- My landlord served me with an order of possession for renovations in December and I was supposed to move out on April 30th. If this state of emergency is still in effect on April 30th, can I be evicted?
No. Your landlord must not file an order of possession in the Supreme Court of British Columbia. Your landlord would need to do that in order to get a writ of possession from the Court to give to a bailiff to evict you. During this time, your landlord should only obtain a writ of possession if it would be unreasonable, or unfair to landlord or other occupants of the residential property, to wait for the state of emergency to end and you or a person permitted on the residential property by you has done any of the following:
a) significantly interfered with or unreasonably disturbed another occupant or the landlord;
b) seriously jeopardized the health or safety of the landlord or another occupant;
c) put the landlord’s property at significant risk;
d) engaged in illegal activity that
i. has caused or is likely to cause damage to the landlord’s property,
ii. has adversely affected or is likely to adversely affect the quiet enjoyment, security, safety or physical well-being of another occupant of the residential property, or
iii. has jeopardized or is likely to jeopardize a lawful right or interest of another occupant or the landlord;
e) caused extraordinary damage to the residential property;
f) the rental unit must be vacated to comply with an order of a municipal, provincial or federal authority, and it would be unreasonable to wait for the state of emergency to end;
g) the rental unit is uninhabitable; or
h) the tenancy agreement is otherwise frustrated.
After the state of emergency is lifted, your landlord can resume taking steps to evict you.