Difference between revisions of "Tenancies in Secondary or Illegal Suites (19:XVII)"

From Clicklaw Wikibooks
Jump to navigation Jump to search
(Created page with "{{LSLAP Manual TOC|expanded = landlord}} Municipalities all over the Lower Mainland are attempting to regulate secondary suites. In most Lower Mainland municipalities, seco...")
 
(9 intermediate revisions by 2 users not shown)
Line 1: Line 1:
{{REVIEWED LSLAP | date= July 29, 2019}}
{{LSLAP Manual TOC|expanded = landlord}}
{{LSLAP Manual TOC|expanded = landlord}}


Municipalities all over the Lower Mainland are attempting to regulate secondary suites. In most Lower Mainland municipalities, secondary suites are legal and regulated (though some landlords may be operating the secondary suite without approval). The bylaws and policy guidelines are municipality-specific, so clients should be directed to their municipal offices to find out what the specific enforcement policies are for their municipality. For a website with links to various municipalities’ polices on secondary suites, see http://www.homeswithsuites.ca/MunicipalSuitePolicies.ubr  
Municipalities all over the Lower Mainland are attempting to regulate secondary suites. In most Lower Mainland municipalities, secondary suites are legal and regulated (though some landlords may be operating the secondary suite without approval). The bylaws and policy guidelines are municipality-specific, so clients should be directed to their municipal offices to find out what the specific enforcement policies are for their municipality. For a website with links to various municipalities’ polices on secondary suites, see http://www.homeswithsuites.ca/MunicipalSuitePolicies.ubr
 
 
The City of Surrey approved secondary suites in December of 2010. See http://www.surrey.ca/city-government/7617.aspx for information.
 
 
Vancouver’s Zoning and Development By-law makes it possible to have a secondary suite in every detached single family home in the City of Vancouver. Council also approved the relaxation of various building code standards to facilitate the secondary suite process.
 
 
The City of Vancouver will continue to respond to complaints received from neighbours or tenants regarding illegal suites. Where legitimate complaints are received, homeowners will have to apply to make the suite legal. In the case of houses with multiple suites, Council policy limits the house to a principal dwelling and one secondary suite. The application process is described online, and can be accessed at: http://vancouver.ca/home-property-development/creating-a-secondary-suite.aspx.
 
 
If a city inspector determines that a suite should be closed down, the landlord will be given 30 days’ notice to evict the tenant. That notice will begin to run from the day on which rent is next due. '''Regardless of the legality of the suite however, the RTA may still apply.''' A tenant may be entitled to more than the 30 days’ notice given by the municipality, and may therefore have a claim against the landlord if proper notice is not given.


The  City  of  Surrey  approved  secondary  suites  in  December  of  2010.  See  http://www.surrey.ca/city-government/7617.aspx for information.


Vancouver’s  Zoning  and  Development  By-law  makes  it  possible  to  have  a  secondary  suite  in  every detached  single  family  home  in  the City  of Vancouver.  Council  also  approved  the  relaxation  of various building code standards to facilitate the secondary suite process.  
'''For more information on the issue of tenancy agreements relating to illegal or unapproved suites, see RTB Policy Guideline 20: Illegal Contracts.'''


The City will continue to respond to complaints received from neighbours or tenants regarding illegal suites.  Where  legitimate  complaints  are  received,  homeowners  will  have  to  apply  to  make  the  suite legal. In the case of houses with multiple suites, Council policy limits the house to a principal dwelling and one secondary suite. The application process is described online, and can be accessed at:              http://vancouver.ca/home-property-development/creating-a-secondary-suite.aspx.


If  a  city inspector  determines  that  a  suite  should  be  closed  down,  the landlord  will  be  given  30 days’ notice  to  evict  the  tenant.  That  notice  will  begin  to run  from  the  day  on  which  rent  is  next  due. '''Regardless  of  the  legality  of  the  suite  however,  the  RTA  may  still  apply.'''  A  tenant  may  be entitled  to  more  than  the  30  days’  notice  given  by  the  municipality,  and  may  therefore have  a  claim against the landlord if proper notice is not given. See RTB Policy Guideline 20: Illegal Contracts.
{{LSLAP Manual Navbox|type=chapters15-22}}

Revision as of 00:37, 29 September 2020


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 29, 2019.



Municipalities all over the Lower Mainland are attempting to regulate secondary suites. In most Lower Mainland municipalities, secondary suites are legal and regulated (though some landlords may be operating the secondary suite without approval). The bylaws and policy guidelines are municipality-specific, so clients should be directed to their municipal offices to find out what the specific enforcement policies are for their municipality. For a website with links to various municipalities’ polices on secondary suites, see http://www.homeswithsuites.ca/MunicipalSuitePolicies.ubr


The City of Surrey approved secondary suites in December of 2010. See http://www.surrey.ca/city-government/7617.aspx for information.


Vancouver’s Zoning and Development By-law makes it possible to have a secondary suite in every detached single family home in the City of Vancouver. Council also approved the relaxation of various building code standards to facilitate the secondary suite process.


The City of Vancouver will continue to respond to complaints received from neighbours or tenants regarding illegal suites. Where legitimate complaints are received, homeowners will have to apply to make the suite legal. In the case of houses with multiple suites, Council policy limits the house to a principal dwelling and one secondary suite. The application process is described online, and can be accessed at: http://vancouver.ca/home-property-development/creating-a-secondary-suite.aspx.


If a city inspector determines that a suite should be closed down, the landlord will be given 30 days’ notice to evict the tenant. That notice will begin to run from the day on which rent is next due. Regardless of the legality of the suite however, the RTA may still apply. A tenant may be entitled to more than the 30 days’ notice given by the municipality, and may therefore have a claim against the landlord if proper notice is not given.


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


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