Difference between revisions of "Evictions"

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{{DEMOWARNING}}
{{Tenant Survival Guide TOC}}
{{Tenant Survival Guide TOC}}
''Do'' insist on receiving a written eviction notice on a proper government form. ''Don't'' sign a mutual agreement to end tenancy form, unless you want to move out and you do not expect to get compensation for moving.
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' dispute eviction notices within the required timelines. Failing to do so means that, from a legal standpoint, you are accepting the end of your tenancy and agreeing to move out.


== Notice ==
'''DO NOT:''' let a landlord illegally kick you out of your rental unit. Only a court-approved bailiff can physically remove you and your possessions.


Your landlord can only evict you for certain reasons set out in law, and must give you written notice. Landlords should use a form from the [[Residential Tenancy Branch]]. On the notice, the landlord must provide information required by law, including reasons for the eviction and how you can challenge the eviction. If the landlord does not use this form or provide required information, the notice may not be legal. Check in the forms section of the [http://www.rto.gov.bc.ca/ Residential Tenancy Branch website]. Never ignore an eviction notice, even if you think it is not legal.
==Types of evictions==


===Challenging an eviction===
[[File:Tenant being evicted.jpg | right | frame | link= ]]
 
An eviction occurs when a landlord legally forces a tenant to move out of a rental unit. If your landlord wants to evict you, they must give you an approved notice with an acceptable reason for eviction according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.
 
There are four main types of eviction notices:
# 10 Day Notice for Non-Payment of Rent;
# One Month Notice for Cause;
# Two Month Notice for Landlord’s Use of Property; and
# Four Month Notice for Landlord’s Use of Property.
 
==10 Day Notice for Non-Payment of Rent==
 
Your landlord can evict you for not paying rent, even if you are only a few dollars short or one day late. If you receive A 10 Day Eviction Notice, you have five days to pay up in order to cancel the eviction. Alternatively, if your landlord is lying, you have five days to apply for dispute resolution so that you can prove to an arbitrator that you did in fact pay your full rent on time. If you choose neither of those options within five days of receiving the eviction notice, you will be expected to move out by the 10th day. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)'' for more information.
 
'''Direct Request:''' A 10 Day Eviction Notice is the most serious of the four types of evictions. If you do not pay your rent or apply for dispute resolution within five days of receiving the notice, your landlord can use the Residential Tenancy Branch’s “Direct Request” process to quickly obtain an Order of Possession without even participating in a dispute resolution hearing.
 
'''Utilities:''' If you fail to pay for utilities charges you owe, your landlord can give you a 10 Day Eviction Notice, but only after giving you 30 days written notice demanding payment.
 
'''No excuses:''' The ''RTA'' does not have any “hardship” provisions. This means that you can be evicted from your home even if you have a disability, lose your job, or it’s winter. In addition, being evicted for non-payment of rent does not relieve you of your responsibility to pay the full rent for that month. If you are evicted by the 11th day of the month, your landlord could still go after you for the entire month of rent.
 
==One Month Notice for Cause==
 
The most common reasons for receiving a One Month Eviction Notice are:
* unreasonably disturbing your landlord or other occupants;
* repeatedly paying rent late;
* seriously damaging your rental unit or building;
* not fixing or paying for damage caused by you, your guests, or your pets;
* causing danger to your landlord or other occupants;
* having too many occupants living in your rental unit;
* engaging in illegal activity that negatively affects your rental unit, building, landlord, or other occupants; and
* breaching a “material term” (serious rule) of your tenancy agreement and ignoring a written warning from your landlord.
 
There are other less common reasons for receiving a One Month Eviction Notice. For a full list, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''Residential Tenancy Act (RTA)''.
 
If you feel that your landlord has unfairly given you a One Month Eviction Notice, you have 10 days to challenge the notice by applying 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.
 
'''Repeated late payment of rent:''' You can receive a One Month Eviction Notice if you pay rent late at least three times within an unreasonable short period. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy  Guideline 38] for more information.
 
'''Occupant limit:''' Your tenancy agreement may limit the number of permanent occupants allowed in your rental unit. If so, your landlord would have a strong case for eviction if you exceeded the maximum. However, even if your tenancy agreement does not include a term about the occupant limit, your landlord can still give you a One Month Eviction Notice for Cause under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47(1)(c)] of the ''RTA'' if they believe you have moved in an unreasonable number of roommates.


