Recovery of possession is the lawful route a Jamaican landlord follows to get premises back when a tenant refuses to leave. It begins with a valid notice to quit and, if that is ignored, continues through a tribunal or court rather than any form of self-help.
The process
Once the notice has expired, the landlord applies for an order for possession, usually in the Parish Court for the parish where the property is located. For residential premises under the Rent Restriction Act, the landlord must prove the ground stated in the notice, such as rent arrears, breach, nuisance or genuine need for the property. Rent disputes and arrears are also dealt with by the Rent Assessment Board, which landlords and tenants are generally expected to approach first on rent matters. If an order is granted, the judge sets a date by which the tenant must leave; a tenant may apply for more time. If the tenant still remains, the landlord pays the bailiff’s fees and the bailiff carries out the eviction.
What landlords must not do
Changing locks, removing doors, cutting off water or electricity, or putting belongings outside to force a tenant out is unlawful harassment and an offence under the Act, whatever the arrears.
Because a defective notice or wrong procedure can mean starting again, landlords usually involve an attorney, and tenants facing proceedings can seek legal aid.
Related terms: Eviction, Notice to Quit, Unlawful eviction, Parish Court, The Rent Restriction Act, Repossession.
Accurate as at October 2026. Rent legislation can be amended.
