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Difference between revisions of "Evictions"
From Clicklaw Wikibooks
→Order to move out
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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. | 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. | ||
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Before using a court bailiff to evict you from your rental unit your landlord must do all of the following: | |||
*Serve you with a copy of the Order of Possession. | |||
*Wait for the 2-day review period to expire. (note: If you file an application for review during the 2-day review period, the RTB might put the Order of Possession on hold until your review application is decided. If that happens, your landlord has to wait until the review is decided, before moving on to the next step.) | |||
*Take the Order of Possession down to the BC Supreme Court Registry, and get a Writ of Possession from the Court. This is a very quick process. | |||
*Once the Writ of Possession is issued, hire a courtappointed bailiff to evict you. | |||
===Warning=== | |||
There are people in BC who make their living by pressuring tenants to move out, even though they’re not authorized to carry out an eviction. If someone comes to your door claiming to be a bailiff, ask for identification and see if they are on the list of authorized court bailiffs. | |||
Court bailiffs carrying out an eviction can seize and sell your personal property to pay their fees, but keep in mind that many items are exempt from seizure and sale, including: | |||
*necessary clothing, | |||
*household furnishings and appliances worth up to $4000, | |||
*one motor vehicle worth up to $5000, | |||
*tools and other property worth up to $10,000 if they are used to earn income, and | |||
*medical and dental aids. | |||
If your belongings are removed from your rental unit by court bailiffs, contact the court bailiff company right away about getting them back. Normally court bailiffs put removed property into storage, and you have 2 days to claim these exemptions. For more information, see [http://www.rto.gov.bc.ca/documents/Fact%20Sheets/RTB-103.pdf RTB fact sheet 103: Enforcing and Order of Possession] | |||
===Role of police=== | |||
Neither the police nor the RCMP has the authority to evict tenants. The police may attend the occasion to prevent the breach of peace but they cannot play any role in evicting the tenant, however, the police will attend and remove the tenant if required to do so by the court bailiff. | |||
