A rental eviction is a stressful and unsettling experience. Here on the Coast, we often see posts on Facebook of folks looking for new homes because landlords are planning to move back into their properties. In some cases, these transitions go smoothly and fairly; in others, they don’t. Here are some important legal details to be aware of if you face an eviction for landlord use.
Understanding eviction notices
Landlords in B.C. can issue eviction notices for personal use under specific circumstances outlined in the Residential Tenancy Act (RTA). Understanding these rules is vital to navigating your next steps.
Previously, landlords could issue eviction notices for personal use under two main categories: two-month notice and four-month notice. However, as of July this year, the two-month notice has been replaced with a four-month notice for landlord use, except in cases where the property has been sold and the purchaser intends to occupy the unit. In such cases, tenants must be given three months’ notice and are entitled to one month’s rent as compensation. Additionally, landlords cannot issue these notices if the tenants are in a fixed-term tenancy or if the building contains five or more units.
A four-month notice is required for more substantial actions involving the property. This includes situations where the landlord plans to demolish the rental unit, convert it to strata lots or cooperative housing, or undertake significant renovations or repairs that necessitate the unit being vacant. In these cases, the landlord must give tenants four months’ notice and one month’s rent as compensation. Both types of notices come with specific rules to ensure fairness and compliance with the Residential Tenancy Act.
What can tenants do?
Tenants have several options if they receive an eviction notice for landlord use. If you believe the eviction notice is unjustified, you can dispute it through the Residential Tenancy Branch (RTB). For a four-month notice, the dispute must be filed within 30 days of receiving the notice. During the dispute resolution process, the landlord must prove that the eviction complies with the requirements of the Residential Tenancy Act.
Tenants also have the right to end their tenancy early after receiving an eviction notice. By providing the landlord with at least 10 days’ written notice, you can terminate the tenancy before the notice period ends, and you will still be entitled to the one-month rent compensation required by law.
If you are evicted from a building with five or more rental units due to renovations, you may have a “right of first refusal.” This means you can choose to return to your unit once the renovations are complete, and the landlord must offer it to you at the same rent you were paying before the eviction.
Finding support
Navigating an eviction for landlord use can be overwhelming but understanding your rights and the legal requirements can make the process more manageable. Whether you’re disputing a notice, considering early termination, or planning to return after renovations, staying informed ensures you’re treated fairly and lawfully. If you’re facing an eviction, don’t hesitate to seek guidance from trusted resources like the legal advocate at the Sunshine Coast Resource Centre. Knowledge is your best tool for protecting your rights and securing a fair outcome.
If you are a tenant and need help with tenancy issues, you can contact the following for support:
• Resource Centre Legal Advocate, Diana Gamble, [email protected]
• Tenant Resource and Advisory Centre (TRAC) Tenant Infoline 1-800-665-1185 or visit www.tenants.bc.ca
• You can also contact the Residential Tenancy Branch info line (250) 387-1602
If you need help with a BC Housing Application, please visit www.bchousing.org to download the application.
If you or someone you know needs help navigating housing or eviction questions on the Sunshine Coast or wants to learn more about available resources, contact us at [email protected], call 604-885-4088, or visit us at resourcecentre.ca.
