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Difference between revisions of "Evictions"
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→What sort of illegal activities can a tenant be evicted for?
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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]]'' | 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]]'' | ||
== Eviction for not paying rent == | |||
*It is a 10 day notice. | |||
*You have 5 days to apply for [[Dispute Resolution for Tenants|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. 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 for Tenants|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 for Tenants|dispute resolution]] at the [[Residential Tenancy Branch]]. ''See Section 46 and 66 of the [[Residential Tenancy Act|RTA]]'' | |||
== Evict ion for cause == | |||
*It is a 1-month notice. | |||
*You have 10 days to apply for [[Dispute Resolution for Tenants|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: | |||
*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, | |||
*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 for Tenants|dispute resolution hearing]] to overturn the eviction notice. You must apply for a [[Dispute Resolution for Tenants|dispute resolution hearing]] within 10 days of receiving the notice. | |||
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.tenants.bc.ca/main/?home Tenant Information Line] or the [[Residential Tenancy Branch]]. ''See Sections 47 and 48 of the [[Residential Tenancy Act|RTA]].'' | |||
