Evictions: Difference between revisions
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You can use [http://www.tenants.bc.ca/main/?Templatedemandletters TRAC's template demand letter- Response to Illegal Eviction Notice]. | You can use [http://www.tenants.bc.ca/main/?Templatedemandletters TRAC's template demand letter- Response to Illegal Eviction Notice]. | ||
== Illegal activity == | == Illegal activity == | ||
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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 == | == Eviction for not paying rent == | ||
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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 | 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 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 at the Residential Tenancy Branch. ''See Section 46 and 66 of the [[Residential Tenancy Act|RTA]]'' | 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 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 at the Residential Tenancy Branch. ''See Section 46 and 66 of the [[Residential Tenancy Act|RTA]]'' | ||
== Eviction for cause == | == 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]].'' | ||
== Eviction for “landlord use” of property == | == Eviction for “landlord use” of property == | ||
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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. | 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 == | == Early eviction == | ||
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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 == | == Applying for dispute resolution == | ||
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Vancouver area '''(604) 660-1020''' | Vancouver area '''(604) 660-1020''' | ||
Outside Vancouver area '''1-800-665-8779''' | Outside Vancouver area '''1-800-665-8779''' | ||
== Order to move out == | == Order to move out == | ||
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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. | 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. | ||
==Legislation and links== | ==Legislation and links== | ||