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

If the rent goes unpaid, a landlord can give a 10 day Notice to End Tenancy for Unpaid Rent or Utilities following the day the rent was due (RTA, s 46). The tenant may pay all the rent due within five days of receiving the notice to render the notice void, or dispute the notice by applying  for dispute resolution within five days of receiving the notice. If they do nothing then the landlord can go to the Residential Tenancy Branch  and make a Direct Request for an order of possession without a hearing. Tenants should request a receipt for the rent payment if they are concerned that the landlord will try to evict them anyway. If a tenant fails to pay the utilities, the landlord can give written notice demanding payment, and then, 30 days after the tenant receives the demand for payment, treat any unpaid amount as unpaid rent (RTA, s 46(6)). NOTE:               A notice under this section has no effect if the amount of rent that is unpaid is an amount the tenant is permitted under the RTA to  deduct from rent. However, tenants need to file for dispute resolution in this situation, and not simply ignore the notice. b)Cause The minimum notice given by a landlord where there is cause is one month, effective on the last day of the ensuing rental period (RTA, s 47).  Practically speaking, the full month requirement means notice must be received the day before rent is due, so notice given on May 31 is effective  to end the tenancy on June 30, but notice given June 1 would be effective to end the tenancy only on July 31. A tenant may dispute a notice  under this section by applying for dispute resolution within 10 days after the date the  tenant  receives  the  notice. The  minimum  notice of one month does not apply if the tenant is engaging in illegal activity.  c)Landlord’s Use of Property Section 49 of the RTA requires that a landlord give at least two month notice if he or she wishes to take back the property for personal use: see s 49(2). A tenant has 15 days to apply for dispute resolution to challenge the notice.