Just ask Sarah: Evicted due to landlord use? What every tenant should know

A rental eviction is a stressful and unsettling experience. Here on the Coast we often see posts on Facebook from people looking for a new home because landlords are planning to move back into their houses. In some cases, these transitions are smooth and fair; in other cases this is not the case. Here are some important legal details to keep in mind if you are facing eviction for landlord use.

Understanding Eviction Notices

Landlords in BC can issue personal eviction notices under certain circumstances set out in the Residential Tenancy Act (RTA). Understanding these rules is critical to guiding your next steps.

Previously, landlords could issue eviction notices for personal use in two main categories: with two months’ notice and with four months’ notice. However, from July this year, the two-month notice period has been replaced by a four-month notice period for landlord occupancy, except in cases where the property has been sold and the buyer intends to occupy the unit. In such cases, the tenant must give three months’ notice and is entitled to one month’s rent as compensation. In addition, landlords cannot issue these notices if the tenants have a fixed-term tenancy or if the building contains five or more residential units.

For more extensive measures affecting the property, a notice period of four months is required. This includes situations where the landlord plans to demolish the rental unit, convert it into strata or cooperative housing, or undertake extensive renovations or repairs that will require the unit to be vacant. In these cases, the landlord must pay the tenant four months’ notice and one month’s rent as compensation. Both types of notices contain specific rules to ensure fairness and compliance with residential tenancy law.

What can tenants do?

Tenants have several options when receiving a landlord eviction notice. If you believe the eviction notice is unjustified, you can challenge it through the Residential Tenancy Branch (RTB). If the notice period is four months, the dispute must be submitted within 30 days of receiving the notice. As part of the dispute resolution process, the landlord must prove that the eviction complies with the requirements of the Residential Tenancies Act.

Tenants also have the right to end their tenancy early after receiving an eviction notice. If you provide the landlord with at least 10 days’ written notice, you can terminate the tenancy before the end of the notice period and continue to be entitled to the legally required monthly rent compensation.

If you are evicted from a building with five or more rental units due to renovations, you may have a “right of first refusal.” This means that you can choose to return to your apartment after the renovations are completed, and the landlord must offer it to you at the same rent you paid before the eviction.

Find support

Dealing with a landlord eviction lawsuit can be overwhelming, but knowing your rights and the legal requirements can make the process more manageable. Whether you’re contesting a termination, considering early termination, or planning to return after renovations, staying informed will ensure you’re treated fairly and lawfully. If you are facing eviction, do not hesitate to seek advice from trusted resources, such as Legal Counsel at the Sunshine Coast Resource Centre. Knowledge is your best tool to protect your rights and achieve a fair outcome.

If you are a tenant and need help with rental matters, you can contact the following places:

• Resource Center Attorney Diana Gamble (email protected)

• Tenant Resource and Counseling Center (TRAC) Tenant Information Line 1-800-665-1185 or visit www.tenants.bc.ca

• You can also contact the Residential Tenancy Branch Information Line (250) 387-1602

If you need assistance with a BC housing application, please visit www.bchousing.org to download the application.

If you or someone you know needs help navigating housing or eviction issues on the Sunshine Coast, or would like to learn more about available resources, contact us at (email protected), call 604-885-4088 or visit Contact us at resourcescentre.ca.