Refusing to leave

What if they do not leave?

When it’s time for your guest to leave and they don’t, what should you do? This is a fear that many people have. What you can do depends on the structure of your living arrangement.

If your guest is an occupant, the formal eviction process through the Tenancy Board usually does not apply. This means they must vacate the property and do not have protections under the Residential Tenancy Act. In these situations, you can notify the police if the person (now trespasser) refuses to leave. 

If your guest is a tenant of the property, you will have to follow your province/state’s tenancy laws. In most situations, this will require applying for an order of Possession through your Residential Tenancy Branch. You may be able to claim costs associated with the eviction process against the tenant. The police do not have the authority to evict tenants on their own. However, you may ask a court-approved bailiff to attend the eviction to keep the peace. Always consult your local Tenancy Laws.

Need some help? Being enrolling in a companion housing program with a local organization will give you peace of mind in situations like this. In most cases, a staff member will be able to help you mediate issues and find a peaceful way for everyone to part ways. Having this third party talk through the situation with everyone will usually defuse the situation.