Unlawful detainer judgment

An unlawful detainer judgment is a US court judgment giving a landlord possession. BC does not use this term. In residential matters the Residential Tenancy Branch issues an order of possession, which is enforced through a writ of possession from the Supreme Court of British Columbia; in commercial matters the Supreme Court makes the possession order directly.

How BC law treats it

A Residential Tenancy Branch order of possession is filed in the Supreme Court of British Columbia, which issues a writ of possession executed by a court bailiff. Commercial overholding tenant applications are brought in the Supreme Court under the Commercial Tenancy Act, RSBC 1996, c 57.

What it means for your business

Getting a possession order is not the last step; plan for enforcement through a court bailiff if the tenant still does not leave.

Risks and common mistakes

Removing a tenant yourself after obtaining an order, instead of using a court bailiff, can create liability.

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.