Unlawful detainer eviction

Unlawful detainer eviction is a US phrase for evicting a tenant who stays after the tenancy ends. In BC that tenant is an overholding tenant, and removal must follow the proper process. A landlord who removes a tenant without lawful process, such as by an unauthorized lockout, may be liable for wrongful eviction.

How BC law treats it

Residential evictions proceed by notice to end tenancy and an order of possession from the Residential Tenancy Branch under the Residential Tenancy Act, SBC 2002, c 78, enforced by a writ of possession from the Supreme Court of British Columbia. A commercial landlord recovers possession by re-entry under the lease, subject to relief from forfeiture, or by applying to the Supreme Court against an overholding tenant under the Commercial Tenancy Act, RSBC 1996, c 57.

What it means for your business

Commercial landlords should follow the lease's default and re-entry provisions carefully, and get advice before re-entering.

Risks and common mistakes

An improper re-entry or lockout can expose the landlord to damages and may allow the tenant to seek relief from forfeiture.

For the full explanation, see our entry on Overholding tenant.

General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.