03 Aug How To Evict a Tenant Quickly – A Detailed Guide
We have all heard those not so nice tenant experiences from other people and hope that it will never happen to us. But more often than not, even after doing everything you can to screen and choose your tenants wisely, situations may arise where a tenant is not cooperating, not paying their rent, or is otherwise disobeying and disrespecting the rules of your legally binding tenancy agreement. If you are facing tenant problems, read the detailed guide below for help and information regarding How To Evict a Tenant Quickly.
If the tenant keeps disrespecting what you agreed to in your tenancy agreement and will not co-operate to end the tenancy mutually on peaceful terms, unfortunately, the next step is sending your tenant an eviction notice. In these types of situations, a tenant still may not move out after they receive an eviction notice, they may apply for a dispute resolution hearing at the Tenancy Branch.
When you know or not quite certain if your tenant’s actions are in breach of your tenancy agreement, contact GVC Property Solutions Inc. (GVCPS), a real estate investment Company for further advice. GVCPS offers free consultation to your tenancy problems and has 25 years of experience in the eviction service industry.
During this time, it is important that you read your tenancy agreement and identify any specific breach on the tenant’s part and communicate this clearly with your tenant to demand that they either immediately rectify their breach of agreement and send your tenant and eviction notice.
If the tenant still continues to breach your tenancy agreement or the Residential Tenancy Act then speak to a tenancy law specialist at GVCPS for suggestions and advice how to evict a tenant quickly. GVCPS will explain the eviction process to you and how you can evict a tenant quickly and legally.
Evicting a Tenant
You can take action to evict a Tenant if the Tenant has failed to pay the rent, has caused unreasonable damage, or has bothered you or another Tenant. You may also evict a Tenant if you or an immediate family member (parent, son or daughter of you or your spouse only) wants to move in, or if you sell the rental unit and the new owner or the owner’s immediate family wants to move in.
If you have the necessary building permits, you can end a tenancy to carry out major renovations or demolish the unit. The Residential Tenancy Branch takes eviction disputes very seriously and so you must make sure you have legal reason to end the tenancy. Tenants do have the right to dispute a Notice to End Tenancy by applying for dispute resolution if they suspect the notice is not permitted by the Residential Tenancy Act.
Dispute resolution is the formal process for resolving disputes between landlords and tenants – it’s similar to a court proceeding.
In the Notice to End Tenancy, the landlord must inform the tenant the date the landlord wants you to move out by. The landlord must give the tenant the notice a certain number of days before that date. How many days before depends on which reason for eviction your landlord is using.
Some types of notice must tell the tenant that the landlord can cancel the notice if the tenant stops or corrects whatever the landlord says you are doing wrong.
Both the small claims court and tribunal system have streamlined rules designed to allow litigants to represent themselves without the need for a lawyer. Consequently, there are companies like GVCPS that specialize in residential landlord-tenant law and help the landlord and tenant come to a conclusion. Contact GVCPS & days per week including evenings until 9pm 604-812-3718 or firstname.lastname@example.org
How to Evict a Tenant Quickly:
Landlords must give proper notice to tenants if they plan to end a tenancy – there are different notice forms required for different situations. By law, tenants must always be given the right amount of notice – even if your goal is to evict the tenant for good.
The Proper Forms Used To Give Tenants the Right Amount of Notice
Form 1: Serving a Notice to End Tenancy – 10 Day Notice for Unpaid Rent or Utilities
A 10 Day Notice to End Tenancy for Unpaid Rent or Utilities can be served to tenants who do not pay the full rent or utilities when they are due. Utilities can only be included on this notice if the tenancy agreement requires the tenant to pay these charges to the landlord. The tenant must pay the landlord all the rent for the full month, even if the 10 Day Notice to End Tenancy ends the tenancy before the end of month. If the tenant pays all the rent and utilities owing within five days of receiving the notice, the notice is cancelled and the tenancy continues.
Form 2: One Month Notice to End Tenancy – For Cause
A landlord can serve a tenant with a One Month Notice to End Tenancy when:
- The Tenant hasn’t paid the security deposit or pet damage deposit within 30 days of entering into a tenancy agreement.
- Is repeatedly late paying rent (at least three times)
- Has broken a material term and, after receiving notice of the breach, has not complied with the tenancy agreement
- Knowingly gave false information about the rental unit or building to someone interested in renting a unit or buying the unit or building
- Assigned or sublet the rental unit without the landlord’s consent
- Was provided with a rental unit as a condition of their employment and the employment has ended
- Hasn’t complied within 30 days of receiving an order from the Residential Tenancy Branch (RTB), or the date specified in the order, if greater than 30 days later
- Has an unreasonable number of occupants living in the unit
A landlord can serve a tenant with a One Month Notice to End Tenancy when the Tenant or their Guests have:
- Caused extraordinary damage or put the landlord’s property at significant risk
- Damaged property beyond reasonable wear and tear and haven’t made repairs within a reasonable period
- Seriously risked the health, safety or rights of the landlord or another occupant
- Significantly interfered with or unreasonably disturbed the landlord or other occupants
- Engaged in illegal activity that has adversely affected the quiet enjoyment, security, safety or physical well-being of the landlord or other occupants
- Engaged in illegal activity that has caused or is likely to cause damage to the rental property, or engaged in illegal activity that has risked a lawful right or interest of the landlord or other occupant
When a Tenant Doesn’t Leave After Being Served With An Eviction Notice
If a tenancy is not reinstated and the tenant does not leave by the end date on the notice served by the landlord, or it seems like the tenant won’t leave, the landlord can apply for dispute resolution requesting an Order of Possession – a legal document that orders the tenant to leave.
