Evictions - Revision history

Nate Russell: Retired Tenant Survival Guide page; directing readers to current TRAC resource

2026-04-01T19:33:10Z

Retired Tenant Survival Guide page; directing readers to current TRAC resource

Andrew Sakamoto: /* Four Month Eviction Notices */

2024-08-28T21:36:44Z

Four Month Eviction Notices

← Older revision		Revision as of 21:36, 28 August 2024
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	* your landlord plans to convert a rental unit to a non-residential use.		* your landlord plans to convert a rental unit to a non-residential use.

	If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.		If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice. For example, if the landlord is claiming their mother will be moving into your unit, they should be able to provide evidence such as verbal testimony or a sworn statement from the mother.
	* Exception: is claiming their mother will be moving into your unit, they should be able to provide evidence such as verbal testimony or a sworn statement from the mother.		* Exception: the dispute period is 21 days for “landlord’s use” evictions where the rental unit was sold and the purchaser, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of the purchaser, intends in good faith to occupy the rental unit.
	• Exception: the dispute period is 21 days for “landlord’s use” evictions where the rental unit was sold and the purchaser, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of the purchaser, intends in good faith to occupy the rental unit.

	For evictions related to personal occupancy or caretaker use, landlords are required to use a [https://logon7.gov.bc.ca/clp-cgi/capBceid/logon.cgi?flags=1001:1,8&TYPE=33554433&REALMOID=06-43f45bcb-a1a4-4e9b-bc1f-639c46ca6cd1&GUID=&SMAUTHREASON=0&METHOD=GET&SMAGENTNAME=$SM$yqhwjVFjDpU%2f5HRAoNIfv65TfmWyYzWfxZIfYiXBAlqsdl3%2bDnKhpmaoehgbosRKCj0Nk27gBqGn6%2fJXTkEOA6aLUP%2bhw8dO&TARGET=$SM$https%3a%2f%2ftenancydispute%2egov%2ebc%2eca%2fLandlordUse%2fLogin web portal] on the RTB website to generate an eviction notice.		For evictions related to personal occupancy or caretaker use, landlords are required to use a [https://logon7.gov.bc.ca/clp-cgi/capBceid/logon.cgi?flags=1001:1,8&TYPE=33554433&REALMOID=06-43f45bcb-a1a4-4e9b-bc1f-639c46ca6cd1&GUID=&SMAUTHREASON=0&METHOD=GET&SMAGENTNAME=$SM$yqhwjVFjDpU%2f5HRAoNIfv65TfmWyYzWfxZIfYiXBAlqsdl3%2bDnKhpmaoehgbosRKCj0Nk27gBqGn6%2fJXTkEOA6aLUP%2bhw8dO&TARGET=$SM$https%3a%2f%2ftenancydispute%2egov%2ebc%2eca%2fLandlordUse%2fLogin web portal] on the RTB website to generate an eviction notice.

Andrew Sakamoto: /* Four Month Eviction Notices */

2024-08-28T21:35:11Z

Four Month Eviction Notices

← Older revision		Revision as of 21:35, 28 August 2024
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	* your rental unit was sold and the purchaser, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of the purchaser, wants to occupy your rental unit;		* your rental unit was sold and the purchaser, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of the purchaser, wants to occupy your rental unit;
	** Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units		** Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
			** Exception: the notice period is three months for this type of “landlord’s use” eviction
	* your landlord plans to demolish a rental unit;		* your landlord plans to demolish a rental unit;
	* your landlord plans to convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';		* your landlord plans to convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';
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	If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.		If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.
			* Exception: is claiming their mother will be moving into your unit, they should be able to provide evidence such as verbal testimony or a sworn statement from the mother.
			• Exception: the dispute period is 21 days for “landlord’s use” evictions where the rental unit was sold and the purchaser, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of the purchaser, intends in good faith to occupy the rental unit.

	For evictions related to personal occupancy or caretaker use, landlords are required to use a [https://logon7.gov.bc.ca/clp-cgi/capBceid/logon.cgi?flags=1001:1,8&TYPE=33554433&REALMOID=06-43f45bcb-a1a4-4e9b-bc1f-639c46ca6cd1&GUID=&SMAUTHREASON=0&METHOD=GET&SMAGENTNAME=$SM$yqhwjVFjDpU%2f5HRAoNIfv65TfmWyYzWfxZIfYiXBAlqsdl3%2bDnKhpmaoehgbosRKCj0Nk27gBqGn6%2fJXTkEOA6aLUP%2bhw8dO&TARGET=$SM$https%3a%2f%2ftenancydispute%2egov%2ebc%2eca%2fLandlordUse%2fLogin web portal] on the RTB website to generate an eviction notice.		For evictions related to personal occupancy or caretaker use, landlords are required to use a [https://logon7.gov.bc.ca/clp-cgi/capBceid/logon.cgi?flags=1001:1,8&TYPE=33554433&REALMOID=06-43f45bcb-a1a4-4e9b-bc1f-639c46ca6cd1&GUID=&SMAUTHREASON=0&METHOD=GET&SMAGENTNAME=$SM$yqhwjVFjDpU%2f5HRAoNIfv65TfmWyYzWfxZIfYiXBAlqsdl3%2bDnKhpmaoehgbosRKCj0Nk27gBqGn6%2fJXTkEOA6aLUP%2bhw8dO&TARGET=$SM$https%3a%2f%2ftenancydispute%2egov%2ebc%2eca%2fLandlordUse%2fLogin web portal] on the RTB website to generate an eviction notice.

