Can You Evict a Tenant for Non-Payment of Rent?

Since March 30, 2020, the government of BC has prohibited evictions for non-payment of rent. This will change as of September 1, 2020.

Evictions for Non-Payment of Rent

Unless the tenant and landlord have an agreement in place for the payment of rent in arrears, starting September 1, 2020, the landlord may evict a tenant for unpaid rents.

This means that ALL rent in arrears must be paid in full by September 1, 2020. Hopefully, the parties would enter into an agreement for the timely payment of rent in arrears. If not, we can see evictions on the rise.

It is always better to avoid an ugly dispute. If that means allowing the tenant to pay the rent in arrears in a reasonable manner, this is generally preferable than taking the matter to the residential tenancy tribunal.

If the parties enter into a repayment agreement, it must be in writing. And, if after entering into the repayment agreement, the tenant defaults on a payment, the landlord would be entitled to serve a notice to end tenancy for failure to pay.

Click here to get more information from the BC’s Residential Tenancy Branch.

What do I do with a Possession Order?

If the landlord is successful at the hearing before the Residential Tenancy Tribunal, the arbitrator will issue a Possession Order. After the review period expires, the landlord must properly serve the Possession Order on the tenant. Thereafter, the landlord must file the Possession Order with the Supreme Court of British Columbia and obtain a Writ of Possession. You must not enforce the Writ of Possession on your own. You must retain a court bailiff to enforce the Writ. Click here to connect with the Residential Tenancy Tribunal of BC for more information about how you can get a Writ of Possession.

Alternatively, if you need help with any of the above, contact us.

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Susan Kim

Susan has successfully litigated family law, commercial, estate and civil cases in Provincial Court, Supreme Court, Federal Court and the Court of Appeal for almost 20 years.

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