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{{Tenant Survival Guide TOC}}
''Do'DO:' insist on receiving a written '' dispute eviction notice on a proper government formnotices within the required timelines. ''Don't'' sign Failing to do so means that, from a mutual agreement to legal standpoint, you are accepting the end of your tenancy form, unless you want and agreeing to move out and you do not expect to get compensation for moving.
[[File:Tenant being evicted.jpg | right | frame | link===Challenging ]] An eviction occurs when a landlord legally forces a tenant to move out of a rental unit. If your landlord wants to evict you, they must give you an approved notice with an acceptable reason for eviction according to the ''Residential Tenancy Act''. There are four main types of eviction===notices:# 10 Day Notice for Non-Payment of Rent;# One Month Notice for Cause;# Two Month Notice for Landlord’s Use of Property; and# Four Month Notice for Landlord’s Use of Property.
'''Direct Request:''' A 10 Day Eviction Notice is the most serious of the four types of evictions. If the landlord just tells you to get out, do not pay your rent or gives you a apply for dispute resolution within five days of receiving the notice that is not on the proper form, don’t ignore it. Write a letter to the your landlord and say that can use the eviction is not legal. Keep the eviction notice and Residential Tenancy Branch’s “Direct Request” process to quickly obtain an Order of Possession without even participating in a copy of your letterdispute resolution hearing.
If you get an eviction notice because you did do not pay dispute your renteviction, you have five days until the last day of the next month to pay. If move out (assuming you pay all the rent within five days, on the notice is canceled. Bring a witness or get a receipt to prove you paid 1st of the rentmonth). If For example, if you don’t pay the rent within five daysreceive a One Month Eviction Notice on March 5th, you must would have to move out at the end of the 10 days from when you received by April 30th. Sometimes a landlord will list the wrong move-out date on an eviction notice. Under If this is the Direct Request Processcase, the landlord can apply for an order of possession without going notice is still valid but, according to a hearing[http://www.bclaws. ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''Never ignore an eviction notice.RTA'' The landlord can also take you to dispute resolution to get back any rent you owe. Being evicted for non, self-payment of rent does not mean that you do not have corrects to pay the rentlegal move-out date. You can be evicted and still owe rent. If you have a dispute To avoid any misunderstandings with your landlord , it is best can be a good idea to pay your rent write them and deal with explain the dispute through dispute resolution at the Residential Tenancy Branch. ''See sections 46 and 66 of law to ensure they understand that you are not illegally overholding the [[Residential Tenancy Act|RTA]]rental unit.''
== =Early eviction=== If you are causing extremely serious problems, your landlord can ask the RTB for permission to evict you before a One Month Eviction Notice would take effect. Your landlord is not required to give you an eviction notice before applying for cause this type of dispute resolution hearing. However, they must provide you with notice of the hearing so that you have a chance to present evidence and defend yourself to an arbitrator. If an arbitrator determines that it would be unreasonable or unfair to the landlord or other occupants of your building to wait for a One Month Eviction Notice to take effect, your landlord will be given an Order of Possession to take back your rental unit on an earlier date. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section56 section 56] of the ''RTA'' for more information. ==Landlord's Use of Property Eviction Notices== ===Two Month Eviction Notices=== According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 sections 49] and [Filehttp://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49.1 49.1] of the ''Residential Tenancy Act (RTA)'', you may receive a Two Month Eviction Notice if:* your landlord, or a “close family member” of your landlord, wants to occupy your rental unit;* your rental unit was sold and the purchaser, or a “close family member” of the purchaser, wants to occupy your rental unit; or* you no longer qualify for your subsidized rental unit. '''“Close family member”:Tenant being evicted''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.jpg | right | frame | link = ==Four Month Eviction Notices=== According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49]of the ''RTA'', your landlord can issue you a Four Month Eviction Notice if they plan to:* demolish a rental unit;* make major renovations that require a rental unit to be empty for an extended period;* convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';* convert the residential property into cooperative housing under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/99028_01 Cooperative Association Act]'';* convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or*It is convert a rental unit to a 1non-month noticeresidential use.*You have 10 days to apply for dispute resolution'''Permits:''' Your landlord must obtain the necessary permits required by law before issuing you a Four Month Eviction Notice.
There are strict penalties when it comes to this area of the law. If you decide your landlord does not to fight the eviction, offer you have one full month (up to the last day a right of the month following the month first refusal after you got the have given proper notice) before , they could end up owing you must move out12 months of your previous rent as compensation. Sometimes a landlord puts the wrong date on an eviction noticeSee [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.2 sections 51. If you aren’t sure when you must leave, phone the 2] and [http://www.clicklaw.bcbclaws.ca/helpmapEPLibraries/servicebclaws_new/1085 Tenant Information Linedocument/ID/freeside/00_02078_01#section51.3 51.3] or of the [[Residential Tenancy Branch]]. ''See sections 47 and 48 of the [[Residential Tenancy Act|RTA]].''for more information.
== Eviction for "landlord use" of property =Move out date===
''See section 49 of 'Exception:''' The one exception is if you are being evicted because you no longer qualify for your subsidized rental unit. If this is the [[Residential Tenancy Act|RTA]]case, you are not entitled to any compensation.''
===Permits are needed for most change of use evictionsTenant giving notice to move out early===
If your landlord wants to evict you want to demolish, renovate or convert your place move in to another userental unit before the two-month or four-month notice period has ended, they must already have permits from [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section50 section 50] of the city. Your municipal hall ''RTA'' says that you can tell you which permits give your landlord needs, 10 days written notice and whether your landlord has themmove early. Some cities and towns have special rules if a landlord wants When giving short notice to evict move out, you are only required to demolish pay for the days you actually live in the buildingrental unit. The For example, if you paid the full rent for the first month of a two-month notice period, but then gave 10 days written notice and moved out before the end of that first month, your landlord may also need a permit to evict must pay you back for renovations or condominium conversionthe days you did not live there. You can check this with City HallIn addition, you are still entitled to one month rent as compensation for the second month of the two-month notice period.
===Compensation or last month freeLandlord did not do what the eviction notice said===
Your landlord must follow through with what your eviction notice says. If you are given an eviction your rental unit is not used for the purpose stated on the notice for "at least six months, beginning within a reasonable period after the notice takes effect, your landlord use" may owe you are entitled to one month’s 12 months of your previous rent as compensation from your . For example, a landlordmay claim that they are moving in, but instead rent the unit to a new tenant at a significantly higher rent. The If you have evidence that your landlord must either pay you this money or give did not follow through with the stated purpose on your eviction notice, you can apply for dispute resolution to seek your 12 months rent as compensation. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51 section 51] of the last month’s rent free''RTA'' for more information.
===You can give short noticeFixed term tenancies and Landlord’s Use Eviction Notices===
===If the landlord doesn't do what the notice saidSelling a rental unit===
== Applying for dispute resolution Physically removing a tenant==
'''Overholding:Vancouver area: 604-660-1020 :Outside Vancouver area: 1-800''' If you stay past the move-665out date listed on an eviction notice or Order of Possession, you may end up owing your landlord some money. In addition, if your landlord hires a court-8779approved bailiff to remove you and your belongings from your rental unit, you may be held responsible for at least some of the associated costs.
==Legislation and links==