You can challenge an eviction by applying for a [[Dispute Resolution for Tenants|dispute resolution hearing]] through the Residential Tenancy Branch. The eviction notice must state the reason you are being evicted. Each type of eviction has a different notice period to move out. There are time limits for applying to challenge an eviction, so act quickly. Below are the types of evictions, reasons, and number of days you have to move out or challenge the eviction.
===Move out date===


===What if the landlord doesn’t follow the rules?===
If you do not dispute your eviction, you have until the last day of the next month to move out (assuming you pay rent on the 1st of the month). For example, if you receive a One Month Eviction Notice on March 5th, you would have to move out by April 30th. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure they understand that you are not illegally overholding the rental unit.


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.
===Early eviction===


You can use [http://www.tenants.bc.ca/main/?Templatedemandletters TRAC's template demand letter - Response to Illegal Eviction Notice].
If you are causing extremely serious problems, your landlord can ask the RTB for permission to evict you before a One Month Eviction Notice would take effect. Your landlord is not required to give you an eviction notice before applying for this type of dispute resolution hearing. However, they must provide you with notice of the hearing so that you have a chance to present evidence and defend yourself to an arbitrator.  


== Illegal activity ==
If an arbitrator determines that it would be unreasonable or unfair to the landlord or other occupants of your building to wait for a One Month Eviction Notice to take effect, your landlord will be given an Order of Possession to take back your rental unit on an earlier date. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section56 section 56] of the ''RTA'' for more information.


Under the ''Residential Tenancy Act'' a landlord can evict a tenant for illegal activity. Depending on the severity of the illegal activity the landlord may give the tenant a one month notice to move out, or may apply for a Residential Tenancy Branch order to get the tenant out right away. A tenant does not have to be convicted or even charged with a crime to be evicted for illegal activity. The standard of proof for ending a tenancy for illegal activity is the same as it is for ending the tenancy for cause. It is based on a "balance of probabilities."
==Landlord's Use of Property Eviction Notices==


===What sort of illegal activities can a tenant be evicted for?===
===Two Month Eviction Notices===


Not just any illegal activity is grounds for eviction. In order for a landlord to end a tenancy due to illegal activity, the illegal activity must:
According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 sections 49] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49.1 49.1] of the ''Residential Tenancy Act (RTA)'', you may receive a Two Month Eviction Notice if:
*cause or be likely to cause damage to the landlord’s property,
* your landlord, or a “close family member” of your landlord, wants to occupy your rental unit
*adversely affect or be likely to adversely affect the quiet enjoyment, security, safety or physical well-being of another occupant of the residential property, or
**Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
*jeopardize, or be likely to jeopardize, a lawful right or interest of another occupant or the landlord.
* your rental unit was sold and the purchaser, or a “close family member” of the purchaser, wants to occupy your rental unit
** Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
* you no longer qualify for your subsidized rental unit


For more information about illegal activity that would be grounds for an eviction see the [http://www.rto.gov.bc.ca/documents/GL32.pdf Residential Tenancy Policy Guideline 32]. ''See sections 47 and 56 of the [[Residential Tenancy Act|RTA]].''
'''“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.


== Eviction for not paying rent ==
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.


*It is a 10 day notice.
===Four Month Eviction Notices===
*You have 5 days to apply for dispute resolution.


Your landlord can evict you for not paying all or part of the rent. Your landlord must wait at least one day after the rent was due before giving you an eviction notice.  
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;
* 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 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.


If you get an eviction notice because you did not pay your rent, you have five days to pay. If you pay all the rent within five days, the notice is canceled. Bring a witness or get a receipt to prove you paid the rent. If you don’t pay the rent within five days, you must move out at the end of the 10 days from when you received the eviction notice. Under the Direct Request Process, the landlord can apply for an Order of Possession without going to a hearing. ''Never ignore an eviction notice.'' The landlord can also take you to dispute resolution to get back any rent you owe. Being evicted for non-payment of rent does not mean that you do not have to pay the rent. You can be evicted and still owe rent. If you have a dispute with your landlord it is best to pay your rent and deal with the dispute through dispute resolution at the Residential Tenancy Branch. ''See sections 46 and 66 of the [[Residential Tenancy Act|RTA]].''
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.


== Eviction for cause ==
'''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.
[[File:Tenant being evicted.jpg | right | frame | link= ]]
*It is a 1-month notice.
*You have 10 days to apply for dispute resolution.


The reasons for a one-month eviction are listed on the second or back page of the notice to end tenancy form. The most common reasons for a one-month eviction notice are:
'''Permits:''' Your landlord must obtain the necessary permits required by law before issuing you a Four Month Eviction Notice.
*disturbing your neighbours,
*repeatedly paying your rent late (three times would be considered "repeated"),
*seriously damaging your place or the building,
*not fixing damage done by you or your guests within a reasonable time,
*causing danger to your neighbours, landlord, or landlord's employees,
*too many people living in your place,
*illegal activity that adversely affects the landlord, building or other occupants of the building, or
*breaking a rule in your tenancy agreement and ignoring a written warning from your landlord.


