What to Do When a Tenant Refuses to Vacate in Vancouver

Dealing with a tenant who refuses to vacate your property can be stressful and time-consuming. In Vancouver, landlords must navigate the Residential Tenancy Act (RTA) and adhere to strict legal procedures to ensure a successful and lawful eviction. Here’s a step-by-step guide to help you through the process.

1. Understand Your Grounds for Eviction

Under BC law, a tenant can only be evicted for specific reasons, including:

• Unpaid rent: The tenant has not paid rent by the due date.

• Violation of the lease agreement: Such as having unauthorized occupants or pets.

• End of tenancy for landlord’s use: If the landlord or an immediate family member intends to live in the unit.

• Demolition, renovation, or sale of the property: If substantial changes to the property require the tenant to vacate.

Before proceeding, confirm that your reason for eviction complies with the RTA.

2. Provide Proper Notice of Eviction

In BC, landlords must serve a formal Notice to End Tenancy, specifying the reason for eviction. Common notices include:

• 10-Day Notice: For unpaid rent or utilities.

• 1-Month Notice: For breach of lease terms or landlord use.

• 2-Month Notice: For major renovations or landlord use.

The notice must include the following:

• The reason for eviction.

• The effective date of termination.

• Clear instructions for the tenant to vacate or dispute the notice.

Failure to provide a properly completed notice can invalidate the eviction process.

3. Allow the Tenant to Respond

After receiving the notice, tenants have the right to:

• Pay overdue rent: If it’s a 10-Day Notice, tenants can void the eviction by paying the owed amount within five days.

• Dispute the notice: Tenants have 10 days to file for dispute resolution with the Residential Tenancy Branch (RTB).

If the tenant disputes the eviction, you must attend a hearing to present your case.

4. Apply for an Order of Possession

If the tenant fails to dispute the notice or refuses to vacate after a decision is made, you must apply for an Order of Possession through the RTB. This legal document allows you to regain control of your property.

To apply:

• Submit a request to the RTB online or in person.

• Attend a hearing if required.

• Obtain the Order of Possession once the RTB rules in your favor.

The order will specify the date by which the tenant must vacate.

5. Enforce the Eviction with a Bailiff

If the tenant still refuses to leave, you cannot forcibly remove them yourself. Instead, you’ll need to hire a licensed bailiff to enforce the eviction. The bailiff will coordinate with local authorities to remove the tenant and return possession of the property to you.

6. Avoid Common Pitfalls

To ensure a smooth eviction process:

• Document everything: Keep records of notices, communication, and missed rent payments.

• Stay professional: Avoid confrontation and follow legal channels.

• Hire legal support if necessary: Consult a lawyer or property management company to guide you through complex cases.

Final Thoughts

Evicting a tenant in Vancouver requires patience and a thorough understanding of BC’s tenancy laws. Following the correct procedures protects you from liability and ensures the process is legally enforceable.

If you’re struggling with a non-compliant tenant, consider working with a property management company like Calmora Properties. We handle tenant-related issues, ensuring compliance with the law while minimizing stress for landlords.