Dispute Resolution in Residential Tenancies (19:XII): Difference between revisions
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Dispute Resolution in Residential Tenancies (19:XII) (view source)
Revision as of 06:00, 3 July 2016
, 3 July 2016→a) Use of Bailiff Services
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In the event that the tenant does not comply with the order and does not vacate the rental unit on the date specified on the order, the Order of Possession can be filed in the Supreme Court of B.C. Registry. The landlord must fill out a Writ of Possession and an Affidavit (re: service) and take these completed forms with the Order of Possession to the Supreme Court. Once the documents are filed and stamped in the Supreme Court, the landlord may contact a court bailiff service. The Writ of Possession is then ready to be executed by the court bailiff. | In the event that the tenant does not comply with the order and does not vacate the rental unit on the date specified on the order, the Order of Possession can be filed in the Supreme Court of B.C. Registry. The landlord must fill out a Writ of Possession and an Affidavit (re: service) and take these completed forms with the Order of Possession to the Supreme Court. Once the documents are filed and stamped in the Supreme Court, the landlord may contact a court bailiff service. The Writ of Possession is then ready to be executed by the court bailiff. | ||
Under s 9 of the ''Sheriff Act'', RSBC 1996, c. 425, the landlord is required to give a deposit to the court bailiff against the costs of the execution of the writ. This deposit varies depending on the size of the rental unit. For example, $1,100 for a one-bedroom and $3,000 for a five-bedroom house will be required as a deposit for executing a seizure. | Under s 9 of the ''Sheriff Act'', '''RSBC''' 1996, c. 425, the landlord is required to give a deposit to the court bailiff against the costs of the execution of the writ. This deposit varies depending on the size of the rental unit. For example, $1,100 for a one-bedroom and $3,000 for a five-bedroom house will be required as a deposit for executing a seizure. | ||
==== b) Bailiff’s Procedure for Executing a Writ of Possession ==== | |||
The bailiff consults with the landlord to discuss attempting a “soft” eviction, which gives the tenant a chance to vacate on their own; this is generally what occurs. Tenants are generally allowed three to four days to vacate under a “soft” eviction. | |||
If the bailiff executes a “hard” eviction, the bailiff enters the rental unit and removes the belongings, as well as the tenant if necessary. It is the responsibility of the bailiff to ensure that all of the tenant’s belongings are safe and secure in storage. The bailiff may seize tenant’s possessions to sell in order to compensate the bailiff for the cost of the eviction. | |||
'''NOTE:''' Sometimes third parties who are not named in the order (i.e. roommates) have their goods seized together with the tenant’s. It is important to inform the Bailiff as soon as possible what goods do not belong to the tenant. These goods can usually be returned to the third party if he or she is not named in the order. | |||
==== c) Role of the Police ==== | |||
Neither the police nor the RCMP has the authority to evict tenants. However, a court bailiff can forcibly evict a tenant on behalf of the landlord. The police may attend the occasion to prevent the breach of peace but they cannot play any role in evicting the tenant, however, the police will attend and remove the tenant if required to do so by the court bailiff. | |||
== D. Serving Documents: Giving and Receiving Notice under the RTA == | |||
=== 1. Service to Tenant === | |||
A notice, process, or document may be served personally on a tenant or by: | |||
*a) sending the document by ordinary or registered mail to the tenant at the address where he or she lives; | |||
*b) leaving the document in a mailbox or mail slot at the address where the tenant lives; | |||
*c) giving it to an adult person who apparently lives with the tenant; | |||
*d) posting it to a door or other conspicuous place at the address where the tenant lives; or | |||
*e) transmitting a copy by fax to a fax number provided by the tenant. | |||
The document is deemed “received” when it is personally served. If the document is served by an alternate means, it is deemed to have been received on the fifth day after the date of mailing, or on the third day after posting or faxing, or leaving it in a mailbox (RTA, s 90). | |||
'''NOTE:''' These are '''rebuttable''' presumptions. If the respondent does not attend the hearing, service will come into question, and anything short of personal service may not guarantee a successful hearing if the other party does not show up. | |||
Sliding the documents under a door or emailing them does not constitute service. The RTB Arbitrator or the court may order the document be served in any manner considered necessary, and may order that the document has been sufficiently served on a specified date (RTA, s 71). | |||