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Disputing an eviction

Last updated on September 10, 2024

Dispute resolution is the formal process for resolving disputes between landlords and tenants. If a tenant has been served with an eviction notice by a landlord, they may be able to dispute the notice. 

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Steps for disputing an eviction

Landlords have to follow rules for how and when a notice to end tenancy can be served.

All notices to end tenancy have multiple pages. The notice is only valid if the landlord serves all pages to the tenant.  

By law, tenants must always be given the correct amount of notice that their tenancy is ending. Each notice to end tenancy form has a date when the tenant must move out of the rental unit. This is the effective date of the notice to end the tenancy.

If a tenant has received an eviction notice from their landlord and is looking to dispute it, they should:

  1. Apply for dispute resolution and pay the filing fee for a dispute resolution application
  2. Use the online dispute calculators to help confirm timelines to file for dispute, or how much the rent can increase
  3. Prepare evidence
  4. Check their application status online at the Dispute Access site

If the tenant applies for dispute resolution before the deadline, the notice to end tenancy is on hold. At the dispute resolution hearing, it’s up to the landlord to provide evidence that they’ve lawfully evicted the tenant. The arbitrator will make a decision that both parties must follow.

​Notices need to be in writing and all parties should keep copies.

What to do before disputing

After checking to see if the landlord served the eviction notice in the proper way, with the proper form and proper cause, and if the tenant is within the timeline to dispute, there are some legal actions they can try.

If a tenant does not want to move out, they must apply for dispute resolution so that an arbitrator can cancel the notice. A tenant should never ignore an eviction notice, even if they are confident that the landlord has no grounds to evict.

If a tenant fails to challenge an eviction notice or loses a dispute resolution hearing, the Residential Tenancy Branch (RTB) can grant an Order of Possession to the landlord.

A landlord must follow four steps to enforce an eviction and remove an overholding tenant:

  1. Serve the tenant with a copy of the Order of Possession
  2. Wait for the 2 day review period to expire. (If the tenant files an Application for Review Consideration (PDF, 332 KB) - RTB Form 2 during the 2 day review period, the RTB will put the Order of Possession on hold. The landlord must then wait to see if the review is in their favour before moving on to the next step)
  3. Take the Order of Possession to the BC Supreme Court and get a Writ of Possession
  4. Use the Writ of Possession to hire a court-approved bailiff to remove the tenant and their belongings

Any change or addition to the tenancy agreement must be in writing and initialed by both the landlord and the tenant. If a change is not agreed to in writing and is not initialed by both the landlord and the tenant, it is not enforceable.

Deadlines for dispute resolution

Tenants who disagree with a notice to end a tenancy must apply for dispute resolution.

There are strict deadlines for disputing eviction notices. If tenants fail to act within the disputation timeline, the tenant is legally considered to have accepted the eviction notice and agreed to move out.

If you receive a:

  • 10-day eviction notice, you have 5 days to apply for dispute resolution 
  • 1-month eviction notice, you have 10 days to apply for dispute resolution 
  • 2-month eviction notice, you have 15 days to apply for dispute resolution 
  • 4-month eviction notice, you have 30 days to apply for dispute resolution 

In exceptional circumstances, arbitrators are able to extend deadlines when applying for a dispute resolution. Evidence is required. See RTB Policy Guideline 36 for more information.

What to do after disputing

If an application for dispute resolution is properly completed and accepted by the director, the director must set the date for a hearing. 

If a party is not satisfied with the outcome of the hearing, they can make a review of decisions and orders based on the Residential Tenancy Act. 

Enforcing an eviction

An Order of Possession gives a landlord the right to reclaim possession of a rental unit. It does not allow the landlord to physically remove the tenant. For example, an Order of Possession does not allow a landlord to throw a tenant’s belongings on the street or change the locks to the rental unit before the tenant has moved out.

After the dispute hearing, an arbitrator will provide a decision document. Sometimes this will include direction for one of the parties to complete a specific task (like repairing a leaky faucet). Occasionally, an arbitrator will also issue a separate document called an order.

Orders are official documents enforceable through the courts, meaning the party must follow the order. The RTB does not enforce orders.

There are two types of orders that the Court will enforce:

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