If a tenant does not dispute a One Month Notice, or they participate in a dispute resolution hearing but lose, the move-out date will most likely be the last day of the next month (assuming rent is paid on the 1st of the month). However, even if your tenancy agreement does not include a term about the occupant limit, your landlord can still give you a One Month Eviction Notice for Cause under section 47(1)(c) of the RTA if they believe you have moved in an unreasonable number of roommates. If so, your landlord would have a strong case for eviction if you exceeded the maximum. Occupant limit: Your tenancy agreement may limit the number of permanent occupants allowed in your rental unit.
60 day notice to quit all tenants full#
At this hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.įor a full list of reasons for receiving a One Month Eviction Notice, see section 47 of the Residential Tenancy Act (RTA). If you feel that your landlord has unfairly given you a One Month Notice, you have 10 days to challenge the notice by applying for dispute resolution through the RTB.
having too many occupants living in the rental unit.endangering the landlord or other occupants.seriously damaging the rental unit or building.repeatedly paying rent late (the general rule is least three times within a 12-month period).unreasonably disturbing the landlord or other occupants.Here are the most common reasons for receiving a One Month Notice: One Month Eviction Notices for Cause are generally given to tenants for not following legal responsibilities under the Residential Tenancy Act or their tenancy agreement. See TRAC’s webpage, Applying for Dispute Resolution / Direct Requests, for more information. If you do not pay your rent or apply for dispute resolution within five days of receiving the notice, your landlord can use the Residential Tenancy Branch’s “Direct Request” process to quickly obtain an Order of Possession without even participating in a dispute resolution hearing. If the tenant does not pay the amount they owe by the end of those 30 days, the landlord can treat the unpaid utilities as unpaid rent, and give the tenant a 10 Day Notice.Ī 10 Day Eviction Notice is the most serious of the four types of evictions. However, the landlord must first give the tenant 30 days’ written notice demanding payment. See section 46 of the Residential Tenancy Act (RTA) for more information.Ī tenant can also be evicted for not paying for utilities that are required to be paid as part of their tenancy agreement. If you choose neither of these options within five days of receiving the eviction notice, you will be expected to move out by the 10th day. Alternatively, if your landlord is lying about the unpaid rent, you can apply for dispute resolution within five days so that an arbitrator can cancel the notice. Once you have received a 10 Day Notice, you have only five days to cancel the notice by paying the full rent.
This is the most serious type of eviction notice and must be dealt with immediately if you want to save your housing. If you are late by even one day, or short by any amount of money, your landlord has the right to give you a 10 Day Eviction Notice for Non-Payment of Rent. Paying the full rent on time is one of a tenant’s most important legal responsibilities. If your landlord wants to evict you, they must give you an approved notice with an acceptable reason for eviction according to the Residential Tenancy Act.ġ0 Day Eviction Notice for Non-Payment of Rent An eviction occurs when a landlord legally forces a tenant to move out of a rental unit.
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