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Difference between revisions of "Evictions"
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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]]'' | 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]]'' | ||
== Applying for dispute resolution == | |||
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. | |||
Vancouver area '''(604) 660-1020''' | |||
Outside Vancouver area '''1-800-665-8779''' | |||
== Order to move out == | |||
Your landlord can ask the RTB for an Order of Possession in the following two situations: | |||
*Your landlord served you with a Notice to End Tenancy and you failed to dispute it within the required timeline. | |||
*You did dispute the Notice to End Tenancy, but the RTB has refused to cancel the notice. | |||
If your landlord requests an Order of Possession in either of these two situations, a RTB dispute resolution officer will grant the request. | |||
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. | |||
{{Tipsbox | |||
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| tips = '''Bailifs''' | |||
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. | |||
}} | |||