Andrew Sakamoto: /* Landlord's Use of Property Eviction Notices */

2024-07-18T19:26:44Z

Landlord's Use of Property Eviction Notices

← Older revision		Revision as of 19:26, 18 July 2024
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	* your rental unit was sold and the purchaser, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of the purchaser, wants to occupy your rental unit;		* your rental unit was sold and the purchaser, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of the purchaser, wants to occupy your rental unit;
	** Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units		** Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
	* demolish a rental unit;		* your landlord plans to demolish a rental unit;
	* convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';		* your landlord plans to convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';
	* convert the residential property into cooperative housing under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/99028_01 Cooperative Association Act]'';		* your landlord plans to convert the residential property into cooperative housing under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/99028_01 Cooperative Association Act]'';
	* convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or		* your landlord plans to convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or
	* convert a rental unit to a non-residential use.		* your landlord plans to convert a rental unit to a non-residential use.

	~~'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse~~.

	If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.		If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

Andrew Sakamoto: /* Four Month Eviction Notices */

2024-07-18T19:26:02Z

Four Month Eviction Notices

← Older revision		Revision as of 19:26, 18 July 2024
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	According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA'', you may receive a Four Month Eviction Notice if:		According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA'', you may receive a Four Month Eviction Notice if:

	* your landlord, or a “close family member” of your landlord, wants to occupy your rental unit;		* your landlord, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of your landlord, wants to occupy your rental unit;
	**Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units		**Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
	* your rental unit was sold and the purchaser, or a “close family member” of the purchaser, wants to occupy your rental unit;		* your rental unit was sold and the purchaser, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of the purchaser, wants to occupy your rental unit;
	** Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units		** Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
	* demolish a rental unit;		* demolish a rental unit;

Andrew Sakamoto: /* Landlord did not do what the eviction notice said */

2024-07-18T19:25:02Z

Landlord did not do what the eviction notice said

← Older revision		Revision as of 19:25, 18 July 2024
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	===Landlord did not do what the eviction notice said===		===Landlord did not do what the eviction notice said===

	Your landlord ~~must~~ follow through with the reason for your eviction. If your rental unit ~~is not used~~ for the stated purpose ~~for at least 12 months, beginning~~ within a reasonable period after the notice takes effect, ~~your landlord may owe you~~ 12 months ~~of your previous rent as compensation~~. For example, a landlord ~~may claim that~~ they ~~are moving in~~, ~~but instead rent the unit~~ to ~~a new tenant at a higher~~ rent.		Your landlord is required to follow through with the reason for your eviction. For all Two and Four Month Evictions, your landlord must start using the rental unit for the stated purpose within a reasonable period after the notice takes effect. Furthermore, unless they are evicting for renovations or demolition, they must use the rental unit for the stated purpose for at least 12 months. For example, if your landlord evicts you because they want to occupy your unit, they must do so for at least one year before renting it to someone else. If your landlord does not follow these rules, they may be ordered to pay you 12 months of rent.

	'''Burden of proof''': When applying for 12 months’ rent as compensation, the burden of proof will be on your landlord. This means that, while you will be given the opportunity to present evidence at the hearing, the onus will be on your landlord to convince the arbitrator that they used the property for the stated purpose of ending your tenancy. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section51 section 51] of the ''RTA'' for more information.		'''Burden of proof''': When applying for 12 months’ rent as compensation, the burden of proof will be on your landlord. This means that, while you will be given the opportunity to present evidence at the hearing, the onus will be on your landlord to convince the arbitrator that they used the property for the stated purpose of ending your tenancy. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section51 section 51] of the ''RTA'' for more information.

Andrew Sakamoto: /* Four Month Eviction Notices */

2024-07-18T19:23:27Z

Four Month Eviction Notices

← Older revision		Revision as of 19:23, 18 July 2024
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	===Four Month Eviction Notices===		===Four Month Eviction Notices===

	According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA'', ~~your landlord can issue~~ you a Four Month Eviction Notice if ~~they plan~~ to:		According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA'', you may receive a Four Month Eviction Notice if:

			* your landlord, or a “close family member” of your landlord, wants to occupy your rental unit;
			**Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
			* your rental unit was sold and the purchaser, or a “close family member” of the purchaser, wants to occupy your rental unit;
			** Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
	* demolish a rental unit;		* demolish a rental unit;
	* convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';		* convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';
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	* convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or		* convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or
	* convert a rental unit to a non-residential use.		* convert a rental unit to a non-residential use.

