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Difference between revisions of "Evictions"

From Clicklaw Wikibooks
134 bytes removed ,  17:36, 31 July 2018
Added info about 4 Month Eviction Notices
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(Added info about 4 Month Eviction Notices)
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== Eviction for "landlord use" of property ==
== Eviction for "landlord use" of property ==


*It is a 2-month notice.
There are two types of "landlord use" eviction notices:
*You have 15 days to apply for dispute resolution.
*Two Month Notice
**You have 15 days to apply for dispute resolution to challenge the notice.
*Four Month Notice
**You have 30 days to apply for dispute resolution to challenge the notice.


Even if you never had a problem, your landlord can evict you because they want to use the property. The reasons for a two-month eviction are listed on the second or back page of the notice to end tenancy form. The most common reasons for a two-month eviction notice are:
Even if you never had a problem, your landlord can evict you because they want to use the property. The most common reasons for a Two Month Eviction Notice are:
*the landlord or the landlord’s children or parents want to move in,
*the landlord or the landlord’s children or parents want to move in,
*you no longer qualify for a subsidized rental unit (in this last case you are not entitled to compensation).
The most common reasons for a Four Month Eviction Notice are:
*your place was sold and the new owner wants to move in (intending to sell or putting the place on the market is not a reason),
*your place was sold and the new owner wants to move in (intending to sell or putting the place on the market is not a reason),
*the landlord wants to demolish the building
*the landlord wants to demolish the building
*the building is being converted to condominiums,
*the building is being converted to condominiums, or
*the landlord wants to renovate your place and the renovations require that the place is empty, or
*the landlord wants to renovate your place and the renovations require that the place is empty.
*you no longer qualify for a subsidized rental unit (in this last case you are not entitled to compensation).


There are other reasons for a two-month eviction. Read the notice form carefully. This kind of eviction notice gives you two full months before you must move out. To fight it, you must apply for a dispute resolution hearing within 15 days of receiving the notice. ''See section 49 of the [[Residential Tenancy Act|RTA]].''
''See section 49 of the [[Residential Tenancy Act|RTA]].''


===Permits are needed for most change of use evictions===
===Permits are needed for most change of use evictions===
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===You can give short notice===
===You can give short notice===


Because it isn't your fault if you're evicted for landlord use, the law allows you to give short notice to your landlord. You can move out with a minimum of 10 days notice if you find another place before the two months are up. Put your notice in writing. Sign and date the letter to your landlord, and include your current address. Keep a copy of the letter. When you give short notice, you only have to pay for the days that you actually live there (a minimum of 10 days). If you already paid the full month's rent, your landlord has to pay you back for the days you didn't live there. You are still entitled to the equivalent of one month's rent as compensation even if you give your ten day notice to move early.
Because it isn't your fault if you're evicted for landlord use, the law allows you to give short notice to your landlord. You can move out with a minimum of 10 days notice if you find another place before the two or four months are up. Put your notice in writing. Sign and date the letter to your landlord, and include your current address. Keep a copy of the letter. When you give short notice, you only have to pay for the days that you actually live there (a minimum of 10 days). If you already paid the full month's rent, your landlord has to pay you back for the days you didn't live there. You are still entitled to the equivalent of one month's rent as compensation even if you give your ten day notice to move early.


===If the landlord doesn't do what the notice said===
===If the landlord doesn't do what the notice said===