TENANCY LAW

In British Columbia, the primary source of law for a tenancy relationship is the Residential Tenancy Act, which sets out the rights and obligations of landlords and tenants.

In addition, when a tenancy starts, there should be a tenancy agreement made between the landlord and tenant which sets out how tenancy laws will be specifically applied to that relationship. The tenancy agreement cannot violate the requirements of the Residential Tenancy Act as those are the minimums required by law to have a tenancy.

The Residential Tenancy Branch is the government body in British Columbia that provides landlords and tenants with information or other resources and dispute resolution services to resolve disputes under the Residential Tenancy Act and tenancy agreements.

To end a tenancy, a landlord must give proper notice to a tenant that their tenancy is ending. The type of notice required depends on the reason why the tenancy is ending.

Below are some common situations where a tenancy may end and the notice or eviction process required:

• no notice or the notice required by mutual agreement under the tenancy agreement or otherwise;
• a ten-day notice for unpaid rent or utilities;
• a one-month notice for cause;
• effective August 21, 2024, a three-month notice if the landlord is selling the property and the buyer wants to move in (previously, a two-month notice);
• effective July 18, 2024, a four-month notice if the landlord or their family wants to move in to the property (previously, a two-month notice); and
• a four-month notice or eviction process for demolition, conversion or major renovations.

Book a Consultation today to determine the notice required to end your tenancy.

• Not all tenancies are covered under the British Columbia Residential Tenancy Act and resolved through the Residential Tenancy Branch.

  Some tenancies that are not covered include:

  • accommodations where a tenant shares a bathroom or kitchen with the owner;
  • relationships between roommates;
  • commercial tenancies;
  • emergency shelters, transitional and supportive housing;
  • co-operative housing;
  • student housing;
  • manufactured home parks under the Manufactured Home Park Tenancy Act;
  • RVs, park models and tiny homes;
  • vacation and travel accommodations;
  • float homes or accommodations living aboard a boat;
  • accommodations at hospitals and other healthcare or recovery housing;
  • seniors housing, depending on the level of assistance and care provided;
  • military housing;
  • accommodations on First Nations land; and
  • unauthorized or illegal suites.

  For these tenancies, landlord and tenants will have to look outside the Residential Tenancy Act and Residential Tenancy Branch to resolve their tenancy including through the courts of British Columbia. Book a Consultation today to determine whether your tenancy is covered and resolution options.  

A landlord can end a tenancy by giving the tenant a ten-day notice if rent or utilities are unpaid on any day after the day it is due. The tenant will then have five days to pay their overdue rent or dispute the notice with the Residential Tenancy Branch.  

If the rent or utilities are paid in time, then the notice is cancelled, and the tenancy continues.

If the rent or utilities are not paid or the tenant does not dispute the notice in time, then the tenant must move out within 10 days of receiving the notice.

If the tenant does not move out as required, then the landlord must go to the Residential Tenancy Branch to obtain an order of possession to evict the tenant.

Book a Consultation today for assistance with ending your tenancy for unpaid rent or utilities.   

A variety of circumstances can qualify as “cause” to end a tenancy – that is, when the tenant has done something improper that would give the landlord a reason to end the tenancy early. These causes include:

1. The tenant does not pay their security deposit or pet damage deposit within 30 days of starting the tenancy;
2. The tenant is repeatedly late in paying rent;
3. There are an unreasonable number of occupants in the rental unit;
4. The tenant or their guests have caused a nuisance to another occupant or the landlord of the property;
5. The tenant or their guests have engaged in an illegal activity that has caused a nuisance or jeopardized the right or interest of another occupant or the landlord of the property;
6. The tenant or their guests have caused extraordinary damage to the property and have not repaired that damage in a reasonable time;
7. The tenant assigned the tenancy or has sublet the property without the landlord’s permission;
8. The tenant knowingly gives false information about the property to a prospective buyer or tenant of the property;
9. The tenant was provided the rental unit as part of their employment or similar qualifications and their employment or qualifications have ended;
10. The tenant has not complied with an order of the Residential Tenancy Branch;
11. There is an order to vacate the property by the government; or
12. The tenant has breached some other material term of their tenancy agreement and has not corrected the situation in a reasonable time after the landlord’s demand. 

If any one of the above situations have occurred, a landlord can evict the tenant by giving the tenant a one-month notice. Book a Consultation to discuss if your specific situation is cause to end a tenancy early.

TO MOVE INTO THE RENTAL UNIT?

A landlord can end a tenancy early if the landlord or their close family member intends to move into the rental unit. Close family member means the parents or child of the landlord or of the landlord’s spouse. It does not include brothers or sisters, aunts or uncles or grandchildren.

A landlord must act in good faith if they want to end a tenancy to live in a rental unit – that is, the landlord or their family must honestly intend to move in without any ulterior motives.

When a landlord ends a tenancy to move into the rental unit, they must provide the tenant with one months’ rent as compensation by the time the tenancy ends. Landlords should understand that if they or their family do not eventually move in, they may have to provide addition compensation to the tenant of another 12 months’ rent.

