Tenant Eviction Process Guide

Summary

Tenants in british columbia have rights under the residential tenancy act, including proper notice for eviction. If a tenant refuses to leave, you can apply for an order of possession through the residential tenancy branch. Tenants do not gain ownership rights by living in a property. Consult a real estate attorney for detailed guidance.

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We want to buy a home, there is a tenant in the home who does not and has not ever paid rent. We do not want to take on the tenant but we want to buy the house, the sellers cannot guarantee vacant possession so we built a clause into our offer that reads:
Hi Kira! It sounds like you're dealing with a tricky situation. In British Columbia, there are specific rules regarding tenant rights:
- Tenants have rights under the Residential Tenancy Act.
- A tenant may not be evicted just because the property is being sold.
- Landlords must give proper notice if they intend to end a tenancy.
Have you considered consulting with a lawyer who specializes in real estate and tenancy law to ensure your interests are protected?
The clause specifies that they will give the tenant 4 months notice
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Kira, the clause you mentioned about giving the tenant 4 months notice aligns with the requirements under the Residential Tenancy Act in British Columbia. Here are some key points to consider:
- The notice must be in writing and in the approved form.
- The notice period begins on the date the tenant receives the notice.
- The notice must state the reasons for ending the tenancy.
Would you like more specific information about the notice procedure, or do you have any other questions about this situation?
If the tenant still refuses to leave, what are our options
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If the tenant refuses to leave after the notice period, here are your options:
- Apply for an Order of Possession through the Residential Tenancy Branch.
- If granted, the order can be enforced by a court bailiff.
Do you need more details on how to apply for an Order of Possession?
Is there any risk the tenant may have rights to the property if they are not on the deed to the house?
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Hi Kira! The tenant does not gain ownership rights to the property simply by living there, even if they are not paying rent. However, they do have rights under the Residential Tenancy Act, such as the right to receive proper notice and the right to contest an eviction. Would you like more details on tenant rights in British Columbia?