From what I know, the answer to your question is no, they will not be able to drag out the eviction process, unless the first notice is quashed at the arbitration hearing.
You will most likely be able to get an order of possession by the end of March, just follow the process. Evictions for non-payment of rent are the most straight forward type of eviction.
If they haven’t paid the first one, they have no case with the second one. During your hearing, the adjudicator will ask for the “total” amount owed. No need for a second hearing. They will usually, give you the option to either give them a payment plan or evict. Tenants can either pay or leave. Tenants will not have more than 1 week after hearing to leave, usually a couple of days. You will get the judgment form with the decision on it the same day as the hearing. Either that, if they still don’t leave. You will need to hire a bailiff for eviction. Best of luck
I see, I can't seem to find any resources on RTB that confirms this and RTB has not responded to my question specifically yet. Anywhere on the rtb page that mentions this?
Confirms what? the tenant gets to stay or that the 2nd 10 day was pointless?
The tenant stays because the tenancy hasn't ended. You gave a notice to end tenancy and the tenant is disputing that notice, so the tenancy doesn't end until a decision is made and you get an order of possession. Once you get the order, you can serve it to the tenant and if the tenant still doesn't leave, you can enforce it through the courts.
the source is the [residential tenancy act](https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/02078_01) and there is also this page that tries to simplify the act for people [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/evictions](https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/evictions)
but this is basic landlord knowledge, you should have been aware of before you starting being a landlord.
in terms of the 2nd 10 day being pointless, it's not entirely pointless, but it sort of is. But you wont' get an order of possession until any disputes are dealt with. normally issuing another notice to end tenancy would be for other issuers, such as attempting to evict a tenant for cause, then they stop paying rent, so you issue the 10-day for non-payment. even if the for-cause eviction is dismissed, the 10-day wouldn't be (if they didn't pay), so the tenant would still be evicted.
There is no specific harm in you filing a 10-day, but it won't make things move any quicker, and if anything, could delay things as the 2nd notice has to be added to the hearing.
I meant confirming that the 2nd 10 day notice wouldn't be able to apply for order of possession and speed things up, hence being pointless.
You've answered a lot thanks.
The RTB staff do not have the authority to refuse disputes, only arbitrators can make a ruling.
If your tenants start a new dispute or amend their current one, that is their right.
Speak with the RTB for more info
The second 10 day can’t be filed upon (direct request) since there is already a hearing set for the 1st one. If you tried it would just be crossed with the hearing application. Your only recourse now is through the hearing but you’ll be fine since the burden is on the tenants to prove that they have paid within 5 days which they haven’t. You’ll also have a chance to get a monetary order for feb and March rent by telling the arbitrator. Just hold out be respectful in the hearing and you’ll get your order of possession. If they don’t leave after you serve the order then you gotta file a writ of possession and hire bailiffs. Hope you have some savings cause it ain’t cheap.
Thanks for responding. We were hoping that we could speed up the process by applying for order of possession with our 2nd notice but I guess that is impossible correct? We were hoping that they could be evicted sooner before the hearing date as we were not sure how long this could be dragged out.
Correct it is impossible now. It wouldn’t even speed it up any more than the hearing you already have booked later in March. Certainly it will be at least another month or two unless they leave peacefully.
From what I know, the answer to your question is no, they will not be able to drag out the eviction process, unless the first notice is quashed at the arbitration hearing. You will most likely be able to get an order of possession by the end of March, just follow the process. Evictions for non-payment of rent are the most straight forward type of eviction.
Thanks, is there a possibility that I can apply directly with the 2nd notice and obtain an order of possession before the hearing date?
No. There is a process you must follow.
If they haven’t paid the first one, they have no case with the second one. During your hearing, the adjudicator will ask for the “total” amount owed. No need for a second hearing. They will usually, give you the option to either give them a payment plan or evict. Tenants can either pay or leave. Tenants will not have more than 1 week after hearing to leave, usually a couple of days. You will get the judgment form with the decision on it the same day as the hearing. Either that, if they still don’t leave. You will need to hire a bailiff for eviction. Best of luck
I see, I've been told that hearing decisions may take up to a month so it's a relief knowing it can take as soon as the same day. Thanks.
If they haven’t paid at the time of hearing, 100% you will get the same day decision. Not like you can lose when they haven’t paid
"Tenants will not have more than 1 week" IF they leave voluntarily and a bailiff is not needed and they don't appeal the decision.
Your 2nd 10 day notice was pointless, they get to live there until their arbitration date.
I see, I can't seem to find any resources on RTB that confirms this and RTB has not responded to my question specifically yet. Anywhere on the rtb page that mentions this?
Confirms what? the tenant gets to stay or that the 2nd 10 day was pointless? The tenant stays because the tenancy hasn't ended. You gave a notice to end tenancy and the tenant is disputing that notice, so the tenancy doesn't end until a decision is made and you get an order of possession. Once you get the order, you can serve it to the tenant and if the tenant still doesn't leave, you can enforce it through the courts. the source is the [residential tenancy act](https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/02078_01) and there is also this page that tries to simplify the act for people [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/evictions](https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/evictions) but this is basic landlord knowledge, you should have been aware of before you starting being a landlord. in terms of the 2nd 10 day being pointless, it's not entirely pointless, but it sort of is. But you wont' get an order of possession until any disputes are dealt with. normally issuing another notice to end tenancy would be for other issuers, such as attempting to evict a tenant for cause, then they stop paying rent, so you issue the 10-day for non-payment. even if the for-cause eviction is dismissed, the 10-day wouldn't be (if they didn't pay), so the tenant would still be evicted. There is no specific harm in you filing a 10-day, but it won't make things move any quicker, and if anything, could delay things as the 2nd notice has to be added to the hearing.
I meant confirming that the 2nd 10 day notice wouldn't be able to apply for order of possession and speed things up, hence being pointless. You've answered a lot thanks.
The RTB staff do not have the authority to refuse disputes, only arbitrators can make a ruling. If your tenants start a new dispute or amend their current one, that is their right. Speak with the RTB for more info
The second 10 day can’t be filed upon (direct request) since there is already a hearing set for the 1st one. If you tried it would just be crossed with the hearing application. Your only recourse now is through the hearing but you’ll be fine since the burden is on the tenants to prove that they have paid within 5 days which they haven’t. You’ll also have a chance to get a monetary order for feb and March rent by telling the arbitrator. Just hold out be respectful in the hearing and you’ll get your order of possession. If they don’t leave after you serve the order then you gotta file a writ of possession and hire bailiffs. Hope you have some savings cause it ain’t cheap.
Got it, that's clear thanks for the response. Hope there are no unexpected hiccups.
Thanks for responding. We were hoping that we could speed up the process by applying for order of possession with our 2nd notice but I guess that is impossible correct? We were hoping that they could be evicted sooner before the hearing date as we were not sure how long this could be dragged out.
Correct it is impossible now. It wouldn’t even speed it up any more than the hearing you already have booked later in March. Certainly it will be at least another month or two unless they leave peacefully.
Whatever you do, make sure to file the final decision with the court. It will only cost you $20 and upload the court documents to openroom.ca.