A Vancouver tenancy lawyer says renters face an uphill battle fighting eviction notices...and things are only getting worse.
Tenant Resource and Advisory Centre (TRAC) Lawyer Rob Patterson says he's seen a staggering uptick in cases where a tenant has limited time to collect evidence before a hearing.
The renter advocate says the odds have always been stacked against the tenant in British Columbia but now hearings are scheduled on faster schedules.
"The eviction process is backwards," he tells V.I.A.
In some provinces and parts of the United States, the landlord files in court to start the eviction process. In B.C., the onus is on the tenant to apply to the Residential Tenancy Branch (RTB) for dispute resolution. The landlord only needs to check off a box that indicates why they are evicting the tenant. While they may also fill out more details about why they are issuing the notice, they aren't required to provide additional information, Patterson explains.
"On paper, they are the applicant. In actuality, they are the respondent," he explains.
The tenant must also submit evidence they plan to use in the dispute resolution to the landlord before the RTB hearing.
If a tenant is issued a 10-day eviction notice or a one-month notice to end the tenancy, they have limited time to file for dispute resolution. In the past, hearings were scheduled well in advance. This gave the tenant more time to gather evidence, submit it to the landlord, and then provide it to the RTB.
"Over the last three to six months, [the process] has gotten worse," he notes, adding that having a hearing three to four weeks after the notice gives the tenant barely any time to prepare.
"This is especially difficult for a tenant working multiple jobs or a single parent," he says. "It's not a system that [is reasonable] for the tenants."
Patterson says dispute hearings occurred on a dramatically different schedule a couple of years ago. Sometimes, tenants had to wait several months for a hearing. Of course, if a tenant needs a repair, there's an incentive to speed up the process.
"They have streamlined the process and are pushing the lever so far in the direction of speed and efficiency," he notes, underscoring that this shift has left numerous tenants behind.
What should tenants keep in mind if they are served an eviction notice?
Tenants need to know the deadline to file for dispute resolution and ensure they don't miss any steps. Each type of eviction has its filing deadlines and requirements; missing any steps could mean tenants don't have any opportunity to plead their case.
Renters should also reach out to an advocate or lawyer immediately after they receive the notice (if they plan on doing so). Since hearings are getting scheduled so quickly, they may not have an opportunity to speak to someone before the deadline.
"The hearings are scheduled aggressively now," he notes. "TRAC has to turn people away because [we] can't help everyone."
Patterson adds that extensions are rarely granted for renters who miss deadlines with the RTB.
Vancouver resident Marian Kurvers recently petitioned a decision to uphold her landlord's (Strathmore Lodge Co.) one-month notice to end the tenancy for cause at a hearing at the Residential Tenancy Branch (RTB). She was successful but had to petition B.C.'s highest court for judicial review after two RTB arbitrators dismissed her claims. Her original evidence was dismissed entirely because she didn't meet the claim deadline.
"If you look in the context of our legal system, there are so few places that work on this timescale," he says. "If you are being discriminated against in the Human Rights Code, you may have to wait up to a year. If you go through a civil resolution, [such as if] your roommate stole valuables, you'll also go through a long process."
The tenancy advocate says the current system favours the wrong party amid a housing crisis.
"The fundamental problem that opens the door to abuse."
