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Rent Eviction 101

If you’re being rent-evicted, you probably need a Private Investigator…. so let’s talk about this issue that is happening EVERYWHERE.

Here’s the scenario: a good, long-term tenant is given an eviction notice by their landlord, on the grounds that the landlord’s son is moving in. This is perfectly legal.

See this excerpt from the government of British Columbia website:

“According to RTA: Sections 49 and 49.1 of the Residential Tenancy Act, a Two Month Notice to End Tenancy (PDF, 597KB) – RTB Form 32 is generally given to tenants if:

  • The landlord, or a close family member of the landlord, wants to occupy a tenant’s rental unit
  • The rental unit was sold and the purchaser, or a close family member of the purchaser, wants to occupy the rental unit
  • The tenant no longer qualifies for their subsidized rental unit

The Residential Tenancy Act defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.”

However, the landlord’s son never moves in. Instead, he puts the property back on the market for double the price.

We see this happening a lot, especially in Vancouver’s sky-rocketing housing market—where the average rent for a 1-bedroom unit tops $3,000 a month.

If the landlord is misusing this eviction clause, you may be entitled to 12 months’ back rent. According to the Tenant Resource and Advisory Centre [TRAC]:

“Your landlord must follow through with the reason for your eviction. If your rental unit is not used for the stated purpose for at least six months, beginning within a reasonable period after the notice takes effect, your landlord may owe you 12 months of your previous rent as compensation.”

How can a Private Investigator help? 

Firstly, we conduct surveillance of the property which may involve a pretext attempt, like approaching the door under the pretext of  delivering a package, to ascertain who is living at the property.

Please note, according to the law, landlords are allowed “reasonable time” to get their unit ready for themselves or a family member to move in, so this is best done a 1-2 months after the eviction. However, according to the Tenancy Act, tenants have only 15 days to dispute their eviction and apply for dispute resolution after receiving a 2 month eviction notice.

So act now. Contact us for a free consultation via email: