A property manager/owner can remove a rooming accommodation tenant but there is a strict process that must be followed.
A property manager/owner can remove a tenant only when:
- property manager/owner has given the tenant a Notice to leave (Form R12)
- the date the tenant has to leave by has passed, and
- the tenant refuses to leave.
In most cases, the tenant will leave peacefully through negotiation.
Removing the tenant immediately
If the tenant has caused a serious breach, the property manager/owner can ask the tenant, in writing, to leave immediately. Reasons include:
- the tenant has used their room, or a common area, in a way that breaks the law (e.g. using or dealing drugs)
- the tenant, or their guest, has (on purpose) damaged or destroyed a part (or all) of their room, or a facility (e.g. kitchen, bathroom)
- the tenant has put another person in danger, or
- the tenant has seriously affected another tenant's peace, comfort and privacy, or another tenant's use of their room, or a common area.
If the tenant refuses to leave the property, the property manager/owner and anyone helping them, can enter the tenant’s room and remove them, and their possession, from the property. The usual entry rules do not apply.
Role of the police
The property manager/owner doesn’t need permission from the RTA or the police to remove a tenant.
They should contact the police if they intend to remove a tenant and believe they will need to use reasonable force. The police will attend as long as there isn't a more urgent call to attend.
The property manager/owner must not intentionally hurt the tenant or endanger their health.
Police will not assist in the physical removal of the tenant or their property.
The tenant may want to dispute their removal, however, it may not prevent them from being removed from the property. If they are wrongly removed they may be able to seek compensation.