End of Tenancy (Termination and Eviction) (19:XI) - Revision history

LSLAP at 19:38, 13 October 2025

2025-10-13T19:38:02Z

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LSLAP: /* a) Good Faith */

2025-10-01T01:13:37Z

a) Good Faith

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	==== a) Good Faith ====		==== a) Good Faith ====

	“Good faith” requires an honest motive, unaccompanied by any ulterior motive; whether the honest motive was the primary reason for ending the tenancy is irrelevant to the presence of ulterior motives. The burden lies on the landlord to establish good faith. For further discussion on good faith in evictions for landlord’s use, see RTB PG 2B and [https://www.canlii.org/en/bc/bcsc/doc/2011/2011bcsc827/2011bcsc827.html ''Gichuru v Palmar Properties Inc.'', 2011 BCSC 827].		“Good faith” requires an honest motive, unaccompanied by any ulterior motive; whether the honest motive was the primary reason for ending the tenancy is irrelevant to the presence of ulterior motives. The burden lies on the landlord to establish good faith. For further discussion on good faith in evictions for landlord’s use, see RTB PG 2B and ''[https://www.canlii.org/en/bc/bcsc/doc/2011/2011bcsc827/2011bcsc827.html Gichuru v Palmar Properties Inc.]'', 2011 BCSC 827.

	==== b) Grounds: Personal Occupancy ====		==== b) Grounds: Personal Occupancy ====

LSLAP: /* F. Either Party Gives Notice: Breach of Material Term */

2025-09-29T15:16:23Z

F. Either Party Gives Notice: Breach of Material Term

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	*the tenant continued to breach the material term of the tenancy agreement after the deadline.		*the tenant continued to breach the material term of the tenancy agreement after the deadline.

	See [https://www.bccourts.ca/jdb-txt/sc/23/13/2023BCSC1336.htm ''Ali v. British Columbia (Residential Tenancy Branch)'', 2023 BCSC 1336] for an example of a judicial review court case in which an arbitrator’s decision was overturned for being patently unreasonable due to missing a necessary element of a the test for eviction for material breach, namely that the tenant continued to breach the material term after the deadline to remedy it.		See ''[https://www.bccourts.ca/jdb-txt/sc/23/13/2023BCSC1336.htm Ali v. British Columbia (Residential Tenancy Branch)]'', 2023 BCSC 1336 for an example of a judicial review court case in which an arbitrator’s decision was overturned for being patently unreasonable due to missing a necessary element of a the test for eviction for material breach, namely that the tenant continued to breach the material term after the deadline to remedy it.

	== G. Landlord and Tenant Agree in Writing ==		== G. Landlord and Tenant Agree in Writing ==

LSLAP: /* b) Grounds: Personal Occupancy */

2025-09-29T15:16:03Z

b) Grounds: Personal Occupancy

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	The BC Reg. 49/2025 amendment expands the application of sections 42.2 and 42.3 of the RTR to include all landlord-use termination scenarios under sections 49(3), (4), and (5) of the ''RTA''—covering landlord, purchaser, and caretaker/employee use—prescribing a three-month notice period along with a 21-day dispute period from the date the tenant receives the notice.		The BC Reg. 49/2025 amendment expands the application of sections 42.2 and 42.3 of the RTR to include all landlord-use termination scenarios under sections 49(3), (4), and (5) of the ''RTA''—covering landlord, purchaser, and caretaker/employee use—prescribing a three-month notice period along with a 21-day dispute period from the date the tenant receives the notice.
	Occupation can include using the space as a home office ([https://canlii.ca/t/jjswr#par30 ''Koyanagi v Lewis'', 2021 BCSC 2062] at para 30).		Occupation can include using the space as a home office (''[https://canlii.ca/t/jjswr#par30 Koyanagi v Lewis]'', 2021 BCSC 2062 at para 30).

	However, a landlord must not give notice to end tenancy for personal occupancy grounds if the rental unit is found in a building that has 5 or more rental units and is either not strata-titled or has all rental units being owned by the same owner (''RTA'', s 49(6.1)).		However, a landlord must not give notice to end tenancy for personal occupancy grounds if the rental unit is found in a building that has 5 or more rental units and is either not strata-titled or has all rental units being owned by the same owner (''RTA'', s 49(6.1)).

LSLAP: /* d) Repeated Late Payment of Rent */

2025-09-29T15:15:40Z

d) Repeated Late Payment of Rent

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	A landlord can evict a tenant if they repeatedly pay rent late (''RTA'', s 47(1)(b)). Eviction due to repeatedly late rent payments has a high threshold: although RTB PG 38 states that a minimum of three late payments is required, the existence of three late payments is in no way determinative.		A landlord can evict a tenant if they repeatedly pay rent late (''RTA'', s 47(1)(b)). Eviction due to repeatedly late rent payments has a high threshold: although RTB PG 38 states that a minimum of three late payments is required, the existence of three late payments is in no way determinative.

