Metro Vancouver tenants are advised to act quickly if their landlord issues an eviction notice they believe is illegal.
Tenant Resource and Advisory Centre (TRAC) Lawyer Rob Patterson says the process for fighting evictions is "backwards" in British Columbia, as it puts the onus on tenants to produce evidence and apply for dispute resolution.
Other Canadian provinces and parts of the U.S. require the landlord to gather evidence before submitting a request to oust a tenant. In B.C., they simply check off the reason on the requisite form.
Patterson notes that hearings with the Residential Tenancy Branch (RTB) are also being scheduled rapidly, allowing very little time for tenants to fight illegal evictions. They must also first submit evidence they plan to use in a hearing to their landlords.
What should I do if I'm served an eviction notice in Metro Vancouver?
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.
There are several types of eviction notices and tenants must be aware of the critical deadlines for each one.
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10-day eviction notice for non-payment of rent: A landlord may serve this notice if a tenant is late paying rent, even if it is only by one day. They have five days to pay the rent in full once it is issued or they may be evicted. Otherwise, they can file for dispute resolution within five days if they believe their landlord is lying. Landlords can also issue a notice to oust tenants for unpaid utilities, although tenants have up to 30 days to produce the money.
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One-month eviction notice for cause: A landlord may issue a one-month eviction notice for cause if a tenant breaks a material term of the tenancy agreement. This could mean anything from repeatedly paying rent late to unreasonably disturbing other tenants, engaging in illegal activities to having too many occupants in the rental unit, and several other reasons. Tenants have 10 days to challenge this notice.
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Two-month eviction notice to a tenant who ceases to qualify for a rental unit: Tenants who no longer qualify to live in a subsidized rental unit may be issued this notice. TRAC notes that this may occur when they no longer meet their "housing provider’s eligibility requirements for income, health, or number of occupants." Tenants have 15 days to dispute this but, unlike other evictions, the burden of proof is on the landlord.
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Four-month eviction notice for the landlord's use: If the landlord or a close family member of the landlord wishes to occupy the unit they may issue this notice. They may also do this if they plan to demolish it, convert a residential property into strata lots or cooperative housing, or convert it for use by the caretaker, manager, or superintendent of the residential property. They may also wish to convert it for non-residential use. Tenants have 30 days to dispute this notice. Landlords cannot issue this notice in rental buildings (excluding strata buildings) with five or more units.
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Early eviction: Landlords may issue an order for an immediate eviction in extreme cases. The landlord doesn't have to serve them with an eviction notice but must provide them with notice of the hearing so they can prepare evidence.
Get clarity from your landlord
If a landlord issues a notice to end the tenancy, renters have the right to know exactly why it is happening. However, landlords may only check off a box or two on the form that doesn't illustrate exactly how the problem occurred.
"For example, in a one-month notice for cause, there are many boxes the landlord could check, such as 'significantly disturbed another occupant' but then leave the box to fill in at the bottom blank," Patterson explains.
Unless the landlord talked to them, the tenant won't know exactly how they disturbed other occupants. The RTB might not believe the "disturbance" warrants an eviction.
If a tenant wants clarity before applying for dispute resolution, they should ask their landlord to explain why they are being evicted in writing.
What if you are away when the landlord serves you a notice?
A tenant who is served an eviction notice while not currently occupying the unit for another reason may face difficulties.
It is possible the landlord could move another tenant into the unit while the renter is travelling. If this happens, they may be awarded considerable compensation in a hearing but aren't likely to get their rental unit back.
For this reason, Patterson advises renters to inform landlords when they plan to travel. They should also alert trusted friends and family when they go away. The landlord could contact them in emergencies.
"The key thing is not to miss the deadline. Extensions can be challenging and are almost limited to hospital stays."
