Anonymous

Difference between revisions of "Evictions"

From Clicklaw Wikibooks
 
Line 109: Line 109:
===Landlord did not do what the eviction notice said===
===Landlord did not do what the eviction notice said===


Your landlord must follow through with the reason for your eviction. If your rental unit is not used for the stated purpose for at least six months, beginning within a reasonable period after the notice takes effect, your landlord may owe you 12 months of your previous rent as compensation. For example, a landlord may claim that they are moving in, but instead rent the unit to a new tenant at a higher rent.
Your landlord must follow through with the reason for your eviction. If your rental unit is not used for the stated purpose for at least 12 months, beginning within a reasonable period after the notice takes effect, your landlord may owe you 12 months of your previous rent as compensation. For example, a landlord may claim that they are moving in, but instead rent the unit to a new tenant at a higher rent.


'''Burden of proof''': When applying for 12 months’ rent as compensation, the burden of proof will be on your landlord. This means that, while you will be given the opportunity to present evidence at the hearing, the onus will be on your landlord to convince the arbitrator that they used the property for the stated purpose of ending your tenancy. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section51 section 51] of the ''RTA'' for more information.
'''Burden of proof''': When applying for 12 months’ rent as compensation, the burden of proof will be on your landlord. This means that, while you will be given the opportunity to present evidence at the hearing, the onus will be on your landlord to convince the arbitrator that they used the property for the stated purpose of ending your tenancy. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section51 section 51] of the ''RTA'' for more information.