Difference between revisions of "Residential Tenancies in Strata Lots (Condominiums) (19:XIV)"
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The ''Strata Property Act'' (SPA)and the ''Strata Property Regulation'' '' | The ''Strata Property Act'' (''SPA'') and the ''Strata Property Regulation'' (''SPR'') govern strata properties. Persons renting a residential condominium are tenants under the ''RTA''. Such tenants are also subject to Parts 7 and 8 of the ''SPA''. For more information visit [[Introduction_(22:I)|Chapter 22: Strata Law]]. | ||
Section 138 of the ''SPA'' allows a strata corporation to evict a tenant of a residential strata lot by issuing a Notice to End Tenancy under ''RTA'' s 47 for a repeated or continuing contravention of a reasonable and significant bylaw or rule if the contravention seriously interferes with another person's use and enjoyment of a strata lot, the common property, or the shared assets. Although a Strata is not included in the definition of "landlord" in the ''RTA'', it is considered a landlord when issuing a notice to end a tenancy under section 47 of the ''RTA'', defending any application disputing that notice, and seeking an order and writ of possession about that notice. | Section 138 of the ''SPA'' allows a strata corporation to evict a tenant of a residential strata lot by issuing a Notice to End Tenancy under ''RTA'' s 47 for a repeated or continuing contravention of a reasonable and significant bylaw or rule if the contravention seriously interferes with another person's use and enjoyment of a strata lot, the common property, or the shared assets. Although a Strata is not included in the definition of "landlord" in the ''RTA'', it is considered a landlord when issuing a notice to end a tenancy under section 47 of the ''RTA'', defending any application disputing that notice, and seeking an order and writ of possession about that notice. | ||
If a tenant disputes the Notice to End Tenancy, the director will determine whether: | If a tenant disputes the Notice to End Tenancy, the director will determine whether: | ||
*The tenant repeatedly or continuously contravened a bylaw or rule; and | |||
* The tenant repeatedly or continuously contravened a bylaw or rule; and | *The contravention of that bylaw or rule seriously interfered with another person’s use and enjoyment of a strata lot, the common property or the common assets. | ||
* The contravention of that bylaw or rule seriously interfered with another person’s use and enjoyment of a strata lot, the common property or the common assets. | |||
The director does not have jurisdiction to determine whether a strata bylaw or rule is legally valid. | The director does not have jurisdiction to determine whether a strata bylaw or rule is legally valid. | ||
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Latest revision as of 08:58, 30 August 2024
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 15, 2024. |
The Strata Property Act (SPA) and the Strata Property Regulation (SPR) govern strata properties. Persons renting a residential condominium are tenants under the RTA. Such tenants are also subject to Parts 7 and 8 of the SPA. For more information visit Chapter 22: Strata Law.
Section 138 of the SPA allows a strata corporation to evict a tenant of a residential strata lot by issuing a Notice to End Tenancy under RTA s 47 for a repeated or continuing contravention of a reasonable and significant bylaw or rule if the contravention seriously interferes with another person's use and enjoyment of a strata lot, the common property, or the shared assets. Although a Strata is not included in the definition of "landlord" in the RTA, it is considered a landlord when issuing a notice to end a tenancy under section 47 of the RTA, defending any application disputing that notice, and seeking an order and writ of possession about that notice.
If a tenant disputes the Notice to End Tenancy, the director will determine whether:
- The tenant repeatedly or continuously contravened a bylaw or rule; and
- The contravention of that bylaw or rule seriously interfered with another person’s use and enjoyment of a strata lot, the common property or the common assets.
The director does not have jurisdiction to determine whether a strata bylaw or rule is legally valid.
© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society. |