	In [https://www.canlii.org/en/bc/bcsc/doc/2020/2020bcsc380/2020bcsc380.html?resultIndex=1 ''Guevara v Louie'', 2020 BCSC 380] [''Guevara''], e-transfer delays caused rent payments to be received after the due date, and this was found to be an invalid reason to terminate a tenancy. Furthermore, if a landlord has exhibited a pattern of accepting late rent payments, the doctrine of estoppel may prevent the landlord from later relying on those past instances; in that scenario, the landlord is required to give the tenant reasonable notice that strict compliance with rent deadlines would be enforced (''Guevara'' at para 67) before counting further instances towards a finding of repeatedly late payment of rent.		In ''[https://www.canlii.org/en/bc/bcsc/doc/2020/2020bcsc380/2020bcsc380.html?resultIndex=1 Guevara v Louie]'', 2020 BCSC 380 [''Guevara''], e-transfer delays caused rent payments to be received after the due date, and this was found to be an invalid reason to terminate a tenancy. Furthermore, if a landlord has exhibited a pattern of accepting late rent payments, the doctrine of estoppel may prevent the landlord from later relying on those past instances; in that scenario, the landlord is required to give the tenant reasonable notice that strict compliance with rent deadlines would be enforced (''Guevara'' at para 67) before counting further instances towards a finding of repeatedly late payment of rent.

	==== e) By Government Order ====		==== e) By Government Order ====

LSLAP: /* B. Requirements of Notices to End Tenancy */

2025-09-29T15:15:20Z

B. Requirements of Notices to End Tenancy

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	Dates are self-corrective (''RTA'', s 53), so notice is not void simply because a landlord proposes to have the tenancy end on a date sooner than the ''RTA'' allows.		Dates are self-corrective (''RTA'', s 53), so notice is not void simply because a landlord proposes to have the tenancy end on a date sooner than the ''RTA'' allows.

	In [https://www.canlii.org/en/bc/bcsc/doc/2024/2024bcsc2406/2024bcsc2406.html ''Mangat v Dhindsa'', 2024 BCSC 2406] (Mangat), the British Columbia Supreme Court reviewed a decision by an RTB arbitrator who had dismissed a tenant’s compensation claim under section 51 of the ''RTA''. The tenant had moved out of a rental unit after receiving an eviction notice from the landlord, who stated he intended to use the unit for personal use. However, the tenant later discovered that the landlord had rented the unit to someone else instead. The arbitrator rejected the tenant’s claim on the grounds that the landlord had not used the prescribed RTB form for a personal-use eviction, concluding that no formal notice under section 49 had been issued. The Court found this decision to be patently unreasonable, emphasising that the legislative intent of section 51 is to protect tenants from bad-faith evictions (''Mangat'' at para 14). The Court ruled that the landlord’s non-compliance with the format requirements could not be used to deny the tenant relief and directed the RTB to reconsider the case.		In ''[https://www.canlii.org/en/bc/bcsc/doc/2024/2024bcsc2406/2024bcsc2406.html Mangat v Dhindsa]'', 2024 BCSC 2406 (Mangat), the British Columbia Supreme Court reviewed a decision by an RTB arbitrator who had dismissed a tenant’s compensation claim under section 51 of the ''RTA''. The tenant had moved out of a rental unit after receiving an eviction notice from the landlord, who stated he intended to use the unit for personal use. However, the tenant later discovered that the landlord had rented the unit to someone else instead. The arbitrator rejected the tenant’s claim on the grounds that the landlord had not used the prescribed RTB form for a personal-use eviction, concluding that no formal notice under section 49 had been issued. The Court found this decision to be patently unreasonable, emphasising that the legislative intent of section 51 is to protect tenants from bad-faith evictions (''Mangat'' at para 14). The Court ruled that the landlord’s non-compliance with the format requirements could not be used to deny the tenant relief and directed the RTB to reconsider the case.

	=== 2. Date of Receipt ===		=== 2. Date of Receipt ===

LSLAP: /* - a) Effective Date of the Notice = */

2025-09-22T10:54:52Z

- a) Effective Date of the Notice =

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	A landlord may give a notice to end a tenancy if rent is unpaid on any day after the day it is due (''RTA'', s 46(1)). If a tenant fails to pay the utilities, the landlord can give written notice demanding payment; if the payment remains unpaid for over 30 days after the tenant receives the written demand, the landlord can treat the unpaid amount as unpaid rent for the purposes of ending the tenancy (''RTA'', s 46(6)).		A landlord may give a notice to end a tenancy if rent is unpaid on any day after the day it is due (''RTA'', s 46(1)). If a tenant fails to pay the utilities, the landlord can give written notice demanding payment; if the payment remains unpaid for over 30 days after the tenant receives the written demand, the landlord can treat the unpaid amount as unpaid rent for the purposes of ending the tenancy (''RTA'', s 46(6)).

