End of Tenancy (Termination and Eviction) (19:XI)

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 15, 2024.

A. Overview

Landlords and tenants may end a tenancy in compliance with the RTA. This includes requirements about the form and length of notice required for a notice to end tenancy to be effective, and the reasons that a landlord is allowed to serve a tenant with a notice to end tenancy (commonly referred to as an eviction notice).

A periodic tenancy continues on a weekly, monthly, or other periodic basis until it is ended in accordance with the RTA (RTA, s 1). A periodic tenancy may be set out in the lease agreement; in addition, for a fixed-term tenancy that does not require the tenant to vacate on the last day, the landlord and tenant are deemed to have entered into a month to month periodic tenancy on the same terms if they have not entered into a new agreement by the last day (RTA, s 44(3)).

Eviction notices lay out the procedure for disputing the notice to end tenancy, including the very short deadline to apply for dispute resolution at the RTB that varies depending on the type of eviction notice. Tenants should never ignore a notice, even if they believe it is drafted incorrectly; the best course of action is to apply for dispute resolution so that an RTB arbitrator may adjudicate the validity of the eviction.

Readers are cautioned that because residential tenancy law changes very quickly, it is highly advisable to first research and verify the latest tenancy law before acting or advising on something in this Chapter, especially as it relates to notice periods or limitation periods for notices to end tenancy.

B. Requirements of Notices to End Tenancy

1. Form

For a notice to end a residential tenancy to be effective, it must:

• be in writing (RTA, s 52);
• be signed and dated by the landlord or tenant giving notice (RTA, s 52(a));
• include the address of the rental unit (RTA, s 52(b)); and
• state the effective date of the notice (RTA, s 52(c)).

For a landlord’s notice to be effective, it must also use the approved RTB form found on the RTB website (RTA, s 52(e)), which lays out how the tenant may dispute the notice. A landlord’s notice must also state the grounds for ending the tenancy; tenants’ notices are not subject to this requirement (RTA, s 52(d)).

If a notice to end tenancy does not comply with these form requirements, an Arbitrator may nevertheless amend the notice if they are satisfied that the person receiving the notice knew or should have known the information that was omitted from the notice, and it is reasonable to amend the notice (RTA, s (68)(2)). They may set aside the notice, amend it, or order that the tenancy end on a date other than the effective date shown (RTA, s 68(2)). Thus, tenants are cautioned against presuming that a minor defect on a notice to end tenancy makes it invalid, without the need to file for dispute resolution at the RTB.

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.

2. Date of Receipt

The required length of notice depends on the type of notice to end tenancy, described in further sections of this Chapter below. They are tied to when the other party receives the notice.

Giving and serving documents is governed by sections 88 to 90 of the RTA and sections 43 and 44 of the RTR; notably, email is not a method of service unless the person provided their email address as an address for service (RTR, s 43(1)). Absent evidence to the contrary, documents are presumed to be received on the following timelines:

• if given or served in person, on the same day;
• if given or served by mail, five days after it is sent (RTA, s 90(a));
• for most other methods, three days after it is sent or posted.

3. Paying Rent During the Notice Period

When a notice to end tenancy is given by either party, the effective date is later, creating a notice period. Rent must be paid throughout the notice period (RTA, s 26(1)), as the tenancy does not end until the effective date. A tenant who does not pay rent for the remainder of the tenancy may be served with a 10-day notice to end tenancy for non-payment of rent.

4. Calculating the Notice Period

Many notice periods for notices to end tenancy require both that its duration is at least certain number of months and that its effective date falls on the day before rent is due. The result is that the required notice period can vary depending on when notice is given.

For example, if rent is payable on the first of the month, a one-month notice given on January 1 will be effective in terminating the tenancy agreement no earlier than February 28, whereas notice given on May 31 would be effective to end the tenancy on June 30. In the former, the notice period lasts nearly two months, whereas in the latter, the notice period lasts less than a day longer than one month.

C. Tenant Gives Notice

A tenant can end a tenancy by giving notice. A landlord cannot apply for dispute resolution with respect to a tenant's eligibility to end their tenancy, but they can apply for dispute resolution if:

• Notice was given by a person who was not authorized under the regulations to do so;
• The tenant's notice is not provided in accordance with the RTA; or
• There are other claims unrelated to the tenant's notice to end tenancy.

