If your tenant does not pay rent, you will have to face the consequences. You can have them evicted, but you can also file a compensation claim. This article will outline your rights and options.
Unfaithful declarations lead to compensation claims
If you are a tenant in Vancouver, you probably know that the Residential Tenancy Branch is in charge of resolving landlord tenant disputes. The best way to deal with this type of situation is to have a good lawyer. Whether you hire one for a flat rate or pay it off over time, a lawyer will likely be able to get you out of a sticky situation.
As part of the stipulations, you are also required to provide some documentation. Generally, this will be a formal statement that you have been unable to pay the rent. It is important to document the reasons for your failure to do so. Moreover, you must make sure that you can provide this information in a timely fashion. Likewise, it is not a good idea to wait to speak with a lawyer until you are in the middle of a heated conversation.
For example, the Residential Tenancy Policy requires your landlord to compensate you for the inconvenience of a six month period of idling in your rental unit. This may be in the form of a security deposit, as well as interest and penalties.
Similarly, you may want to apply for a rent relief program. These programs are designed to help low income tenants. While the program does not cover everything, it may be able to help you avoid the dreaded eviction.
There are a number of other benefits to applying for rent assistance. The biggest one is that you can avoid getting kicked out of your home. Not only will you not have to worry about paying rent, but you will also be able to defer your utility bills and other fees. You will also be eligible for a security deposit return, if the landlord chooses to offer one.
In fact, you can get back all of the money you paid for your first month’s rent, in the form of a refund. Alternatively, you can opt for a voluntary payment plan, as long as it is stated in writing. Of course, you’ll have to follow the same timelines and rules of etiquette that you would if you were just making your own rent payments.
Eviction of tenant who doesn’t pay rent
When a tenant does not pay rent, the landlord can legally evict them. However, the landlord has to follow certain procedures in order to make this happen. The landlord must first give the tenant a “written notice to quit or leave.”
Once the notice has been served, the landlord must file an unlawful detainer action in court. This lawsuit will allow the landlord to sue the tenant for all amounts owed. If the tenant is found in default, the judge will issue a judgment for the landlord’s possession of the property.
Before the landlord can proceed with a lawsuit, he must wait at least three to twenty days. If the tenant does not appear at the hearing, the landlord can be held in contempt of court.
A landlord can also apply to the Residential Tenancy Branch to evict a tenant for failing to pay the rental fee. In addition, the landlord can sue the tenant for late fees and attorney’s fees.
The eviction process generally takes about three weeks from start to finish. If the tenant does not respond within the time period, the landlord can hire a bailiff to enforce the eviction.
In addition to filing the lawsuit, the landlord must give the tenant a “written notice to leave” or “written notice to quit”. The notice must be sent through certified mail.
At the hearing, the landlord and tenant can argue the case. The tenant has the right to appeal to the court if they feel the eviction was unfair or wrong. They can also have legal representation at the hearing.
After the hearing, the Residential Tenancy Branch will decide the eviction. Depending on the circumstances, the eviction may be dismissed or the case will be continued.
When a landlord tries to evict a tenant, it can be difficult to know how the procedure works. It is important to be well-versed in the laws related to evictions.
There are many factors that will affect the length of the eviction process. For example, the tenant may be able to stay if he pays the rent before the eviction hearing.
Penalties for landlords who don’t pay rent
Tenants can be evicted for a variety of reasons. However, the most common reason is failure to pay rent on time. This is because the law allows landlords to evict tenants within ten days of their missed rent. Landlords are required to give the tenant a ten-day notice that their rental is due, along with a time frame for paying the outstanding balance. If a tenant does not pay the rent in a timely manner, they may be able to negotiate a more convenient end to the tenancy.
To avoid an eviction, many landlords devise a payment plan with their tenants. These payments can be made in person, by mail, or by automated systems. The tenant is required to make the payments by a certain date, but the landlord can insist on terms and conditions.
The Residential Tenancy Branch website offers a handy calculator that helps you figure out the proper amount of rent to pay. You can also use the calculator to determine how long it will take you to pay the bill. In addition, you can find out how much money you’ll be able to keep from your landlord. Depending on how much you owe, you could be eligible for up to twelve months of rent as compensation.
Luckily, landlords in BC are not required to include all terms in their rental agreements. They can only enforce terms that are enforceable under the Residential Tenancy Act. A standard rental agreement includes basic information such as the dates the rent is to be paid, how frequently the rent is due, and what is included in the rental.
Another nicety is that you may not have to pay any penalty for paying the rent late. However, you may be subject to a penalty for breaking the rules, such as asking for a pet damage deposit that is more than one-half of the monthly rent. Generally, you’re not allowed to increase your security deposit for increasing the rent.
If you are unsure of any of these laws, speak to your landlord or tenancy branch to learn more. They can also help you devise a payment plan to avoid an eviction.
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.