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Difference between revisions of "Evictions"
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→Eviction for cause
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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]].'' | 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]].'' | ||
== Evict ion for “landlord use” of property == | |||
*It is a 2-month notice. | |||
*You have 15 days to apply for [[Dispute Resolution for Tenants|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: | |||
*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, | |||
*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 for Tenants|dispute resolution hearing]] within 15 days of receiving the notice. ''See Section 49 of the [[Residential Tenancy Act|RTA]].'' | |||
===Permits are needed for most change of use evictions=== | |||
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. | |||
===Compensation or last month free=== | |||
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. | |||
===You can give short notice=== | |||
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 daysnotice 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. | |||
===If the landlord doesn’t do what the notice said=== | |||
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. | |||
===Leases and evictions for landlord use=== | |||
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. | |||
===Mutual agreement to end tenancy=== | |||
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. | |||
== Early eviction == | |||
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: | |||
*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), | |||
*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]]'' | |||