When a tenant ends a tenancy this way, all individuals under the same tenancy agreement must vacate the rental unit when the tenancy ends, subject to whether the landlord enters into a new tenancy agreement with the remaining tenants immediately afterwards (RTB PG 13), which may involve renegotiation the terms of the agreement, including the rent amount. Thus, not having to choose between moving out or accepting a rent increase when a different tenant leaves is one advantage of signing a tenancy agreement that is separate from any other tenants living in the same unit.

1. One Month’s Notice

Where there is a periodic tenancy, the tenant can terminate the tenancy by giving notice with an effective date that satisfies both of the following:

• it is at least one clear month after the landlord receives the notice (RTA, s 45(1)(a)); and
• it takes place on the day before rent is periodically payable (RTA, s 45(1)(b)).

Where there is a fixed term tenancy, the effective date also must not be earlier than the end date of the tenancy as specified in the tenancy agreement (RTA, s 45(2)(b)). As a result, a fixed term tenant usually cannot end their tenancy early, but they can prevent it from converting into a month to month tenancy.

Although a landlord is not entitled to dispute a tenant’s one-month notice to end tenancy, if the tenant’s notice does not comply with the above requirements, the landlord may be entitled to monetary compensation at RTB dispute resolution.

2. Family Violence

A tenant is eligible to end a fixed term tenancy early in the following circumstances:

• they or their dependant are likely at risk from family violence carried out by the tenant’s family member, as defined under the Family Law Act, SBC 2011, c 5 [FLA] (RTA, s 45.1(2)(a)(i));
• they or any occupant are likely at risk from household violence (RTA, s 45.1(2)(a)(ii));
• they have been assessed as requiring long-term care (RTA, s 45.1(2)(b)); or
• they have been admitted to a long-term care facility (RTA, s 45.1(2)(c)).

The definition of “family violence” does not require intent to harm the tenant or family member, and includes the following (FLA, s 1):

• real or attempted physical or sexual abuse of a family member;
• psychological or emotional abuse of a family member; and
• direct or indirect exposure of a child to family violence.

The definition of “household violence” covers similar violence as “family violence,” including the lack of an intention to harm the tenant or occupant; “household violence” additionally covers circumstances when such violence has adversely affected or is likely to adversely affect the tenant or occupant’s quiet enjoyment, security, safety, or physical well-being (RTA, s 45.1(1)).

To terminate a fixed term tenancy early, the tenant must fill out Form RTB-49 and submit it to the landlord with along with one month’s written notice. A qualified third party is required to verify the risk of family violence or the need for long-term care (RTA, s 45.2). Section 39 of the RTR lists persons qualified to confirm a risk of family violence, whereas section 40 of the RTR lists persons qualified to confirm the need for long term care.

D. Landlord Gives Notice

Certain time limits may be extended, but only in exceptional circumstances (RTA, s 66(1)). In any event, time limits to dispute a notice to end tenancy cannot be extended past the effective date of the notice (RTA, s 66(3)). See RTB PG 36: Extending a Time Period, which sets out more information regarding the high bar of exceptional circumstances.

3. Non-Payment of Rent

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

b) Timeline to Invalidate or Dispute the Notice

After receiving the notice, the tenant has five days to do one of the following:

• pay the overdue rent, which invalidates the notice (RTA, s 46(4)(a)); or
• dispute the notice by applying for dispute resolution (RTA, s 46(4)(b)).

If the tenant does not pay the outstanding rent or dispute the notice to end tenancy on time, the tenant is conclusively considered to have accepted that the tenancy has ended on the effective date of the notice, and must vacate the unit by that date (RTA, s 46(5)). The landlord can go to the RTB to make a direct request for an order of possession without a hearing. No evidence from any other party would be considered except the landlord’s written submissions.

A notice to end tenancy for non-payment of rent has no effect if the amount of unpaid rent is an amount the tenant is permitted under the RTA to deduct from rent. However, tenants still need to file for dispute resolution in this situation rather than simply ignore the notice, otherwise they will be deemed to have accepted the end of the tenancy (RTA, s 46(5)(a)).

c) Paying the Overdue Rent

If a tenant pays the overdue rent in cash, they should request that the landlord provide a receipt as required under section 26(2) of the RTA. This can help prove that the tenant paid the overdue rent.

