What to Do When a Tenant Refuses to Vacate in Vancouver

Non-compliant tenants refusing to vacate a property can be a landlord's worst nightmare. In Vancouver, strict legal procedures must be followed to resolve these situations. Here's a detailed guide to navigating the eviction process, from issuing notices to enforcing compliance, while adhering to the Residential Tenancy Act (RTA).

1. Know the Legal Grounds for Eviction

Evictions in BC must have a valid reason under the RTA, such as:

• Unpaid Rent: Rent is overdue and remains unpaid.

• Breach of Lease Agreement: Unauthorized occupants, pets, or illegal activity.

• Landlord's Use of Property: For personal use, such as moving in an immediate family member.

• Renovation or Demolition: The property requires substantial upgrades or redevelopment.

Important Note

Evicting a tenant without legal grounds can lead to significant penalties under BC law. Always ensure your reasons comply with the RTA.

2. Serve the Proper Eviction Notice

In Vancouver, landlords must use specific notices depending on the situation:

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

• 1-Month Notice: For lease violations or landlord use.

• 2-Month Notice: For renovations or personal use.

Notice Requirements

The notice must be completed correctly, including:

• The specific reason for eviction.

• The termination date.

• Instructions for disputing the notice.

Improperly filled notices may delay or invalidate the eviction process.

3. Allow the Tenant to Respond

Tenants can respond to eviction notices by:

• Paying Rent: For a 10-Day Notice, payment within five days voids the eviction.

• Filing a Dispute: Tenants have 10 days to dispute the notice through the Residential Tenancy Branch (RTB).

If a dispute is filed, you’ll need to attend an RTB hearing to present evidence supporting your case.

4. Apply for an Order of Possession

If the tenant doesn’t dispute the notice or refuses to vacate after a ruling, landlords can apply for an Order of Possession from the RTB.

Steps to Apply

1. Submit the application online or at an RTB office.

2. Attend the hearing, if required.

3. Obtain the Order of Possession with a specified vacate date.

   
   

5. Enforce the Eviction Legally

Should the tenant still refuse to leave, hiring a licensed bailiff is the only legal way to enforce the eviction. A bailiff works with local authorities to regain possession of the property.

Important: Never attempt to forcibly remove a tenant yourself, as this violates BC laws and can result in fines or legal action.

Tips to Avoid Future Eviction Issues

• Screen Tenants Thoroughly: Check references and rental history to reduce risks.

• Keep Detailed Records: Document all communications, payments, and lease violations.

• Work with Professionals: Property management companies can help handle tenant issues efficiently.