Eviction From a Rent-Controlled Property: What Tenants Need to Know

If you repeatedly breach your tenancy agreement, your landlord may take steps to regain possession of the property. For rent-controlled units (ARV $22,800 or below), landlords must follow the rules set out in the Rent Increases (Domestic Premises) Control Act 1978. This law outlines the specific grounds a landlord can rely on to evict a tenant and the formal process they must follow.

Legal Grounds for Eviction Under Rent Control

A landlord of a rent-controlled property may apply to evict a tenant for the following reasons:

• Non-payment of rent or breach of the tenancy agreement, such as property damage, unapproved sub-letting, or allowing unauthorized occupants.

• The landlord or an immediate family member (parent, child, or grandchild over 18) needs to live in the unit.

• The landlord plans to rebuild or complete major repairs that cannot be done while the property is occupied.

• The tenant is considered “undesirable” under the Act.

• The tenant lives in a building also occupied by the landlord, and the landlord requires the unit (applies only if the building has three units or fewer).
  

If no written tenancy agreement exists, the Act provides default rules that both landlords and tenants must follow.

What Is an “Undesirable Tenant”?

Under the Act, a tenant may be considered undesirable if they:

• Use the property for illegal activities.

• Allow people of bad character onto the premises regularly.

• Cause repeated disturbance, damage, or annoyance to neighbours or the landlord.

• Are habitually in rent arrears (two or more weeks overdue repeatedly) and owe two months or more at the time the notice is served.
  

Before a landlord can evict an undesirable tenant, they must give the tenant a chance to fix the issue. If the issue is not resolved, the landlord can apply to the court for permission to serve a Notice to Quit. The matter will then be reviewed by the Rent Increases Arbitration Tribunal, which may:

• Confirm the Notice to Quit,

• Suspend it and order the tenant to fix the issue, or

• Cancel it entirely if the tenant is not deemed undesirable.

What Is a Notice to Quit?

A Notice to Quit is a formal legal notice informing a tenant that they must correct a breach or leave the property by a stated date. It does not give the landlord the automatic right to evict the tenant; it simply begins the legal process.

A valid Notice to Quit must include:

• The tenant’s full name

• The rental property address

• The ground for eviction

• The date the tenant must vacate
  

If any of this information is missing, the Notice may be invalid.

Tenants who receive a Notice to Quit should contact their landlord immediately to discuss the issue. In many cases, negotiating a repayment plan or fixing a breach can stop the eviction process.

Responding to a Notice to Quit

A tenant has the right to dispute a Notice to Quit by serving a Counter Notice within 14 days. The Counter Notice must:

• Explain why the eviction is disputed, and

• Be submitted in triplicate to the landlord and the Rent Commissioner.
  

If the landlord receives a Counter Notice, they must re-apply to the Magistrates’ Court within 14 days. If they fail to do so, the Notice to Quit becomes void and the process must start over.

When Is an Eviction Considered “Oppressive”?

A tenant may apply to the court to pause an eviction if the landlord’s actions are considered oppressive. This applies when:

• The tenant is actively trying to fix the breach

• The issue is minor or trivial

• Eviction would be unreasonable in the circumstances
  

This application must be made within 12 days of receiving the Notice to Quit. Delaying may harm a tenant’s ability to seek relief.

Possession Orders

If a tenant does not leave after the Notice to Quit expires, the landlord must apply for a Possession Order. The court will look at:

• Whether the landlord acted reasonably

• Whether the tenant was warned about the breach

• Whether the tenant has taken steps to fix the issue

• Whether breaches continue
  

The court may issue:

• Outright Possession Order

  The tenant must leave by a set date. If they do not, the landlord can request a Warrant of Eviction.

• Suspended Possession Order

  The tenant may stay as long as they follow certain conditions (e.g., making payments toward rent arrears).

• Postponed Possession Order

  Similar to a suspended order, but without a fixed possession date. If the tenant breaches the agreement, the landlord must give at least 14 days’ notice before returning to court to set a new date.

  
  

Warrant of Eviction: What It Means

If you receive a possession order, whether outright or because you did not follow the terms of a suspended or postponed order you must leave the property by the date stated. If you do not, your landlord can apply to the court for a Warrant of Eviction.

A Warrant of Eviction gives your landlord legal authority to appoint a bailiff to visit your home and remove you and your belongings. Once a warrant is granted, the bailiff will send you a Notice of Eviction, which tells you the exact date and time they will come to the property. This advance notice is meant to give you time to gather your belongings and plan for alternative housing.

During an eviction:

• Bailiffs must act reasonably, but they may use reasonable force to enter the home or remove you if necessary.

• Locks will be changed if you refuse to hand over the keys—or if you are not home at the time.

• Bailiffs normally will not remove your belongings unless the landlord gets another court order giving them that authority.

• Police may attend only to prevent a breach of the peace; they cannot assist in the eviction itself.

• Once evicted, you generally cannot re-enter the property.
  

If you are struggling to find alternative housing, Consumer Affairs strongly recommends not committing to long-term leases you cannot afford or that do not meet your needs. Consider short-term options such as vacation rentals, shared housing, or staying with family until stable accommodation becomes available.

Suspending or Postponing a Warrant of Eviction

If your eviction date is approaching and you still have not secured suitable housing, you may ask the court to postpone or suspend the enforcement of the Warrant of Eviction.

To request this, you must apply to the court and explain:

• Why you fell behind or failed to comply with the court order;

• What has changed that will allow you to comply going forward.
  

You must provide supporting evidence. Simply stating that you will become homeless is not enough to have a warrant suspended.

A court may:

• Suspend the eviction for a set period (rare and only in very specific circumstances, such as a warrant being issued incorrectly); or

• Postpone the eviction for a short time (e.g., a few weeks) so you can find housing.
  

In both cases, you must continue paying rent during any suspension or postponement.

You should make this application immediately after receiving the Warrant of Eviction ideally within 7 days because filing late may reduce your chances of success. A court filing fee will apply.

If your application is denied and you may become homeless, the Bermuda Housing Corporation (BHC) may be able to assist. Contact them as early as possible.

You might also persuade your landlord to let you stay if:

• Your financial situation has improved and you can now pay your rent/arrears; or

• Your landlord has not followed the proper legal eviction procedures.

Disputing an Eviction in Court

You may need to go to court to:

• Dispute a Notice to Quit, or

• Pause a Warrant of Eviction.
  

Once you submit your defense form and documents, the court will schedule a possession hearing. It is very important that you attend.

If you cannot attend

You must:

• Contact the court immediately,

• Explain why you cannot attend, and

• Provide proof (such as a medical note or emergency documentation).
  

Courts may reschedule the hearing or arrange for you to attend by phone or video.

If you do not attend and do not provide a valid reason, the landlord will likely win the case by default.

If an emergency prevented you from notifying the court (e.g., accident on the way), you should:

• Contact the court immediately,

• Provide evidence, and

• Ask for the default judgment to be set aside.
  

Courts may then reschedule your case.

What Happens After the Possession Hearing

After the hearing, the court will issue a written decision. The court may:

• Allow you to stay until a later date (postpone eviction);

• Decide that the eviction should not proceed; or

• Allow you to stay only if you follow certain conditions, such as paying rent on time or repairing damage.
  

If the court rules that you must leave, it may give you extra time, such as 30 days, to find new accommodation.

You may appeal the court’s decision only if there were legal or procedural errors in the hearing. Appeals are rarely successful and often costly.

If you still do not leave by the date in the possession order, the landlord must apply for a Warrant of Eviction, which authorizes the bailiff to remove you.