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Difference between revisions of "End of Tenancy (Termination and Eviction) (19:IX)"
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End of Tenancy (Termination and Eviction) (19:IX) (view source)
Revision as of 07:14, 30 December 2020
, 07:14, 30 December 2020→4. Landlord’s Use of Property (RTA, s 49)
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Notice to end tenancy may be given by the landlord where: | Notice to end tenancy may be given by the landlord where: | ||
*the landlord sells the property and the purchaser asks the landlord, in writing, to give the tenant notice because he or she intends to occupy the property (RTA, s 49(5)(c)); | |||
*the landlord or a member of his or her immediate family (consists only of spouse, child or parent of the landlord or spouse) intends to occupy the property (s 49(3)); | |||
*the landlord is a “family corporation (i.e. a corporation where the voting shares are all own by one individual or one individual and their sibling or immediate family) and a person owning voting shares in the family corporation or their immediate family member intends to occupy the property (s 49(4)); | |||
*the landlord has all the necessary permits and approvals required by law, and intends in good faith to demolish the property, convert it into a strata lot or co-op, convert it into non-residential property or a caretaker’s premises for more than six months, or renovate the rental unit in a manner that requires it to be vacant (s 49(6)). | |||
NOTE: One of the rulings of ''Aarti Investments Ltd. v. Baumann'', (2019 BCCA 165) states that in a dispute over an eviction on s 49 (6), the onus is on the landlord to establish “good faith.” The tenant is not required to prove the landlord’s bad faith. | |||
NOTE: One of the rulings of Aarti Investments Ltd. v. Baumann, (2019 BCCA 165) states that in a dispute over an eviction on s 49 (6), the onus is on the landlord to establish “good faith.” The tenant is not required to prove the landlord’s bad faith. | |||
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Additionally, if the rental unit is one in a residential property containing 5 or more rental units where the landlord ended the tenancy pursuant to s. 49(6)(b) (renovation or repair), the tenant has a right of first refusal under s. 51.2. This means that the tenant is entitled to enter a new tenancy upon completion of renovation or repair if they give notice that the tenant intends to enter into a new tenancy prior to the end of tenancy. | Additionally, if the rental unit is one in a residential property containing 5 or more rental units where the landlord ended the tenancy pursuant to s. 49(6)(b) (renovation or repair), the tenant has a right of first refusal under s. 51.2. This means that the tenant is entitled to enter a new tenancy upon completion of renovation or repair if they give notice that the tenant intends to enter into a new tenancy prior to the end of tenancy. | ||
If the tenant gave notice pursuant to s. 51.2, the landlord must give tenant notice at least 45 days before the date of completion informing the tenant the availability date of the rental unit and a tenancy agreement to sign that commences on that availability date. | If the tenant gave notice pursuant to s. 51.2, the landlord must give tenant notice at least 45 days before the date of completion informing the tenant the availability date of the rental unit and a tenancy agreement to sign that commences on that availability date. | ||
If the tenant does not enter into a tenancy agreement on or before the availability date, the tenant has no further right. | If the tenant does not enter into a tenancy agreement on or before the availability date, the tenant has no further right. | ||
'''By s. 51.3, if the tenant gave notice under s. 51.2 and the landlord does not comply with s. 51.2, the landlord must pay the tenant 12 times the monthly rent as compensation. Note that the landlord may be exempted due to hardship as determined by an Arbitrator (s. 51.3(2)).''' | |||
By s. 51.3, if the tenant gave notice under s. 51.2 and the landlord does not comply with s. 51.2, the landlord must pay the tenant 12 times the monthly rent as compensation. Note that the landlord may be exempted due to hardship as determined by an Arbitrator (s. 51.3(2)). | |||
A landlord who gives notice to end a tenancy under s 49 must pay the tenant, on or before the effective date of the notice an amount that is equivalent to one month’s rent as compensation (s 51(1)). | A landlord who gives notice to end a tenancy under s 49 must pay the tenant, on or before the effective date of the notice an amount that is equivalent to one month’s rent as compensation (s 51(1)). | ||
