My Landlord Wants to Evict Me: Difference between revisions

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{{Template:Legal Help Guide TOC}}If you rent your home from someone else, you are probably covered by the ''Residential Tenancy Act''. If so, your landlord needs to have a good reason to evict you, such as if you damage his or her property, seriously disturb your neighbours or don’t pay your rent. The landlord can also ask you to leave if he or she is doing major renovations or getting a close relative to move into your place.
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The landlord must give you written notice before you can be evicted:
If your landlord wants to evict you, they must issue you an approved notice that states a valid reason for your eviction, such as paying rent late or threatening the safety of neighbours.  There are four main types of evictions that tenants in BC can receive.
*''10 days'' in <span class="noglossary">advance</span> if you haven't paid your rent on time.


*''One month'' in <span class="noglossary">advance</span> if there is ''cause'', such as:
*A [http://canlii.ca/t/84lm#section46 10 Day Eviction Notice for Non-Payment of Rent] can be issued if you have not paid your full rent by the day it is due.  You may receive this type of eviction notice if you are only a few dollars short, or just one day late.
**repeatedly paying your rent late (three times would be considered "repeated"),
*A [http://canlii.ca/t/84lm#section47 One Month Eviction Notice for Cause] can be issued if you have given your landlord “cause” to evict you, such as:
**subletting your place without the landlord’s consent,
**repeatedly paying rent late;
**damaging the place beyond reasonable wear and tear,
**assigning or subletting your unit without written consent;
**jeopardizing safety,
**damaging property and not helping repair it;
**unreasonably disturbing your neighbours,
**jeopardizing the health or safety of people or property;
**breaking a "material term" in your tenancy agreement and ignoring a written warning from your landlord, or
**unreasonably disturbing neighbours;
**you or your guests putting your landlord's property at risk or using it for an illegal purpose (the landlord may get an order for shorter notice if you have been involved in illegal activity).
**having an unreasonable number of occupants living in your unit; or
*''Two months'' in <span class="noglossary">advance</span> if the landlord is doing major renovations or a close family member moves in. Close family members include the landlord’s parents, children or spouse, or the parents or children of the landlord’s spouse.
**breaking a "material term" (something essential to your tenancy) and ignoring a written warning from your landlord.
*A [http://canlii.ca/t/84lm#section49 Two Month Eviction Notice for Landlord’s Use of Property] can be issued if your landlord is:
**planning on moving in, or planning on having “close family” move in.
*A [http://canlii.ca/t/84lm#section49 Four Month Eviction Notice for Landlord’s Use of Property] can be issued if your landlord is:
**planning major renovations that will require vacant possession for an extended period of time;
**planning on demolishing your rental unit; or
**planning on converting your rental unit for use by a caretaker, manager or superintendent.
 
For more detailed information on evictions, see [http://canlii.ca/t/84lm#part4 Part 4 of the Residential Tenancy Act].


== First steps ==
== First steps ==
#If you are being evicted for not paying your rent, you can pay it within ''five days'' of receiving the eviction notice. If you do this, the notice of eviction will be cancelled, unless the landlord is claiming that you have repeatedly been late in paying your rent.
If you receive an eviction notice, you have the right to challenge it by using the Residential Tenancy Branch’s [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution dispute resolution] service. Try to apply as soon as possible, as there are strict deadlines for disputing evictions:
#Otherwise, if you believe the landlord does not have good reason to evict you, get and complete a [http://www.rto.gov.bc.ca/documents/RTB-12-T.pdf Tenant's Application for Dispute Resolution], available from the [[Residential Tenancy Branch]] or most [[Service BC]] (Government Agent) offices.
* for a 10 Day Eviction Notice, the deadline is 5 days;
#Send the completed application or take it in to a Residential Tenancy Branch office or Service BC (Government Agent) office together with a filing fee of $50. For a 10 day notice, you have ''five days'' to apply for dispute resolution. For a one month notice, you have ''10 days''. For a two month notice, you have ''15 days''. If you can't afford the $50 filing fee, you can apply at the office to have the fee waived. See the Residential Tenancy Branch's [http://www.rto.gov.bc.ca/documents/RTB-17.pdf Application to Waive Filing Fee] to see the documents you may need to provide with that application.
* for a One Month Eviction Notice, the deadline is 10 days;
* for a Two Month Eviction Notice, the deadline is 15 days; and
* for a Four Month Eviction Notice, the deadline is 30 days.
 
