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Difference between revisions of "My Landlord Wants to Evict Me"
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My Landlord Wants to Evict Me (view source)
Revision as of 17:20, 31 July 2018
, 17:20, 31 July 2018Added info about 4 Month Eviction Notices
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If your landlord wants to evict you, they must issue you | If your landlord wants to evict you, they must issue you an approved notice that states a valid reason for your eviction, such as paying rent late or threatening the safety of neighbours. There are four main types of evictions that tenants in BC can receive. | ||
*A [http://canlii.ca/t/84lm#section46 10 Day Eviction Notice for Non-Payment of Rent] can be issued if you have not paid your full rent by the day it is due. You may receive this type of eviction notice if you are only a few dollars short, or just one day late. | *A [http://canlii.ca/t/84lm#section46 10 Day Eviction Notice for Non-Payment of Rent] can be issued if you have not paid your full rent by the day it is due. You may receive this type of eviction notice if you are only a few dollars short, or just one day late. | ||
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**breaking a "material term" (something essential to your tenancy) and ignoring a written warning from your landlord. | **breaking a "material term" (something essential to your tenancy) and ignoring a written warning from your landlord. | ||
*A [http://canlii.ca/t/84lm#section49 Two Month Eviction Notice for Landlord’s Use of Property] can be issued if your landlord is: | *A [http://canlii.ca/t/84lm#section49 Two Month Eviction Notice for Landlord’s Use of Property] can be issued if your landlord is: | ||
**planning on moving in, or planning on having “close family” move in. | |||
*A [http://canlii.ca/t/84lm#section49 Four Month Eviction Notice for Landlord’s Use of Property] can be issued if your landlord is: | |||
**planning major renovations that will require vacant possession for an extended period of time; | **planning major renovations that will require vacant possession for an extended period of time; | ||
**planning on demolishing your rental unit; or | **planning on demolishing your rental unit; or | ||
**planning on converting your rental unit for use by a caretaker, manager or superintendent. | **planning on converting your rental unit for use by a caretaker, manager or superintendent. | ||
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If you receive an eviction notice, you have the right to challenge it by using the Residential Tenancy Branch’s [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution dispute resolution] service. Try to apply as soon as possible, as there are strict deadlines for disputing evictions: | If you receive an eviction notice, you have the right to challenge it by using the Residential Tenancy Branch’s [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution dispute resolution] service. Try to apply as soon as possible, as there are strict deadlines for disputing evictions: | ||
* for a 10 Day Eviction Notice, the deadline is 5 days; | * for a 10 Day Eviction Notice, the deadline is 5 days; | ||
* for a One Month Eviction Notice, the deadline is 10 days; | * for a One Month Eviction Notice, the deadline is 10 days; | ||
* for a Two Month Eviction Notice, the deadline is 15 days. | * for a Two Month Eviction Notice, the deadline is 15 days; and | ||
* for a Four Month Eviction Notice, the deadline is 30 days. | |||
If you are given a 10 Day Eviction Notice, you have 5 days to pay up in order to cancel the eviction. However, if you do this too often, you may receive a One Month Eviction Notice for repeated late payment of rent. | If you are given a 10 Day Eviction Notice, you have 5 days to pay up in order to cancel the eviction. However, if you do this too often, you may receive a One Month Eviction Notice for repeated late payment of rent. | ||
If you are given a Two Month Eviction Notice, you have the right to be compensated for one month’s rent. For example, you can continue to live in the rental unit for the remaining two months and receive the | If you are given a Two or Four Month Eviction Notice, you have the right to be compensated for one month’s rent. For example, you can continue to live in the rental unit for the remaining two or four months and receive the last month free. Alternatively, if you find new housing before the end of the two or four months, you can give 10 days’ written notice to move early and still be compensated for one month’s rent. | ||
If you would like to challenge an eviction notice, follow the [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/applying-for-dispute-resolution Residential Tenancy Branch’s instructions] for dispute resolution. You can apply online, or submit a paper application to any Residential Tenancy Branch or [http://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/ministries/technology-innovation-and-citizens-services/servicebc Service BC] office. Applying for dispute resolution costs $100, although you can also [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/applying-for-dispute-resolution/fees-and-fee-waivers#Waiver apply to have the fee waived]. You may need to provide an income assistance statement, employment insurance benefits statement, recent paystub from an employer, and/or bank statements from the most recent two months. If you end up having to pay the $100 fee, you can still request on your application form that your landlord repay you the fee if they lose the hearing. | If you would like to challenge an eviction notice, follow the [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/applying-for-dispute-resolution Residential Tenancy Branch’s instructions] for dispute resolution. You can apply [http://https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online online], or submit a paper application to any Residential Tenancy Branch or [http://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/ministries/technology-innovation-and-citizens-services/servicebc Service BC] office. Applying for dispute resolution costs $100, although you can also [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/applying-for-dispute-resolution/fees-and-fee-waivers#Waiver apply to have the fee waived]. You may need to provide an income assistance statement, employment insurance benefits statement, recent paystub from an employer, and/or bank statements from the most recent two months. If you end up having to pay the $100 fee, you can still request on your application form that your landlord repay you the fee if they lose the hearing. | ||
== What happens next == | == What happens next == | ||
