How do I dispute an eviction notice through the Residential Tenancy Branch in BC?
This answer covers the law of British Columbia.
To dispute an eviction notice in BC, you apply for dispute resolution and pay the filing fee, and you must do it before your deadline. The deadline depends on the notice: 5 days for a 10-day notice, 10 days for a 1-month notice, 15 days for a 2-month notice, 21 days for a 3-month notice, and 30 days for a 4-month notice. If you miss it, you are legally considered to have accepted the notice and agreed to move out.
Use the online dispute calculators to confirm your timeline, prepare and serve your evidence, and check your status on the Dispute Access site. Once you apply on time, the notice to end tenancy is on hold. At the hearing, an arbitrator hears both sides, the landlord must show they lawfully evicted, and the decision binds both parties.
If you do not dispute the notice or lose at the hearing, the RTB can grant an Order of Possession, but the order alone does not let the landlord remove you or change the locks. The director may extend a time limit only in exceptional circumstances. A lawyer can confirm your deadline.
Key takeaways
- Your deadline to dispute is 5, 10, 15, 21 or 30 days depending on the notice, and missing it means you are legally considered to have accepted the notice.
- Once you apply on time, the notice to end tenancy is on hold.
- At the hearing an arbitrator hears both sides, the landlord must show they lawfully evicted, and the decision binds both parties.
- An Order of Possession alone does not let the landlord remove you, throw out your belongings or change the locks.