Difference between revisions of "End of Tenancy (Termination and Eviction) (19:IX)"
Jump to navigation
Jump to search
| Line 152: | Line 152: | ||
=== 2. Length of Notice and Limitation Periods === | === 2. Length of Notice and Limitation Periods === | ||
The RTA sets out when a landlord may issue a notice to end tenancy and the length of the notice period. Time limits to apply to the Residential Tenancy Branch for dispute resolution are also set out. Certain time limits may be extended in exceptional circumstances. See '''Residential Tenancy Policy Guideline 36: Extending a Time Period''', which sets out information regarding the meaning of exceptional circumstances. | The RTA sets out when a landlord may issue a notice to end tenancy and the length of the notice period. Time limits to apply to the Residential Tenancy Branch for dispute resolution are also set out. Certain time limits may be extended in exceptional circumstances. Time limits to dispute a notice to end tenancy cannot be extended past the effective date of the notice. See '''Residential Tenancy Policy Guideline 36: Extending a Time Period''', which sets out information regarding the meaning of exceptional circumstances. | ||
==== a) Non-Payment of Rent ==== | ==== a) Non-Payment of Rent ==== | ||
If the rent goes unpaid, a landlord can give a '''10-day''' Notice to End Tenancy for Unpaid Rent or Utilities following the day the rent was due (''RTA'', s 46). The tenant may pay all the rent due within five days of receiving the notice to render the notice void or dispute the notice by applying for dispute resolution within five days of receiving the notice. If they do nothing, then the landlord can go to the Residential Tenancy Branch and make a Direct Request for an order of possession without a hearing. Tenants should request a receipt for the rent payment if they are concerned that the landlord will try to evict them anyway. '''If the tenant does not pay the overdue rent in 5 days, the landlord is not legally obligated to accept the payment.''' | If the rent goes unpaid, a landlord can give a '''10-day''' Notice to End Tenancy for Unpaid Rent or Utilities following the day the rent was due (''RTA'', s 46). The tenant may pay all the rent due within five days of receiving the notice to render the notice void or dispute the notice by applying for dispute resolution within five days of receiving the notice. If they do nothing, then the landlord can go to the Residential Tenancy Branch and make a Direct Request for an order of possession without a hearing. Tenants should request a receipt for the rent payment if they are concerned that the landlord will try to evict them anyway. '''If the tenant does not pay the overdue rent in 5 days, the landlord is not legally obligated to accept the payment and reinstate the tenancy.''' | ||
If a tenant fails to pay the utilities, the landlord can give written notice demanding payment, and then, 30 days after the tenant receives the demand for payment, treat any unpaid amount as unpaid rent (''RTA'', s 46(6)). | If a tenant fails to pay the utilities, the landlord can give written notice demanding payment, and then, 30 days after the tenant receives the demand for payment, treat any unpaid amount as unpaid rent (''RTA'', s 46(6)). | ||
:'''NOTE:''' A notice under this section has no effect if the amount of rent that is unpaid is an amount the tenant is permitted under the ''RTA'' to deduct from rent. However, tenants need to file for dispute resolution in this situation, and not simply ignore the notice. | :'''NOTE:''' A notice under this section has no effect if the amount of rent that is unpaid is an amount the tenant is permitted under the ''RTA'' to deduct from rent. However, tenants need to file for dispute resolution in this situation, and not simply ignore the notice, or they will be deemed to have accepted the end of the tenancy. | ||
==== b) Cause ==== | ==== b) Cause ==== | ||