More topics

Serve and enforce an Order of Possession

Last updated on December 12, 2023

A landlord or tenant may receive a order of possession as an outcome of the dispute resolution process. They must serve and enforce the order. A tenant cannot be evicted unless their landlord follows the correct procedure to serve and enforce the order.

On this page

Serve an Order of Possession

If you are the successful party in the dispute, you need to serve a copy of the order to each party named in your original application form.

Methods of service

There are several ways to serve the order. Review methods of service to find out your options.

Enforce an Order of Possession

The Residential Tenancy Branch (RTB) does not enforce orders, only the Supreme Court of British Columbia can enforce an order of possession.

An order cannot be enforced until the review period for an arbitrator’s decision has passed.

Check if the other party has applied for review

If you are a landlord or tenant who has been granted an order of possession, you need to first check with the RTB to find out if the other party has applied for the decision to be reviewed by the RTB.

The other party has 2 days to make this application. If the RTB is closed on the last day of the review period, an application for review can be submitted on the next business day the branch is open.

Calculate when the order is considered received

The way an order is served affects how the review period is calculated. The review period begins once the other party is considered by law to have received the order.

This is called the considered received date.

For example:

If a landlord posted an order of possession on a tenant’s door on March 5, the earliest date the landlord would be able to apply for a Writ of Possession to the Supreme Court would be March 11:

  • One day after the 3 days for the order to be considered received, plus
  • Two days for the review period

If an application for review has been submitted

If your tenant or landlord has applied for a review, you need to wait for the the RTB to review the order and decide if any further steps will be taken. You can not apply for a Writ of Possession until this process is complete.

Apply for a Writ of Possession

You can apply for a Writ of Possession if:

  • The review period is finished and no application for a review was submitted or
  • The application for review consideration is dismissed

Landlord Writ of Possession

 A Writ of Possession authorizes the landlord to hire a court bailiff to remove a tenant.

Only an authorized court bailiff can legally remove the occupant and the occupant’s belongings from the rental property.

Tenant Writ of Possession 

A tenant Writ of Possession varies based on the situation. The court will provide direction to the tenant about accessing the rental unit or property.

Steps to apply for a Writ of Possession

Step 1: Get a bailiff

Select an authorized court bailiff firm from the Ministry of Attorney General's list of authorized court bailiffs and contact them to find out:

  • More about the process, including other required information
    • The bailiff firm will let you know what's needed
  • Associated costs

Step 2: Complete forms and file an application

Complete the forms in the Writ of Possession Package (PDF, 194KB) and file them at a Supreme Court registry.

You also need to swear an affidavit at the court registry.

Step 3: Pay the fees

Pay any necessary fees to the court registry.

Step 4: Notify the court

Give the court registry clerk the name of the bailiff firm you plan to use.

The court registry forwards the original writ of possession to the court bailiff company you hired.

Step 5: Check in with the bailiff 

Make sure the court bailiff has the following:

  • The deposit
  • A copy of the writ of possession
  • Other required information the court may have requested at the beginning of the process

Illegal eviction

A landlord cannot:

  • Physically evict a tenant
  • Change the locks without an order from the RTB
  • Take a tenant's personal property without a court order
  • Use a bailiff firm that doesn’t have a contract with the Ministry of Attorney General to evict a tenant

A landlord who illegally evicts a tenant may be fined up to $5,000 and may be required to repay costs incurred by the tenant as a result.

Recovering costs

If you are a landlord, you can ask for compensation from the tenant for the costs associated with enforcing a Writ of Possession. 

For example, a landlord can recover court bailiff fees or expenses from an incoming tenant for things like:

  • Alternate accommodation
  • Meals, moving or storage

The writ of possession gives the court bailiff the authority to seize, store and sell the tenant’s possessions in order to recover the landlord’s costs.

If the value of the tenant’s property is too small to cover all the costs, the landlord may:

I need help