If you are given a 10 Day Eviction Notice, you have 5 days to pay up in order to cancel the eviction. However, if you do this too often, you may receive a One Month Eviction Notice for repeated late payment of rent.
 
If you are given a Two or Four Month Eviction Notice, you have the right to be compensated for one month’s rent.  For example, you can continue to live in the rental unit for the remaining two or four months and receive the last month free. Alternatively, if you find new housing before the end of the two or four months, you can give 10 days’ written notice to move early and still be compensated for one month’s rent.
 
If you would like to challenge an eviction notice, follow the [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/applying-for-dispute-resolution Residential Tenancy Branch’s instructions] for dispute resolution.  You can apply online, or submit a paper application to any Residential Tenancy Branch or [http://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/ministries/technology-innovation-and-citizens-services/servicebc Service BC] office. Applying for dispute resolution costs $100, although you can also [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/applying-for-dispute-resolution/fees-and-fee-waivers#Waiver apply to have the fee waived].  You may need to provide an income assistance statement, employment insurance benefits statement, recent paystub from an employer, and/or bank statements from the most recent two months.  If you end up having to pay the $100 fee, you can still request on your application form that your landlord repay you the fee if they lose the hearing.


== What happens next ==
== What happens next ==
Residential Tenancy Branch staff will look at your application. After the application has been approved and you have paid your $50, you will receive ''hearing documents''. You need to serve a copy of these documents on your landlord.
If your application for dispute resolution is approved, you will be provided with a hearing package that says when your hearing will be held and what you can expect. Dispute resolution is a legal proceeding, but less formal than court.  Hearings are occasionally held in person or in writing, but they are most commonly conducted over the phone.  


At the hearing with an ''arbitrator'', the landlord will have to give evidence of why he or she wants to evict you. You will then be given the chance to say why you shouldn't be evicted. The arbitrator will make a decision about whether or not you can stay in your place.  
The person in charge of the dispute resolution hearing, an “arbitrator”, has the task of conducting the hearing, weighing the evidence, applying the law, and reaching a decision.  For applications involving evictions, the primary responsibility is on the landlord to show evidence in support of the eviction, but the tenant can also defend themselves by submitting their own evidence.


If you don't like the decision, you can apply to review it by completing an [http://www.rto.gov.bc.ca/documents/RTB-2.pdf Application for Review Consideration] and paying a $25 filing fee. However, there will only be a review if:
While dispute resolution can be a challenging process, most tenants do not require the assistance of a lawyer in order to participate.  If you feel that you need assistance with dispute resolution, try searching for a [http://www.clicklaw.bc.ca/helpmap/service/1028 legal advocate in your community].
*you missed the original hearing, or
*you have new evidence that was not available at the time of the original hearing, or
*the decision was obtained by fraud.  


Otherwise, only a Supreme Court judge can review an arbitrator's decision. You will need advice from a lawyer to do this.


== Where to get help ==
== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
*[[Tenant Resource & Advisory Centre]] (TRAC).
*[[Tenant Resource & Advisory Centre]] (TRAC), including their ''[[Tenant Survival Guide]]'' which includes a section on [[Evictions]].
* TRAC’s online course, [http://www.clicklaw.bc.ca/resource/4103 Renting It Right]
*[[Residential Tenancy Branch]].
*[[Residential Tenancy Branch]].
*[[PovNet]], for <span class="noglossary">contact</span> and website information for tenancy advocates near you.
*[[PovNet]], for <span class="noglossary">contact</span> and website information for tenancy advocates near you.
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{{REVIEWED | reviewer = [[Andrew Sakamoto]], March 2013}}
{{REVIEWED | reviewer = [[Andrew Sakamoto]], March 2017}}


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Latest revision as of 17:22, 31 July 2018

If your landlord wants to evict you, they must issue you an approved notice that states a valid reason for your eviction, such as paying rent late or threatening the safety of neighbours. There are four main types of evictions that tenants in BC can receive.

