Difference between revisions of "End of Tenancy (Termination and Eviction) (19:IX)"

Once an Order of Possession has been given to the landlord and served to the tenant after a wrongful Direct Request, the tenant should tell the landlord that they are reviewing it, so the landlord can't get a writ from BC Supreme Court; The tenant should file a Review Application to the RTB on the basis of landlord fraud and/or inability to attend the original hearing (See [[Dispute_Resolution_in_Residential_Tenancies_(19:X)|Section X. E: Review of Arbitrator’s Decision]]).   

=== 2. Cause to End Tenancy (''RTA'', s 47) ===

:'''NOTE:''' A tenant may withhold the last month’s rent if the tenant has been given a notice to end tenancy for landlord’s use of property or a director’s order for renovations or repairs instead of paying the last month’s rent and then waiting for the landlord to repay the required one month’s compensation.  

==== '''b) Right of first refusal:''' ====

For a notice to end a residential tenancy to be effective, it must be in writing, signed and dated by the landlord or tenant giving notice, include the address of the rental unit, and state the effective date of the notice. When the landlord gives notice, it must state how to challenge the eviction (RTA, s 52). A landlord must state the grounds for ending the tenancy; tenants giving notice are not required to provide any such grounds (RTA, s 45(1) or (2)). An official form is available from the Residential Tenancy Branch. '''A landlord must use RTB approved forms''' (s 52(e)) when giving a notice to end a tenancy for it to be effective. A mailed notice is presumed to be received 5 days after it is sent, while a notice posted on a door, for example, is deemed received 3 days after being posted. If posted documents are received before they are deemed received, they are considered received on the day they are actually received. A landlord is only required to give the tenant a written notice and a reasonable opportunity to adjust their conduct for a breach of a material term of the tenancy agreement before eviction. However, the landlord can also do this in other circumstances.     

If a notice to end tenancy does not comply with the ''RTA'', s 52 requirements, an Arbitrator may set aside a notice, amend a notice, or order that the tenancy end on a date other than the effective date shown. A notice to end tenancy can be amended if the Arbitrator is satisfied that the person receiving the notice knew or should have known the information that was omitted from the notice, and it is reasonable to amend the notice (s (68)(2)). Dates are self-corrective, so notice is not void simply because a landlord proposes to have the tenancy end on a date sooner than the RTA allows. '''Tenants should never ignore a notice''', even if they believe it is drafted incorrectly.

:'''NOTE:''' A tenant can ask for a delayed order of possession in the alternative that the eviction is upheld. Effective dates for orders of possession have generally been set for two days after the order is received. However, an arbitrator has the discretion to set the effective date based on the point up to which the rent has been paid, the length of the tenancy, and evidence showing that it would be unreasonable to vacate the property in two days.  

== '''E. Failure of a Tenant to Deliver Up the Rental Unit: Regaining Possession''' ==