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)
Revision as of 05:18, 3 July 2016
, 3 July 2016→F. Failure of a Tenant to Deliver Up the Rental Unit; Regaining Possession
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== F. Failure of a Tenant to Deliver Up the Rental Unit; Regaining Possession == | == F. Failure of a Tenant to Deliver Up the Rental Unit; Regaining Possession == | ||
A | 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''. | ||