End of Tenancy (Termination and Eviction) (19:XI): Difference between revisions
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End of Tenancy (Termination and Eviction) (19:XI) (view source)
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At the dispute resolution hearing, the landlord must provide convincing evidence that justifies not giving full notice and demonstrate it would be unreasonable or unfair to wait for a notice to take effect. | At the dispute resolution hearing, the landlord must provide convincing evidence that justifies not giving full notice and demonstrate it would be unreasonable or unfair to wait for a notice to take effect. | ||
=== 3. Disputing a Notice to End Tenancy === | |||
==== a) By a Landlord ==== | |||
If the tenant wants to end a month-to-month tenancy, he or she can always give one month’ s written notice “on or before the last day of a rental payment period tobe effective on the last day of an ensuing rental payment period” (e.g. give notice no later than May 31 to move out on June 30). The landlord cannot dispute the tenant’ s notice. But, if the tenant’ s notice does not comply with the rules under the RTA (ss 45(1) and 45(2)), the tenant may have to pay an extra month’ s rent. b)By a Tenant Under s 59 of the RTA, a tenant may dispute a Notice to End a Residential Tenancy from the landlord by applying to the RTB and filing an application for dispute resolution to set aside the notice within the following time limits: under s 46 (unpaid rent): five days; under s 47 (for cause): 10 days; and under s 49 (landlord use of property): 15 days. An Arbitrator may extend a time limit established by the RTA only in exceptional circumstances. In respect to a notice given by a landlord for non-payment of rent (s 46(4)(a)), time limits can only be extended if: the landlord has provided written permission for an extension, or the tenant has deducted the unpaid amount because the tenant believed that the deduction was allowed for emergency repairs or under an Arbitrator’ s order (s 66(2)). Personal hardship is not a reason for more time. NOTE: An Arbitrator must not extend the time to apply for dispute resolution to dispute a notice to end a tenancy beyond the effective date of the notice. NOTE: A tenant can apply for a delayed order of possession in the alternative that the eviction is upheld. To do so, the tenant should explain why a short order would cause them hardship and why an extended order would not prejudice the landlord. Particular attention should be paid to the landlord’ s financial interests. NOTE: A tenant should never ignore notice to end tenancy. If the tenant does not dispute a notice within the time limit, the landlord may apply for an Order of Possession with a hearing. F.Failure of a Tenant to Deliver Up the Rental Unit; Regaining Possession A tenant must deliver up possession at the end of the tenancy. After tenancy ends, there is no “agreement” and the over holding tenant is usually found to be a licensee or mere occupant. A new tenancy agreement could be created (e.g. by the landlord accepting and providing a receipt for payment of rent), but otherwise the occupant of residential premises is liable to a landlord’ s claim for compensation for “use and occupation” (RTA, s 57(3)). The landlord may join the “tenant” as third party if sued by a prospective tenant for failure to give vacant possession (s 57(4)). The landlord must not take actual possession of a rental unit that is occupied by an over holding tenant unless the landlord has a writ of possession issued under the B.C. Supreme Court Rules of Court. | |||
