If you have received an eviction notice from your landlord, you’re likely feeling apprehensive and uncertain about the situation. You’re not alone. There are many reasons for this type of notice, including rent increases, renovations, and a Writ of Possession. Read on for information about your rights and options.
The BC government’s recent changes to the rent increase formula are causing concern among tenants. The increase is tied to the Consumer Price Index, or CPI, and tenants worry the next increase could force them out of their homes. The Vancouver Tenants Union, an organization that represents renters, says many people are already feeling the pain from inflation.
To protect tenants, the BC government has passed legislation to reduce the amount of rent increases landlords can make each year. The limit on annual rent increases is two percent plus inflation. The law also limits landlords to increasing rent one time per year and must obtain pre-approval before doing so.
If a landlord wants to raise rent without the consent of the tenant, they can apply to the Residential Tenancy Branch to increase rent. Increasing rent is allowed if the landlord has justified the increase in the rent-indexed cost of living. The rent increase percentage is set by the Residential Tenancy Branch. The percentage is updated annually. The landlord must notify the respondent in writing of the increase. The tenant has the right to challenge the increase and have it overturned by a dispute resolution officer.
Since the vacancy rate in Vancouver has fallen so low, rent increases have risen as well. This situation is unsustainable for landlords who are trying to earn a living. This has led the government to implement new legislation to protect tenants. In particular, Vancouver has enacted new ordinances that give tenants 45 days notice of increases.
A landlord can serve an eviction notice on a tenant if the landlord intends to do extensive renovations or demolition work in the rental unit. However, tenants are allowed to contest the notice within 30 days. This means that the landlord must have a valid reason for the notice and provide the tenant with a right of first refusal.
Renters in B.C. are not always aware of their rights and should always consult with a tenant lawyer. Although the new laws have helped tenants in some ways, landlords can still try to pressure tenants, use pressure tactics, buyout offers, and various forms of harassment. These tactics are particularly harmful for low-income, elderly, and racialized renters.
The RTB-29 eviction notice is the most common one for evictions for renovations and demolition. It’s simple to serve and can be effective in convincing tenants to vacate. However, landlords can only avoid this eviction notice if they’ve got all of their building permits and development approvals in place.
In Vancouver, four long-term tenants are fighting an eviction notice issued by their landlord. The landlord claims that it’s not fair for the tenants to be evicted because they are refusing to pay more money than what the market value is for the property. Located in Kitsilano, the property is a two-storey walk-up with nine units and a laneway house with two units. The tenants are living in a building that was built around 1910. Linda Millburn, who has lived in the two-bedroom laneway house for over 20 years, pays $719 a month for her rent. She says the eviction notice sent by her landlord was “shattered” and “took her by surprise.”
The practice of re-letting a suite after an eviction notice in Vancouver is called renoviction. It’s a legal process, and has been growing in popularity across British Columbia. But, tenants have voiced their concerns and outrage at these practices. In some cases, landlords are using the process to increase rent to avoid paying market value. While tenants in British Columbia may have some legal recourse, they are often unable to afford their new rents.
But landlords can still mislead renters into moving out by tricking them or using pressure tactics, buyout offers and other forms of harassment. They have a disproportionate impact on low-income, racialized and elderly renters. While renoviction laws are a positive shift, landlords can still exploit tenants and use intimidation to force them to leave their properties.
In one case, VS Rentals contacted Postmedia News in November, saying that tenants could stay in the building while renovations took place. After completion, they could move back in. However, the tenants would have to vacate for a year. The renovations would include replacing windows, drywall, and plumbing and electrical systems. It’s not clear if tenants are expected to pay rent even during the renovations.
The process of re-letting a unit after an eviction notice in Vancouver is not straightforward. First, the tenant has to give their landlord 24 hours notice to access their home. They should also notify their landlord of any repairs, including those caused by guests and pets. The rental lease must clearly state the names of the landlord and tenant, as well as the landlord’s contact information.
Writs of Possession
Writs of Possession are issued by the Supreme Court of British Columbia for landlords who want to evict a tenant. The process is mostly administrative, with a landlord providing a sworn statement to the court. This affidavit is required to prove that the landlord followed all the right steps to evict the tenant. Once the landlord has the Writ of Possession, they can then hire a bailiff to enforce the eviction.
The Order of Possession must be served on the tenant within 48 hours after the landlord has served it. The tenant has two days to appeal, but cannot change the locks or remove any objects. If the tenant does not comply with the order, the landlord can appeal the order to the Supreme Court.
When a tenant fails to move out, the landlord has the right to sue for unpaid rent, late fees, and court costs. In addition, the landlord can also sue for attorney’s fees. In some cases, tenants may be able to reinstate their tenancy if they pay the landlord in full. If the tenant fails to comply with the eviction notice, the landlord can even forcibly evict the tenant.
If a tenant refuses to move out, he or she can apply for a Writ of Possession, which allows the landlord to hire a court bailiff to enforce the eviction. A bailiff can also ask the police to attend the eviction, if it is necessary. It is important to ensure that you are at home when a bailiff shows up.
Order to show cause
If you have received an eviction notice, you may have the right to file an Order to Show Cause in Vancouver. The court will hear the landlord’s case and determine whether the eviction should go ahead or be dismissed. The landlord must appear in court on the Show Cause hearing date, and bring documentary evidence to back up its case. If the landlord fails to produce any evidence, the judge may enter a default judgment. In many cases, the landlord will win the case and the tenant will have no legal defense.
If you want to avoid the time and cost associated with the show cause hearing, try to negotiate with the landlord before the date of the hearing. If the landlord is willing to negotiate, you may be able to get additional days to move out in exchange for not contesting the case at the hearing. However, you should be aware that sheriffs rarely carry out evictions at the earliest possible moment. The cost of the eviction hearing will outweigh any extra days you may have received in return.
The judge will give the landlord an opportunity to show cause and provide additional information before signing the eviction writ. This may be necessary in some cases. For example, if a tenant has filed for a writ of restitution, the landlord may want to consider storing his or her property before actually removing the tenant. In these situations, the landlord cannot take the tenant’s property in lieu of rental payments. Also, if the landlord has increased the rent in response to the tenant’s complaints, it is not legal.
Tenant’s right to dispute eviction notice
There are certain legal procedures that a tenant must follow if he/she wishes to dispute an eviction notice. First, he/she must file a complaint in the District Court where the property is located. Then, he/she must appear in court on the appointed date. Otherwise, the judge will enter judgment against him/her. If you do not show up, you may lose your right to dispute an eviction.
Secondly, if the tenant is unable to move out of the property within a month of receiving an eviction notice, he/she has a right to dispute the eviction. However, if the landlord is trying to gain possession of the property, it must follow a specific process to obtain possession. Moreover, the landlord must use a bailiff firm that is not contracted with the Ministry of Justice.
Moreover, the tenant has the right to request that the landlord store his/her property for 30 days or more. This is allowed only if the landlord can show that he/she has a reasonable reason to do so. In addition, the landlord must use ordinary care in handling the tenant’s property and make it reasonably available for retrieval.
However, if a tenant decides to stay in the home and leaves his/her belongings, the landlord has a legal right to dispose of them. After the appeal period ends, the landlord has the right to request a “Writ of Possession” that allows the sheriff’s office to padlock the property and remove the tenant within five days. The sheriff’s office will usually send a notification to the tenant before the padlocking date.
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.