Evictions
There are several reasons your landlord could evict you. Any notice of eviction given to you must be on the proper form to be valid. You can always request that an eviction notice be set aside. Setting aside an eviction notice means it’s removed.
Non-Payment of Rent
If you are late paying your rent, your landlord can serve you with an eviction notice one day after your rent is due. If you are served with an eviction notice for non-payment of rent, you have at least 20 days to move out. If the rent is paid within 10 days of the notice, the eviction is void.
This is not a grace period. If you are regularly late paying your rent, your landlord can apply to the Director of Residential Rental Property to end your rental agreement. If the Director rules in favour of your landlord, you will be evicted even if you pay the rent owed.
If your rental agreement includes a late payment penalty, it cannot exceed 1% of your monthly rent. Your landlord can also charge you a non-sufficient funds fee if your rent cheque bounces.
See Paying Rent for more information.
Eviction Notice
If you are being evicted for non-payment of rent, your landlord must provide the notice on the proper form: Form 4 – Notice of Termination by Lessor of Rental Agreement. Reason ‘a’ must be selected.
Timeline
Your landlord can serve you with an eviction notice one day after the rent is due. If you are served with an eviction notice, you have 20 days to move out. The date that you are served with the eviction notice is the date the period comes into effect.
What You Can Do
If you accept the eviction: You must move out by the date noted on the eviction notice. Your landlord must give you at least 20 days to move out.
If you do not accept the eviction: If you receive an eviction notice for non-payment of rent, it is important you pay your rent as soon as possible. If you pay your rent within 10 days, the eviction will become void.
If you know that you will be unable to pay your full rent on time, communicate with your landlord as soon as possible. Your landlord may allow you to pay your rent late. If your landlord agrees, make sure to get your landlord’s permission in writing.
Or: If you do not agree with the eviction notice, you can file a form to have the eviction notice set aside. Setting aside an eviction notice means it’s removed. You must file the Form within 10 calendar days of receiving the eviction notice. You file a Form 6 – Application by Lessee to Set Aside Notice of Termination to have the eviction set aside. A hearing will be scheduled to resolve the matter. During the hearing, your landlord will provide evidence for why they are evicting you. You will be able to present your evidence. To prepare for a hearing, you should read the booklet Preparing for a Hearing.
Breach of a Statutory or Other Condition
There are certain rules you must follow as a tenant. These rules are outlined in your rental agreement and are called conditions. Some conditions are statutory, meaning that they are found in the law and must be followed by all tenants. Your landlord can also ask you to follow other conditions if they do not go against the statutory conditions. If you do not have a rental agreement, you will follow the conditions outlined in the Standard Form of Rental Agreement, along with any verbal agreements you have.
An example of a condition that applies to all tenants is that you or your guests can’t interfere with the quiet enjoyment of other tenants. Other examples are: if your landlord considers you a threat to the safety of others living in the building, or if you are interfering with the quiet enjoyment of other tenants, you may be evicted. If you cause damage to the property beyond “normal wear and tear”, you may be evicted. If your landlord finds there are more people living in the rental unit than considered appropriate by Public Health, you may be evicted.
Eviction Notice
If you are being evicted for a breach of a statutory or other condition, your landlord must provide the notice on the proper form: Form 4 – Notice of Termination by Lessor of Rental Agreement. At least one reason from “b” to “k” must be selected.
Timeline
Your landlord can serve you with an eviction notice even if you break a condition only once. You have one month to move out if you pay rent monthly or one week if you pay rent weekly. The date that you are served with the eviction notice is the date the period comes into effect.
What You Can Do
If you accept the eviction: You must move out by the date written on the eviction notice. Your landlord must give you at least 30 days to move out.
If you do not accept the eviction: If you receive an eviction notice for a breach of a statutory or other condition, you can file with the Director of Residential Rental Property a form to have the eviction set aside. You must file the Form within 10 calendar days of receiving the eviction notice. You file a Form 6 – Application by Lessee to Set Aside Notice of Termination to have the eviction set aside. A hearing will be scheduled to resolve the matter. During the hearing, your landlord will provide evidence for why they are evicting you. You will be able to present your evidence. To prepare for a hearing, you should read Preparing for a Hearing.
Personal Use, Renovations, Conversion to Non-Residential or Demolition
If your landlord wants to use the rental unit for their personal use, including for themselves, their spouse, their children, their parents or the parents of their spouse, they can evict you. Your landlord can also evict you for renovations that can’t be done while you are living in the rental unit, for converting the unit to a use other than residential, and to demolish the property.
Eviction Notice
If you are being evicted for personal use, renovations, conversion to non-residential or demolition, your landlord must provide the notice on the proper form: Form 4 – Notice of Termination by Lessor of Rental Agreement. A reason from the options listed from “l” to “o” must be selected.
Timeline
Your landlord can serve you with an eviction notice at any point. If you are served with an eviction notice, your landlord must give you at least 60 days to move out. If you would like to challenge the eviction, you must do so within 20 calendar days of receiving the eviction notice.
What You Can Do
If you accept the eviction: You must move out by the date written on the eviction notice. Your landlord must give you at least 60 days to move out.
If you do not accept the eviction: If you receive an eviction notice for personal use or renovations and you do not agree with the eviction, you must file a form within 20 days of receiving the eviction notice. The 20-day period includes weekends and holidays. You must file Form 6 – Application by Lessee to Set Aside Notice of Termination with the Rental Office. A hearing will be scheduled to resolve the matter. During the hearing, your landlord will give evidence for why they are evicting you. You will be able to present your evidence. To prepare for a hearing, you should read Preparing for a Hearing.
Forms you may need:
Form 4 – Notice of Termination by Lessor of Rental Agreement.
Form 6 – Application by Lessee to Set Aside Notice of Termination