	===- a) Effective Date of the Notice ====		==== a) Effective Date of the Notice ====

	A notice to end tenancy for non-payment of rent is effective 10 days after the tenant receives the notice (''RTA'', s 46(1)).		A notice to end tenancy for non-payment of rent is effective 10 days after the tenant receives the notice (''RTA'', s 46(1)).

Nate Russell: review confirmed 2025

2025-08-29T01:41:01Z

review confirmed 2025

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LSLAP: /* b) Landlord’s Rights and Obligations Towards Abandoned Personal Property */

2025-08-15T21:46:07Z

b) Landlord’s Rights and Obligations Towards Abandoned Personal Property

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	Until the personal property can be properly disposed of under sections 30.4 to 30.8 of the ''RTR'', a tenant may apply for dispute resolution to claim their personal property at any time. Practically speaking, any claim for return of abandoned property, or for compensation for lost, damaged, or abandoned property should be brought as soon as possible.		Until the personal property can be properly disposed of under sections 30.4 to 30.8 of the ''RTR'', a tenant may apply for dispute resolution to claim their personal property at any time. Practically speaking, any claim for return of abandoned property, or for compensation for lost, damaged, or abandoned property should be brought as soon as possible.

	Amendments added by BC Reg. 50/2025 have added Special Rules for disposal of personal value property. Section 30.91 takes priority over the usual procedures for disposing of abandoned property in sections 30.8 and 30.9. This section recognizes the non-monetary value of some abandoned property, such as medical equipment and sentimental photographs, and requires that the landlord store the personal value property for at least 30 days unless doing so is unsanitary or unsafe. Whereas landlords in section 30.8 of the ''RTR'' could dispose of items immediately if they reasonably believed the market value was less than the cost of storage or sale, s 30.91 differentiates personal value property and prevents its premature disposal.		Amendments added by BC Reg. 50/2025 have added Special Rules for disposal of personal value property. Section 30.91 takes priority over the usual procedures for disposing of abandoned property in sections 30.8 and 30.9. This section recognizes the non-monetary value of some abandoned property, such as medical equipment and sentimental photographs, and requires that the landlord store the personal value property for at least 30 days unless doing so is unsanitary or unsafe. Whereas landlords in section 30.8 of the ''RTR'' could dispose of items immediately if they reasonably believed the market value was less than the cost of storage or sale, section 30.91 differentiates personal value property and prevents its premature disposal.

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LSLAP: /* 1. Abandonment of Personal Property */

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1. Abandonment of Personal Property

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	=== 1. Abandonment of Personal Property ===		=== 1. Abandonment of Personal Property ===

	Section 24 of the ''RTR'' deals with the situation where the tenant has vacated the residential premises but leaves personal property behind. The main issue is whether the tenant has “given up possession” of the property.		Section 30 of the ''RTR'' deals with the situation where the tenant has vacated the residential premises but leaves personal property behind. The main issue is whether the tenant has “given up possession” of the property.

	==== a) Definition of Abandoned Personal Property ====		==== a) Definition of Abandoned Personal Property ====

	A landlord may only consider that a tenant has abandoned personal property if the tenant leaves the personal property in residential premises in one of the following situations:		A landlord may only consider that a tenant has abandoned personal property if the tenant leaves the personal property in residential premises in one of the following situations:
	*the tenant has vacated the residential property after the tenancy agreement has ended (''RTR'', s 24(1)); or		*the tenant has vacated the residential property after the tenancy agreement has ended (''RTR'', s 30.3(a)); or
	*both of the following are true:		*both of the following are true:
	**either the tenant has neither paid rent nor ordinarily occupied the residential property for one continuous month, or the tenant has removed substantially all of their personal property (''RTR'', s 24(1)(b)); and		**either the tenant has neither paid rent nor ordinarily occupied the residential property for one continuous month, or the tenant has removed substantially all of their personal property (''RTR'', s 30.3(1)(b)); and
	**either the landlord receives express oral or written notice that the tenant does not intend to return to the residential property, or the circumstances surrounding the giving up of the rental unit are such that the tenant could not reasonably be expected to return to the residential property (''RTR'', s 24(2)).		**either the landlord receives express oral or written notice that the tenant does not intend to return to the residential property, or the circumstances surrounding the giving up of the rental unit are such that the tenant could not reasonably be expected to return to the residential property (''RTR'', s 30.3(2)).

