How to Enforce an Eviction in BC
If you're a landlord in British Columbia and the Residential Tenancy Branch (RTB) has issued you an Order of Possession, it means you have legal grounds to reclaim your rental property. However, you must follow a specific legal process, you cannot evict a tenant yourself, even with an RTB order in hand.
This article outlines the correct steps to enforce an eviction through the BC Supreme Court and ensure compliance with the Residential Tenancy Act.
Step 1: Serving the Order of Possession
Once the RTB issues an Order of Possession, your first responsibility is to serve the tenant with a copy of the order. This must be done using a legal method of service, such as in person or by posting it to the door. Each tenant named in the order must receive their own copy.
Serving the order ensures the tenant is officially informed and knows when they are expected to vacate.
Step 2: Waiting Out the Review Period
After being served, the tenant has two days to request a correction, clarification, or formal review of the RTB decision. If the tenant files for review, enforcement is paused until the RTB makes a decision on whether to proceed.
If no review application is submitted within two days, or if the RTB rejects the request, the tenant must comply with the original order and vacate the unit as instructed.
Important: If the tenant refuses to leave, you cannot take matters into your own hands. It is illegal to:
Physically remove the tenant
Change the locks
Dispose of or seize their belongings
Ask the police to evict the tenant (unless directed by a court bailiff)
Only the BC Supreme Court and a court-authorized bailiff have the authority to carry out the eviction.
Step 3: Enforcing the Eviction Through the BC Supreme Court
If the tenant remains in the unit after the review period ends, you’ll need to take your Order of Possession to the BC Supreme Court to obtain a Writ of Possession, which legally authorizes eviction.
Here’s how to do that:
Contact a Court Bailiff
First, get in touch with an authorized court bailiff in your area. Bailiffs are the only individuals legally permitted to enforce the eviction. Ask them about:
Their availability
Cost estimates
Timeframes
Any documents they may require
You can find approved bailiffs through the Ministry of Attorney General’s list of court bailiffs.
2. Prepare and File the Writ of Possession Package
You’ll need to file a set of documents at the Supreme Court registry. These include:
Form 17.2 (Requisition)
Form 52 (Writ of Possession)
Affidavit of Service, sworn at the registry, confirming you served the tenant and they did not vacate
You’ll also need to pay the relevant court filing fees.
3. Notify the Court of Your Bailiff
Once your documents are filed and the Writ is approved, notify the court registry which bailiff you’re working with. The court will send the Writ of Possession directly to the bailiff, giving them the authority to carry out the eviction.
Step 4: Coordinating the Eviction and Recovering Costs
After the court has authorized enforcement, you’ll need to make arrangements with the bailiff. This includes:
Paying a deposit to cover their expenses
Providing any required information from the court or registry
In many cases, the bailiff may also seize and sell the tenant’s property to recover their costs. However, if the value of the property is not enough to cover all fees (including court and bailiff costs), you can apply to the RTB to seek further compensation from the tenant.
Examples of recoverable costs may include:
Bailiff and court fees
Costs associated with delayed move-in of a new tenant (e.g., hotel, storage, meals)
Enforcing an RTB Order of Possession requires careful attention to legal procedure. While it may be frustrating to deal with a tenant who refuses to leave, landlords must avoid taking any action outside of what the law permits. Following the proper process not only protects your legal rights, it ensures the eviction is fair, safe, and enforceable.
This article provides general information and does not constitute legal advice. Residential tenancy laws in British Columbia can change, and individual circumstances vary. Always consult the Residential Tenancy Branch or a qualified legal professional for advice specific to your situation, and refer to the most current legislation and official RTB forms before making any decisions.
