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Serve and enforce an Order of Possession

Last updated on April 8, 2025

A landlord or tenant may receive be granted an order of possession as an outcome of the dispute resolution process. They must serve and enforce the order on the other party for it to take effect.  If a party does not comply with the order, the person granted the order can enforce it through the courts.

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If a landlord is granted an Order of Possession

If a landlord is the successful party in a dispute resolution, they may be granted an order of possession. This gives them the right to take possession of the rental property.

If a tenant is granted an Order of Possession

When a tenant is awarded an order of possession, it means they have the legal right to re-enter and continue living in the rental unit.

Serve the order

The successful party is required to serve a copy of the order to each party named in the order.

There are several ways to serve an order. Review methods of service to find out your options. The method you choose will determine how long it takes for the order to be considered received by the other party. This may be as long as five days after service.

Review period

Once the order has been received, the party not awarded the order of possession has two days to apply for review of the decision by the RTB, if they feel there is cause. If the RTB decides to conduct a review, the landlord and tenant must wait until the review is complete before taking any further action. If the review is rejected, the instructions in the original order must be followed.

Compliance

A landlord is not allowed to take any direct action to force a tenant to comply with an order of possession. Once the landlord has served the order and the tenant has received it, and the review period has closed, the tenant must leave the property and remove all their belongings by the deadline stated in the order. Following the instructions voluntarily is the easiest course of action for everyone involved.

If the tenant fails to comply and move out of the rental unit, the landlord is not legally allowed to enforce the order on their own.

Only the B.C. Supreme Court and authorized court bailiffs can enforce an order of possession. This means it is illegal for a landlord to:

  • Physically evict a tenant
    • This includes hiring someone to evict them or
    • Asking the police to perform an eviction
  • Change the locks on the rental property without an order from the RTB
  • Take the tenant’s personal property

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

Before resorting to court enforcement, the landlord could encourage a tenant to leave voluntarily by:

  • covering a portion of their moving expenses (e.g., a month at a storage facility for their belongings, packing supplies, or moving vehicle)
  • offering a rent reduction for the final month
  • offering more time to move out (e.g., might be especially welcomed for tenants with disabilities, or those who have young children or pets and find 
  • it more challenging to secure housing)

It is important for the landlord and tenant to record any such agreement in writing.

A collaborative approach from the landlord over one that is demanding and rushed can help reduce overall costs and stress for both parties.

Court enforcement

Taking matters to the courts costs both time and money.

The landlord will need to file a request with the B.C. Supreme Court, make arrangements with an authorized court bailiff and pay fees. The tenant may be required to pay these costs. The landlord can recuperate these fees by having the tenant’s possessions seized and sold or by asking the RTB to issue the tenant a monetary order.

If, as the landlord, you decide to pursue court enforcement, the process is:

Step 1: Contact an authorized court bailiff that serves your location

Select a court bailiff from the Ministry of Attorney General list of authorized court bailiffs and contact them to find out:

  • Their availability to assist you
  • Fees estimate
  • Timelines estimate
  • Other required information

Step 2: Complete and file the Writ of Possession Package

As part of the Writ of Possession Package (PDF, 194KB), provide the Supreme Court registry with:

  • Requisition (Form 17.2)
  • Writ of Possession (Form 52)
  • Affidavit of Service (to be sworn at the court registry)

Step 3: Pay fees

Pay all filing, affidavit and any other necessary court fees

Step 4: Notify the court

  • Provide the court registry the name of the authorized court bailiff you will hire
  • The registry will forward the Writ of Possession to the bailiff authorizing them to conduct the eviction, seize and sell the tenant’s possessions to help you recover your costs

Step 5: Make arrangements with the authorized court bailiff

Give the bailiff:

  • A deposit to cover their costs before they begin work
  • Other required information the court may have requested at the beginning of the process

Step 6: Recover costs

You can request compensation from the tenant for the costs associated with enforcing the Writ of Possession. Examples include:

  • Court bailiff fees
  • Expenses for an incoming tenant who can’t move in when expected (e.g., alternate accommodation, meals, moving or storage costs).

Note: Court bailiffs can only seize tenant’s property to cover the cost of enforcing the order.

If the value of the tenant’s property is too small to cover all the costs, the landlord may apply to the RTB for dispute resolution.

Though this process may seem complicated, it ensures an eviction is handled lawfully, fairly, and safely to prevent potential confrontations and to protect both landlords and tenants.

Attempting to enforce an eviction by any other means is unlawful, and opens you to risks such as:

  • Liability for damage or loss to the tenant’s property
  • Responsibility for expenses incurred by the tenant
  • Harassment charges
  • Contempt of court charges
  • A penalty of up to $5000 for violating the Residential Tenancy Act
  • Harm to your reputation as a landlord, making it more difficult to rent in the future

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