A BC Landlord Is Frustrated With The Residential Tenancy Branch And Asks How To End a Tenancy Early
BC landlords who have had their own problems with bad tenants were quick to write in to us after our story in September called “Tenant Problems – No Rent, Grow-Op Leaves new BC Landlord Frustrated“.
It was about a new landlord named Angela Cunningham in Prince George and the story started with the landlady renting to the tenant based on trust.
Being an honest and hard-working person who always pays her bills on time she thought others would do the same.
She rented to a tenant based on her “gut feeling” instead of rely on the cold hard truths that are show when you run a BC landlord credit check on tenants.
Sure a tenant can seem ‘nice’ and tell you what you want to hear in order to get you to rent to them. However, as Cunningham found out this means little when you are running a rental property business as she faced a tenant who she also suspected had his own marijuana grow-op set up on her property!
After losing at her first Hearing and not able to evict her tenant, Cunningham said the Residential Tenancy Branch is biased against landlords.
Residential Tenancy Branch
We agree with her and so do many others other BC landlords. Some landlords even want to sell their rentals and invest become a landlord in Alberta where the rules are more fair.
A landlord wrote in:
The BC Residential Tenancy Branch has created so many problems for property owners who rent out premises to tenants from hell.
“Years ago landlords had some type of control, and now it is practically non existent.
The landlords in the Hood who do not care what type of activity takes places in the rented premises can simply sit back and collect–and the type of tenant renting is happy living under those conditions.
A responsible property owner normally has little, if no knowledge, of the person who will be occupying their premises. Thousands and thousands in damages can occur and the property owner will eventually realize the lesson in futility they will experience when attempting to recover repair costs from a tenant..
Any property owner who rents had best be prepared for a tenant from hell which makes their attempt to capitalize on a rental property an absolute nightmare.
Another B.C. Landlord wrote:
“I am 0 for 2 so far, nothing but losers and deadbeats. Even I didn’t know that it was a whole ordeal, basically I would suggest they get the person out of there, do what ever you have to just get them off your property, deal with the tenant board after.”
How Can You Terminate a Tenancy Early in British Columbia?
Once you get into problems with tenants make sure you contact a licensed legal professional for legal advice and help.
The Province did provide a basic overview of what you can do that is worthwhile reading for small landlords.
Here is what The Province website suggests for landlords:
1) File a notice to end tenancy.
There are three different kinds of eviction notices that landlords can serve to tenants depending on the circumstances: A 10-day notice (for tenants who do not pay their rent or utilities when due); a 30-day notice (for cases where the tenant has caused “extraordinary” damage to the property, engaged in illegal activity or jeopardized the safety of the landlord or another tenant); and a two-month notice (for when the landlord intends to do major construction, use the property or when the tenant no longer applies for subsidized housing). Each notice must be served in a specific manner and the tenant has a specific window to dispute the eviction depending on the type of notice served.
2) Apply for an Order of Possession.
If the tenant does not apply to dispute the eviction notice, a landlord is able to apply for an Order of Possession through the Residential Tenancy Branch. This order compels the tenant to move out and gives the landlord the power to repossess the property and/or unit. The landlord must serve the tenant with the order.
3) Apply for a Writ of Possession.
Under law, a landlord is not allowed to physically remove a tenant, lock a tenant out or take possession of a tenant’s property. If a renter refuses to vacate a property after their tenancy has legally concluded, then a landlord is able to apply for a Write of Possession from B.C. Supreme Court. The writ allows a court bailiff to legally remove the tenant from the property and return ownership the property to the landlord.
4) Hire a bailiff
The landlord is required to pay for the bailiff to come and remove the renter, which could cost between $900 and $5,000, according to a spokesperson from the Residential Tenancy Branch. Some of this cost, however, can be recovered from the sale of the tenant’s possession, which the bailiff has the authority to do under the Writ of Possession.
Avoid Tenant Problems With Good Tenant Screening!
You can do this with proper tenant screening, including running a credit check on your tenants. Choose good tenants and avoid huge hassles and losing money!