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Home > Information For Tenants > Evictions 

Evictions

Your landlord can only evict you for certain reasons set out in law, and must give you written notice. Landlords should use one of these forms from the Residential Tenancy Branch. On the notice, the landlord must provide information required by law, including reasons for the eviction and how it can be challenged. If the landlord does not use an approved form or provide required information, the notice may not be legal.

IMPORTANT: As a tenant you have the right to challenge a notice to end tenancy by making an application to the Residential Tenancy Branch. If you would like to do this, make sure you apply within the timelines.

 

There are three types of eviction notices (also known as Notices to End Tenancy):

1.   10 day notice for non-payment of rent

If you receive this eviction notice, you have five days to pay your rent in full, or dispute the notice by filing an application with the Residential Tenancy Branch.  If you pay before this deadline, the notice will be cancelled.  However, you do not have the luxury of doing this every month.  If you repeatedly pay your rent late, your landlord can give you a one month notice for cause (see point #2).

If you don’t either pay your rent or dispute the notice within five days of receiving the notice, your landlord can ask the Residential Tenancy Branch for an Order of Possession.

If you have unpaid utilities, your landlord can issue you a 10 day Notice to End Tenancy 30 days after a written demand for payment.
 

2.   one month notice for cause

The most common reasons for receiving this type of eviction notice include:

  • disturbing your neighbours
  • repeatedly paying your rent late (see point #1)
  • seriously damaging your place or building
  • not fixing damage done by you or your guests within a reasonable time
  • causing danger to your neighbours, landlord, or landlord's employees
  • too many people living in your place
  • illegal activity that adversely affects the landlord, building or other occupants of the building
  • failing to comply with a material term of your tenancy agreement and not correcting the situation within a reasonable period of time after your landlord gives written notice to do so
  • the rental unit must be vacated to comply with an order of a federal, British Columbia, regional or municipal government authority.

If you receive this notice, you have 10 days to dispute it by filing an application with the Residential Tenancy Branch. If you do not dispute it, you are presumed to have accepted the notice, and your landlord can ask the Branch for an Order of Possession.
 

3.   two month notice for landlord use of property

The most common reasons for receiving this type of eviction notice include:

  • the landlord or the landlord's children or parents want to move in
  • your place was sold and the new owner wants to move in (intending to sell or putting the place on the market is not a reason)
  • the landlord wants to demolish the building
  • the building is being converted to condominiums
  • the landlord wants to renovate your place and the renovations require that the place is empty
  • you no longer qualify for a subsidized rental unit (if this is the case, you are not entitled to compensation -- see below).

If you receive an eviction notice for landlord use of property, you are entitled to one month's rent as compensation.  The landlord must either pay you this money or give you the last month's rent free.

If for at least six months after you moved the place was not used for the purpose stated on the notice, the landlord owes you the equivalent of double your monthly rent.

If you have a fixed term lease, your landlord cannot give you a two month notice for landlord use of property.  Even if the property you live in is sold, the new owners cannot evict you before your lease has expired.

If you receive this notice, you have 15 days to dispute it by filing an application with the Residential Tenancy Branch.  If you do not dispute it, you are presumed to have accepted the notice, and your landlord can ask the Branch for an Order of Possession.
 

Are you being evicted?

If your landlord has issued you an eviction notice, you may want to dispute it.  Click here to learn how.

IMPORTANT: Never ignore an eviction notice, even if you think it is not legal!
 

More information on Evictions

For more information on evictions, including what happens after a Dispute Resolution Officer has issued an Order of Possession, see:

Other useful links:


Have you already lost at your dispute resolution hearing?

If an Arbitrator has already upheld an eviction notice you need to act right away. Your landlord may wish to enforce an Order of Possession by obtaining a Writ of Possession and hiring an authorized court bailiff. To learn more about bailiffs, click here.

For help, you can conact:

What type of bailiff can my landlord hire?

If your landlord is enforcing a Writ of Possession, make sure they are using an authorized court bailiff firm by clicking here.  

 

 

 

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