Unlawful detainer process

How BC law treats it

At the Residential Tenancy Branch, a landlord files an application for dispute resolution, or a direct request in some unpaid rent cases; a notice of application is a Supreme Court chambers document. 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

Knowing whether your premises are residential or commercial determines the whole process for recovering possession.

Risks and common mistakes

Using residential procedures for commercial premises, or the reverse, wastes time and may leave the landlord without a valid order.