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

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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 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 46 (unpaid rent): '''five days''';


*under s 47 (for cause): 10 days; and
*under s 47 (for cause): '''10 days'''; and


*under s 49 (landlord use of property): 15 days.
*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.'''
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.'''