9,075
edits
Difference between revisions of "Evictions"
Jump to navigation
Jump to search
no edit summary
Drew Jackson (talk | contribs) |
Drew Jackson (talk | contribs) |
||
| Line 37: | Line 37: | ||
Your landlord can evict you for not paying all or part of the rent. Your landlord must wait at least one day after the rent was due before giving you an eviction notice. | Your landlord can evict you for not paying all or part of the rent. Your landlord must wait at least one day after the rent was due before giving you an eviction notice. | ||
If you get an eviction notice because you did not pay your rent, you have five days to pay. If you pay all the rent within five days, the notice is canceled. Bring a witness or get a receipt to prove you paid the rent. If you don’t pay the rent within five days, you must move out at the end of the 10 days from when you received the eviction notice. Under the Direct Request Process, the landlord can apply for an | If you get an eviction notice because you did not pay your rent, you have five days to pay. If you pay all the rent within five days, the notice is canceled. Bring a witness or get a receipt to prove you paid the rent. If you don’t pay the rent within five days, you must move out at the end of the 10 days from when you received the eviction notice. Under the Direct Request Process, the landlord can apply for an order of possession without going to a hearing. ''Never ignore an eviction notice.'' The landlord can also take you to dispute resolution to get back any rent you owe. Being evicted for non-payment of rent does not mean that you do not have to pay the rent. You can be evicted and still owe rent. If you have a dispute with your landlord it is best to pay your rent and deal with the dispute through dispute resolution at the Residential Tenancy Branch. ''See sections 46 and 66 of the [[Residential Tenancy Act|RTA]].'' | ||
== Eviction for cause == | == Eviction for cause == | ||
| Line 116: | Line 116: | ||
== Order to move out == | == Order to move out == | ||
Your landlord can ask the Residential Tenancy Branch for an | Your landlord can ask the Residential Tenancy Branch for an order of possession in the following two situations: | ||
*your landlord served you with a Notice to End Tenancy and you failed to dispute it within the required timeline, or | *your landlord served you with a Notice to End Tenancy and you failed to dispute it within the required timeline, or | ||
*you did dispute the Notice to End Tenancy, but the Residential Tenancy Branch has refused to cancel the notice. | *you did dispute the Notice to End Tenancy, but the Residential Tenancy Branch has refused to cancel the notice. | ||
If your landlord requests an | If your landlord requests an order of possession in either of these two situations, a Residential Tenancy Branch dispute resolution officer will grant the request. | ||
Even after getting an | Even after getting an order of possession, the only legal way a landlord can forcibly evict you is by obtaining a writ of possession from the BC Supreme Court, and then hiring a court bailiff to enforce the writ. It is illegal for a landlord to remove your belongings from the rental unit without a writ and an authorized court bailiff. However, be aware that if you stay past the date on an order of possession, you will be liable to pay the landlord compensation for the extra time you stayed at the unit. As well, if the landlord has to resort to hiring a court bailiff, you will be liable for the court bailiff fees. | ||
{{Tipsbox | {{Tipsbox | ||
| Line 131: | Line 131: | ||
Before using a court bailiff to evict you from your rental unit your landlord must do all of the following: | Before using a court bailiff to evict you from your rental unit your landlord must do all of the following: | ||
*Serve you with a copy of the | *Serve you with a copy of the order of possession. | ||
*Wait for the 2-day review period to expire. (Note: If you file an application for review during the 2-day review period, the RTB might put the | *Wait for the 2-day review period to expire. (Note: If you file an application for review during the 2-day review period, the RTB might put the order of possession on hold until your review application is decided. If that happens, your landlord has to wait until the review is decided, before moving on to the next step.) | ||
*Take the | *Take the order of possession down to the BC Supreme Court Registry, and get a writ of possession from the court. This is a very quick process. | ||
*Once the | *Once the writ of possession is issued, hire a court-appointed bailiff to evict you. | ||
===Warning=== | ===Warning=== | ||