My landlord said I have to vacate my home in a month. What can happen if I just refuse to move out? Can the landlord change the locks?

A landlord generally isn’t allowed to lock you out of your unit even during an eviction. Getting locked out is a big deal. It could leave you without access to money, clothing, medication, and ID. Your landlord can only personally change the locks if you agree to it in writing. Or they must follow a legal process to have a court bailiff remove you. Otherwise, it’s considered an illegal lockout.

Getting forcefully evicted by a bailiff is stressful. It’s not a great idea to play a waiting game until this happens. If you stay past the listed move-out date on a proper eviction notice, or if the landlord has to hire a bailiff to enforce an order of possession, you may end up owing the landlord some money.

If your landlord has given you a notice to end your tenancy, take it seriously. That doesn’t necessarily mean you have to move out. But you should take steps to deal with the threat of eviction. This could mean working out the problem with your landlord. You can also dispute the eviction with the Residential Tenancy Branch.

The process for a legal lockout

If you refuse to leave the unit, the landlord can’t take it upon themselves to change the locks or physically remove you. They have to follow a specific process to evict you. Here’s a general breakdown:

• The landlord applies for an order of possession from the Residential Tenancy Branch. If they’re successful and are granted the order, they must serve (give) the order to you. The order states the deadline for you to be out of the unit. 

• If you want to dispute the order, you can apply to the Residential Tenancy Branch to review their decision. There is a two-day deadline from the time you receive the order. (This buys you some time. A landlord can’t move onto the next step until the Residential Tenancy Branch has made a decision about your application.)

• If your application for review isn’t successful (or you don’t apply for it), the landlord asks the Supreme Court for a writ of possession. 

• The landlord then needs to ask a court bailiff to remove you and your things. The bailiff (and not the landlord) can change the locks if you refuse to move out. Ask for identification. Only bailiffs from the companies on this list have the authority to evict you.

If a bailiff shows up to your door, you can contact the Community Legal Assistance Society. They can tell you about your legal options. They can also tell you how to apply to the Supreme Court to put a hold on the order to leave your home.

If you’ve been illegally locked out

We’ve just outlined the legal way a landlord can force you out. If your landlord has illegally locked you out, here are some steps you should take right away:

• Call the Tenant Resource & Advisory Centre.

• Get a legal advocate or lawyer.

• Call the Residential Tenancy Branch. Information officers can address situations where the law is very clear. If the landlord (and not a court bailiff) locked you out, let them know. Ask them to phone the landlord. 

If your landlord continues to deny you access to your home and things, you can apply for dispute resolution. You can ask for an order of possession as well as compensation. You can ask the Residential Tenancy Branch to fast-track your hearing. They consider illegal lockouts a top priority.