If the tenant decides to pay the overdue rent after the five-day period is over, the landlord is not obligated to accept the late payment, and even if the landlord does accept it, this does not cancel the notice as the tenant is conclusively presumed to accept the notice as ending the tenancy (RTA, s 46(5)(a)).

4. Cause to End Tenancy

A landlord may give notice to end tenancy for cause under certain circumstances. The following lists some of the valid causes:

• the tenant has not paid the security deposit or pet damage deposit within 30 days it must be paid under the tenancy agreement (RTA, s 47(1)(a));
• the tenant is repeatedly late paying rent (RTA, s 47(1)(b));
• there are an unreasonable number of occupants in the rental unit (RTA, s 47(1)(c));
• the tenant or a person they permitted on the residential property has seriously jeopardized the health or safety or a lawful right or interest of the landlord or another occupant (RTA, s 47(1)(d)(ii));
• the tenant or a person they permitted on the residential property has engaged in illegal activity that has jeopardized or is likely to jeopardize a lawful right or interest of another occupant or the landlord (RTA, s 47(1)(e)(iii));
• the tenant or a person they permitted on the residential property caused extraordinary damage to a rental unit or residential property (RTA, s 47(1)(f));
• the tenant fails to repair damage required under section 32(3) of the RTA within a reasonable time (RTA, s 47(1)(g));
• the tenant has failed to comply with a material term, and has not corrected the situation within a reasonable time after the landlord gives written notice to do so (RTA, s 47(1)(h));
• the tenant purports to assign the tenancy agreement or sublet the rental unit without the prior written consent of the landlord (RTA, s 47(1)(i));
• the tenant knowingly gives false information about the residential property to a prospective tenant or purchaser viewing the residential property (RTA, s 47(1)(j));
• the rental unit must be vacated to comply with a government order (RTA, s 47(1)(k)); and
• the tenant has not complied with an RTB order within 30 days of the later between the date the tenant receives the order and the date the order specifies the tenant must comply (RTA, s 47(1)(l)).

See section 47 of the RTA for a complete list of grounds for a landlord ending a tenancy for cause. To comply with the form and content requirements for notices to end tenancy, a landlord’s obligations include using Form RTB-33 and selecting the applicable cause to end tenancy from the provided boxes.

a) Effective Date of the Notice

A notice to end tenancy for cause must have an effective date that satisfies the following:

• it is at least one clear month after the landlord receives the notice (RTA, s 47(2)(a)); and
• it takes place on the day before rent is usually payable (RTA, s 47(2)(b)).

b) Timeline to Dispute the Notice

Upon receiving a notice to end tenancy for cause, the tenant has 10 days to apply for dispute resolution (RTA, s 47(4)). If the tenant does not apply for dispute resolution on time, the tenant is conclusively considered to have accepted that the tenancy has ended on the effective date of the notice, and must vacate the unit by that date (RTA, s 47(5)). The landlord can go to the RTB to make a direct request for an order of possession without a hearing. No evidence from any other party would be considered except the landlord’s written submissions.

c) Landlord’s Application to End Tenancy Early

For certain causes to end tenancy that constitute more serious violations identified in section 56(2) of the RTA, such as engaging in disruptive illegal activity or causing extraordinary damage to the residential property, the landlord may instead apply for an RTB order ending the tenancy on a date earlier than notices to end tenancy for cause would otherwise allow. The RTB may make an order ending the tenancy if they are satisfied of the grounds for ending the tenancy, and that it would be unreasonable or unfair to the landlord or other occupants to wait for the full notice period to elapse (RTA, s 56(2)); this eliminates the need for the landlord to provide notice (RTA, s 56(3)).

d) Repeated Late Payment of Rent

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 18 states that a minimum of three late payments is required, the existence of three late payments is in no way determinative.

In 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

Although the RTA operates independently of the legality of a suite under municipal bylaws and policies, municipal and other government orders can require a landlord to evict their tenants.

Municipalities all over the Lower Mainland are attempting to regulate secondary suites. In most Lower Mainland municipalities, secondary suites are regulated and may be legal, though some landlords may be operating the secondary suite without approval. The relevant bylaws and policy guidelines governing secondary suites and enforcement are specific to each municipality.

