Writs of Possession
Writs of Possession (Residential Evictions)
A Writ of Possession is a document issued by the Supreme Court that allows a Court Bailiff to evict a tenant after the tenant has failed to comply with the Order of Possession issued by the Residential Tenancy Board. Writs of Possession may also occur during foreclosures. The entire process can be found here.
Only authorized Court Bailiffs have the authority to enforce a Writ of Possession. As the landlord, you are not legally able to remove your tenant or their belongings, or change the locks on the unit.
Once the Writ of Possession is issued, a Court Bailiff will carry out the eviction. All of the tenants belongings will be packed up and removed from the unit and the locks will be changed. If the tenant(s) is/are not at home at the time of the eviction or if the tenant(s) is/are unable or unwilling to remove their goods, we are obligated to place their goods into storage. The landlord is responsible to pay for the first 30 days of storage.
The following is a list of the types of costs that can be incurred during an eviction.
(Supreme Court Fee Schedule)
(Supreme Court Fee Schedule)
(Supreme Court Fee Schedule)
Unless we can combine enforcement with other files in which case time will be apportioned accordingly. Movers begin charging the hourly rate starting from when they leave the office and return back to the office. The Court Bailiffs charge the hourly rate and kilometers to and from the nearest hub location. If an enforcement is cancelled at the landlord’s/agent’s request after the file has been opened and/or scheduled, all costs incurred to date will be billed accordingly.
If you have any questions please call our office between 8:30 am and 5:00 pm Monday to Friday at 604-526-2253.
In order to get started, please fill out these forms and find out more information.
Writs of Possession FAQ
What happens with the tenants goods?
- If the tenant is home at the time of the eviction and is willing and able to deal with their goods their goods will be packed up and removed from the unit and placed outside on the property line. They cannot be left on public property
- If the tenant is not home at the time of the eviction and the goods are in good condition, we will be required to take the goods into storage. The landlord is responsible to pay for the first 30 days of storage.
- After the 30 days, if the tenant has not collected their goods, or paid for additional storage, the goods will be disposed of.
How long does enforcement take?
Our enforcement times vary for Writs of Possession. We operate on a first come first serve basis and do our best to complete every enforcement as quickly as possible. Please contact our office to be advised of our current enforcement wait time.
How much is it going to cost?
- Unfortunately we are unable to give you a total cost prior to enforcement. Each enforcement is different and the total cost is dependent on many variables.
- Our rates are set by the Supreme Court and are listed here (link to rates).
- We are required to have our costs covered at all times so we take a deposit in advance. Our deposit rates are based on the number of bedrooms in the unit and the city. Please contact our office to obtain deposit amount.
Who needs to file at the Court?
- We are unable to file for the Writ of Possession for you.
- Whomever served the tenant with the Order of Possession will need to file for the Writ of Possession at the Supreme Court. If they are unable to do so, they will need to swear an affidavit prior
Where do I start if I want to evict my tenant?
- First you will need to start with the Residential tenancy branch in order to get Order of Possession
- Then once time has passed you will need to file at Supreme Court for a Writ of Possession
- Finally, you will need to submit our forms to us in order for us to be able to open a file and complete your eviction
How do I complete the Court forms?
You may use our Court Forms template to complete your forms. If you require further assistance please call or come into our office.
What days do you carry out enforcements?
Weekdays, generally during normal business hours, hours in which the Court is open. Typically are started around 9:30 in the morning and will continue until we are done.
How much notice will I receive?
Approx. 24 hours, possibly short notice if there is a cancellation
Do I need to be there?
No, but if you will not be there, please inform us how to gain access.
Which courthouse can I file at?
You need to file at the Supreme Court of BC. Registries are located in Vancouver, New Westminster, Abbotsford and Chilliwack.
How long is my Writ good for?
A Writ of Possession is valid for 1 year from the date it was issued by the Court.
Can I just change the locks?
No, you need to hire a Court Bailiff to carry out the eviction legally. Please see illegal eviction info on the government website
What if the residential tenancy board will not help me?
Companies that specialize in eviction services may be able to help. Otherwise you will need to hire a lawyer to get an Order from a judge and have it turned into Writ of Possession. Please call our office for further information.
Can I hire my own movers, store their goods myself etc.
No, it must be done by a third party moving/storage company that is hired by our firm.
Who can be evicted with a Writ of Possession?
Anyone in the unit at the time of the eviction will be removed. i.e. guests, tenants, shared units
Can I request for no movers?
No, we come with a team of movers regardless, the Court Bailiff’s do not touch the tenants goods. If the tenants have very little belongings, it will go quickly.
How long does the Court take to file the Writ of Possession?
The Writ of Possession is generally filed at the same time you are at the Court.
How long do I need to wait to file after serving the Order of Possession?
- You will need to contact the residential tenancy board. It will depend on how you served it.
Can a Court Bailiff visit beforehand/should I tell my tenant you are coming?
- we typically do not recommend, it usually causes tenants to damage property or wait for the Court Bailiff to remove them
- Depends on your tenant, if you feel this will implore them to move you can tell them or we can before carrying out the eviction
Do I need to evict my tenant right away?
No. Your Writ of Possession is valid for one year and does not need to be enforced right away.
When will I hear from the Court Bailiff about a date for enforcement?
Depending on our case load it may be few days before you hear from the Court Bailiff. If you have any questions or concerns regarding scheduling, please contact our office.
Do I need to serve my tenant with the Writ of Possession?
No you serve them with the Order, it is not required to serve them with the Writ of Possession, we serve it during the eviction.
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6139 Trapp Avenue
Burnaby, British Columbia
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