What happens if a landlord loses an eviction case?

The landlord applies to the RTDRS or the court for an order of recovery of possession, which must be filed with the Court of King's Bench before a civil enforcement agency can remove an occupant. If no order is granted, there is nothing to enforce, and a landlord cannot evict without one. The Act sets offences in section 60. A notice for a reason that is not allowed has no effect, so a tenant who disagrees can say so in writing before the termination date on a 14-day notice that is not about rent.

A landlord can ask for a correction within 30 days or appeal on a question of law or jurisdiction to the Court of King's Bench within 30 days after the order is filed. An appeal does not stop the order unless the court orders a stay.

A tenant who applies to dispute the notice within the deadline puts the notice on hold, and the landlord must prove it. The deadlines are 5 days for a 10-day notice for unpaid rent, 10 days for a one-month notice for cause, 15 days for a two-month notice when the tenant no longer qualifies for subsidized housing, 21 days for a three-month notice for landlord's or purchaser's use and 30 days for a four-month notice for demolition or conversion. If the tenant disputes and the notice is not valid or not proven, no order of possession follows. A decision is final and binding, and the landlord's options are a review (2 days for an order of possession) or a petition for judicial review in the BC Supreme Court within 60 days.

A tenant who receives a section 49 notice, such as a landlord's-use notice, is entitled to one month's rent from the landlord under section 51(1), which is separate from who wins the case. Enforcement is by a writ of possession from the BC Supreme Court and a court bailiff, and self-help by the landlord is illegal, with a penalty of up to $5,000.

The Residential Tenancies Branch will not grant possession on an invalid notice. Disputing a notice needs no form and has no deadline, so the tenant contests it at the hearing. A decision usually comes within 2 working days. A landlord who loses can appeal to the Residential Tenancies Commission within 7 days for an order of possession or 14 days for other orders, and the appeal stays the order unless the Commission says otherwise. The Act also says a decision of the director or the Commission is not subject to appeal or review by any court.

A landlord may not lock a tenant out. The penalties set in the regulation are $1,000, $3,000 and $5,000, up to a cap of $5,000. Even after the landlord wins, possession is enforced by Sheriff's Officers, not by the landlord.

The landlord applies to the Office of Residential Tenancies (fee $50, non-refundable), and a hearing can go ahead by phone, or without a notified party who does not attend. A wrong effective date on a notice is corrected rather than making the notice void. If the landlord loses, they can ask for correction within 15 days or appeal to the Court of King's Bench on a question of law or jurisdiction within 30 days, and filing stays enforcement.

A landlord cannot change the locks without giving new keys or seize a tenant's property. Fines under section 79 are up to $500 or six months for an individual, and up to $1,000 for a corporation. Accepting arrears after a notice does not by itself cancel the notice.

At every eviction hearing the Landlord and Tenant Board must consider relief from eviction. It can refuse the eviction or delay it within prescribed limits, and it must refuse in listed cases such as retaliation or a serious breach by the landlord. For rent, a tenant voids an N4 by paying all arrears plus new rent due before the landlord files an L1. A landlord who loses can file a Request to Review within 15 days or appeal to the Divisional Court within 30 days on a question of law, and filing stays the order.

Only the Court Enforcement Office (Sheriff) can carry out an eviction, and it charges the landlord a fee. Fines for illegal acts such as changing the locks go up to $100,000 for an individual and $500,000 for a corporation.

The landlord applies in writing, and the officer investigates after hearing from the tenant and may issue an Eviction Order. If no order is issued, the tenancy continues. A rent notice is cancelled by paying within 7 days. Either side can apply to a judge of the Court of King's Bench within 7 days on a question of jurisdiction or error of law, and applying stays the order.

Self-help is prohibited. Locks may be changed only with the officer's written permission or with a sheriff present. A tenant who thinks a notice is retaliation has 15 days to act.

A landlord needs a Director's order. Mediation is tried first, and a mediated settlement is binding and cannot be appealed. If the application is not granted, the tenant stays. A landlord can appeal to the Small Claims Court within 10 days, for a new hearing decided within 14 days, and further only for jurisdictional error, error of law or breach of natural justice.

A landlord cannot hold or dispose of a tenant's property except under a Director's order, and cannot bar access. The offence fine is up to $1,000. Locks cannot be changed without mutual consent. Retaliation is addressed in section 20 of the Act.

The Director may refuse an application, mediate, hold a hearing (oral, by phone or in writing) or issue an order without one. A landlord cannot regain possession any other way than through a vacate order and the sheriff, who may not act until the appeal period ends. A landlord who loses can ask the Director to correct or clarify within 15 days, or appeal to IRAC within 20 days (7 days for a vacate order for non-payment or cause). Serving the appeal stays the order.

A landlord may not change the locks without giving a key or seize belongings. The penalties are an administrative penalty of up to $10,000 per day, and a fine of up to $25,000 under the Act.

If the landlord who applied does not attend the hearing, the application is dismissed. Only after an order does the landlord apply to have it certified and take it to the Office of the High Sheriff; the Residential Tenancies Office does not enforce. A landlord can appeal to the Supreme Court of Newfoundland and Labrador on a question of jurisdiction or law, not later than 30 days after a copy of the order is provided.

A landlord must store a tenant's belongings for 30 days after putting them in storage and needs the director's permission to dispose of anything other than obvious garbage. The penalty under section 51 is up to $3,000 for an individual and up to $10,000 for a corporation. Neither side may disconnect heat, water or electricity without the other's written consent, and disconnecting heat or water can make the unit uninhabitable.