There are other reasons for a one-month eviction. Read the notice form carefully. You can fight this kind of eviction notice. If your landlord isn’t telling the truth, or if you think the situation is not serious enough to evict you, you can ask for an RTB dispute resolution hearing to overturn the eviction notice. You must apply for a dispute resolution hearing within 10 days of receiving the notice.
'''“Right of first refusal”''': In residential properties containing five or more rental units, tenants being evicted due to renovations or repairs have a “right of first refusal” to return to their unit once the renovations or repairs have been completed.  


If you decide not to fight the eviction, you have one full month (up to the last day of the month following the month you got the notice) before you must move out. Sometimes a landlord puts the wrong date on an eviction notice. If you aren’t sure when you must leave, phone the [http://www.clicklaw.bc.ca/helpmap/service/1085 Tenant Information Line] or the [[Residential Tenancy Branch]]. ''See sections 47 and 48 of the [[Residential Tenancy Act|RTA]].''
If you are interested in being offered a new tenancy agreement for your renovated unit, provide your landlord with written notice of your intention to use your right of first refusal. This will require your landlord to, at least 45 days before the completion of the renovations or repairs, inform you of the date your renovated unit will be available and provide you with a new tenancy agreement for that effective date. Although this may sound like a great opportunity, the problem is that your landlord can set your new rent at whatever amount they desire.


== Eviction for "landlord use" of property ==
There are strict penalties when it comes to this area of the law. If your landlord does not offer you a right of first refusal after you have given proper notice, they could end up owing you 12 months of your previous rent as compensation. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.2 sections 51.2] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.3 51.3] of the ''RTA'' for more information.


*It is a 2-month notice.
===Move out date===
*You have 15 days to apply for dispute resolution.


Even if you never had a problem, your landlord can evict you because they want to use the property. The reasons for a two-month eviction are listed on the second or back page of the notice to end tenancy form. The most common reasons for a two-month eviction notice are:
If you do not dispute a “landlord’s use” eviction notice, your move-out date will be two or four months later, on the last day of the month (assuming you pay rent on the 1st of the month). For example, if you receive a Four Month Eviction Notice on March 5th, you would have to move out by July 31st. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not think you are overholding.
*the landlord or the landlord’s children or parents want to move in,
*your place was sold and the new owner wants to move in (intending to sell or putting the place on the market is not a reason),
*the landlord wants to demolish the building
*the building is being converted to condominiums,
*the landlord wants to renovate your place and the renovations require that the place is empty, or
*you no longer qualify for a subsidized rental unit (in this last case you are not entitled to compensation).


There are other reasons for a two-month eviction. Read the notice form carefully. This kind of eviction notice gives you two full months before you must move out. To fight it, you must apply for a dispute resolution hearing within 15 days of receiving the notice. ''See section 49 of the [[Residential Tenancy Act|RTA]].''
===Compensation===


===Permits are needed for most change of use evictions===
Landlord’s Use of Property Eviction Notices have nothing to do with bad behaviour. For this reason, if you receive a Two Month or Four Month Eviction Notice, you are entitled to one month rent as compensation to help with the financial burden of moving. Your landlord must either pay you this money or give you the last month rent free.


If your landlord wants to evict you to demolish, renovate or convert your place to another use, they must already have permits from the city. Your municipal hall can tell you which permits your landlord needs, and whether your landlord has them. Some cities and towns have special rules if a landlord wants to evict you to demolish the building. The landlord may also need a permit to evict you for renovations or condominium conversion. You can check this with City Hall.
'''Exception:''' The one exception is if you are being evicted because you no longer qualify for your subsidized rental unit. If this is the case, you are not entitled to any compensation.


===Compensation or last month free===
===Tenant giving notice to move out early===


If you are given an eviction notice for "landlord use" you are entitled to one month’s rent as compensation from your landlord. The landlord must either pay you this money or give you the last month’s rent free.  
If you want to move in to another rental unit before the two-month or four-month notice period has ended, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section50 section 50] of the ''RTA'' says that you can give your landlord 10 days written notice and move early. When giving short notice to move out, you are only required to pay for the days you actually live in the rental unit. For example, if you paid the full rent for the first month of a two-month notice period, but then gave 10 days written notice and moved out before the end of that first month, your landlord must pay you back for the days you did not live there. In addition, you are still entitled to one month rent as compensation for the second month of the two-month notice period.  


