What Tenants Should Know About Legal Evictions and Bailiffs in BC
If you receive an eviction notice or Order of Possession from the Residential Tenancy Branch (RTB), it's important to understand your rights and the eviction process. Here's what you need to know:
Illegal Lockouts Are Unlawful
Landlords cannot evict you on their own or change the locks without legal authority. Even with an RTB Order of Possession, landlords must enforce the eviction through the proper legal channels, specifically, through the BC Supreme Court and with a court-authorized bailiff. Attempted self-evictions like lockouts or removal of personal property are prohibited and may result in penalties under the Residential Tenancy Act (RTA).
Police May Be Present, but They Don’t Evict
Eviction is carried out exclusively by authorized court bailiffs. The police do not have authority to remove tenants. They may attend a scheduled eviction to prevent conflict or violence, but only when accompanied by a bailiff with a valid writ.
What Happens If You Don’t Move Out
If you stay past the move-out date outlined in your Order of Possession, or in an eviction notice, you may be considered an “overholding tenant.” This can result in financial liability, including coverage of bailiff fees and compensation to the landlord for any delays in re-renting their property.
Court-Authorized Bailiffs Only
Only bailiffs licensed by the Ministry of Attorney General are legally permitted to enforce a Writ of Possession. If someone claims to be a bailiff at your door, always ask for official identification and verify their credentials through the BC government’s published list.
Protected Property During Evictions
If bailiffs seize your belongings, you have the right to protect certain essential items. Exemptions include:
Necessary clothing
Household furniture and appliances (up to $4,000 in value)
One motor vehicle (up to $5,000 in value)
Tools essential to your income (up to $10,000 in value)
Medical and dental aids
Bailiffs usually offer you a chance to claim these exemptions when they arrive. If you weren't given the opportunity, you must contact the bailiff company immediately. You will have two days from the time you first learn your belongings were seized to make a claim.
If You Think Your Eviction Is Wrong
If you believe the Order of Possession was issued in error or that the eviction exists on unfair grounds, you have two days from service of the order to request a review from the RTB. This pauses the eviction process while the RTB considers your request. Only after the RTB processes the review or the period expires without one can the eviction proceed through court enforcement.
Final Tips for Tenants
Do not resist forcefully or allow yourself to be intimidated into vacating
If you receive notice of eviction, consider contacting a legal advocate right away
Be aware of your right to dispute the RTB decision within the two‑day review window
Understand that you can be asked to pay for bailiff fees or related costs if you overstay beyond the deadline
Always demand proper ID if you are approached by someone claiming to carry out an eviction
Why This Matters
Evictions in BC must follow a carefully regulated legal process. While the RTB can issue Orders of Possession, only the courts and authorized bailiffs are permitted to enforce them. Illegal lockouts or self-enforced evictions may expose tenants to legal risk, and landlords to penalties under the RTA.
By knowing your rights and responsibilities, you can respond to an eviction notice with clarity and confidence. If you're unsure, seeking legal advice or contacting a tenancy support service can help protect your interests.
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.
