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Difference between revisions of "My Landlord Wants to Evict Me"

From Clicklaw Wikibooks
Added information on serving the notice of hearing, and grounds for review.
(Corrected statement about late payment of rent.)
(Added information on serving the notice of hearing, and grounds for review.)
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== What happens next ==
== What happens next ==
Residential Tenancy Branch staff will look at your application. After the application has been approved and you have paid your $50, you will receive ''hearing documents''. You need to serve a copy of these documents on your landlord.
Residential Tenancy Branch staff will look at your application. After the application has been approved and you have paid your $50, you will receive ''hearing documents''. You need to serve a copy of these documents on your landlord within three days of receiving them.


At the hearing with an ''arbitrator'', the landlord will have to give evidence of why he or she wants to evict you. You will then be given the chance to say why you shouldn't be evicted. The arbitrator will make a decision about whether or not you can stay in your place.  
At the hearing with an ''arbitrator'', the landlord will have to give evidence of why he or she wants to evict you. You will then be given the chance to say why you shouldn't be evicted. The arbitrator will make a decision about whether or not you can stay in your place.  


If you don't like the decision, you can apply to review it by completing an [http://www.rto.gov.bc.ca/documents/RTB-2.pdf Application for Review Consideration] and paying a $25 filing fee. However, there will only be a review if:
If you don't like the decision, you can apply to review it by completing an [http://www.rto.gov.bc.ca/documents/RTB-2.pdf Application for Review Consideration] and paying a $25 filing fee. However, there will only be a review if:
*you missed the original hearing, or  
*you missed the original hearing due to a serious reason that was out of your control, or  
*you have new evidence that was not available at the time of the original hearing, or  
*you have new and relevant evidence that was not available at the time of the original hearing, or  
*the decision was obtained by fraud.  
*the decision was obtained by fraud.  


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