Serving and Enforcing an Order of Possession
An “Order” issued by an arbitrator at the Tenancy branch are official documents that are enforceable through the courts. This means a B.C. court can force a party to follow what is instructed on the order. The Residential Tenancy Branch does not enforce orders.
If a tenant disputes a Notice to End Tenancy, the Tenancy Branch must grant an Order of Possession to the landlord if the landlord’s notice to end tenancy is in the proper form and the tenant’s application is dismissed or the landlord’s notice is upheld.
If the tenant still doesn’t leave after being served with an Order of Possession, the landlord must obtain a Writ of Possession from the Supreme Court of B.C. in order to hire a bailiff to remove a tenant or their belongings and, if desired, change the locks.
A landlord cannot physically remove a tenant, remove a tenant’s possessions or prevent a tenant from accessing a rental property without a Writ of Possession from the Supreme Court.
Form 3: Two Month Notice to End Tenancy – For Landlord’s Use of the Property
A landlord can serve a tenant with a Two Month Notice to End Tenancy for the Landlord’s use of the property:
Landlord’s use of property applies when the landlord:
- When the landlord moves in or has a close family member live in the rental unit Sells the property and the new owner, or a close family member of the new owner, plans to live in the rental unit if a rental property is sold, there are two ways a tenancy can be ended if, in good faith, the buyer plans to occupy the unit or use the property for another purpose:The buyer makes a written request to the seller to end the tenancy before they take possession of the property (this cannot be a condition of sale) – the existing landlord then must give their tenant a Two Month Notice to End Tenancy for Landlord’s Use of Property.Once the buyer takes possession of the property, they can serve a Two Month Notice to End Tenancy for Landlord’s Use of Property. Unless a landlord (seller or buyer) serves a proper notice to end tenancy, the tenancy continues under the terms of the original tenancy agreement.Close family member: This means the father, mother or child of the landlord or the landlord’s spouse – it doesn’t include the brother or sister of the landlord or the brother or sister of the landlord’s spouse. If a family corporation owns the rental unit, then a close family member would also include an individual who owns, or whose close family member owns, all the voting shares.
- Major Construction
When possible, renovations should be done without evicting the tenant. For example, if the renovations require the unit to be vacant for a short period, the tenant could be relocated and later return to the unit at the same rent.
Major construction means:
- Demolishing the rental unit or doing major renovations that require the building or rental unit to be empty for the work to be done.
- Converting the rental unit to a strata property unit, a not-for-profit housing co-operative or a caretaker’s unit.
- Converting the rental unit for non-residential use, such as a shop. People can occupy the unit, but it must no longer be a rental unit.
- The landlord must have all required government permits and approvals in place before issuing the notice for any of the above reasons.
- Tenant No Longer Qualifies for Subsidized Rental Unit
A public housing body acting as a landlord may serve a Two Month Notice to End Tenancy if the tenant no longer qualifies for a subsidized rental unit. The tenancy agreement must clearly say that the tenancy will end if the tenant no longer qualifies for the subsidy.
A landlord who provides rental housing where rent is geared to income may be considered a public housing body if they are a government agency or have an agreement with a government agency to provide rental housing.
Check out the list of public housing bodies
Doing it Right
A landlord must serve the Two Month Notice to End Tenancy so that it’s received:
At least two months before the effective date of the notice, and Before the day that rent is due. For example, a notice given on March 15 would take effect on the last day of May.
To avoid disputes, both the landlord and tenant should be clear about when the tenant’s notice is effective – that is, which date they will move out and whether more rent will be paid.
By law, tenants must always be given the right amount of notice – even if the landlord uses an incorrect date. This correction can be made without having to go through the dispute resolution process. If you’re unsure about the effective date of a notice to end tenancy, please contact the Residential Tenancy Branch.
All Notices to End Tenancy have two pages – it’s only valid if the landlord serves both pages to the tenant. There are rules about how and when a landlord can serve notice – be sure to do it correctly:
Lookup the rules for serving notices
Good Faith Requirement
A landlord must act in good faith if they plan to end a tenancy to:
- Move into the unit, or have a close family member live in it
- Sell the property and the new owner, or a close family member of the new owner, plans to live in the rental unit
- Have major construction completed in or near the unit
- That means the landlord has honest intentions and no ulterior motive to take advantage of a situation. The landlord must honestly intend to use the rental site for the purposes stated on the notice to end the tenancy
Contact us to discuss what solutions we can provide to help you evict a tenant quickly. We provide free consultation to discuss the different options that are available to you. We are available 7 days per week including evenings until 9:00 pm. Call 604-812-3718 or email: email@example.com