Q:I have sent a 30 day eviction notice to a tenant renting all of my house (except specific areas designated as being periodically accessible to me) who caused damage, created dangerous situations, and violated several parts of both the lease and B.C. law (putting locks on doors and subletting) - all within the first month. However the Residential Tenancy Act is not clear (or I did not find it) on the next steps or time frames. For example, I see in the _Residential Tenancy Act - A Guide for Landlords and Tenants_ on page 29 that "The landlord may also apply for an Order of Possession immediately after the tenant's deadline to dispute the notice has passed," however I could not find this in the RTA except apparently phrased rather differently at at 55 (2) that "A landlord may request an order of possession of a rental unit in any of the following circumstances by making an application for dispute resolution: ...(b) a notice to end the tenancy has been given by the landlord, the tenant has not disputed the notice by making an application for dispute resolution and the time for making that application has expired." I do not understand why I would apply for a dispute resolution that I do not want in order to get an Order of Possession, particularly if the tenant has not disputed the eviction notice.
Maybe more importantly, how can I even know whether or not the tenant has applied for a dispute resolution? I see in the RTA at 59 (3) that "... a person who makes an application for dispute resolution must give a copy of the application to the other party within 3 days of making it, or within a different period specified by the director. But what if the tenant does not do that, or what if the director extends the time for the tenant to do so? I do not see how I can "immediately" apply for an Order of Possession.
This situation is complicated by the fact that I am both the owner and landlord and I'm far out of town for an extended period (and, yes, I exhausted all options for property management-it's a small town with almost no property managers).
Thank you!
A:
I glean from your information that you really want to know "... why I would apply for a dispute resolution that I do not want in order to get an Order of Possession, particularly if the tenant has not disputed the eviction notice." You next question appears to be "..how can I even know whether or not the tenant has applied for a dispute resolution?" Here is the drill. As a landlord, it is a good idea to want to get an order of possession because it sometimes happens in the landlording business that even when a tenant doesn't dispute a notice to end the tenancy, and even when the tenant says he will be moving out on such and such a date 'No Problem', somehow little problems tend to crop up - like the tenant doesn't actually leave when he said he would. Sometimes, to the chagrin and surprise of the landlord, the tenant is still living in the premises when the end date of the tenancy comes and goes. This is where an order of possession, properly dated, stamped, authorized, etc. will come in very handy for the landlord. And this is because the landlord often becomes irate in such a situation, and calls the cops, and asks for assistance in encouraging the occupants to vacate the premises, "R.F.N"! When push comes to shove and there is a scene in the street, (which does happen in landlord-tenant disputes), the local constabulatory are summoned to intervene, and they insist on having a squiz at the paperwork, which is where the OP comes in particularly handy. So, short form, a landlord obtaining an order of possession and registering it, is insurance, and persuasive documentation should there be complications, such as are apt to arise in tenancy disputes. Second question - notification. Any party starting an action / responding to a tenancy dispute must serve the other party with paperwork saying what's up, and providing the gist of their beef. This is how people know if there is a claim made involving them. No paperwork, no service, no claim. In rare circumstances, like when parties can't be found or are making it difficult to be found, substitutional service can be ordered, and this can involve notification by newspaper ads, serving close relatives, lawyers, representatives, etc.
