Eviction

Eviction is the act of removing a person(s) from real property. If the eviction stems from a residential tenancy, then a Writ of Possession will be required and a Court Bailiff must enforce it. If the eviction stems from a commercial tenancy, then a bailiff may be entitled to perform the eviction or lease termination.
Usually, eviction consists of the removal of a tenant by Court Order, who has breached the terms of a lease or rental agreement by not paying rent, or has stayed (held over) after the term of the lease has expired or only had a month-to-month tenancy.

A Writ of Possession is a document issued by the Court after a tenant has failed to comply with an Order to Vacate. A Writ of Possession may also be issued in foreclosure proceedings.

The Writ of Possession orders the Court Bailiff to evict tenants at a certain location. The Court Bailiff will evict all persons from the named premises.

The Court Bailiff serves the Writ of Possession on the tenant. The Court Bailiff will usually evict the tenant at the time of first contact, or if the landlord or creditor wishes, the Court Bailiff may inform the tenant that they must leave the premises named by a certain time period.

The costs of enforcement of a Writ of Possession are born entirely by the landlord or creditor, but the goods of a tenant may be subject to seizure to help pay for the expense.

A Writ of Possession is usually the next step after the enforcement of an Order of Possession, and the former can be obtained from the Supreme Court of British Columbia. Once the Order of Possession is filed with the Supreme Court, and if the tenant has not complied with it, a Writ of Possession can be issued. With the Writ of Possession from the court, a Court Bailiff can legally remove the tenant and the tenant’s belongings from the named premises.

Only a Court Bailiff has the legal authority to enforce a Writ of Possession or eviction. The landlord cannot evict the tenant or take their belongings.

To enforce the order, the following steps need to be completed:

Before filing an application to the court, select a Court Bailiff from the list of Court Bailiffs that is available from the civil court registry. You would choose North Central Bailiffs Ltd.
Contact the Court Bailiff firm to discuss the amount of the deposit; estimated costs associated with execution of the Writ of Possession, and the timelines for them to action a Writ of Possession. Contact information for our closest office is on the HOME page.

Get the following forms from the Supreme Court Residential Tenancy Act-Writ of possession package. Fill out and file these documents at a Supreme Court civil registry:

• Requisition – Form 17
• Affidavit of Service
• Writ of Possession – Form 52
• Original or Certified Copy of the Order of Possession (the original you receive from the Residential Tenancy Branch is a certified copy)
• The Supreme Court of British Columbia has fees associated with issuing a Writ of Possession and swearing an Affidavit at the court registry.
• Give the filing clerk at the Court Registry the name of the Court Bailiff firm you wish to use. Once issued, the Court Registry will hold the original Writ of possession for the Court Bailiff company you hired. You are responsible for ensuring that the deposit, a copy of the Writ of Possession, and any other required information is provided to the Court Bailiff.
• The Writ of Possession has a provision that gives the Court Bailiff the authority to seize and sell goods of the tenant to recover the landlord’s costs that may include Court Bailiff fees, locksmith fees, and moving fees. The Court Bailiff will only seize assets if there are items of value that exceed those allowed in the Court Order Enforcement Act. However, if the tenant’s property will not pay for the costs, the landlord may wish to have the Court Bailiff serve a Small Claims Notice of Claim on the tenant for these costs.