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