Effective July 18, 2024, to end a tenancy for landlord’s use, the landlord must give the tenant a four-month notice (previously, a two-month notice). Landlords must also now issue their notice using the new Landlord Use Web Portal on the government’s Residential Tenancy Website.

Since April 3, 2024, landlords cannot end a tenancy for landlord’s use if there are 5 or more rental units in a building that is not in a strata or in a strata but all owned by the same landlord.

Book a Consultation to discuss if your specific situation qualifies to end a tenancy for landlord’s use.

A landlord who gives a notice to end tenancy for landlord’s use is required to pay one month’s rent as compensation to the tenant for ending the tenancy.

A landlord may also be required to pay additional compensation to the tenant of 12 months’ rent if (1) the landlord or their family do not move into the rental unit within a reasonable time and, (2) effective May 16, 2024, reside in the rental unit for at least 12 months (previously, six months).

Book a Consultation if you want to discuss whether you are required to give the tenant compensation, and if yes, then how much?

If you own a subsidized rental unit operated by a public housing body or on behalf of a public housing body the tenant is required to demonstrate that the tenant, or another proposed occupant, met eligibility criteria related to income, number of occupants, health or other similar criteria before entering into the tenancy agreement in relation to the rental unit.

The landlord may end the tenancy agreement if the tenant or other occupant as applicable ceases to meet the eligibility criteria or qualify for the rental unit.

The landlord must give two months notice to the tenant if he ceases to qualify for the rental unit.

Book a Consultation if you would like to discuss whether the tenant ceases to qualify for the rental unit.

A landlord can end a tenancy early if the landlord intends to carry out major construction at the rental unit. Major construction means demolishing, converting, renovating and repairing the rental unit or other significant work where the unit must be vacant for the work to be done. It does not include smaller or cosmetic renovations such as repainting, replacing flooring or installing new cabinets and counter tops.

A landlord must act in good faith if they want to end a tenancy to renovate or repair the rental unit – that is, the landlord must honestly intend to carry out the construction without any ulterior motives. The landlord must also be able to show that the only reasonable way to complete the renovation or repair is to vacate the rental unit by ending the tenancy agreement. This includes obtaining all necessary building permits and other approvals required by law for the work.

When a landlord ends a tenancy to do major construction, they must provide the tenant with one months’ rent as compensation by the time the tenancy ends.

To end a tenancy to demolish or convert the rental unit into strata lots, cooperative housing, a caretaker or similar residential property or for non-residential use, the landlord must give the tenant a four-month notice.

To end a tenancy for other major renovations or repairs, effective July 1, 2021, the landlord must apply to the Residential Tenancy Branch for an Order of Possession to evict the tenant in four months for this purpose, The Residential Tenancy Branch will then decide if the work is being done in good faith and if ending the tenancy is the only way the work can be done.

Book a Consultation to discuss if your specific situation qualifies to end a tenancy for renovation or repair.

A landlord who gives a notice for ending the tenancy to renovate or repair is required to pay one month’s rent as compensation to the tenant for ending the tenancy.

It is important to ensure that your notice is made in the correct form and method so your tenancy ends as you wish. Book a Consultation to discuss the best procedure for giving notice to end your tenancy.   

To effectively end the tenancy, the landlord must give the notice to the tenant in approved form under the Residential Tenancy Act, including that the notice must be: in writing, signed and dated by the landlord, include the address of the rental unit, and state the effective date of the notice.

The landlord then needs to serve or deliver the notice to the tenant following the rules about how and when a notice can be given under the Residential Tenancy Act. There are several different methods a landlord can use to serve the notice including by handing it to the tenant, posting it to their door, mail, fax or email. The method used will determine when the tenant is considered to have received the notice and when the timelines will start to end the tenancy.

It is important to ensure that your notice is made in the correct form and method so your tenancy ends as you wish. Book a Consultation to discuss the best procedure for giving notice to end your tenancy.   

If a tenant does not move out as required, the landlord must apply to the Residential Tenancy Branch for an Order of Possession for the rental unit. The landlord cannot take other steps to evict the tenant without this Order including physically removing the tenant or their possessions from the rental unit or changing the locks to the rental unit.

Once an Order for Possession is obtained, the landlord can then hire a bailiff to remove the tenant from the rental unit.

If you have a tenant that refuses to move out, Book a Consultation today to discuss your options.

In most cases, the landlord will submit an application for dispute resolution to the Residential Tenancy Branch in the approved form, including the particulars of the dispute that is subject to the proceedings and any evidence, with the prescribed application fee. This application can be made online or in person at the Residential Tenancy Branch office.

Afterwards, the landlord will give a copy of the application to the tenant. The parties will then exchange any further evidence and attend a teleconference hearing with an arbitrator who will hear each side’s case and decide if the tenancy ends.

If you would like to initiate proceedings, Book a Consultation for next steps.