521
edits
Difference between revisions of "Evictions"
From Clicklaw Wikibooks
m
no edit summary
Nate Russell (talk | contribs) |
m |
||
| Line 14: | Line 14: | ||
If the landlord just tells you to get out, or gives you a notice that is not on the proper form, don’t ignore it. Write a letter to the landlord and say that the eviction is not legal. Keep the eviction notice and a copy of your letter. | If the landlord just tells you to get out, or gives you a notice that is not on the proper form, don’t ignore it. Write a letter to the landlord and say that the eviction is not legal. Keep the eviction notice and a copy of your letter. | ||
You can use TRAC's template demand letter, [http:// | You can use TRAC's template demand letter, [http://tenants.bc.ca/template-letters/ Response to Illegal Eviction Notice]. | ||
== Illegal activity == | == Illegal activity == | ||
| Line 119: | Line 119: | ||
*you did dispute the Notice to End Tenancy, but the Residential Tenancy Branch has refused to cancel the notice. | *you did dispute the Notice to End Tenancy, but the Residential Tenancy Branch has refused to cancel the notice. | ||
If your landlord requests an order of possession in either of these two situations, a Residential Tenancy Branch | If your landlord requests an order of possession in either of these two situations, a Residential Tenancy Branch arbitrator will grant the request. | ||
Even after getting an order of possession, the only legal way a landlord can forcibly evict you is by obtaining a writ of possession from the BC Supreme Court, and then hiring a court bailiff to enforce the writ. It is illegal for a landlord to remove your belongings from the rental unit without a writ and an authorized court bailiff. However, be aware that if you stay past the date on an order of possession, you will be liable to pay the landlord compensation for the extra time you stayed at the unit. As well, if the landlord has to resort to hiring a court bailiff, you will be liable for the court bailiff fees. | Even after getting an order of possession, the only legal way a landlord can forcibly evict you is by obtaining a writ of possession from the BC Supreme Court, and then hiring a court bailiff to enforce the writ. It is illegal for a landlord to remove your belongings from the rental unit without a writ and an authorized court bailiff. However, be aware that if you stay past the date on an order of possession, you will be liable to pay the landlord compensation for the extra time you stayed at the unit. As well, if the landlord has to resort to hiring a court bailiff, you will be liable for the court bailiff fees. | ||
| Line 146: | Line 146: | ||
*medical and dental aids. | *medical and dental aids. | ||
If your belongings are removed from your rental unit by court bailiffs, contact the court bailiff company right away about getting them back. Normally court bailiffs put removed property into storage, and you have two days to claim these exemptions | If your belongings are removed from your rental unit by court bailiffs, contact the court bailiff company right away about getting them back. Normally court bailiffs put removed property into storage, and you have two days to claim these exemptions. | ||
===Role of police=== | ===Role of police=== | ||
| Line 169: | Line 169: | ||
===Resources and forms=== | ===Resources and forms=== | ||
*TRAC Template Demand Letters - [http:// | *TRAC Template Demand Letters - [http://tenants.bc.ca/template-letters/ Response to Illegal Eviction Notice] | ||
*RTB [http://www.rto.gov.bc.ca/documents/RTB-33.pdf One Month Notice to End Tenancy] | *RTB [http://www.rto.gov.bc.ca/documents/RTB-33.pdf One Month Notice to End Tenancy] | ||
*RTB [http://www.rto.gov.bc.ca/documents/RTB-32.pdf Two Month Notice to End Tenancy] | *RTB [http://www.rto.gov.bc.ca/documents/RTB-32.pdf Two Month Notice to End Tenancy] | ||