	==== b) Landlord’s Rights and Obligations Towards Abandoned Personal Property ====		==== b) Landlord’s Rights and Obligations Towards Abandoned Personal Property ====

	Once personal property is abandoned within the meaning of the ''RTR'', a landlord may remove it from the residential property, except if they and the tenant have an express agreement to the contrary regarding storage of personal property (''RTR'', s 24(3) and (4)). This includes removing personal property from storage lockers.		Once personal property is abandoned within the meaning of the ''RTR'', a landlord may remove it from the residential property, except if they and the tenant have an express agreement to the contrary regarding storage of personal property (''RTR'', s 30.3(1) and (4)). This includes removing personal property from storage lockers. The tenant may give the landlord written notice identifying specific property that holds personal value. If the landlord has not already removed the property at the time the notice is received, they must treat it as property of personal value and handle it in accordance with the requirements set out in this Part (''RTR'', s 30.3(5)).

	After removal, the landlord is required to do the following:		After removal, the landlord is required to do the following:
	*store the property in a safe place and manner for at least 60 days (''RTR'', s 25(1)(a));
	*keep a written inventory of such property (''RTR'', s 25(1)(b));
	*keep the particulars of the disposition and inventory for two years after disposal of the property (''RTR'', s 25(1)(c)); and
	*upon request, advise the tenant or their representative of information about the storage or disposal of the property (''RTR'', s 25(1)(d)).

	The landlord is exempt from the above obligations towards a former tenant’s personal property if the landlord reasonably believes one of the following:		*exercise reasonable care and caution required by the nature of the abandoned personal property and the circumstances to ensure that the property does not deteriorate and is not damaged, lost or stolen as a result of an inappropriate method of removal or an unsuitable place of storage (''RTR'', s 30.4(a));
	*the property has a total market value of less than $~~500~~ (''RTR'', s 25(2)(a));		*unless otherwise provided under this Part, store the property in a safe place and manner for at least 30 days (''RTR'', s 30.4(b));
	*the cost of removing, storing, and selling the property would be more than the proceeds of its sale (''RTR'', s ~~25(2)~~(b)); or		*keep a written inventory of such property for a period of 2 years from the date of disposition of the abandoned personal property (''RTR'', s 30.4(c));
	*the storage of the property would be unsanitary or unsafe (''RTR'', s 25(2~~)(c~~)).		*carry out any disposition of the abandoned personal property in accordance with this Part (''RTR'', s 30.4(d));
			*keep the particulars of the disposition and inventory for two years after disposal of the property (''RTR'', s 30.4(e)); and
			*upon request, advise the tenant or their representative of information about the storage, removal, or disposal of the property (''RTR'', s 30.4(f)).

			The landlord is exempt from the above obligations towards a former tenant’s abandoned personal property if the landlord reasonably believes one of the following:
			*the property has a total market value of less than $1000 (''RTR'', s 30.8(3)(a));
			*the total cost of removing, storing, and selling the property would be more than the proceeds of its sale (''RTR'', s 30.3(b)); or
			*the storage of the property would be unsanitary or unsafe (''RTR'', s 30.8(2)).

	The landlord may sell or dispose of abandoned personal property if they remain compliant with the above obligations. The purchaser of the property obtains marketable title, free of all encumbrances, but landlords should be very cautious before selling a tenant’s property and should follow the regulations carefully. For example, problems will arise if a landlord sells a tenant’s “abandoned” furniture if it turns out that the furniture was only leased.		The landlord may sell or dispose of abandoned personal property if they remain compliant with the above obligations. The purchaser of the property obtains marketable title, free of all encumbrances, but landlords should be very cautious before selling a tenant’s property and should follow the regulations carefully. For example, problems will arise if a landlord sells a tenant’s “abandoned” furniture if it turns out that the furniture was only leased.

	~~The landlord must exercise reasonable care and caution to ensure the personal property does not deteriorate and is not damaged, lost, or stolen; until~~ the personal property can be properly disposed of under sections ~~25 or 29~~ of the ''RTR'', a tenant may apply for dispute resolution to claim their personal property at any time. Practically speaking, any claim for return of abandoned property, or for compensation for lost, damaged, or abandoned property should be brought as soon as possible.		Until the personal property can be properly disposed of under sections 30.4 to 30.8 of the ''RTR'', a tenant may apply for dispute resolution to claim their personal property at any time. Practically speaking, any claim for return of abandoned property, or for compensation for lost, damaged, or abandoned property should be brought as soon as possible.

			Amendments added by BC Reg. 50/2025 have added Special Rules for disposal of personal value property. Section 30.91 takes priority over the usual procedures for disposing of abandoned property in sections 30.8 and 30.9. This section recognizes the non-monetary value of some abandoned property, such as medical equipment and sentimental photographs, and requires that the landlord store the personal value property for at least 30 days unless doing so is unsanitary or unsafe. Whereas landlords in section 30.8 of the ''RTR'' could dispose of items immediately if they reasonably believed the market value was less than the cost of storage or sale, s 30.91 differentiates personal value property and prevents its premature disposal.

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