When an arbitrator upholds an eviction notice, they will typically issue an Order of Possession that requires the tenant to move on short notice – often just 48 hours – despite having the discretion to set longer deadlines under the Residential Tenancy Act.
When disputing an eviction notice, it can be prudent to request adequate time to move – in the event that you lose the hearing. For example, you can explain to the arbitrator that you have children, pets, or a disability that will make it challenging to find new housing and move on short notice. Similarly, you can explain how a longer move-out deadline would not cause significant hardship to the landlord. For example, if it is already the middle of the month, you can argue that, realistically, your landlord will not be able to find new tenants before the start of the next month. Payment of rent can also be a key factor in an arbitrator’s decision to extend a move-out deadline. If you are all caught up on your rent payments, and can continue to pay rent going forward, try to use that as a justification for a more reasonable move-out deadline.
Resources
- TRAC Webpage – Preparing for a Hearing
- RTA Section 55(3) – Order of possession for the landlord
- RTA Section 68(2)(a) – Director's orders: notice to end tenancy
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