Residential Tenancies in Strata Lots (Condominiums) (19:XIV): Difference between revisions

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{{REVIEWED LSLAP | date= August 2, 2023}}
{{REVIEWED LSLAP | date= August 15, 2024}}
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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]].
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 2024, The Greater Vancouver Law Students' Legal Advice Society.