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Difference between revisions of "End of Tenancy (Termination and Eviction) (19:IX)"
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End of Tenancy (Termination and Eviction) (19:IX) (view source)
Revision as of 07:12, 30 December 2020
, 07:12, 30 December 2020→A. Tenant Gives Notice (RTA, ss. 45, 45.1)
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(b) Section 39 of the Residential Tenancy Regulations lists persons qualified to confirm a risk of family violence | (b) Section 39 of the Residential Tenancy Regulations lists persons qualified to confirm a risk of family violence | ||
:NOTE: For clarity, “family violence” is defined under the Family Law Act, SBC 2011 c. 25 to include | |||
(a) physical abuse of a family member, including forced confinement or deprivation of the necessities of life, but not including the use of reasonable force to protect oneself or others from harm, | |||
(b) sexual abuse of a family member, | |||
(c) attempts to physically or sexually abuse a family member, | |||
(d) psychological or emotional abuse of a family member, including | |||
(i)intimidation, harassment, coercion or threats, including threats respecting other persons, pets or property, | |||
(ii)unreasonable restrictions on, or prevention of, a family member's financial or personal autonomy, | |||
(iii)stalking or following of the family member, and | |||
(iv)intentional damage to property, and | |||
(e) in the case of a child, direct or indirect exposure to family violence. | |||
(c) Section 40 of the RTR lists persons qualified to confirm the need for long term care. | (c) Section 40 of the RTR lists persons qualified to confirm the need for long term care. | ||
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A landlord cannot apply for dispute resolution with respect to a tenant's eligibility to end their tenancy, but they can apply for dispute resolution if the basis of the claim is that the confirmation statement was made by a person who was not authorized under the regulations to do so, or if the tenant's notice is not provided in accordance with the RTA, or if there are other claims unrelated to the tenant's notice to end tenancy. | A landlord cannot apply for dispute resolution with respect to a tenant's eligibility to end their tenancy, but they can apply for dispute resolution if the basis of the claim is that the confirmation statement was made by a person who was not authorized under the regulations to do so, or if the tenant's notice is not provided in accordance with the RTA, or if there are other claims unrelated to the tenant's notice to end tenancy. | ||
== '''B. Landlord Gives Notice''' == | == '''B. Landlord Gives Notice''' == | ||