===You can give short notice===
===Landlord did not do what the eviction notice said===


Because it isn't your fault if you're evicted for landlord use, the law allows you to give short notice to your landlord. You can move out with a minimum of 10 days notice if you find another place before the two months are up. Put your notice in writing. Sign and date the letter to your landlord, and include your current address. Keep a copy of the letter. When you give short notice, you only have to pay for the days that you actually live there (a minimum of 10 days). If you already paid the full month's rent, your landlord has to pay you back for the days you didn't live there. You are still entitled to the equivalent of one month's rent as compensation even if you give your ten day notice to move early.
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 12 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.


===If the landlord doesn't do what the notice said===
'''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.


If the landlord does not use the property for the reason stated on the eviction notice, you can ask for compensation. For example, your landlord might evict you because their immediate relative is moving in, but later you find out that the relative didn’t move in. If for at least six months after you moved the place was not used for the purpose stated on the notice, the landlord owes you the equivalent of double your monthly rent.
'''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.


===Leases and evictions for landlord use===
===Fixed term tenancies and Landlord’s Use Eviction Notices===


If you have a lease (also called a fixed term tenancy agreement), you cannot be evicted for landlord use before the lease runs out. However, if your lease states that at the end of the term of the lease you have to move out, then you have to move out and the landlord does not have to compensate you.
If you have a fixed term tenancy agreement, you cannot be given a Two Month or Four Month Eviction Notice that takes effect before your contract has ended. If your landlord gives you this type of notice, it is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to apply on the last day of your agreement.


===Mutual agreement to end tenancy===
===Selling a rental unit===


A mutual agreement to end tenancy form is a form that both you and your landlord can sign agreeing that your tenancy will end on a certain day. You do not have to sign this form unless you want to sign it. If you do sign it, then you are agreeing to move out, rather than being evicted. That means that you won’t get compensation for moving. It is only a good idea for a tenant to sign a mutual agreement to end tenancy form when you want permission to break a lease or otherwise want to move out early.
When an owner sells a rental unit, the tenant living in that unit may be evicted, but it is not automatic. The new landlord (purchaser) must honour the existing tenancy agreement and can only end it by following the same eviction rules that the previous landlord (seller) would have had to follow.  


== Early eviction ==
If the purchaser wants to occupy the rental unit or have a “close family member” occupy the unit, they can make a request in writing that the seller issue a Two Month Eviction Notice on their behalf, but only after all the conditions of the sale have been satisfied. If the purchaser does not plan on occupying the rental unit, or having a “close family member” occupy the unit, the purchaser will become the new landlord and the tenancy will continue under the existing agreement.


In special cases, your landlord can evict you in a hurry (like in a few days). But the landlord can only do this if you cause an extremely serious problem, for example:
'''“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.
*threatening or beating up other tenants,
*doing very serious damage (trashing a place),
*putting your landlord or other tenants in danger (like starting a fire in your suite), or
*illegal activity that poses an immediate risk to the landlord, building or other occupants.


Your landlord must have an order from the Residential Tenancy Branch to evict you in this way. You will receive a notice of the order of possession hearing. You must go to the hearing if you want to fight the eviction. The landlord does not have to give you an eviction notice before applying for a hearing. ''See section 56 of the [[Residential Tenancy Act|RTA]].''
'''Beware of mutual agreements to end tenancy:''' The Residential Tenancy Branch has a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy” form] that tenants and landlords can use to end their tenancy on an agreed upon date. If your landlord wants to evict you for “landlord’s use”, be careful not to sign this form. Some landlords may try to use a Mutual Agreement to End Tenancy form, instead of an official eviction notice, to avoid having to pay one month rent as compensation.


== Applying for dispute resolution ==
==Deadlines to dispute eviction notices==


To fight an eviction, you must apply for a [[Dispute Resolution for Tenants|dispute resolution hearing]] through the [[Residential Tenancy Branch]] or Service BC Centre.
There are strict deadlines for disputing eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.


:Vancouver area: 604-660-1020
You must apply for dispute resolution within these deadlines. Failing to do so means that, from a legal standpoint, you are accepting the eviction notice and agreeing to move out.
:Outside Vancouver area: 1-800-665-8779


== Order to move out ==
'''Exceptions:''' Arbitrators do have the power to extend a deadline to apply for dispute resolution, but not beyond the effective date of an eviction notice. Extensions will only be granted in exceptional circumstances, such as hospitalization that prevented a tenant from disputing an eviction notice on time.


