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Difference between revisions of "End of Tenancy (Termination and Eviction) (19:IX)"
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End of Tenancy (Termination and Eviction) (19:IX) (view source)
Revision as of 07:15, 30 December 2020
, 07:15, 30 December 2020→E. Failure of a Tenant to Deliver Up the Rental Unit; Regaining Possession
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A tenant, occupant, or landlord may obtain an order from the RTB respecting his or her right to possess or occupy the rental unit. A landlord may apply for an Order of Possession whether or not a tenant has disputed the Notice to End Tenancy he or she was given. A landlord may not regain possession after a tenancy agreement has ended unless the tenant vacates, or has abandoned the unit, or (where the tenant remains in possession) unless the landlord obtains an Order of Possession through a Dispute Resolution hearing. If a tenant is served with an Order of Possession but fails to comply, a landlord may then seek a writ of possession from the B.C. Supreme Court (or Registry)What this means is that a landlord may not change the locks, or lock out a tenant, without judicial backing. The landlord must receive an Order of Possession, a writ of possession and take back possession of the rental unit by employing an authorized court bailiff to change the locks and remove the tenant. | A tenant, occupant, or landlord may obtain an order from the RTB respecting his or her right to possess or occupy the rental unit. A landlord may apply for an Order of Possession whether or not a tenant has disputed the Notice to End Tenancy he or she was given. A landlord may not regain possession after a tenancy agreement has ended unless the tenant vacates, or has abandoned the unit, or (where the tenant remains in possession) unless the landlord obtains an Order of Possession through a Dispute Resolution hearing. If a tenant is served with an Order of Possession but fails to comply, a landlord may then seek a writ of possession from the B.C. Supreme Court (or Registry)What this means is that a landlord may not change the locks, or lock out a tenant, without judicial backing. The landlord must receive an Order of Possession, a writ of possession and take back possession of the rental unit by employing an authorized court bailiff to change the locks and remove the tenant. | ||
:NOTE: Subsections 4(3) to (5) of Ministerial Order 89 of 2020 prevented parties from obtaining writs of possession for section 54 or 55 orders of possessions between March 30th, 2020 and June 23rd, 2020. Section 5 of the Ministerial Order also prevents the enforcement of writs of possession obtained before March 30th, 2020 until the aforementioned expiration. Section 4 of Ministerial Order 195 of 2020 allows parties to file orders of possession after July 1st, 2020. Check https://www.emergencyinfobc.gov.bc.ca/covid19-provincial-state-of-emergency/ to see if the BC Provincial State of Emergency is currently in effect. Refer to https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/covid-19#serving for the most up to date information. | |||
If the landlord gives the notice to end, he or she can apply for the Order of Possession only after the tenant’s limitation period to file for dispute has expired (s 55(2)(b)). This may be 5, 10, 15, or 30 days depending on the reasons for ending the tenancy. A list of reasons can be found on the Notice to End Residential Tenancy form. | If the landlord gives the notice to end, he or she can apply for the Order of Possession only after the tenant’s limitation period to file for dispute has expired (s 55(2)(b)). This may be 5, 10, 15, or 30 days depending on the reasons for ending the tenancy. A list of reasons can be found on the Notice to End Residential Tenancy form. | ||
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Landlords can, in some circumstances, obtain an Order of Possession without attending a hearing. An Arbitrator may issue the order directly where the tenant has failed to dispute a Notice to end Tenancy for unpaid rent within the time limits (s 55(4)). | Landlords can, in some circumstances, obtain an Order of Possession without attending a hearing. An Arbitrator may issue the order directly where the tenant has failed to dispute a Notice to end Tenancy for unpaid rent within the time limits (s 55(4)). | ||
== '''F. Abandonment and End of Tenancy''' == | == '''F. Abandonment and End of Tenancy''' == | ||