Strata Law and Residential Tenancies of Strata Lots (Condominiums) (19:XII)

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This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 2, 2023.

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.