A landlord or tenant may receive a order of possession as an outcome of thedispute resolution process. They must serve and enforce the order. A tenant cannot be evicted unless theirlandlordfollows thecorrect procedure toserveand enforcethe order.
- Review theOrder of Possession Flowchart for Landlords (PDF, 93KB)
On this page
- Serve an Order of Possession
- Enforce an Order of Possession
- Illegal eviction
- Apply for a Writ of Possession
- Recovering costs
- I need help
Serve an Order of Possession
If you are the successful party in the dispute, you need to servea copy of the order to each party named in your original application form.
Methods of service
There are several ways to serve the order.Reviewmethods of serviceto find out your options.
Enforcean Order of Possession
The Residential Tenancy Branch (RTB) does not enforce orders, only the Supreme Court of British Columbiacan enforcean order of possession.
An order cannot be enforced until the review period for an arbitrator’s decision has passed.
Check if the other partyhas applied for review
If you are a landlord or tenant who has been granted an order of possession,you need to first check with the RTB to find out if the other partyhas applied for the decision to be reviewed by the RTB.
The other partyhas 2days to make this application.If the RTBis closed on the last day of the review period, an application for review can be submitted on the next business day the branch is open.
Calculate when the order is considered received
The way an order is served affects how the review period is calculated. The review periodbegins once the other party is considered by law to have received the order.
This is called the considered received date.
For example:
If a landlord posted an order of possession on a tenant’s door on March 5, the earliest date the landlordwould be able to apply for a Writ of Possession to the Supreme Court would be March 11:
- One day after the 3days for the order to be considered received, plus
- Two days for the review period
If anapplicationforreview has been submitted
If yourtenant or landlord has applied for a review, you need to wait for the the RTB to review the order and decide if any further steps will be taken.You can not apply for a Writ of Possession until this process is complete.
Apply for a Writ of Possession
You can apply for aWrit of Possession if:
- The review period is finished andnoapplicationfor a review wassubmitted or
- Theapplication for review considerationis dismissed
Landlord Writ of Possession
AWrit of Possession authorizes the landlord to hire a court bailiff to remove a tenant.
Only an authorized court bailiff can legally remove the occupant and the occupant’s belongings from the rental property.
Tenant Writ of Possession
A tenant Writof Possession varies based on the situation. The court will provide direction to the tenant aboutaccessingthe rental unit or property.
Steps to apply for a Writ of Possession
Step 1: Get a bailiff
Select an authorized court bailiff firm from theMinistry of Attorney General's list of authorized court bailiffsand contact them to find out:
- More about the process, including other required information
- The bailiff firm will let you know what'sneeded
- Associated costs
Step 2: Complete forms and file an application
Complete the forms in theWrit of Possession Package(PDF, 194KB) and file them at a Supreme Court registry.
You also need to swear an affidavit at the court registry.
Step 3: Pay the fees
Pay anynecessary feesto the court registry.
Step 4: Notify the court
Give the court registry clerk the name of the bailiff firm you plan to use.
The court registry forwards the original writ of possession to the court bailiff company you hired.
Step 5: Check in with the bailiff
Make sure the court bailiff has the following:
- The deposit
- A copy of the writ of possession
- Other required information the court may have requested at the beginning of the process
Illegal eviction
A landlord cannot:
- Physically evict a tenant
- Change the locks without an order from the RTB
- Take a tenant's personal property without a court order
- Use a bailiff firm that doesn’t have acontract with the Ministry of Attorney Generalto evict a tenant
A landlord who illegally evicts a tenant may be fined up to $5,000 and may be required to repay costs incurred by the tenant as a result.
Recovering costs
If you are a landlord, you can ask for compensation from the tenant for the costs associated with enforcing a Writ of Possession.
For example, a landlord can recover court bailiff fees or expenses from an incoming tenant for things like:
- Alternate accommodation
- Meals, moving or storage
The writ of possession gives the court bailiff the authority to seize, store and sell the tenant’s possessions in order to recover the landlord’s costs.
- Review the Residential Tenancy Act: Part #5 for more information
If the value of the tenant’s property is too small to cover all the costs, the landlord may:
- Apply to the RTB fordispute resolution