			'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

	If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.		If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

			For evictions related to personal occupancy or caretaker use, landlords are required to use a [https://logon7.gov.bc.ca/clp-cgi/capBceid/logon.cgi?flags=1001:1,8&TYPE=33554433&REALMOID=06-43f45bcb-a1a4-4e9b-bc1f-639c46ca6cd1&GUID=&SMAUTHREASON=0&METHOD=GET&SMAGENTNAME=$SM$yqhwjVFjDpU%2f5HRAoNIfv65TfmWyYzWfxZIfYiXBAlqsdl3%2bDnKhpmaoehgbosRKCj0Nk27gBqGn6%2fJXTkEOA6aLUP%2bhw8dO&TARGET=$SM$https%3a%2f%2ftenancydispute%2egov%2ebc%2eca%2fLandlordUse%2fLogin web portal] on the RTB website to generate an eviction notice.

	'''Evictions for renovations:''' The ''RTA'' also allows landlords to evict tenants, with four months’ notice, for major renovations that require a unit to be empty for an extended period. However, unlike other types of evictions, the landlord is required to apply for a dispute resolution hearing through the RTB, rather than serve an eviction notice on the tenant. This means that, for evictions for renovations, the onus to initiate dispute resolution proceedings is reversed. Instead of you being required to dispute an eviction notice by a certain deadline, your landlord is automatically required to apply for the RTB’s permission to evict you. At this mandatory dispute resolution hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to approve the eviction.		'''Evictions for renovations:''' The ''RTA'' also allows landlords to evict tenants, with four months’ notice, for major renovations that require a unit to be empty for an extended period. However, unlike other types of evictions, the landlord is required to apply for a dispute resolution hearing through the RTB, rather than serve an eviction notice on the tenant. This means that, for evictions for renovations, the onus to initiate dispute resolution proceedings is reversed. Instead of you being required to dispute an eviction notice by a certain deadline, your landlord is automatically required to apply for the RTB’s permission to evict you. At this mandatory dispute resolution hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to approve the eviction.

Andrew Sakamoto: /* Landlord's Use of Property Eviction Notices */

2024-07-18T19:19:54Z

Landlord's Use of Property Eviction Notices

← Older revision		Revision as of 19:19, 18 July 2024
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	==Landlord's Use of Property Eviction Notices==		==Landlord's Use of Property Eviction Notices==

	===Two Month Eviction ~~Notices~~===		===Two Month Eviction Notice===

	According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49.1 section 49.1] of the ''Residential Tenancy Act (RTA)'', you may receive a Two Month Eviction Notice if you no longer qualify for your subsidized rental unit.		According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49.1 section 49.1] of the ''Residential Tenancy Act (RTA)'', you may receive a Two Month Eviction Notice if you no longer qualify for your subsidized rental unit.

Andrew Sakamoto: /* Two Month Eviction Notices */

2024-07-18T19:19:35Z

Two Month Eviction Notices

← Older revision		Revision as of 19:19, 18 July 2024
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	===Two Month Eviction Notices===		===Two Month Eviction Notices===

	According to ~~[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 sections 49] and~~ [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49.1 49.1] of the ''Residential Tenancy Act (RTA)'', you may receive a Two Month Eviction Notice if:		According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49.1 section 49.1] of the ''Residential Tenancy Act (RTA)'', you may receive a Two Month Eviction Notice if you no longer qualify for your subsidized rental unit.
	* your landlord, or a “close family member” of your landlord, wants to occupy your rental unit
	**Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
	* your rental unit was sold and the purchaser, or a “close family member” of the purchaser, wants to occupy your rental unit
	** Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
	* you no longer qualify for your subsidized rental unit

	~~'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse~~.

	If you would like to challenge a Two Month Eviction Notice, you have 15 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.		If you would like to challenge a Two Month Eviction Notice, you have 15 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

Andrew Sakamoto: /* Landlord did not do what the eviction notice said */

2024-06-18T20:59:25Z

Landlord did not do what the eviction notice said

← Older revision		Revision as of 20:59, 18 June 2024
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	===Landlord did not do what the eviction notice said===		===Landlord did not do what the eviction notice said===

	Your landlord must follow through with the reason for your eviction. If your rental unit is not used for the stated purpose for at least ~~six~~ months, beginning within a reasonable period after the notice takes effect, your landlord may owe you 12 months of your previous rent as compensation. For example, a landlord may claim that they are moving in, but instead rent the unit to a new tenant at a higher rent.		Your landlord must follow through with the reason for your eviction. If your rental unit is not used for the stated purpose for at least 12 months, beginning within a reasonable period after the notice takes effect, your landlord may owe you 12 months of your previous rent as compensation. For example, a landlord may claim that they are moving in, but instead rent the unit to a new tenant at a higher rent.

	'''Burden of proof''': When applying for 12 months’ rent as compensation, the burden of proof will be on your landlord. This means that, while you will be given the opportunity to present evidence at the hearing, the onus will be on your landlord to convince the arbitrator that they used the property for the stated purpose of ending your tenancy. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section51 section 51] of the ''RTA'' for more information.		'''Burden of proof''': When applying for 12 months’ rent as compensation, the burden of proof will be on your landlord. This means that, while you will be given the opportunity to present evidence at the hearing, the onus will be on your landlord to convince the arbitrator that they used the property for the stated purpose of ending your tenancy. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section51 section 51] of the ''RTA'' for more information.