What should I do if my tenant violates the lease?

For a substantial breach, such as damage, disturbing others or endangering them, a landlord can give at least 14 days' written notice, or apply to the Residential Tenancy Dispute Resolution Service or court. The tenant can object in writing with reasons before the 14 days end. The notice is then ineffective, and the landlord must get an order. The tenant may stay until an order is made. For an assault or threat of assault on the landlord or another tenant, or significant damage, the landlord can give at least 24 hours' written notice, then must apply for an order within 10 days after the tenancy ends or the notice is void.

The tribunal order must be filed with the Court of King's Bench before it takes effect, and only a civil enforcement agency can remove a tenant.

A landlord can serve a One Month Notice to End Tenancy for Cause. Grounds include significantly interfering with or unreasonably disturbing others, putting the landlord's property at significant risk, extraordinary damage, illegal activity and failing to repair damage. The tenant has 10 days to dispute by applying to the Residential Tenancy Branch. A tenant who does not apply in time is treated as having accepted that the tenancy ends. For the most urgent and serious cases, the landlord can apply to end the tenancy early.

If the tenant stays after the notice takes effect, the landlord needs an order of possession and then a writ of possession from the BC Supreme Court. The landlord cannot take possession without it.

The landlord must first give the tenant a written warning to correct the problem within a reasonable time. If it is not fixed, the landlord can give a notice of termination of one rental payment period, effective on the last day of a rental payment period. For serious cases, such as a significant risk to health or safety, extraordinary damage or extraordinary disturbance, the notice can take effect not earlier than 5 days after it is given.

The tenant has no form to file and no deadline to dispute. If the tenant does not move out, the landlord applies to the Residential Tenancies Branch for an order of possession, and the tenant can answer at the hearing. The Branch will not grant possession on an invalid notice. An order is enforced by a writ of possession through the Court of King's Bench and the Sheriff.

A landlord can give notice for cause that takes effect not earlier than one month after the tenant receives it. Grounds include significant interference with others, risk to health, safety or property, extraordinary damage, unrepaired damage and an unremedied breach of a material provision. Before ending a tenancy on most of these grounds, the landlord must give the tenant a reasonable period to remedy any problem that can be remedied.

The tenant has 15 days to dispute in writing. If the tenant disputes, the landlord must apply to the Office of Residential Tenancies and prove the case. A tenant who does not dispute in time is deemed to accept the end date. In serious cases the landlord can apply for an early end order.

A landlord serves a notice on the prescribed form, and the notice does not end the tenancy by itself. For interfering with others, damage or overcrowding, the first notice gives at least 20 days and is void if the tenant stops the conduct, repairs the damage or pays for it, or fixes the overcrowding within 7 days. A second notice for a new problem more than 7 days but less than 6 months later needs at least 14 days. For an illegal act, the notice is 10 days for illegal drug production, trafficking or possession for trafficking, and 20 days otherwise. For wilful damage or serious impairment of safety, the notice is 10 days and cannot be voided. A 10 day notice that cannot be voided also applies to substantial interference where the landlord lives in a building with no more than three units.

If the tenant stays, the landlord applies to the Landlord and Tenant Board, usually within 30 days after the termination date. There is no tenant dispute deadline; the tenant explains at the hearing. Only the Court Enforcement Office can enforce an eviction order.

The landlord serves a notice stating the complaint. The tenant must comply immediately with a complaint about conduct, and within 7 days for other complaints. If the tenant does not, the landlord reports to the Tenant and Landlord Relations Office, and the officer can order compliance and then serve a notice to quit. Where a warning notice is inappropriate, for example extensive damage, the landlord can ask the officer to serve a notice to quit directly, and the officer sets the date to vacate.

If the tenant stays, the landlord applies for an eviction order, which a sheriff enforces. Either side can ask a judge of the Court of King's Bench to review within seven days, but only for lack of jurisdiction or an error of law.

For a breach of statutory condition 3 (interfering with others) or 4 (cleanliness and damage), or subletting without consent, a landlord can serve a notice to quit effective not earlier than 15 days after it is given, or 30 days in a land-lease community. The tenant may apply to the Director to set it aside, and the Act sets no deadline for that application. For significant interference, jeopardizing health or safety, risk to property, illegal activity or extraordinary damage, the landlord can instead apply to the Director to end the tenancy, and the matter goes to a hearing rather than a notice.

The Director must try to mediate. If the tenant does not leave after an order, the order can be made a Small Claims Court order, and the Small Claims Court issues the order for vacant possession.

A notice for cause can be given for repeated late rent, unreasonable damage, serious interference or a safety risk, illegal activity, an unreasonable number of occupants, a material breach not fixed after written notice, or an unauthorized sublet. It takes effect not earlier than one month after the tenant receives it, and the tenant has 10 days to dispute by applying to the Director. A tenant who does not dispute in time is deemed to accept the end date. In serious cases the landlord can apply to the Director for an earlier end date.

If the tenant stays, the landlord applies to the Director for an order. A vacate order goes to the sheriff, and the landlord may not regain possession any other way.

For a material breach of a term, the landlord first gives written notice to fix it. If it is not fixed in a reasonable time, the landlord can give a notice of not less than one month before the end of the rental period. A tenant who makes the premises uninhabitable can be given an immediate notice. Failure to clean or repair damage allows a notice of not less than 5 days, and interference with the landlord's or others' peaceful enjoyment or privacy allows a notice of not less than 5 days.

There is no fixed number of days for a tenant to dispute an ordinary notice. A tenant who thinks it is invalid can apply to the director, and a landlord whose tenant stays must apply for an order of possession, enforced by the sheriff. Sheriff costs can be ordered against the tenant, but costs are discretionary.