Notice to end tenancy in BC

Notice to end tenancy in BC.

Notice to end tenancy in BC

Residential Tenancy Act(RTA)

The provincial government has aggressively addressed the issues of affordable housing shortages, soaring home prices, and inadequate long-term rental options in key residential areas. Bill 14, introduced with the aim of tackling these problems, seeks to prevent bad-faith evictions, curb unfair rent increases, and limit practices that might unfairly advantage landlords over tenants. Additionally, the bill is designed to stabilize the rental market and offer clearer resolutions for disputes.
Bill 14 implements changes to the Residential Tenancy Act(RTA) and introduces new measures for evicting tenants in BC.

Changes to Notice Period – RTA-Residential Tenancy Act

Section 49 of the RTA prescribes circumstances in which a landlord can evict a tenant where a landlord wishes to use its rental property.
Landlords may terminate a tenancy if they have entered into a good-faith agreement to sell the rental unit, and the purchaser requests the landlord to provide notice to end the tenancy because the purchaser or a close family member (spouse, parents, children) intends to occupy the unit in good faith.

The eviction notice period for landlords selling their properties is three months for notice given after August 21, 2024.   There is a brief period between July 18 and August 21 where a four month notice was required.  The dispute period is 21 days.

Landlords will need to generate the notice through the Residential Tenancy Branch’s (RTB) website, which introduces a new level of transparency and efficiency. However, the core focus remains on understanding and complying with the new legislation.

To help make home ownership and renting more affordable for Millennials and Generation Zs, the federal Budget 2024: Fairness for every generation, delivered April 16, 2024, includes $8.521 billion in new and enhanced housing initiatives.

Some of these initiatives were already announced in Canada’s Housing Plan, which aims to deliver 3.87 million homes by 2031. This includes a minimum of two million new homes.

Other Key Changes to the RTA-Residential Tenancy Act

  • Adds Section 22.1 to the RTA, which now prohibits a landlord from increasing the rent when the number of occupants increases because a minor, or a person who was a minor when the tenancy agreement was entered into, moves in. Section 14 limits the amount of any such increase to the prescribed amount.
  • A landlord may not give notice to end the tenancy unless the relevant requirements or circumstances justifying the end of the tenancy exist or the landlord has a reasonable belief that those requirements/circumstances existed at the time the notice is given.
  • Unless otherwise prescribed, a landlord may not end a tenancy for their own or close family use, or a purchaser or their close family’s use where the building contains five or more rental units, and is either not stratified or is stratified but all rental units are owned by the same owner.
  • To avoid the increased compensation payable under Section 51(2), the stated use that justified the end of the tenancy for any reason other than demolishment is increased to 12 months unless another period is prescribed, which will be no shorter than six months. A similar amendment is made to the amount payable if the circumstances justifying a tenant having to vacate the unit at the end of a fixed-term tenancy do not come to pass.
  • Failure to follow the rules set out in Section 22.1 (restriction on varying rent based on the number of occupants) or 44.1 (landlord prohibition respecting ending tenancies) are now included as offences under the RTA and are currently subject to a $5,000 fine.

Check the BC Gov website to find more about: More protections for renters, parents, landlords, families.

Check our other blogs under Real Estate 101 – that might give you answers about buying or selling a home.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.