A landlord’s job becomes difficult when a tenant starts falling behind on rent (and utility) payments. It can eventually get to the stage where you must evict them, which allows you to find new tenants capable of paying their bills on time.

It’s illegal to throw them out and change the locks. If you want to evict a tenant over a failure to pay rent, a specific process must be followed. Let’s discuss how to approach the situation to ensure everything is done legally.

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Ending Tenancy With A 10-Day Notice

A 10-Day Notice can be used to evict someone from your home. If a landlord says no plants in the rental agreement, tenants can be evicted for breaking the rules. Failure to pay rent and utilities on time is no different.

Tenants aren’t breaking any rules unless they fail to pay bills before the due date. Before using a 10-Day Notice to end tenancy, check the due date has passed. Serve the tenant with a 10-Day Notice to End Tenancy For Unpaid Rent or Utilities (#RTB-30) if it has.

Vancouver Tenancy Laws

Once a tenant has been served with a 10-Day Notice, they’ll have a couple of options before anything else can be done:

Payment in full
Dispute notice to end the tenancy

Payment In Full

If a tenant agrees to clear their rent and utilities payments, they’ll have five calendar days to pay the debts. Everything must be paid in full before the issue is deemed resolved. The notice to end tenancy will be cancelled, and everything will revert to normal.

Dispute Notice To End Tenancy

Tenants can dispute the notice to end the tenancy, which puts everything on hold until a dispute resolution hearing is held. Each party will have the chance to plead their case and must abide by the ruling of an arbitrator, who considers everything.

The tenant only has five calendar days to dispute the notice to end the tenancy, and failure to do so within the allotted time will result in them being forced to comply with the 10-Day Notice.

Waiting For A Decision

A dispute resolution hearing won’t happen immediately, so the tenant will be allowed to stay in the property while they wait. Tenants are required to keep paying future rent and utility payments while waiting, so landlords must request them on the due date.

Landlords should also inform tenants in writing that payments don’t cancel the 10-Day Notice, and they’re still being asked to move out. Not only will this keep the landlord safe if they accept payments, but the tenant won’t be fooled into thinking everything is okay.

Applying For An Order Of Possession

If the tenant doesn’t dispute their notice to end the tenancy, they’ll have to leave the rental property at 1 pm on the date stated on the notice. Some tenants choose to ignore the 10-day Notice, usually because they have no intention of leaving the property.

You will be required to apply for an Order of Possession if they don’t leave. If a dispute resolution hearing ends in your favour, adjudicators will grant an Order of Possession automatically, along with a money order for any rent and utilities owed.

Once You Have An Order Of Possession

Once granted an Order of Possession, you can legally evict the tenant, but you won’t be able to do it yourself. The Supreme Court of British Columbia will grant you a writ of possession, which a law firm can help you get.

The writ of possession allows you to hire bailiffs, who have the authority to remove tenants by force. Bailiffs can remove tenants and their possessions, plus they have the power to keep them from regaining access to the property by changing the locks.

Vancouver Tenancy Laws

If tenants don’t leave the property on time, you could be entitled to extra money. You can apply for monetary order to recoup rent and utility bills from the time the tenancy ends to when they move out. You’ll get this on top of the money already owed.

Sometimes landlords already have new tenants waiting to move into their property, and they’ll be required to stay in a hotel and store their belongings until it’s free. The extra costs can also be claimed through a monetary order.

Finding It Difficult To Serve An Order

It’s not always easy to serve an order to tenants, especially if you’re not on good terms. Although you’re supposed to serve them yourself, it’s sometimes impossible to do so. It could even be difficult without putting yourself in danger.

You can use the dispute information and submission site to apply for a substituted service order. It’s possible to do it offline by sending an application to your Local Service BC Centre or the Residential Tenancy Branch in Burnaby.

If you can show that you’ve tried to serve the orders yourself, or that it’s more likely the tenant will get orders through them, everything will be handled on your behalf and you’ll be kept informed.

Disputes between landlords and tenants happen all the time, so don’t get stressed out. You’ll be pleased with the final outcome if you’re in the right.

Expert Advice for Vancouver Residents

Affordable housing in Vancouver, BC is a well-known issue that many tenants face. With the rising rental costs, disputes over rent payments can escalate quickly into eviction proceedings, adding even more stress. To avoid eviction and maintain housing security, it is essential to understand the legal rights and obligations of both landlords and tenants.

One of the first steps in preventing rent payment disputes is establishing clear communication with your landlord. Informing your landlord about the inability to pay rent on time or the condition of your unit as soon as possible can prevent late fees and give your landlord time to address any issues before they escalate.

Vancouver Tenancy Laws

Landlords in Vancouver are required to provide tenants with a written tenancy agreement outlining the lease’s terms and both parties rights and responsibilities.

It should include the monthly rent amount, the due date for payment, and additional fees or charges. If you have any doubts about the agreement’s terms or concerns about the landlord’s conduct, it is wise to consult with legal professionals or tenant advocacy groups.

Under the Residential Tenancy Act of British Columbia, landlords cannot charge more than one month’s rent as a security deposit.

They must provide tenants with a written receipt for the deposit and return the full amount at the end of the tenancy, except for unpaid rent or damages. If your landlord has charged an excessive security deposit or failed to provide a receipt, you may be entitled to compensation under the RTA.

In British Columbia, landlords must follow specific legal procedures to evict tenants, such as unpaid rent or repeated breaches of the tenancy agreement.

They must provide a notice of eviction outlining the reason for the eviction and the date by which the tenant must vacate the unit. If you receive a notice of eviction, it is crucial to respond in writing and seek legal advice if necessary.

Residential Tenancy Branch

The Residential Tenancy Branch of British Columbia provides a dispute resolution process that can help tenants and landlords negotiate a resolution without going to court.

This process is voluntary, but if both parties agree to participate, a mediator or arbitrator will help them reach an agreement. In some cases, mediation or arbitration can help resolve rent payment disputes.

Tenants in British Columbia are protected from retaliatory eviction, where a landlord evicts a tenant in response to the tenant exercising their rights under the RTA. If you believe that you have been a victim of retaliatory eviction, you should seek legal advice immediately.

Navigating rent payment disputes can be challenging, but understanding your rights as a tenant and the legal obligations of your landlord can help you protect your housing security.

To avoid eviction and maintain peace of mind, establish clear communication with your landlord, review the tenancy agreement, and seek legal advice if necessary.

Do not hesitate to reach out to tenant advocacy groups or legal professionals for support and guidance if you are facing a rent payment dispute.

We hope you found this article on Vancouver tenancy laws helpful.

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Rent Payment Disputes: Navigating Vancouver Tenancy Laws