Notice To End Tenancy

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It's Time For You To Go

Notice To End Tenancy

The following is for information only and should not be taken as law.
Please refer to the appropriate jurisdiction in your area.

Far Too Double Claused to Work Effectively

On paper the legislation allowing a landlord to serve a notice to end a tenancy on a tenant looks good. In reality it may grant the tenant a months free rent while the landlord loses two. I'll show you why.

This is taken directly from the Residential Tenancy Board of BC official Notice To End A Tenancy.

• Page 1

10 DAY NOTICE TO END TENANCY FOR UNPAID RENT or UTILITIES

TENANT: YOU MAY BE EVICTED IF YOU DO NOT RESPOND TO THIS NOTICE.

NOTICE TO END TENANCY

I, (Landlord) hereby give you: (tenants) notice to vacate and give up possession of the rental unit located at: (tenancy address) by (end of tenancy date): day month year

This is page 1 of a 2-page Notice. The landlord must sign this Notice and the tenant must receive page 1 and page 2.

• Page 2

REASONS FOR THIS 10 DAY NOTICE TO END THE TENANCY

This Notice will be automatically canceled if the landlord receives $___ within 5 days after you are assumed to have received this Notice. Be sure to get a receipt. If the landlord does not receive the total arrears within the 5 days, you must move out of the rental unit or vacate the manufactured home site by the date specified on page 1 of this Notice. You have 5 days after you are assumed to have received this Notice to file an Application for Dispute Resolution at the Residential Tenancy Branch. A Dispute Resolution Officer may extend your time to file an Application, but only if he or she accepts your proof that you had a serious and compelling reason for not filing the Application on time.

INFORMATION FOR LANDLORDS

It is against the law to physically evict a tenant without a Writ of Possession, change the locks without an Arbitrator’s Order, or seize personal goods without a Court Order.

Keep copies of all Notices to End Tenancy served upon the tenant and record each date and method of service.

If the tenant fails to vacate the premises or if you believe the tenant does not intend to vacate the premises and the applicable time period for the tenant to dispute has expired, you may apply to the Residential Tenancy Office to have an arbitrator issue an Order of Possession. This may be done by following the steps --

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So now you have an order of possession

Enforcing the Order

If the tenant does not leave voluntarily or as required on the Order, you must apply to the nearest Supreme Court Registry. It is an offense under the RTA and the MHPTA to remove the tenant except under a Writ of Possession (RTO 14). Take an original Order and the completed Affidavit and Writ of Possession to the Court Registry. There are fees for processing the documents.

Once the Court has issued a Writ of Possession, you are responsible for selecting a Court Bailiff and will be required to pay any associated fees. Enforcement of the Order will depend on the availability of the Bailiff. The Bailiff will be able to explain to you the procedures they must follow. You may also pursue the tenant for any expenses you incur.

THE PROBLEM

The tenant has failed to pay rent and the landlord issues a Notice To End A Tenancy on the 3rd of the month with a vacate date of 10 days which would be the 13th.

The tenant decides, ‘Well, if they are going to end the tenancy, they will have to kick me out, I’m not leaving and I am definitely not giving them any more rent'.

Even though the notice states three times that the tenancy is at an end as of the dates posted, the landlord cannot enforce the notice until he/she has a Writ of Possession.

The landlord has to wait until at least the 8th of the month to file and then after waiting for 2 to 3 hours at the Tenancy Branch to file for a hearing, the earliest date available won't be till near the end of the month. If the landlord waits till after the 10th to file, he won't get a hearing till sometime in the second week of the following month. Meanwhile the tenant is enjoying rent free housing.

Very seldom do tenants show for a hearing regarding unpaid rent, maybe if they have children. If they do have children, the landlord is in more trouble because he knows the arbitrator will show leniency for the children's sake.

More than likely the tenant will move during the first week of the following month, forfeiting his deposit yes, but leaving the unit in non-rentable condition which will cost more than the deposit will cover. The landlord has been prevented from re-renting the unit and has lost 2 months rent plus filing fees, plus damages in the meantime. Good luck on finding your former tenant or collecting any monies owing even if you do have an order.

And they wonder why there is a lack of ‘affordable’ housing!

THE REMEDY

The tenant is the one who is in violation and has broken the rental contract with the landlord.

Once the Notice to Vacate is given, it should be the tenants responsibility to comply with the regulations set out by the Residential Tenancy Board and apply for arbitration if he/she feels the order to vacate is wrong. If there are no mitigating circumstances as to why the tenant failed to pay rent, then the order to vacate stands.

The landlord should then have the right to an immediate court order of eviction, call the Bailiff and have the tenant evicted on the vacancy date given. The court can then issue a payment order for any damages and the cost of Bailiff's services to the evicted tenant.

As part of the Residential Tenancy Board, a tenant and landlord file should be kept and accessible in much the same fashion as the Credit Bureau or Better Business Bureau keeps a file of reported cases. Tenants can access the file to find if landlords are legit and fair in their practices and likewise, registered landlords can have access to names of ‘deadbeat’ tenants.

Skipping Out

If a person leaves a restaurant without paying the bill, or pumps gas and drives off, the police can charge the perpetrator with theft and this for an amount under $100. All it takes is a phone call to the police. If a tenant robs the landlord of $1,000+ by moving without paying the last months rent, the police won't even get involved. It is left up to the landlord to track the former tenant down, file for arbitration and then sue through small claims court for his money, good luck collecting.

Still wonder why there is little desire to build new rental housing?