My Landlord Wants to Evict Me: Difference between revisions
Jump to navigation
Jump to search
no edit summary
Drew Jackson (talk | contribs) |
Drew Jackson (talk | contribs) No edit summary |
||
| Line 16: | Line 16: | ||
== First steps == | == First steps == | ||
#If you are being evicted for not paying your rent, you can pay it within ''five days'' of receiving the eviction notice. If you do this, the notice of eviction will be cancelled, unless the landlord is claiming that you have repeatedly been late in paying your rent. | #If you are being evicted for not paying your rent, you can pay it within ''five days'' of receiving the eviction notice. If you do this, the notice of eviction will be cancelled, unless the landlord is claiming that you have repeatedly been late in paying your rent. | ||
#Otherwise, if you believe the landlord does not have good reason to evict you, get and complete a [http://www.rto.gov.bc.ca/documents/RTB-12-T.pdf | #Otherwise, if you believe the landlord does not have good reason to evict you, get and complete a [http://www.rto.gov.bc.ca/documents/RTB-12-T.pdf Tenant's Application for Dispute Resolution], available from the [[Residential Tenancy Branch]] or most [[Service BC]] (Government Agent) offices. | ||
#Send the completed application or take it in to a Residential Tenancy Branch office or Service BC (Government Agent) office together with a filing fee of $50. For a 10 day notice, you have ''five days'' to apply for dispute resolution. For a one month notice, you have ''10 days''. For a two month notice, you have ''15 days''. If you can't afford the $50 filing fee, you can apply at the office to have the fee waived. See the Residential Tenancy Branch's [http://www.rto.gov.bc.ca/documents/RTB-17.pdf Application to Waive Filing Fee] to see the documents you may need to provide with that application. | #Send the completed application or take it in to a Residential Tenancy Branch office or Service BC (Government Agent) office together with a filing fee of $50. For a 10 day notice, you have ''five days'' to apply for dispute resolution. For a one month notice, you have ''10 days''. For a two month notice, you have ''15 days''. If you can't afford the $50 filing fee, you can apply at the office to have the fee waived. See the Residential Tenancy Branch's [http://www.rto.gov.bc.ca/documents/RTB-17.pdf Application to Waive Filing Fee] to see the documents you may need to provide with that application. | ||
| Line 24: | Line 24: | ||
At the hearing with an ''arbitrator'', the landlord will have to give evidence of why he or she wants to evict you. You will then be given the chance to say why you shouldn't be evicted. The arbitrator will make a decision about whether or not you can stay in your place. | At the hearing with an ''arbitrator'', the landlord will have to give evidence of why he or she wants to evict you. You will then be given the chance to say why you shouldn't be evicted. The arbitrator will make a decision about whether or not you can stay in your place. | ||
If you don't like the decision, you can apply to review it by completing an | If you don't like the decision, you can apply to review it by completing an [http://www.rto.gov.bc.ca/documents/RTB-2.pdf Application for Review Consideration] and paying a $25 filing fee. However, there will only be a review if you missed the original hearing, you have new evidence that was not available at the time of the original hearing, or the decision was obtained by fraud. Otherwise, only a Supreme Court judge can review an arbitrator's decision. You will need advice from a lawyer to do this. | ||
== Where to get help == | == Where to get help == | ||