Understanding the Landlord's Right to End Tenancy
A Landlord may end a tenancy in respect of a rental unit if the landlord or a close family member of the landlord intends in good faith to occupy the rental unit. Below is a brief informational summary on the process to end a tenancy for landlord's use.
Initiating the Process with a Two-Month Notice
This process is initiated through the landlord serving a two-month notice to end tenancy so that it is received by the tenant at least two months before the effective date of the notice. When a tenant receives a notice, they may either accept the end of the tenancy or may file an application disputing the notice within 15 days of receiving it. The onus is on the landlord to demonstrate that they plan to occupy the rental unit for at least 6 months and that they have no dishonest motive.
Landlord's Responsibility: Demonstrating Intent and Occupancy
The landlord or close family member intending to live in the rental unit must occupy the property for a residential purpose for a duration of at least 6 months and beginning within a reasonable period after the effective date of the notice (a landlord cannot evict the tenant for occupancy by the landlord or close family member and then leave the property vacant for two months).
Residential Tenancy Branch Decision - September 2022
According to a September 2022 decision of the Residential Tenancy Branch (http://www.housing.gov.bc.ca/rtb/decisions/2022/09/092022_Decision9435%20.pdf), there is no requirement that the landlord must occupy the home full-time, or as their principal residence. In that decision, the arbitrator of the Residential Tenancy Branch states that owning multiple homes and being away for travel commitments is a reasonable and credible explanation for why a landlord did not reside in the rental unit on a full-time basis.
Evidence of Occupancy and Potential Compensation
Although a landlord may not be required to live in the property full-time, a landlord should nevertheless be prepared to provide evidence that they have occupied the property for required 6-month period. If the property is not used for the stated purpose, then the landlord may be required to compensate the tenant in an amount that is 12 times the monthly rent that the tenant was required to pay before the tenancy ended.
Tenant's Entitlement to Compensation
The tenant is entitled to compensation when a landlord ends a tenancy pursuant to a two-month notice to end tenancy. The landlord must pay the equivalent of one month’s rent to the tenant. The repayment must be made on or before the effective date of the landlord’s notice. The tenant is entitled to hold back the last month’s rent in this situation.
Regular updates may occur due to legislative changes. If you have any questions, reach out to our office to discuss.
THE INFORMATION ON THIS PAGE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON BY THE READER AS LEGAL ADVICE.