How to evict a tenant for smoking in British Columbia?

**How to Evict a Tenant for Smoking in British Columbia**

As a landlord in British Columbia, you have the right to establish rules and regulations for your rental property, including smoking policies. If you discover that a tenant is smoking in violation of the established rules, you may be wondering how to proceed with eviction. In this article, we will address the process of evicting a tenant for smoking in British Columbia and provide answers to some frequently asked questions related to this issue.

To evict a tenant for smoking in British Columbia, you must follow specific legal procedures set out by the Residential Tenancy Act. Here are the steps you need to take:

1. **Review the tenancy agreement:** Carefully review the tenancy agreement to ensure it includes a smoking policy that prohibits smoking inside the rental unit. This will provide you with the basis for evicting a tenant for violating the agreement.

2. **Serve a written notice to end tenancy:** Once you have evidence of the tenant’s smoking violation, you need to serve them with a written notice to end tenancy. In this notice, clearly state the reason for eviction, which includes the breach of the no-smoking policy.

3. **Wait for the tenant’s response:** The tenant has five days to dispute the notice or comply with the terms set out in the notice. If the tenant refuses to comply or doesn’t respond within the specified period, you can proceed with the eviction process.

4. **File for dispute resolution:** If the tenant disputes the notice, you will need to apply for dispute resolution with the Residential Tenancy Branch. Provide the necessary evidence, such as photographs or witness statements, to support your claim of smoking violation.

5. **Attend the dispute resolution hearing:** Both parties will have the opportunity to present their case at the dispute resolution hearing. If the arbitrator finds that the tenant has indeed violated the no-smoking policy, they can issue an order of eviction.

6. **Enforce the eviction order:** Once you receive the eviction order from the Residential Tenancy Branch, deliver it to the tenant. If the tenant refuses to vacate the premises, you may need to involve law enforcement to carry out the eviction.

FAQs:

1. Can I include a no-smoking policy in the tenancy agreement?

Yes, as a landlord in British Columbia, you have the right to include a no-smoking policy in the tenancy agreement.

2. What if there is no smoking policy mentioned in the tenancy agreement?

If there is no smoking policy mentioned in the tenancy agreement, it may be challenging to evict a tenant for smoking. It is advisable to include a smoking policy in any future agreements.

3. Can I verbally warn the tenant about smoking before serving a written notice?

While a verbal warning can be helpful, it is always best to serve a written notice to ensure there is a documented record of the tenant’s violation.

4. What if the tenant claims they only smoked outside the rental unit?

If the tenant claims to have only smoked outside the rental unit, it is crucial to investigate further and gather evidence to support or disprove their claim. This may involve witness statements or surveillance footage, if available.

5. Can I charge the tenant for any damages caused by smoking?

Yes, if the smoking has caused damages beyond normal wear and tear, you can deduct the cost of repairs or cleaning from the tenant’s security deposit.

6. Can I evict a tenant if they smoke marijuana for medical purposes?

In British Columbia, the use of medical marijuana is protected under the Human Rights Code. However, tenants must still comply with any smoking policies that prohibit smoking within the rental unit.

7. Can I evict a tenant if they smoke in common areas of a multi-unit building?

Yes, if smoking is prohibited in the common areas of the building, you can take action against a tenant who violates this rule. Follow the same eviction process, starting with serving a written notice to end tenancy.

8. How long does the entire eviction process usually take?

The length of the eviction process can vary. Generally, it may take several weeks to a few months, depending on factors such as the tenant’s response and the workload of the Residential Tenancy Branch.

9. Can I change the locks or remove the tenant’s belongings if they refuse to vacate?

No, as a landlord, you cannot change the locks or remove a tenant’s belongings without a legal eviction order. Doing so can lead to legal consequences.

10. Can I offer the tenant a chance to remedy the smoking violation before proceeding with eviction?

Yes, you have the option to give the tenant an opportunity to rectify the smoking violation before pursuing eviction. This can be mentioned in the written notice to end tenancy.

11. In what situations can a tenant be evicted without notice?

In some cases, such as jeopardizing the safety of others or significant damage to the property, a tenant may be evicted without notice. However, it is advisable to consult with a legal professional and follow proper procedures.

12. Can a tenant claim discrimination if they are evicted for smoking?

While tenants may have the option to claim discrimination, it is important to note that smoking is not a protected ground under the Human Rights Code. As long as the eviction is based on a violation of the no-smoking policy, it is unlikely to be considered discriminatory.

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