Your landlord can ask the Residential Tenancy Branch for an Order of Possession in the following two situations:
==Physically removing a tenant==
*your landlord served you with a Notice to End Tenancy and you failed to dispute it within the required timeline, or
*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 dispute resolution officer will grant the request.
There are strict rules when it comes to physically removing a tenant and their possessions from a rental unit. Here are the steps that your landlord must follow:
# Serve you with a copy of a Residential Tenancy Branch (RTB) Order of Possession.
# Wait for the two-day review period to expire. (If you successfully file a RTB Application for Review Consideration during the two-day review period, the RTB will put your Order of Possession on hold. Your landlord must then wait to see if the review is decided in their favour before moving on to the next step.)
# Take the Order of Possession to the BC Supreme Court and obtain a Writ of Possession.
# Use the Writ of Possession to hire a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiff].


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.
'''Overholding:''' If you stay past the move-out date listed on an eviction notice or Order of Possession, you may end up owing your landlord some money. In addition, if your landlord hires a court-approved bailiff to remove you and your belongings from your rental unit, you may be held responsible for at least some of the associated costs.


{{Tipsbox
'''Role of the police:''' The police do not have the authority to evict tenants on their own. However, a court-approved bailiff may ask them to attend an eviction to keep the peace while a tenant is being removed.
| width = 90%
| tips = '''Bailiffs'''
The Attorney General publishes a [http://www.ag.gov.bc.ca/courts/other/bailiff/bailiff-directory.pdf list of authorized court bailiffs]. Only the companies on this list are allowed to enforce a Writ of Possession.
}}


Before using a court bailiff to evict you from your rental unit your landlord must do all of the following:
===List of court-approved bailiffs===
*Serve you with a copy of the Order of Possession.
*Wait for the 2-day review period to expire. (Note: If you file an application for review during the 2-day review period, the RTB might put the Order of Possession on hold until your review application is decided. If that happens, your landlord has to wait until the review is decided, before moving on to the next step.)
*Take the Order of Possession down to the BC Supreme Court Registry, and get a Writ of Possession from the Court. This is a very quick process.
*Once the Writ of Possession is issued, hire a court-appointed bailiff to evict you.


===Warning===
The Attorney General publishes a list of [www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiffs]. Only the companies on this list can legally enforce a Writ of Possession on behalf of a landlord.


There are people in BC who make their living by pressuring tenants to move out, even though they’re not authorized to carry out an eviction. If someone comes to your door claiming to be a bailiff, ask for identification and see if they are on the list of authorized court bailiffs.
'''Warning:''' There are people in BC who are paid money to pressure tenants to move out even though they are not authorized to enforce a Writ of Possession. If someone comes to your door claiming to be a bailiff, always ask for identification.


Court bailiffs carrying out an eviction can seize and sell your personal property to pay their fees, but keep in mind that many items are exempt from seizure and sale, including:
===Court bailiff rules===
*necessary clothing,
*household furnishings and appliances worth up to $4,000,
*one motor vehicle worth up to $5,000,
*tools and other property worth up to $10,000 if they are used to earn income, and
*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. For more information, see [http://www.rto.gov.bc.ca/documents/Fact%20Sheets/RTB-103.pdf RTB Fact Sheet 103: Enforcing and Order of Possession]
Court bailiffs carrying out an eviction can seize and sell your personal property to pay their fees. However, you have the right to claim exemptions to protect the following items:
* necessary clothing;
* household furniture and appliances worth up to $4,000;
* one motor vehicle worth up to $5,000;
* tools and other property worth up to $10,000, if they are used to earn income; and
* medical and dental aids.


===Role of police===
Bailiffs will often give you an opportunity to claim these exemptions when they first show up at your rental unit. If your belongings are taken before you have a chance to claim your exemptions, contact the bailiff company right away. You must claim your exemptions within two days of the date you found out that your property was seized. 


Neither the police nor the RCMP has the authority to evict tenants. The police may attend the occasion to prevent the breach of peace but they cannot play any role in evicting the tenant, however, the police will attend and remove the tenant if required to do so by the court bailiff.
===Illegal lockouts===


==Legislation and links==
An illegal lockout could mean that you are without access to money, medication, work tools, and personal identification. If your landlord locks you out of your rental unit, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] immediately. If your landlord continues to deny you access to your home, you will have to apply for dispute resolution to ask for an Order of Possession and monetary compensation. The RTB considers illegal lockouts a top priority when scheduling hearings.


