The Residential Tenancy Branch (RTB) has the power to issue monetary orders, but they cannot enforce these orders. If your landlord refuses to pay, you will have to go to Small Claims Court to claim your money.
Landlords are required to include their legal name and an address for service as part of your tenancy agreement. You will need to know this information in order to serve your landlord with certain documents, such as a notice to end your your tenancy or a forwarding address for the return of your security and/or pet damage deposit.
If you have concerns about the fairness of your dispute resolution hearing and/or decision, you may have grounds for an appeal through the Residential Tenancy Branch or BC Supreme Court.
You always have the right to challenge an eviction notice that has been given to you by your landlord. However, if you fail to apply for dispute resolution by the required deadline, or do apply in time but lose your hearing, your landlord can obtain an Order of Possession from the Residential Tenancy Branch.
Foreclosure is what happens when the bank or another lender wants to take back the house or apartment you rent because your landlord cannot pay the mortgage. The lender brings a foreclosure action against the property owner to try to force him or her to either make good on the payments or sell the property and pay what is owed to the lender out of the proceeds from the sale.
An eviction occurs when a landlord legally forces a tenant to move out of a rental unit. 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.
Residential Tenancy Branch Policy Guideline 8 defines a material term as: a term that the parties both agree is so important that the most trivial breach of that term gives the other party the right to end the agreement.
You may have to pay your landlord some money if you end your fixed term tenancy early – often referred to as “breaking a lease” – but it is not as simple as automatically owing the remaining months of rent. Once you have broken your lease, your landlord has a legal responsibility to minimize your loss, or “mitigate”, by trying to re-rent your unit at a fair price.
There can be a lot to think about when moving out of a rental unit. Make sure to not neglect any of your legal rights and responsibilities when it comes to properly ending your tenancy.
A sublet occurs when a tenant temporarily moves out and rents their unit to a subtenant until they return, whereas an assignment occurs when a tenant permanently moves out and transfers their agreement to a new tenant. To sublet or assign your tenancy agreement, you must have your landlord’s written consent.