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Evictions

Evicting a residential tenant in British Columbia must be done in accordance with the Residential Tenancy Act (RTA) and overseen by the Residential Tenancy Branch (RTB). Below is a step-by-step guide to the eviction process:

Step 1: Determine the Legal Grounds for Eviction

A landlord can only evict a tenant for specific legal reasons, including: Non-payment of rent, Cause (breach of tenancy agreement), Illegal activity, End of employment (if rental was tied to job), Landlords use of property, Demolition, renovation, or conversion of property.

Refer to Section 47 to 49 of the RTA for a full list of legal reasons as well as how much notice you must give the tenant.

Step 2: Serve the Correct Eviction Notice

Use the appropriate RTB-approved notice form from the BC Government website. And serve the tenant by one of the below methods

  • In-person (preferred)

  • Left with an adult at the rental unit

  • Posted on the door (considered received after three days)

  • Sent by registered mail (considered received after five days)

Make sure to keep proof of service (e.g., photo, witness, mailing receipt).

Step 3: Wait for Tenants Response

  • Tenants can accept the eviction and move out by the required date.

  • Tenants can dispute the eviction by applying for dispute resolution with the RTB within a set time frame:

If the tenant does not dispute, the eviction stands.

Step 4: Apply for an Order of Possession (if necessary)

If the tenant does not leave after the notice period:

  • Apply to the RTB for an Order of Possession.

  • Attend a dispute resolution hearing (if needed).

  • If successful, the RTB will issue an Order of Possession, which allows the landlord to regain the unit legally.

Step 5: Enforce the Eviction (if tenant still refuses to leave)

  • If the tenant still refuses to leave, take the Order of Possession to the BC Supreme Court to obtain a Writ of Possession.  You will also need to take with you a completed Form 50 (writ of possession), Form 17 (Requisition) and an Affidavit of service.

  • The court will then issue a Writ of Possession, commanding the Court Bailiff to provide possession of the property back to the landlord.

 

For official forms and further guidance, visit the BC Residential Tenancy Branch website:

Evictions - Province of British Columbia

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If you're facing challenges with a tenant who refuses to pay rent or need guidance on property repossession, commercial rent distress, or any of other services, don't hesitate to reach out to us today. Our team is here to provide you with the support and expertise you need to navigate these issues. Contact us now for a free consultation, and let us help you find the best solution for your situation. Your peace of mind is just a call away!

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