MHHS · Residential Tenancies Act
Part 3 — Remedies of Landlords and Tenants
26 Landlord's remedies
agreement, the landlord may apply to a court for one or more of the
following remedies:
(a) where the breach consists of non-payment of rent, recovery
of arrears of rent;
(b) where the breach consists of failing to give up possession of
the residential premises,
(i) recovery of possession of the premises from the
overholding tenant, and
(ii) recovery of compensation for the use and occupation of
the premises by the overholding tenant;
(c) where the breach is a substantial breach, termination of the
tenancy;
(d) recovery of damages resulting from the breach.
(2) An application under subsection (1) must be supported by an
affidavit setting out the following:
(a) if a claim is made for the recovery of arrears of rent, the
amount of rent in arrears and the time during which it has
been in arrears;
(b) if a claim is made for the recovery of damages resulting
from a breach of the residential tenancy agreement, the
details of the breach and the amount of damages claimed;
(c) if a claim is made for the recovery of compensation for the
use and occupation of premises by an overholding tenant,
(i) the date of the expiration of the tenancy or, if the
tenancy was terminated, the method of termination and
the effective date of the termination,
(ii) the reasons for the te nant's failure to vacate the
premises, to the extent known,
(iii) the nature of the use and occupation by the overholding
tenant, to the extent known,
(iv) the rent payable under the prior tenancy agreement, and
(v) the amount of compensation claimed;
(d) if a claim is made for the recovery of possession of the
premises from an overholding tenant,
(i) the date of the expiration of the tenancy or, if the
tenancy was terminated, the method of termination and
the effective date of the termination, and
(ii) the reasons for the te nant's failure to vacate the
premises, to the extent known;
(e) if a claim is made for the termination of the tenancy by
reason of a substantial breach of the tenancy agreement, the
details of the breach and the requested termination date.