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Difference between revisions of "Evictions"
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→Landlord's Use of Property Eviction Notices
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'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse. | '''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse. | ||
If you would like to challenge a Two Month Eviction Notice, you have 15 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice. | |||
===Four Month Eviction Notices=== | ===Four Month Eviction Notices=== | ||
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According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA'', your landlord can issue you a Four Month Eviction Notice if they plan to: | According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA'', your landlord can issue you a Four Month Eviction Notice if they plan to: | ||
* demolish a rental unit; | * demolish a rental unit; | ||
* convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]''; | * convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]''; | ||
* convert the residential property into cooperative housing under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/99028_01 Cooperative Association Act]''; | * convert the residential property into cooperative housing under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/99028_01 Cooperative Association Act]''; | ||
* convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or | * convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or | ||
* convert a rental unit to a non-residential use. | * convert a rental unit to a non-residential use. | ||
If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice. | |||
'''Evictions for renovations:''' The ''RTA'' also allows landlords to evict tenants, with four months’ notice, for major renovations that require a unit to be empty for an extended period. However, unlike other types of evictions, the landlord is required to apply for a dispute resolution hearing through the RTB, rather than serve an eviction notice on the tenant. This means that, for evictions for renovations, the onus to initiate dispute resolution proceedings is reversed. Instead of you being required to dispute an eviction notice by a certain deadline, your landlord is automatically required to apply for the RTB’s permission to evict you. At this mandatory dispute resolution hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to approve the eviction. | |||
'''Permits:''' Your landlord must obtain the necessary permits required by law before issuing you a Four Month Eviction Notice. | '''Permits:''' Your landlord must obtain the necessary permits required by law before issuing you a Four Month Eviction Notice. | ||
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===Landlord did not do what the eviction notice said=== | ===Landlord did not do what the eviction notice said=== | ||
Your landlord must follow through with | Your landlord must follow through with the reason for your eviction. If your rental unit is not used for the stated purpose for at least six months, beginning within a reasonable period after the notice takes effect, your landlord may owe you 12 months of your previous rent as compensation. For example, a landlord may claim that they are moving in, but instead rent the unit to a new tenant at a higher rent. | ||
'''Burden of proof''': When applying for 12 months’ rent as compensation, the burden of proof will be on your landlord. This means that, while you will be given the opportunity to present evidence at the hearing, the onus will be on your landlord to convince the arbitrator that they used the property for the stated purpose of ending your tenancy. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section51 section 51] of the ''RTA'' for more information. | |||
'''Extenuating circumstances''': The RTB has the power to excuse the landlord from paying 12 months’ rent as compensation in “extenuating circumstances”. For example, if a landlord ends a tenancy to move in a parent, and then the parent dies one month after moving in, the landlord may be excused because the situation that unfolded could not have been reasonably anticipated and was out of the landlord’s control. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl50.pdf Policy Guideline 50] for more information. | |||
===Fixed term tenancies and Landlord’s Use Eviction Notices=== | ===Fixed term tenancies and Landlord’s Use Eviction Notices=== | ||