===Legislation===
==Other ways a tenancy could end==


*''[[Residential Tenancy Act]]''
There are sometimes exceptional circumstances that force tenancies to end unexpectedly. If a flood, fire, or earthquake leaves your rental unit unlivable, your tenancy agreement may be considered a “frustrated contract”, since it would be impossible for your tenancy to continue under those circumstances. See Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl34.pdf Policy Guideline 34] for more information. You may also come across a situation where the property you are living in experiences a foreclosure. This can happen when a bank or another lender takes control of your rental property because the landlord can no longer pay their mortgage.
*''[[Manufactured Home Park Tenancy Act]]''


===Links===
If you find yourself in one of these complicated situations, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] to ask for additional information and assistance.
*[[Residential Tenancy Branch]]
*RTB Policy Guideline 2 - [http://www.rto.gov.bc.ca/documents/GL02.pdf Good Faith Requirement When Ending a Tenancy]
*RTB Policy Guideline 32 - [http://www.rto.gov.bc.ca/documents/GL32.pdf Illegal Activities]
*RTB Policy Guideline 33 - [http://www.rto.gov.bc.ca/documents/GL33.pdf Ending a Manufactured Home Tenancy Agreement - Landlord Use of Property]
*RTB Policy Guideline 38 - [http://www.rto.gov.bc.ca/documents/GL33.pdf Repeated Late Payment of Rent]
*RTB Policy Guideline 39 - [http://www.rto.gov.bc.ca/documents/GL39.pdf Direct Requests]


===Resources and forms===


*TRAC Template Demand Letters - [http://www.tenants.bc.ca/main/?Templatedemandletters 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-32.pdf Two Month Notice to End Tenancy]
*RTB [http://www.rto.gov.bc.ca/documents/RTB-32.pdf 10 Day Notice to End Tenancy]


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[[Category:Tenant Survival Guide]]

Latest revision as of 20:59, 18 June 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Tenant Resource & Advisory Centre, 2018.

DO: dispute eviction notices within the required timelines. Failing to do so means that, from a legal standpoint, you are accepting the end of your tenancy and agreeing to move out.

DO NOT: let a landlord illegally kick you out of your rental unit. Only a court-approved bailiff can physically remove you and your possessions.

Types of evictions

Tenant being evicted.jpg

An eviction occurs when a landlord legally forces a tenant to move out of a rental unit. If your landlord wants to evict you, they must give you an approved notice with an acceptable reason for eviction according to the Residential Tenancy Act.

There are four main types of eviction notices:

  1. 10 Day Notice for Non-Payment of Rent;
  2. One Month Notice for Cause;
  3. Two Month Notice for Landlord’s Use of Property; and
  4. Four Month Notice for Landlord’s Use of Property.

10 Day Notice for Non-Payment of Rent

Your landlord can evict you for not paying rent, even if you are only a few dollars short or one day late. If you receive A 10 Day Eviction Notice, you have five days to pay up in order to cancel the eviction. Alternatively, if your landlord is lying, you have five days to apply for dispute resolution so that you can prove to an arbitrator that you did in fact pay your full rent on time. If you choose neither of those options within five days of receiving the eviction notice, you will be expected to move out by the 10th day. See section 46 of the Residential Tenancy Act (RTA) for more information.

Direct Request: A 10 Day Eviction Notice is the most serious of the four types of evictions. If you do not pay your rent or apply for dispute resolution within five days of receiving the notice, your landlord can use the Residential Tenancy Branch’s “Direct Request” process to quickly obtain an Order of Possession without even participating in a dispute resolution hearing.

Utilities: If you fail to pay for utilities charges you owe, your landlord can give you a 10 Day Eviction Notice, but only after giving you 30 days written notice demanding payment.

No excuses: The RTA does not have any “hardship” provisions. This means that you can be evicted from your home even if you have a disability, lose your job, or it’s winter. In addition, being evicted for non-payment of rent does not relieve you of your responsibility to pay the full rent for that month. If you are evicted by the 11th day of the month, your landlord could still go after you for the entire month of rent.

One Month Notice for Cause

The most common reasons for receiving a One Month Eviction Notice are:

  • unreasonably disturbing your landlord or other occupants;
  • repeatedly paying rent late;
  • seriously damaging your rental unit or building;
  • not fixing or paying for damage caused by you, your guests, or your pets;
  • causing danger to your landlord or other occupants;
  • having too many occupants living in your rental unit;
  • engaging in illegal activity that negatively affects your rental unit, building, landlord, or other occupants; and
  • breaching a “material term” (serious rule) of your tenancy agreement and ignoring a written warning from your landlord.

There are other less common reasons for receiving a One Month Eviction Notice. For a full list, see section 47 of the Residential Tenancy Act (RTA).

If you feel that your landlord has unfairly given you a One Month Eviction Notice, you have 10 days to challenge the notice by applying 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.

Repeated late payment of rent: You can receive a One Month Eviction Notice if you pay rent late at least three times within an unreasonable short period. See Residential Tenancy Branch (RTB) Policy Guideline 38 for more information.

Occupant limit: Your tenancy agreement may limit the number of permanent occupants allowed in your rental unit. If so, your landlord would have a strong case for eviction if you exceeded the maximum. However, even if your tenancy agreement does not include a term about the occupant limit, your landlord can still give you a One Month Eviction Notice for Cause under section 47(1)(c) of the RTA if they believe you have moved in an unreasonable number of roommates.

Move out date

If you do not dispute your eviction, you have until the last day of the next month to move out (assuming you pay rent on the 1st of the month). For example, if you receive a One Month Eviction Notice on March 5th, you would have to move out by April 30th. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to section 53 of the RTA, self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure they understand that you are not illegally overholding the rental unit.

Early eviction

If you are causing extremely serious problems, your landlord can ask the RTB for permission to evict you before a One Month Eviction Notice would take effect. Your landlord is not required to give you an eviction notice before applying for this type of dispute resolution hearing. However, they must provide you with notice of the hearing so that you have a chance to present evidence and defend yourself to an arbitrator.

If an arbitrator determines that it would be unreasonable or unfair to the landlord or other occupants of your building to wait for a One Month Eviction Notice to take effect, your landlord will be given an Order of Possession to take back your rental unit on an earlier date. See section 56 of the RTA for more information.

Landlord's Use of Property Eviction Notices

Two Month Eviction Notices

According to sections 49 and 49.1 of the Residential Tenancy Act (RTA), you may receive a Two Month Eviction Notice if:

  • your landlord, or a “close family member” of your landlord, wants to occupy your rental unit
    • Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
  • your rental unit was sold and the purchaser, or a “close family member” of the purchaser, wants to occupy your rental unit
    • Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
  • you no longer qualify for your subsidized rental unit

“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

According to section 49 of the RTA, your landlord can issue you a Four Month Eviction Notice if they plan to:

  • demolish a rental unit;
  • convert the residential property to strata lots under the Strata Property Act;
  • convert the residential property into cooperative housing under the Cooperative Association Act;
  • 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.

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.

“Right of first refusal”: In residential properties containing five or more rental units, tenants being evicted due to renovations or repairs have a “right of first refusal” to return to their unit once the renovations or repairs have been completed.

If you are interested in being offered a new tenancy agreement for your renovated unit, provide your landlord with written notice of your intention to use your right of first refusal. This will require your landlord to, at least 45 days before the completion of the renovations or repairs, inform you of the date your renovated unit will be available and provide you with a new tenancy agreement for that effective date. Although this may sound like a great opportunity, the problem is that your landlord can set your new rent at whatever amount they desire.

There are strict penalties when it comes to this area of the law. If your landlord does not offer you a right of first refusal after you have given proper notice, they could end up owing you 12 months of your previous rent as compensation. See sections 51.2 and 51.3 of the RTA for more information.

Move out date

If you do not dispute a “landlord’s use” eviction notice, your move-out date will be two or four months later, on the last day of the month (assuming you pay rent on the 1st of the month). For example, if you receive a Four Month Eviction Notice on March 5th, you would have to move out by July 31st. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to section 53 of the RTA, self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not think you are overholding.

Compensation

Landlord’s Use of Property Eviction Notices have nothing to do with bad behaviour. For this reason, if you receive a Two Month or Four Month Eviction Notice, you are entitled to one month rent as compensation to help with the financial burden of moving. Your landlord must either pay you this money or give you the last month rent free.

Exception: The one exception is if you are being evicted because you no longer qualify for your subsidized rental unit. If this is the case, you are not entitled to any compensation.

Tenant giving notice to move out early

If you want to move in to another rental unit before the two-month or four-month notice period has ended, section 50 of the RTA says that you can give your landlord 10 days written notice and move early. When giving short notice to move out, you are only required to pay for the days you actually live in the rental unit. For example, if you paid the full rent for the first month of a two-month notice period, but then gave 10 days written notice and moved out before the end of that first month, your landlord must pay you back for the days you did not live there. In addition, you are still entitled to one month rent as compensation for the second month of the two-month notice period.

Landlord did not do what the eviction notice said

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 12 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 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 Policy Guideline 50 for more information.

Fixed term tenancies and Landlord’s Use Eviction Notices

If you have a fixed term tenancy agreement, you cannot be given a Two Month or Four Month Eviction Notice that takes effect before your contract has ended. If your landlord gives you this type of notice, it is still valid but, according to section 53 of the RTA, self-corrects to apply on the last day of your agreement.

Selling a rental unit

When an owner sells a rental unit, the tenant living in that unit may be evicted, but it is not automatic. The new landlord (purchaser) must honour the existing tenancy agreement and can only end it by following the same eviction rules that the previous landlord (seller) would have had to follow.