If a city inspector determines that a suite should be closed down, the city may order the landlord to shut down the suite, which will allow them to give a one-month notice to end tenancy for cause to the tenant.

For more information on the issue of tenancy agreements relating to illegal or unapproved suites, see RTB PG 20: Illegal Contracts.

5. End of Employment with the Landlord

A landlord may end the tenancy of a person employed as a caretaker, manager, or superintendent of the residential property of which the rental unit is a part by giving a notice to end the tenancy if:

• the rental unit was provided to the tenant for the term of the caretaker’s (tenant’s) employment (RTA, s 48(1)(a));
• the tenant’s employment as a caretaker, manager, or superintendent has ended (RTA, s 48(1)(b)); and
• the landlord intends in good faith to rent or provide the rental unit to a new caretaker, or manager (RTA, s 48(1)(c)).

More generally, if an employer rents or provides a rental unit to their employee for the term of their employment, the employer can end the tenancy if the employment has ended (RTA, s 48(2)).

a) Effective Date of the Notice

A notice to end tenancy for end of employment with the landlord must have an effective date that satisfies all of the following:

• it is at least one clear month after the landlord receives the notice (RTA, s 48(3)(a));
• it is not earlier than the last day the tenant is employed by the landlord (RTA, s 48(3)(b)); and
• it takes place on the day before rent is usually payable (RTA, s 48(3)(c)).

b) Timeline to Dispute the Notice

Upon receiving a notice to end tenancy for end of employment with the landlord, the tenant has 10 days to apply for dispute resolution (RTA, s 48(5)). If the tenant does not apply for dispute resolution on time, the tenant is conclusively considered to have accepted that the tenancy has ended on the effective date of the notice, and must vacate the unit by that date (RTA, s 48(6)). The landlord can go to the RTB to make a direct request for an order of possession without a hearing. No evidence from any other party would be considered except the landlord’s written submissions.

6. Landlord’s Use of Property

A landlord can give a notice to end tenancy in certain circumstances of them wanting to use their rental unit. The notice period and dispute resolution limitation dates differ according to the circumstance.

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 Gichuru v Palmar Properties Inc., 2011 BCSC 827.

b) Grounds: Personal Occupancy

Several provisions allow for the owner of a rental unit to end a tenancy so that they or their close family members can use the rental unit for personal occupancy.

For the purposes of notices to end tenancy for landlord’s use, an individual’s “close family member” is defined as any of the following:

• their parent, spouse, or child (RTA, s 49(1)(a)); or
• the parent or child of that individual’s spouse (RTA, s 49(1)(b)).

Meanwhile, a “family corporation” is defined as a corporation whose voting shares are all owned either one person, or one person and their siblings or close family members (RTA, s 49(1)).

A landlord may end a tenancy for landlord’s use if one of the following or their close family member, in good faith, intends to use the rental unit for personal occupancy:

• the landlord (RTA, s 49(3));
• where the landlord is a family corporation, a person owning its voting shares (RTA, s 49(4)); or
• where the landlord has entered into a good faith agreement to sell the rental unit and all the sale’s conditions have been satisfied (RTA, s 49(5)):
  • the purchaser; or
  • where the purchaser is a family corporation, a person owning its voting shares.

Occupation can include using the space as a home office (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)).

c) Other Grounds

A landlord may also end a tenancy for landlord’s use if they have all the permits and approvals required by law, and intend in good faith to do any of the following:

• demolish the rental unit (RTA, s 49(6)(a));
• convert the residential property to strata lots (RTA, s 49(6)(c));
• convert the residential property into a not for profit housing cooperative (RTA, s 49(6)(d));
• convert the rental unit for use by a caretaker, manager, or superintendent of the residential property (RTA, s 49(6)(e)); or
• convert the rental unit to a non-residential use (RTA, s 49(6)(f)), where converting to vacation or travel accommodation does not qualify (RTB PG 2B).

d) Effective Date of the Notice

Where there is a periodic tenancy, the effective date of the RTB order must satisfy the following:

• it is at least four clear months after date the order is made (RTA, s 49(2)(a)(i)), except where an exception applies; and
• it takes place on the day before rent is usually payable (RTA, s 49(2)(b)).

Where there is a fixed term tenancy, the effective date also must not be earlier than the end date of the tenancy as specified in the tenancy agreement (RTA, s 49(2)(c)). As a result, the landlord’s use of the rental unit cannot cause a fixed term tenancy to end early, but it can prevent it from converting into a month to month tenancy.

