4.9 Enforcing an Eviction
In order to legally remove a tenant and their possessions from a rental unit, the landlord must have an Order of Possession from the Residential Tenancy Branch and a Writ of Possession from BC Supreme Court. Once both of those have been obtained, the landlord can hire a court approved bailiff to remove the tenant and their possessions. Only a court approved bailiff may do this. Not even the police are allowed to execute a Writ of Possession on their own, although they are allowed to be present while the bailiff is working in order to keep the peace.
If your landlord has a Writ of Possession, you could be in serious trouble. Not only could you soon be homeless, but bailiffs are also allowed to sell your belongings (with some exceptions) to help pay your landlord back for the cost of their services.
An illegal lockout could mean that you are without access to money, medication, work tools, and personal identification! If you experience an illegal lockout and are unable to reason with your landlord, contact TRAC, the Residential Tenancy Branch, a legal advocate, or a lawyer immediately. If your landlord continues to ignore the law, you will have to apply for dispute resolution in order to regain access to your home and ask for monetary compensation. The Residential Tenancy Branch considers illegal lockouts a top priority when scheduling hearings.
© 2017 Tenant Resource & Advisory Centre & Justice Education Society