If the purchaser wants to occupy the rental unit or have a “close family member” occupy the unit, they can make a request in writing that the seller issue a Two Month Eviction Notice on their behalf, but only after all the conditions of the sale have been satisfied. If the purchaser does not plan on occupying the rental unit, or having a “close family member” occupy the unit, the purchaser will become the new landlord and the tenancy will continue under the existing agreement.

“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.

Beware of mutual agreements to end tenancy: The Residential Tenancy Branch has a “Mutual Agreement to End Tenancy” form that tenants and landlords can use to end their tenancy on an agreed upon date. If your landlord wants to evict you for “landlord’s use”, be careful not to sign this form. Some landlords may try to use a Mutual Agreement to End Tenancy form, instead of an official eviction notice, to avoid having to pay one month rent as compensation.

Deadlines to dispute eviction notices

There are strict deadlines for disputing eviction notices:

  • 5 days to dispute a 10 Day Eviction Notice;
  • 10 days to dispute a One Month Eviction Notice;
  • 15 days to dispute a Two Month Eviction Notice; and
  • 30 days to dispute a Four Month Eviction Notice.

You must apply for dispute resolution within these deadlines. Failing to do so means that, from a legal standpoint, you are accepting the eviction notice and agreeing to move out.

Exceptions: Arbitrators do have the power to extend a deadline to apply for dispute resolution, but not beyond the effective date of an eviction notice. Extensions will only be granted in exceptional circumstances, such as hospitalization that prevented a tenant from disputing an eviction notice on time.

Physically removing a tenant

There are strict rules when it comes to physically removing a tenant and their possessions from a rental unit. Here are the steps that your landlord must follow:

  1. Serve you with a copy of a Residential Tenancy Branch (RTB) Order of Possession.
  2. Wait for the two-day review period to expire. (If you successfully file a RTB Application for Review Consideration during the two-day review period, the RTB will put your Order of Possession on hold. Your landlord must then wait to see if the review is decided in their favour before moving on to the next step.)
  3. Take the Order of Possession to the BC Supreme Court and obtain a Writ of Possession.
  4. Use the Writ of Possession to hire a court-approved bailiff.

Overholding: If you stay past the move-out date listed on an eviction notice or Order of Possession, you may end up owing your landlord some money. In addition, if your landlord hires a court-approved bailiff to remove you and your belongings from your rental unit, you may be held responsible for at least some of the associated costs.

Role of the police: The police do not have the authority to evict tenants on their own. However, a court-approved bailiff may ask them to attend an eviction to keep the peace while a tenant is being removed.

List of court-approved bailiffs

The Attorney General publishes a list of [www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiffs]. Only the companies on this list can legally enforce a Writ of Possession on behalf of a landlord.

Warning: There are people in BC who are paid money to pressure tenants to move out even though they are not authorized to enforce a Writ of Possession. If someone comes to your door claiming to be a bailiff, always ask for identification.

Court bailiff rules

Court bailiffs carrying out an eviction can seize and sell your personal property to pay their fees. However, you have the right to claim exemptions to protect the following items:

  • necessary clothing;
  • household furniture and appliances worth up to $4,000;
  • one motor vehicle worth up to $5,000;
  • tools and other property worth up to $10,000, if they are used to earn income; and
  • medical and dental aids.

Bailiffs will often give you an opportunity to claim these exemptions when they first show up at your rental unit. If your belongings are taken before you have a chance to claim your exemptions, contact the bailiff company right away. You must claim your exemptions within two days of the date you found out that your property was seized.

Illegal lockouts

An illegal lockout could mean that you are without access to money, medication, work tools, and personal identification. If your landlord locks you out of your rental unit, contact TRAC, the RTB, a legal advocate, or a lawyer immediately. If your landlord continues to deny you access to your home, you will have to apply for dispute resolution to ask for an Order of Possession and monetary compensation. The RTB considers illegal lockouts a top priority when scheduling hearings.

Other ways a tenancy could end

There are sometimes exceptional circumstances that force tenancies to end unexpectedly. If a flood, fire, or earthquake leaves your rental unit unlivable, your tenancy agreement may be considered a “frustrated contract”, since it would be impossible for your tenancy to continue under those circumstances. See Residential Tenancy Branch Policy Guideline 34 for more information. You may also come across a situation where the property you are living in experiences a foreclosure. This can happen when a bank or another lender takes control of your rental property because the landlord can no longer pay their mortgage.

If you find yourself in one of these complicated situations, contact TRAC, the RTB, a legal advocate, or a lawyer to ask for additional information and assistance.



Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada LicenceTenant Survival Guide © TRAC Tenant Resource & Advisory Centre is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.