The following exceptions apply to the number of clear months that the notice period must last:

• where the purchaser of the rental unit intends in good faith to use the rental unit for personal occupancy, three clear months is required on or after August 21, 2024 (RTR, s 42.2), whereas two clear months were required before July 18, 2024;
• where the landlord or their close family member or a holder of a family corporation landlord’s voting shares or their close family member intend in good faith to use the rental unit for personal occupancy, two clear months were required before July 18, 2024.

e) Timeline to Dispute the Notice

Upon receiving a notice to end tenancy for landlord’s use, the tenant has 30 days to apply for dispute resolution (RTA, s 49(8)(a)), with the exception being that if the purchaser of the rental unit intends in good faith to use the rental unit for personal occupancy, the tenant has 21 days to dispute an eviction notice given on or after August 21, 2024 (RTA, s 49(8)(b); RTR, s 42.3).

If the tenant does not apply for dispute resolution on time, the tenant is conclusively considered to have accepted that the tenancy has ended on the effective date of the notice, and must vacate the unit by that date (RTA, s 49(9)). The landlord can go to the RTB to make a direct request for an order of possession without a hearing. No evidence from any other party would be considered except the landlord’s written submissions.

f) Requirement for Generated Notices to End Tenancy

Effective July 18, 2024, certain grounds to end tenancy for landlord’s use require the notice to end tenancy use Form RTB-32L as generated from the RTB’s Landlord Use Web Portal. If the tenant is given the old notice as a notice to end tenancy after that date, the notice is not valid and the landlord cannot end the tenancy using that form (RTA, s 53.1). This change was intended to help reduce bad faith evictions by requiring landlords to provide greater detail about their intentions for using the rental unit.

The following grounds for landlord’s use require the use of a generated notice to end tenancy (RTR, s 42.1):

• one of the following or their close family member intends in good faith to occupy the rental unit:
  • the landlord;
  • where the landlord is a family corporation, a person holding voting shares;
  • the purchaser of the rental; or
  • where the purchaser is a family corporation, a person holding its voting shares; or
• the landlord, having all the permits and approvals required by law, intends in good faith to convert the rental unit for use by a caretaker, manager, or superintendent of the residential property.

A sample RTB-32L can be found here.

g) Tenant’s Compensation

A landlord who gives a notice to end a tenancy for landlord’s use 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 (RTA, s 51(1)); alternatively, the tenant is authorized to withhold the amount authorized from the last month’s rent (RTA, s 51(1.1)), negating the need to wait for the landlord to finish repairs and pay the compensation.

As applicable, the landlord or purchaser must also pay the tenant an additional 12 months’ rent in compensation, unless they establish both of the following:

• the stated purpose for ending the tenancy was accomplished within a reasonable period after the effective date of the notice (RTA, s 51(2)(a)); and
• except if the rental unit was to be demolished, the rental unit was used for that stated purpose for at least 12 months following that reasonable period (RTA, s 51(2)(b)).

The RTB can excuse the landlord from the 12 months’ compensation if they find that extenuating circumstances prevented compliance with those two requirements (RTA, s 51(3)).

7. Tenant Ceases to Qualify for Rental Unit

A tenant may live in a subsidized rental unit it is operated by or on behalf of a public housing body, and the tenant was required to provide proof of their or another proposed occupant’s eligibility in criteria such as income, number of occupants, or health before entering into the tenancy agreement (RTA, s 49.1(1)).

If provided for in the tenancy agreement, the landlord can give a tenant of a subsidized rental unit notice to end tenancy if they no longer qualify for the rental unit.

a) Effective Date of the Notice

A notice to end tenancy for the tenant ceasing to qualify for the rental unit must have an effective date that satisfies all of the following:

• it is at least two clear months after the landlord receives the notice (RTA, s 49.1(3)(a)); and
• it is not earlier than the last day the tenant is employed by the landlord (RTA, s 49.1(3)(b));

Where there is a fixed term tenancy, the effective date also must not be earlier than the end date of the tenancy as specified in the tenancy agreement (RTA, s 49.1(3)(c)). As a result, the landlord’s use of the rental unit cannot cause a fixed term tenancy to end early, but it can prevent it from converting into a month to month tenancy.

b) Timeline to Dispute the Notice

Upon receiving a notice to end tenancy for end of employment with the landlord, the tenant has 15 days to apply for dispute resolution (RTA, s 49.1(5)). If the tenant does not apply for dispute resolution on time, the tenant is conclusively considered to have accepted that the tenancy has ended on the effective date of the notice, and must vacate the unit by that date (RTA, s 49.1(6)). The landlord can go to the RTB to make a direct request for an order of possession without a hearing. No evidence from any other party would be considered except the landlord’s written submissions.

