Another Question for the Landlords/Lawyers here.

[Boblobla]

Thanks for the advice guys, I feel much better now knowing where my parents stand.

[3 Justin 3]

Originally Posted by Locke

I have nothing constructive to offer, but I thought this was hilarious. It has some serious sig potential.

I did it.

The correct section in the Residential Tendancies Act is:

Notice to vacate
33(1) If the tenant having the right to occupy residential premises has abandoned the premises, the landlord may require a person living in the premises who is not a tenant to vacate the premises by serving the person with a notice to vacate.
(2) The notice to vacate under subsection (1) must give the person living in the premises at least 48 hours to vacate the premises from the time that the notice is served.
(3) A notice to vacate must
(a) be in writing,
(b) be signed by the landlord or the landlord’s agent, and
(c) set out the time and date by which the person must vacate the premises.
(4) If the person on whom a notice to vacate is served fails to vacate the premises by the time and date specified in the notice, the landlord may apply to a court for an order terminating the tenancy of the tenant who abandoned the premises and for recovery of possession of the premises.
(5) An application under subsection (4) must be supported by an affidavit setting out the following:
(a) the date that the premises were abandoned by the tenant, to the extent known;
(b) a copy of the notice to vacate and the time, date and manner in which it was served;
(c) the reasons for the person’s failure to vacate the premises, to the extent known.
(6) A court may grant an order under subsection (4) if satisfied that the tenant has abandoned the premises and that the person living in the premises is not a tenant.
(7) Nothing in this section prevents a landlord from applying to a court for additional remedies under section 26.

Several had mentioned seizing property (called distraining). While it CAN be used as a remedy there are certain things you need to know:

• if the landlord terminates the tenency, the landlord cannot distrain for arrears. In this case, only civil court action for monies owed can be undertaken.
• If a landlord does sezie property, the tenancy continues.
• a landlord does not need to give notice of seizure but must use a civil enforcement agency to seize the property.