landlords request a quick eviction order, proceedings can take anywhere from a few months to a year, based on court backlogs and case complexity.
The court evaluates the case and allows the tenant to present a defense. If the judge rules for the landlord, an eviction order is issued setting a firm deadline to vacate. Should the tenant refuse to leave voluntarily, the landlord can request enforcement through the Execution Office, which will carry out a physical eviction accompanied by court officers and police assistance.
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Related terms
Fundamental Breach
A severe breach of the lease agreement that entitles the harmed party to terminate the contract and seek damages, such as repeated non-payment of rent or intentional property damage.
Holdover Tenant
A tenant who remains in the rental property after the lease expires without entering a new agreement or exercising an agreed-upon option.
Cure Period
A designated timeframe granted to the breaching party to correct a violation before the other side can legally cancel the agreement or take court action.
The information in this glossary is for general informational purposes only and does not constitute legal advice. In the event of a dispute or a specific legal question, consult an attorney specializing in tenancy law.