When a tenant fails to pay rent, landlords may be faced with an array of legal issues. These issues can range from the eviction process to the penalties a landlord can face if the tenant does not pay their rent. You should also consider the time frame for eviction, as well as inspections that must be conducted before you can file for eviction.
Legal eviction process
When a tenant is not paying their rent in Vancouver, it is legal for a landlord to evict them. A landlord can use Form L1 to evict a tenant for nonpayment of rent. In some cases, the landlord can work out a payment plan with the tenant, but the tenant is generally required to attend a hearing to determine the reasons for the eviction.
After five days, the landlord may apply for a monetary order or an Order of Possession. The Province of British Columbia reviews this content on a regular basis, and the most recent revision was on March 26, 2021. However, if a landlord continues to have problems with the tenant, the eviction process will continue.
First, the landlord must issue two Eviction Resolution Program (ERP) notices. The first one requests dispute resolution. The tenant has 14 days to respond, and if the landlord is not satisfied with the tenant’s response, the landlord must serve a second ERP notice. The second notice provides a further ten days. If the tenant still refuses to participate in the ERP, the landlord may file for an eviction.
The landlord must also give the tenant three days’ notice before the eviction process can begin. The notice should contain a detailed description of the tenant’s breach of the lease agreement and why it is necessary to evict them. It also includes a deadline for the tenant to pay the rent. The landlord may also request that the tenant repair any minor damage that has occurred in the property.
When the landlord chooses to evict a tenant, it must follow the laws of the province in which the tenant lives. In most cases, evictions take approximately three weeks from the time of the tenant’s notice to pay the rent. However, there are many other variables that may affect the length of the process.
Inspections required before eviction
When a tenant fails to pay their rent, the landlord has the right to request that the tenant vacate the property, but they must allow the tenant to inspect the unit. If the tenant is unhappy with the inspection, they can object to the eviction within five days. If the tenant objects, they can choose to terminate the tenancy, or refuse to take possession of the property.
Time frame for eviction
When a tenant doesn’t pay their rent, the landlord can begin the eviction process. The landlord can file an L2 Form with the Landlord and Tenant Board, which will schedule a hearing. The Board will decide whether to evict the tenant or let them stay.
The eviction process usually takes between 20 and 120 days, depending on the circumstances. If a tenant fails to vacate a unit within that time frame, the landlord can file an eviction lawsuit against them. However, if a tenant has been in the property for over 120 days and has not responded, the landlord has the right to take the tenant’s property.
A landlord has the right to sue a tenant for unpaid rent and fees. He or she can also recover court costs and attorney’s fees. If the tenant wins the lawsuit, the eviction case will be dismissed. However, the eviction filing will remain on the tenant’s record. If a tenant pays the rent in full before the show cause hearing, they may be able to secure legal representation to appeal the eviction.
If a tenant doesn’t pay the rent, the landlord can evict them by providing a written notice. The notice must be given at least 10 days before the date of termination. If a tenant disputes the eviction order, they can file a dispute with the Residential Tenancy Branch, which hears eviction disputes and rules on the order.
If the tenant refuses to pay rent, the landlord can also seek to have utilities stopped. This action is covered under the Residential Tenancy Act. If a tenant doesn’t pay utilities, a landlord can evict the tenant and treat the unpaid utilities as unpaid rent.
Cost of eviction
In Vancouver, tenants are legally required to pay rent or they can be evicted from their rental property. In case of non-payment of rent, landlords must provide at least 10 days’ notice. If tenants fail to pay rent, landlords have the option of filing for eviction and hiring bailiffs to enforce the eviction order.
Evictions are not cheap. A typical eviction will set you back between $1,750 to $2,550. This is because you will lose the rent you were receiving from the tenant and the property will be vacant for two to three months. Plus, you’ll have to pay for property turnover and advertising costs.
Renters can dispute the eviction and claim compensation of up to $22,140. The landlord can also evict tenants for a personal reason. This is possible if the landlord is an immediate relative. The landlord’s spouse, parents, or children are also considered an immediate relative. Evictions can also happen when a new owner has acquired the property. However, the tenant has 15 days to contest the claim.
In British Columbia, landlords cannot legally evict a tenant who doesn’t pay rent. They must first give the tenant four months’ notice, then do a thorough inspection of the property. The landlord may also need to make repairs or make major changes to the property. Depending on the circumstances, landlords can be charged with a crime. It is vital for landlords to gather evidence of any illegal activity by a tenant before proceeding.
Eviction cases can be time-consuming and costly. It is critical to ensure proper paperwork is done properly and in the right manner. Proper filings will increase the chances of a successful 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.