  • A 10 Day Eviction Notice for Non-Payment of Rent can be issued if you have not paid your full rent by the day it is due. You may receive this type of eviction notice if you are only a few dollars short, or just one day late.
  • A One Month Eviction Notice for Cause can be issued if you have given your landlord “cause” to evict you, such as:
    • repeatedly paying rent late;
    • assigning or subletting your unit without written consent;
    • damaging property and not helping repair it;
    • jeopardizing the health or safety of people or property;
    • unreasonably disturbing neighbours;
    • having an unreasonable number of occupants living in your unit; or
    • breaking a "material term" (something essential to your tenancy) and ignoring a written warning from your landlord.
  • A Two Month Eviction Notice for Landlord’s Use of Property can be issued if your landlord is:
    • planning on moving in, or planning on having “close family” move in.
  • A Four Month Eviction Notice for Landlord’s Use of Property can be issued if your landlord is:
    • planning major renovations that will require vacant possession for an extended period of time;
    • planning on demolishing your rental unit; or
    • planning on converting your rental unit for use by a caretaker, manager or superintendent.

For more detailed information on evictions, see Part 4 of the Residential Tenancy Act.

First steps[edit]

If you receive an eviction notice, you have the right to challenge it by using the Residential Tenancy Branch’s dispute resolution service. Try to apply as soon as possible, as there are strict deadlines for disputing evictions:

  • for a 10 Day Eviction Notice, the deadline is 5 days;
  • for a One Month Eviction Notice, the deadline is 10 days;
  • for a Two Month Eviction Notice, the deadline is 15 days; and
  • for a Four Month Eviction Notice, the deadline is 30 days.

If you are given a 10 Day Eviction Notice, you have 5 days to pay up in order to cancel the eviction. However, if you do this too often, you may receive a One Month Eviction Notice for repeated late payment of rent.

If you are given a Two or Four Month Eviction Notice, you have the right to be compensated for one month’s rent. For example, you can continue to live in the rental unit for the remaining two or four months and receive the last month free. Alternatively, if you find new housing before the end of the two or four months, you can give 10 days’ written notice to move early and still be compensated for one month’s rent.

If you would like to challenge an eviction notice, follow the Residential Tenancy Branch’s instructions for dispute resolution. You can apply online, or submit a paper application to any Residential Tenancy Branch or Service BC office. Applying for dispute resolution costs $100, although you can also apply to have the fee waived. You may need to provide an income assistance statement, employment insurance benefits statement, recent paystub from an employer, and/or bank statements from the most recent two months. If you end up having to pay the $100 fee, you can still request on your application form that your landlord repay you the fee if they lose the hearing.

What happens next[edit]

If your application for dispute resolution is approved, you will be provided with a hearing package that says when your hearing will be held and what you can expect. Dispute resolution is a legal proceeding, but less formal than court. Hearings are occasionally held in person or in writing, but they are most commonly conducted over the phone.

The person in charge of the dispute resolution hearing, an “arbitrator”, has the task of conducting the hearing, weighing the evidence, applying the law, and reaching a decision. For applications involving evictions, the primary responsibility is on the landlord to show evidence in support of the eviction, but the tenant can also defend themselves by submitting their own evidence.

While dispute resolution can be a challenging process, most tenants do not require the assistance of a lawyer in order to participate. If you feel that you need assistance with dispute resolution, try searching for a legal advocate in your community.


Where to get help[edit]

See the Resource List in this Guide for a list of helpful resources. Your best bets are:

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this Guide. Make sure you bring copies of all documents relating to your case.

The above information does not apply if you are evicted from your home on an Indian reserve. If this happens to you, you should speak with a lawyer.
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Andrew Sakamoto, March 2017.


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