If you’re a landlord, you have to give your tenants a written notice to vacate your property if they’re not paying their rent or complying with your tenancy agreement.
If you don’t, you can file an eviction with the Residential Tenancy Branch (RTB). After the eviction order, you can hire a court-approved bailiff to force the tenant out of the rental.
What is an Eviction Notice?
An Eviction Notice is a legal document that explains the process by which a landlord can evict their tenants. It can be used for a variety of reasons, but it is most commonly used to evict tenants who fail to pay rent or violate the terms of their lease agreement.
In Vancouver, there are several types of eviction notices that can be issued depending on the circumstances. These include:
Non-Payment of Rent/Utilities (RTB-30)
In B.C., a landlord can issue a 10 Day Notice to End Tenancy for Unpaid Rent or Utilities (RTB-30) when a tenant fails to pay their rent. If the tenant does not pay the outstanding amount within five days, or file an Application for Resolution with the RTA, the landlord can use the RTA’s Landlord’s Direct Request process to obtain an Order of Possession.
Violations of the Lease/Tenancy Act
The Residential Tenancy Act outlines standard procedures that Vancouver landlords can follow to evict tenants for violating their lease. These violations can be anything from not paying rent to illegal activity, and they can result in a 10 day notice being given before the landlord can move forward with eviction proceedings.
Charity Justrabo was surprised to see two large signs erected in front of her East Vancouver rental home last week. She was aware that the developer had told her they would be working on landscaping to make space for them, but she wasn’t prepared for the signs to be erected so close to her property.
She said the signs made her worry that they might evict her sooner than she had planned, and they negatively impacted her quality of life. Justrabo has since been seeking a lawyer to help her understand her rights and find out what can be done.
Robert Patterson, a tenancy lawyer with the Tenancy Resources and Advisory Centre, says that while Justrabo is right to be upset over her experience, she also has rights. He says that in this situation, the tenant’s rights are outlined in section 28 of the Residential Tenancy Act.
In any case, it’s crucial for people to know their rights in this situation and connect with other renters to fight unjust evictions. There are many ways to do this, including starting a WhatsApp or Facebook group to watch out for your neighbours and educating yourself on local housing laws.
How long does a landlord have to give a tenant a notice to vacate?
Landlords must give tenants a notice to vacate when they want the tenant to leave their home. This can be for a variety of reasons, including breaching a term of the lease or causing damage. The amount of time that a landlord has to give the tenant a notice varies depending on the reason for the eviction.
In BC, a landlord can evict a tenant for non-payment of rent within ten days. They can also evict for other reasons such as illegal behaviour or falsifying income in order to qualify for subsidized housing.
If a landlord wants to evict a tenant for non-payment, they must first provide them with a form called a 14-Day Notice to Pay or Vacate. The tenant must then pay their rental payments in full to the landlord within 14 days of receiving this notice, otherwise the eviction process will start.
It is important to note that a tenant must receive this notice in writing and can serve it themselves, send it by mail, or drop it in the mailbox. This is to ensure that the tenant receives it and can comply with the terms of the notice.
There are also some exceptions to this rule, such as student housing and care homes. In these cases, a landlord may require the tenant to agree to end their tenancy or sign a new agreement at a later date.
A landlord can only end a tenancy for one of the reasons allowed under the Act. If a landlord ends a tenancy for one of these reasons, they must give the tenant an appropriate notice to vacate in the form approved by RTB.
This notice must include a clear date when the tenant must move out. It is also important to be clear about how the tenant will be compensated for the tenancy.
In addition, if the landlord plans to use the property themselves, they must give a two-month notice of termination for their own use. This notice must include compensation to the tenant for one month of rent, as well as any fees incurred during their stay in the property.
What happens if a tenant doesn’t pay their rent?
A landlord has a lot of decisions to make when they’re dealing with a tenant who isn’t paying their rent. It takes years of experience to learn the best ways to handle various situations and what to do when a tenant isn’t acting the way you would like them to.
You can try to work with the tenant, but you need to be realistic about what’s possible and what’s not. It’s better to find a solution that’s fair to both parties and avoid the possibility of losing your property and making the situation even worse for yourself.
First, send them an informal notice that their rent is late and includes a list of any fees that are due. This can be emailed, mailed, or delivered to them in person at the property. It should also include a warning about the next steps that you want them to take if they don’t pay their rent or other fees on time.
Second, if the tenant still doesn’t pay their rent, you need to start preparing your case for eviction. This may involve serving a notice to pay or quit, which can be done online or by contacting an attorney or service provider who can prepare the document for you.
If the tenant does not pay their rent, you will need to file a suit in court against them for unlawful detainer, which is when the tenant is staying in the home without permission from you. Once you win this case, the sheriff will evict them from the house.
You need to make sure that the eviction process is legal in your area and follow all laws and regulations. This can be difficult to do when you’re not sure what the law is and how it will apply to your situation.
Another option is to give the tenant a grace period. Many leases include a clause that gives tenants three or five days to pay their rent after the normal due date. This will help you to get ahead of any late fees and give you more time to work out a solution with the tenant.
What happens if a tenant doesn’t move out on time?
When a tenant doesn’t move out on time, it can be extremely frustrating and stressful for both landlords and tenants. But, if the tenant hasn’t broken any lease policies or violated their lease agreement, there are several ways to avoid having to evict them.
First, you can try talking to the tenant and finding a way to resolve their situation before you have to resort to an eviction. This may help you avoid spending a lot of money and energy on an eviction, as well as save your credit.
Once you have decided to talk to the tenant, you should make sure to keep a written record of your conversation. This will allow you to refer back to it in the future if necessary.
In addition, it will also ensure that you can prove to the court that you spoke to your tenant and that they understood what was expected of them. This can make the eviction process much easier to navigate and avoid expensive legal fees.
It is always best to speak directly to your tenant, as they are the ones who know what’s going on. This will also save you a lot of time and energy, as it will be much faster to find out what they are thinking than to spend a long time guessing at it.
If the tenant is still living in the property after they’ve failed to pay rent, you can file an eviction notice with the local police department and ask that they bring in a warrant. However, you need to be aware that the police officer will only come by on business days (Monday through Friday) and not on a holiday.
Alternatively, you can give the tenant a 14-day notice to pay rent or quit the rental unit. This will ensure that they can pay the rent before you have to evict them.
You can also offer them a discount on their next month of rent or moving expenses. If they accept, this will be a cost-effective alternative to an eviction and may allow you to get the tenant to move out on their own accord.
Among many other things, David A. Grantham is a contributing author to UmassExtension West Vancouver Blo. He is a renowned expert on real estate in BC.
Born in North Vancouver, Louisiana, Dr. Grantham grew up in Lower Lonsdale. He then went on to complete his business degree at the University British Columbia. As of this writing, Grantham has completed over 100 projects, including the development of a high rise building in Vancouver.
He is a husband, father, son, brother, and friend. He was a dedicated outdoorsman and enjoyed sports such as hunting, fishing, scuba diving, and snow skiing. His wife, Alison Grantham, and their two daughters survived him. He is survived by his wife Alison Martin Grantham and two daughters.