How to Apply for an Order of Possession in BC
When You Need an Order of Possession
An Order of Possession is the legal document that confirms a tenancy has ended and the tenant must vacate. You need one when the notice period has expired, the tenant hasn't disputed, and they still haven't left — or when the RTB needs to adjudicate a disputed notice.
Without this order, you have no legal authority to enforce a move-out. Changing locks, removing belongings, or cutting off utilities without it is illegal under the RTA and can result in administrative penalties up to $5,000 per contravention, per day the contravention continues.
Route 1: Direct Request (Document-Only Review)
The Direct Request process is an expedited, document-only adjudication. No hearing, no oral testimony. It's available when the tenant did not dispute the notice within the statutory window.
Eligible notices: Undisputed RTB-30 (10-day unpaid rent), RTB-33 (one-month cause), RTB-32Q (two-month subsidized housing), and RTB-29 (four-month demolition/conversion).
Not eligible: Landlord Use (RTB-32L) and Purchaser Use (RTB-32P) notices. These always require a participatory hearing, even if the tenant doesn't dispute.
The Direct Request Sequence
- File the application. Apply online for RTB-33, RTB-32Q, or RTB-29 notices. For RTB-30, apply online or use Form RTB-12L-DR if filing in person. The filing fee is $100.
- Compile your evidence package. For an RTB-30 application, include the signed tenancy agreement, RTB-30, Form RTB-34 (Proof of Service), and the Direct Request Worksheet (Form RTB-46). For RTB-33, RTB-32Q, or RTB-29, apply online and include the notice, proof of service, and the supporting documents required for that notice type (such as permits for RTB-29). The RTB-46 worksheet is for RTB-30 unpaid-rent or utility claims.
- Receive the proceeding package. The RTB generates a Direct Request Proceeding Package once your application is accepted.
- Serve the package on the tenant within three days. Use an approved service method under RTA section 88.
- File proof of service. Submit Form RTB-44 (Proof of Service for the Direct Request Proceeding) to the RTB.
- Wait for the decision. An adjudicator reviews the written evidence and issues a binding order.
The adjudicator can still deny the order if your documentation is incomplete — a missing RTB-34, an incorrect deemed service calculation, or a rent ledger that doesn't clearly show the arrears.
Route 2: Participatory Hearing
If the tenant disputed the notice, or if the notice type requires a hearing (RTB-32L, RTB-32P), the RTB schedules a participatory teleconference hearing. Both parties present evidence and arguments orally.
Preparing for the Hearing
Evidence exchange deadline. For most applications, the applicant's evidence must be received at least 14 days before the hearing and the respondent's at least seven days before. For a 10-day unpaid-rent notice, the applicant must submit evidence with the application. Evidence submitted late may be excluded.
What to bring:
- Signed tenancy agreement and any written addenda
- The notice to end tenancy with all fields completed
- Form RTB-34 with delivery method and date
- Rent ledger (for unpaid rent cases)
- Written warning letters with proof of delivery (for cause cases)
- Municipal building permits (for demolition/renovation cases)
- Photos, correspondence, witness statements as applicable
How the hearing works. The hearing is conducted by phone. The arbitrator asks both parties to present their case, allows cross-examination, and evaluates the evidence on a balance of probabilities. The landlord carries the burden of proof — you must demonstrate that the termination meets the RTA's legal threshold for the ground you've claimed.
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After the Order Is Issued
An Order of Possession specifies the date by which the tenant must vacate. If they leave by that date, you're done — begin the security deposit return process (15-day deadline from the later of move-out or receiving the tenant's forwarding address).
If the tenant still refuses to leave after the order, you cannot self-enforce. The next steps:
- Wait for the review period to pass. Depending on the notice type, the tenant has 2 to 15 days to apply for a review of the decision.
- File the order with BC Supreme Court. Register the RTB order with the Supreme Court Registry to obtain a Writ of Possession.
- Engage a court-appointed bailiff. Only a licensed bailiff executing an official Writ of Possession can legally enter the premises, remove personal property, and clear the unit.
This enforcement sequence takes time and costs money, but it's the only lawful path. The RTB, police, and the court will not help a landlord who tries to bypass it.
Review Applications
A losing party can file an Application for Review Consideration (Form RTB-2) if they can show a procedural error, fraud, or genuinely new evidence that was unavailable at the hearing. The filing deadlines are tight:
- 2 days for decisions on 10-day unpaid rent notices
- 5 days for one-month cause notices
- 15 days for landlord use, demolition, or renovation notices
Reviews are narrow — they don't re-evaluate the merits of the case. Substantive legal errors require a Judicial Review petition in the Supreme Court of British Columbia.
Making the Process Work
The Order of Possession is the enforcement mechanism that makes every eviction notice meaningful. Getting there requires clean documentation at every prior step — the right form, correct service, proper timing, and complete proof.
For the full compliance workflow from initial notice through to enforcement, including deemed service calculators and evidence checklists, see the Ending a Tenancy in British Columbia guide.
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