4.6 Eviction Notices
The law has recently changed. There is now also a Four Month Notice for Landlord Use of Property.
This video also applies to both Two and Four Month Eviction Notices for Landlord Use of Property.
The law regarding evictions for renovations has been changed. The Residential Tenancy Act allows landlords to evict tenants, with four months’ notice, for major renovations that require a unit to be empty for an extended period. However, unlike other types of evictions, the landlord is required to apply for a dispute resolution hearing through the RTB, rather than serve an eviction notice on the tenant. In other words, the onus to initiate dispute resolution proceedings is reversed. Instead of you being required to dispute an eviction notice for renovations by a certain deadline, your landlord is automatically required to apply for permission from the RTB to evict you.
You may now be entitled to 12 months rent as compensation if your landlord does not follow through with a Two or Four Month Eviction Notice.
For more information on Four Month Eviction notices for renovations and demolition, please visit TRAC’s webpage on Evictions.
An eviction is when a landlord forces a tenant to move out. If your landlord wants to evict you, they have to have an acceptable reason under the law, and give you an approved eviction notice. Your landlord cannot evict you simply because they don’t like you!
There are three main types of eviction notices:
You might receive a 10 Day Eviction Notice if you fail to pay your full rent on time. If you receive this notice, you can cancel it by paying your full rent within five days. However, if you do this too often, your landlord may give you a One Month Eviction Notice for repeated late payment of rent.
You can also receive a 10 Day Eviction Notice if your tenancy agreement requires you to pay your landlord for utilities, and you fail to make that payment within 30 days after receiving a demand letter from your landlord.
You might receive a One Month Eviction Notice if your landlord has “cause” to evict you. For example, if you or your guests do any of the following:
In serious situations, your landlord may apply for dispute resolution to ask for permission to evict you with less than one month notice. The Residential Tenancy Branch will only agree to this if they are convinced that it would be unreasonable or unfair to the landlord or another tenant to wait until the One Month Notice takes effect.
The most common reasons for receiving a Two Month Eviction Notice include:
If you receive a Two Month Eviction Notice, your landlord must give you one month rent as compensation. What typically happens is that the tenant continues to live in the rental unit for the remaining two months, and receives the second month free. However, if you wish to move out before the end of the two months, you can give your landlord 10 days’ notice in writing, and they still need to pay you compensation. For example, if you give proper notice to move out half way through your free month, they would still have to pay you money for the remaining half of that month.
There is one exception to this rule. If you receive a Two Month Eviction Notice for no longer qualifying for a subsidized rental unit, you are not entitled to free rent for one month.
If your landlord gives you a Two Month Notice for Landlord Use of Property, they have a responsibility to act in good faith. This means that they cannot lie to you about what they plan on doing with your rental unit. If your landlord does not use your rental unit for the purpose stated on your eviction notice for at least six months, the landlord may owe you double the monthly rent. For example, if your landlord claims they are moving in, but then instead rents to a new tenant, you should consider applying for dispute resolution. As long as you can show evidence of the landlord lying, you should be able to receive two months’ rent as compensation.
Yes, there can be exceptional circumstances that force tenancies to end unexpectedly. If a flood, fire or earthquake leaves your rental unit unlivable, your tenancy agreement may be considered a “frustrated contract” since it would be impossible to continue. You may also come across a situation where the property you are living in experiences a foreclosure and you have to move out. This could happen when the bank or another lender has taken over control of the property because your landlord cannot pay the mortgage.
If you find yourself in one of these complicated situations, you may want to contact TRAC, the Residential Tenancy Branch, a legal advocate, or a lawyer to ask for additional information and assistance.