If your tenant doesn’t leave your rental unit by the date on an eviction notice, you can apply to the Residential Tenancy Branch for an Order of Possession.
If you get an Order of Possession, it will state a date by which you must move out. If you don’t, your landlord can start the process of evicting you and hire a court-approved bailiff to physically remove you from your property.
What is an Order of Possession?
An Order of Possession is a court order that allows property and land owners, private and public, to remove tenants and trespassers from their properties. It can be used to evict tenants and trespassers who have breached the terms of their lease, or are causing damage to property.
In many cases, possession orders can be issued without a court hearing, but in some circumstances it may be necessary to go to court. This can happen when your tenant owes you money, or has breached other terms of their tenancy. It can also be used when your tenant is committing anti-social behaviour.
If you are being evicted for rent arrears, your landlord must first apply to the court for a possession date and then they will be able to get a warrant of eviction. Once they have this they will be able to evict you and you will need to leave the property by the date in the warrant of eviction.
You can ask the court to delay your possession date for up to 6 weeks if it would cause you hardship to leave earlier. This can be because you’re ill, have young children or if you have received a housing benefit or universal credit claim that has come through to pay off the arrears.
The judge can make an order that says you must pay up all the money owed to you within a set period or give up your property completely. They can also make an order that you must not commit any further anti-social behaviour and cannot cause any disturbance to other people in the area.
It is also possible for a landlord to ask the court to suspend an outright order for up to 12 months, if they believe you can prove that you need more time to pay off all of the money owed to you. The court will look at how much money you owe, what other conditions you have and what help you need.
If you are being evicted for a money judgment, you need to appeal the decision to a Magisterial District Judge within 10 days of receiving the Judgment for Possession. You can then use the 10 days to submit an appeal and to list your defences.
How do I get an Order of Possession?
An Order of Possession is a document issued by the Residential Tenancy Branch at the request of a landlord. It sets a deadline by which a tenant must vacate the premises.
Getting an Order of Possession can be complicated, but it’s possible for your landlord to reclaim possession of your rental unit.
To get an Order of Possession, your landlord first has to serve you with a writ of possession (also known as a “letter of possession”). The writ is a legal document that allows the landlord to hire a court-approved bailiff to physically remove you from the property.
However, before you start to panic, keep in mind that the Order of Possession does not allow your landlord to throw any of your belongings on the street or change the locks to your unit before you move out. The best way to avoid this is to file for Review Consideration with the RTB and follow the process outlined above.
The RTB will give you a two day review period from the date of service on your Order of Possession to apply for Review Consideration. This will give you a chance to show that your landlord’s Order of Possession is faulty.
You can still be evicted for the same reason you were served with your Order of Possession, namely non-payment of rent and/or utilities. In this scenario, you may receive a 10 Day Notice to End Tenancy for Unpaid Rent or Utilities (RTB-30).
The other big gimmick is a Writ of Possession that allows your landlord to hire a court-approved bailiff. The writ is the most expensive, but the most effective way to evict a tenant from your property. The Ministry of Attorney General publishes a list of authorized court bailiffs.
What happens if I don’t get an Order of Possession?
If you don’t get an Order of Possession, your landlord has to follow a few steps before they can legally remove you. This can be a bit confusing, but it’s all part of the rules.
The first step is to give you an eviction notice (also called an eviction letter) that tells you to move out within a certain amount of time. This is standard practice in B.C. If you don’t comply, your landlord can take you to court and get a judgment for possession.
This is a very important step, and can mean the difference between a happy ending or a stressful and expensive lawsuit. If your landlord tries to evict you before giving you proper notice, they may end up with a lawsuit that could end up in the Supreme Court of BC and cost them a lot of money in legal fees and costs.
Depending on the type of tenancy, the process can be complicated. If you have a fixed-term tenancy, your landlord has to give you notice in a particular way that depends on what the lease says.
If your tenancy is on a month-to-month basis, you can use the Residential Tenancy Branch’s dispute resolution process to try and work something out with your landlord. Often, the RTA will be able to reach an agreement with your landlord in a relatively short period of time.
Another thing your landlord may want to do is file a writ of possession with the Supreme Court of BC, which is an order that allows them to hire a court-approved bailiff to physically remove you and your belongings from the property. This can be very difficult, so you should plan ahead and try to prepare your items for the bailiff as best as you can.
You should also be aware that your landlord may choose to serve you with a 10 Day Eviction Notice for Unpaid Rent or Utilities (RTB-30). If you do not pay the rent or utilities, your landlord can go to court and obtain an Order of Possession using the Residential Tenancy Branch’s “Direct Request” process. This is the most serious type of eviction and can be quite intimidating for a tenant, so you should always be prepared to fight it.
How do I get a Writ of Possession?
A Writ Of Possession is a legal document that can be used to forcibly remove a tenant from their rental property. It can also be used during evictions or foreclosures.
A landlord can apply for a writ of possession after an eviction hearing has been held and the tenant has failed to vacate the property. The order will specify the date by which the tenant is to leave the property. It will also give the landlord permission to hire a court-approved bailiff to physically remove the tenant and their belongings.
This is a quick process that can happen in just a few days. It is a great way to make sure your tenants are gone and that you have the peace of mind knowing you are not in danger of losing your home.
An Order Of Possession can be served by handing it to the tenant, dropping it in a mailbox or posting it on a door or through the mail. It must be delivered within 48 hours of being served, so it is a good idea to keep a copy on hand for reference.
In addition, you can take your Order Of Possession and proof of delivery to the courthouse to get a Writ Of Possession. This will allow you to use a court-approved bailiff to physically take away your tenants, their belongings and rekey the property.
To get an Order Of Possession, a landlord must first file an eviction suit with the Residential Tenancy Branch (RTB). Then they can ask the court for a writ of possession.
The Writ Of Possession will be issued by the Supreme Court of BC and it authorizes a court bailiff to enforce the writ. The writ will bind all of the debtor’s assets in BC, including their property.
Once the Writ Of Possession has been issued, the tenant can then file an application to the court for a stay of the writ of possession. The court will then hold a hearing and decide whether or not to grant the stay of the writ of possession.
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.