In case you are looking for some basic information, we have put together some FAQs that may be able to help. Please know this is not legal advice and you should consult a professional if you are unsure how to proceed.
How long do I have to dispute an eviction notice?
If you receive an eviction notice, you have the right to challenge it by using the Residential Tenancy Branch’s dispute resolution service. Try to apply as soon as possible, as there are strict deadlines for disputing evictions:
- for a 10 Day Eviction Notice, the deadline is 5 days;
- for a One Month Eviction Notice, the deadline is 10 days;
- for a Two Month Eviction Notice, the deadline is 15 days; and
- for a Four Month Eviction Notice, the deadline is 30 days.
What happens after filing a dispute with the Residential Tenancy Branch?
If your application for dispute resolution is approved, you will be provided with a hearing package that says when your hearing will be held and what you can expect. Dispute resolution is a legal proceeding, but less formal than court. Hearings are occasionally held in person or in writing, but they are most commonly conducted over the phone.
The person in charge of the dispute resolution hearing, an “arbitrator”, has the task of conducting the hearing, weighing the evidence, applying the law, and reaching a decision. For applications involving evictions, the primary responsibility is on the landlord to show evidence in support of the eviction, but the tenant can also defend themselves by submitting their own evidence.
What resources are available?
- Tenant Resource & Advisory Centre (TRAC), including their Tenant Survival Guide which includes a section on Evictions.
- TRAC’s online course, Renting It Right
- Residential Tenancy Branch.
- PovNet, for contact and website information for tenancy advocates near you.
- Access Pro Bono, Lawyer Referral Service, and private bar lawyers.
- The Clicklaw common question "My landlord is threatening to evict me."