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Residential Tenancies Branch
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Section 6 |
Abandonment |
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Sub-Section 6.1 |
General Information |
Legislation |
s. 1(3), 106, The Residential Tenancies Act
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Definitions |
Abandonment: an abandonment is when a tenant:
leaves the rental unit, without proper notice, and tells the
landlord that they don’t plan to come back; or
isn’t living in the rental unit and hasn’t told the landlord
they’re going to live there again; the tenant’s rent has also run
out.
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Policy |
If a landlord believes a tenant may have
abandoned a rental unit, the landlord should post a notice to the
tenant on the door of the rental unit, saying that:
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the landlord believes that the tenant has abandoned the unit
and the landlord plans to enter the unit to deal with the tenant’s
belongings; the Branch can provide a sample copy of this kind of
notice; or
- the landlord plans to enter the unit to inspect.
In some cases, a tenant who rents a mobile home
lot may abandon their mobile home and its contents. If a landlord
believes that the tenant has abandoned, they should post a notice on
the door of the mobile home. The landlord may change the wording on
the notice to fit their situation.
When a landlord posts either notice, they must give the tenant
at least 24 hours to contact them.
<><><><>
If the rental unit is unlocked or not secure when
the landlord posts the notice, the landlord should make it secure.
The landlord should leave a notice on the door, telling the tenant
who to call for a key. The landlord must give the tenant a key if
the tenant responds to the notice.
<><><><>
When a landlord enters a rental unit, the
landlord should look for confirmation that the tenant has abandoned.
The landlord may want to check to see:
<><><><>
If the tenant doesn’t respond to the posted
notice and the landlord believes the tenant has abandoned, the
landlord can take the rental unit back into their possession and
change the locks.
<><><><>
If a landlord has a tenancy application for the
tenant, they should call the tenant’s relatives or employer to see
if they know where the tenant is. The landlord should also check
with neighbours to see if they’ve seen the tenant at the rental
unit.
<><><><>
While a landlord may call the Branch for
information on abandonment procedures, it’s up to the landlord to
decide if the tenant has really abandoned the unit. If there’s a
dispute about the landlord declaring the unit abandoned, the Branch
will decide if the landlord acted in good faith.
<><><><>
If a tenant leaves pets in the rental unit, the landlord should
contact the Humane Society for information or assistance.
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Procedure |
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Overview |
This policy is included as information for
landlords, tenants and officers. If a landlord has questions about
an abandonment problem, they can ask the Branch for information.
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Steps |
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If a landlord contacts the Branch because they believe the
tenant has abandoned the rental unit, an officer may give the
landlord information about:
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posting a notice on the door of the rental unit;
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looking for signs to confirm that the tenant has abandoned;
and
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what to do with the tenant’s belongings if the landlord
declares the rental unit abandoned.
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The officer may write down the details of the conversation
with the landlord so that the information is on record with the
Branch.
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Forms &
Form Letters
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X-Referencing |
For information on what to do with a tenant’s
abandoned belongings, see Personal Property in this
section.
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Policy
Developed
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March, 2004 |
Last Revision
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Other
Resources |
None |
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