E. By RTB Order: Renovations or Repairs

Frequently called “renovictions,” a landlord may only end a tenancy to make renovations or repairs to the rental unit by applying for an RTB order through the dispute resolution process.

Some municipalities have additional protection in place for tenants that are being subject to renovictions in addition to the protection offered by the RTA. One such example is the City of Vancouver’s Tenant Relocation and Protection Policy.

a) The Landlord’s Case to Prove

The RTB must make an order ending the tenancy (RTA, s 49.2(3)) if the landlord proves the following:

• the landlord intends in good faith to renovate or repair the rental unit (RTA, s 49.2(1)(a));
• the landlord has all the permits and approvals required by law to carry out the renovations or repairs (RTA, s 49.2(1)(a));
• the renovations or repairs require the rental unit to be vacant (RTA, s 49.2(1)(b));
• the renovations or repairs are necessary to prolong or sustain the use of the rental unit or its building (RTA, s 49.2(1)(c)); and
• the only reasonable way to achieve the necessary vacancy is to end the tenancy agreement (RTA, s 49.2(1)(d)).

b) Effective Date of the Order

Where there is a periodic tenancy, the effective date of the RTB order must satisfy the following:

• it is at least four clear months after date the order is made (RTA, s 49.2(4)(a)); and
• it takes place on the day before rent is usually payable (RTA, s 49.2(4)(b)).

Where there is a fixed term tenancy, the effective date also must not be earlier than the end date of the tenancy as specified in the tenancy agreement (RTA, s 49.2(4)(c)). As a result, renovations or repairs cannot cause a fixed term tenancy to end early, but it can prevent it from converting into a month to month tenancy.

c) Tenant’s Right of First Refusal

If a tenant receives an order that the tenancy agreement is to end due to renovations or repairs, the tenant may want to enter into a new tenancy agreement in respect of the rental unit. If the tenant gives the landlord a notice using Form RTB-28 of their intention to do so, they become entitled to enter into the new tenancy agreement (RTA, s 51.2(1)).

Upon being given the notice of intention to enter into a new tenancy agreement, the landlord has an obligation to give the tenant at least 45 days’ notice using Form RTB-35 of the availability date of the rental unit, as well as a tenancy agreement to commence on the availability date (RTA, s 51.2(2)). If the tenant does not enter into a tenancy agreement by the rental unit’s availability date, their right to a new tenancy agreement expires (RTA, s 51.2(3)).

d) Tenant’s Compensation

A landlord who is granted an RTB order ending the tenancy for renovations or repairs 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 (RTA, s 51.4(1)); alternatively, the tenant is authorized to withhold the amount authorized from the last month’s rent (RTA, s 51.4(2)), negating the need to wait for the landlord to finish repairs and pay the compensation.

The landlord must also pay the tenant an additional 12 months’ rent in compensation, unless they establish that the renovations and repairs have been accomplished within a reasonable period after the order’s effective date (RTA, s 51.4(4)). The RTB can excuse the landlord from the 12 months’ compensation if they find that extenuating circumstances prevented the landlord from accomplishing the renovations or repairs within that reasonable period (RTA, s 51.4(5)).

If the landlord receives from the tenant their notice of intention to exercise their right of first refusal and fails to provide the necessary 45-day notice of availability and tenancy agreement, the landlord must pay the tenant an additional 12 months’ rent in compensation unless the RTB finds that extenuating circumstances prevented them from granting the tenant their right of first refusal (RTA, s 51.3).

