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Evictions

Last updated on September 20, 2024

An eviction is when a landlord requires a tenant to move out of a rental unit. The eviction process starts when the landlord serves an eviction notice and ends when the tenant moves out. Learn the rules and processes for evictions.

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Reasons for evicting a tenant

A landlord can only end a tenancy in specific situations under the Residential Tenancy Act (RTA). These reasons include if a tenant does not pay their rent or damages the landlord’s property, and if the landlord intends to move into the rental unit.

Landlord rules for serving evictions

If a landlord wants to evict a tenant for one of the allowed reasons under the RTA, they must serve an eviction notice to the tenant. Landlords must follow certain rules when serving an eviction notice. 

Eviction notices must be served on the correct RTB eviction form. Eviction forms must be in writing and:

  • Be signed and dated
  • Contain the address of the rental unit
  • State the date the notice takes effect
  • Give a reason for the notice

Landlords must also follow the timeline guidelines when giving an eviction notice. Depending on the cause of eviction, landlords must give tenants a specific amount of notice before the eviction takes effect. Landlords must also give tenants time to dispute the notice. For example, if a landlord wants to evict a tenant because the tenant did not pay their rent, the landlord must give 10 days’ notice, and tenants have 5 days from the date the notice is received to dispute the notice.

An eviction notice must be served in person, by mail, by leaving it in a mailbox or mail slot, or by attaching to the door of the home address. Email can only be used if the tenant provided an email for service. Eviction notices cannot be served by text message. 

The eviction notice must describe legal reasons for eviction under the RTA. If a tenant applies for dispute resolution, the landlord must provide evidence to justify the eviction to an arbitrator. 

This evidence can include witness testimonies, documents or pictures to prove the reason for eviction. The Landlord must share the evidence with tenants at least 7 days before the hearing.

Communication during evictions

The landlord should take responsibility and talk to the tenant about the move-out date. If the landlord and tenant agree to change the move-out date, the agreement should be in writing.

Landlords must give tenants the required opportunities to inspect the rental unit and provide a copy of the completed Condition Inspection Report (PDF, 1.6MB) - RTB Form 27

Tenant disputes the eviction notice

If a tenant does not believe that the landlord met their obligations when serving the Notice to End Tenancy, the tenant can dispute the eviction during the required timelines. If the tenant disputes the notice with the Residential Tenancy Branch (RTB), the RTB will schedule a hearing. The notice is suspended until the hearing.

Landlords must give tenants the required opportunities to inspect the rental unit and provide a copy of the completed Condition Inspection Report (PDF, 1.6MB) - RTB Form 27

Tenant does not dispute the eviction notice

If a tenant does not dispute the eviction notice, the tenant must move out of the rental unit by 1 p.m. on the day the tenancy ends.

If a tenant continues to occupy the rental unit after the tenancy has ended, they are called an overholding tenant. A landlord must follow five steps to remove an overholding tenant:

  1. Apply for dispute resolution with the RTB to request an Order of Possession
  2. If the landlord was successful with the RTB, serve the tenant with a copy of the Order of Possession
  3. Wait for the 2-day review period to expire. (If the tenant files an Application for Review Consideration (PDF, 332KB) - RTB Form 2 during the 2-day review period, the RTB will put the Order of Possession on hold. The landlord must then wait to see if the review is in their favour before moving on to the next step)
  4. Take the Order of Possession to the BC Supreme Court and get a Writ of Possession
  5. Use the Writ of Possession to hire a court-approved bailiff to remove the tenant and their belongings

The police do not have the authority to evict tenants on their own, but a court-approved bailiff may ask the police to attend an eviction to keep the peace while a tenant is being removed. If a tenant stays past the move-out date listed on an eviction notice or Order of Possession, they may end up owing their landlord some money and be responsible for other costs.

A landlord can apply for an order of possession if a tenant does not dispute the eviction notice through the participatory hearing process or through the direct request process, in specific situations.

Eviction in emergency situations

A landlord can apply to the RTB to end a tenancy early without serving an eviction notice in urgent situations when the tenant or a tenant’s guest has committed a very serious breach of the RTA.

These applications are scheduled for an expedited hearing. The RTB tries to schedule expedited hearings within 12 days from the date the application is made.

The RTB has developed an information sheet to help landlords determine whether to apply for an early end to tenancy or serve an eviction notice.

 

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