F. Either Party Gives Notice: Breach of Material Term

From Policy Guideline 8, a material term is defined as a term of the tenancy agreement that, at the time of entering into the tenancy agreement, both parties agree is so important that the most trivial breach of the term entitles the other party to terminate the agreement. Not all terms of a tenancy agreement are material terms. The circumstances surrounding the creation of the tenancy agreement and the importance of the term in the tenancy agreement as a whole are more relevant to whether the term is material, whereas the consequences of a breach or whether the tenancy agreement declares the term to be material are less relevant. The same clause can be a material term in one tenancy but non-material in another.

If a tenant breaches a material term of the tenancy agreement, and the landlord wishes to end the tenancy for that reason, the landlord must first give written warning. From Policy Guideline 8, the landlord must advise the tenant in that written warning that:

• there is a problem;
• they believe the problem is a breach of a material term of the tenancy agreement;
• the problem must be fixed by a specific deadline (which must be reasonable); and
• if the problem is not fixed by the deadline, they will serve a notice to end the tenancy.

If the tenant has not corrected the breach before the deadline, the landlord can end the tenancy after the landlord receives the written notice (RTA, s 47(1)(h)) .

To uphold an end to tenancy for a breach of material term, the RTB arbitrator must make the following objective findings:

• the tenant breached a term of the tenancy agreement;
• the term being breached is a material term;
• following the breach, the landlord provided written notice of the problem to the tenant;
• the written notice indicates that the tenant must correct the breach within a specified deadline;
• the tenant was given a reasonable amount of time to correct the breach; and
• the tenant continued to breach the material term of the tenancy agreement after the deadline.

See 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

The landlord and tenant can consent in writing to end a tenancy (RTA, s 44(1)(c)). Standard form RTB-8 is provided for this purpose, but it is not a mandatory form.

There have been some cases in which landlords have coerced or misled tenants into signing mutual agreements to avoid the RTA’s provisions on when a tenancy can be ended. Mutual agreements to end tenancy signed concurrently with a fixed-term lease have been struck down by the RTB as an attempt to contract out of the RTA, a violation of section 5. Generally, in a fixed-term lease, a mutual agreement to terminate the tenancy is legitimate if based on circumstances arising after the tenancy has begun.

Tenants and landlords can agree to use the Mutual Agreement to End Tenancy form, but it may be prudent for tenants to seek to add a clause barring the landlord from claiming damages for loss of rent due to breaking a fixed term tenancy.

When a tenant ends a tenancy this way, all individuals under the same tenancy agreement must vacate the rental unit when the tenancy ends, subject to whether the landlord enters into a new tenancy agreement with the remaining tenants immediately afterwards (RTB PG 13), which may involve the rent being adjusted back to market rates. Thus, not having to choose between moving out or accepting a rent increase when a different tenant leaves is one advantage of signing a tenancy agreement that is separate from any other tenants living in the same unit.

H. End of Fixed Term Tenancy With Requirement to Vacate

A fixed term tenancy can only require the tenant to vacate at the end of the term, as opposed to enter a month to month tenancy, if one of the following people will occupy the rental unit for at least six months at the end of the fixed term (RTA, ss 44(1)(b) and 49(1); RTR, s 13.1):

• the landlord;
• the landlord’s spouse, parent, or child; or
• the parent or child of the landlord’s spouse.

When a fixed term tenancy includes such a requirement to vacate, the landlord must pay the tenant the equivalent of 12 months’ rent as compensation, unless they can establish that steps have been taken to have the required individual occupy the rental unit within a reasonable period after the tenancy’s end date and that the individual did indeed occupy the rental unit for the required 6 months (RTA, s 51.1(1)). The RTB can excuse the landlord from having to pay the 12 months’ compensation if they find that extenuating circumstances prevented them from having the rental unit be occupied as required (RTA, s 51.1(2)).

I. Wrongful Direct Request for Order of Possession

Sometimes, a tenant will receive a Notice of Direct Request in circumstances where they should receive a hearing: for example, if an application for dispute resolution over the eviction notice has already been filed, there is a legitimate dispute on its merits, or in the case of a notice to end tenancy for non-payment of rent, all arrears have been paid within five days of receipt. In such a case, it is imperative that the tenant immediately write to the RTB and request a dispute resolution hearing to stop the landlord from obtaining an order of possession. The tenant should explain why their case is not appropriately addressed through the direct request process.

Once an order of possession has been given to the landlord and served to the tenant after a wrongful Direct Request, the tenant should tell the landlord that they are reviewing it, so the landlord cannot get a writ from BC Supreme Court. The tenant should then file a review application to the RTB on that order of possession, on the basis of landlord fraud and/or inability to attend the original hearing.

J. Disputing a Notice to End Tenancy

If a tenant misses their deadline to file to dispute their eviction notice at the RTB, they may be conclusively presumed to accept that the tenancy has ended, allowing the landlord to apply for an order of possession without a participatory hearing. Therefore, tenants are almost always advised to dispute their eviction notice unless they truly accept the eviction. As an order of possession cannot be enforced if there is a dispute resolution application pending adjudication, applying for dispute resolution can provide the tenant with greater time to find a new home in case their eviction is upheld.

An RTB Arbitrator may extend a time limit established by the RTA only in exceptional circumstances (RTA, s 66(1)). However, they must not extend the time to apply for dispute resolution to dispute a notice to end a tenancy beyond the effective date of the notice (RTA, s 66(3)). Furthermore, the time limit to dispute a notice to end tenancy for non-payment of rent can only be extended in one the following circumstances:

• the landlord has provided written permission for an extension (RTA, s 66(2)(a)); or
• the tenant has deducted the unpaid amount because the tenant believed that the deduction was allowed for emergency repairs or under an RTB order (RTA, s 66(2)(b)).

A tenant can ask for a delayed order of possession in the alternative that the eviction is upheld. Effective dates for orders of possession have generally been set for seven days after the order is received, although an RTB arbitrator has the discretion to set the effective date based on factors such as the point up to which the rent has been paid, the length of the tenancy, and evidence showing that it would be unreasonable to vacate the property in seven days (RTB PG 54).

K. Failure of a Tenant to Deliver Up the Rental Unit: Regaining Possession

A tenant must surrender possession at the end of the tenancy (RTA, s 37(1)). After a tenancy ends, there is no agreement, and the overholding tenant is usually found to be a licensee or mere occupant. A new tenancy agreement could be created afterwards, such as by the landlord accepting payment of rent, but otherwise, the occupant of residential premises is liable to a landlord’s claim for compensation for use and occupation (RTA, s 57(3)). If a prospective tenant is suing the landlord for failure to give vacant possession, the landlord can add the overholding tenant as a party to the dispute (RTA, s 57(4)).

The landlord must not take actual possession of a rental unit that is occupied by an overholding tenant unless the landlord has a writ of possession issued under the B.C. Supreme Court Rules.

If a landlord gives a notice to end tenancy, they can apply for the order of possession after the tenant’s limitation period to file for dispute has expired (RTA, s 55(2)(b)), which may range from 5 to 30 days depending on the grounds for ending the tenancy. The landlord may be able to obtain the order of possession without a participatory hearing taking place, as well as an order to pay rent in the case of an eviction for non-payment of rent (RTA, s 55(4)). Monetary orders for rent in arrears may also be granted without a participatory hearing if the tenant’s time to dispute the notice has passed.

L. Abandonment and End of Tenancy

Abandonment of the rental unit by the tenant is one of the automatic grounds for ending a tenancy agreement (RTA, s 44(1)(d)). Where a tenant abandons the rental unit before the end of a fixed term tenancy, or without giving proper notice during a periodic tenancy, a landlord may have a claim against the tenant for outstanding rent. Disputes may arise when the landlord claims the rental unit has been abandoned while the tenant disputes the end of the tenancy and the landlord’s finding of abandonment.

The landlord’s duty to mitigate and re-rent and the landlord’s right to remove the tenant’s goods both depend on a finding that the rental unit was abandoned. In other words, if a tenant does not clearly communicate to the landlord that they will be abandoning the rental unit, the landlord may not be subject to a duty to mitigate their losses by re-renting the suite until they are sure the rental unit has been abandoned.

Part 5 of the RTR sets out the landlord and tenant’s rights and obligations regarding abandoned 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.

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:

• the tenant has vacated the residential property after the tenancy agreement has ended (RTR, s 24(1)); or
• 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 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)).

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.

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:

• the property has a total market value of less than $500 (RTR, s 25(2)(a));
• the cost of removing, storing, and selling the property would be more than the proceeds of its sale (RTR, s 25(2)(b)); or
• the storage of the property would be unsanitary or unsafe (RTR, s 25(2)(c)).

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.

© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.