Whenever you decide to evict tenants for renovations, you need to know about the legality of the process and the permits you need to get. You also need to know about the rights of the tenants and how you can help them find another place to live.
Legality
Whether you are a landlord or a tenant, the legality of evicting tenants for renovations in BC is something you need to know. The Residential Tenancy Act provides the legal framework for evicting tenants for renovations.
The Residential Tenancy Branch (RTB) hears eviction disputes. In many cases, the RTB will offer the tenant the option to move back in when renovations are finished. In other cases, the landlord may have to pay the tenant 12 months’ rent in compensation.
BC’s eviction law is easy to follow. The landlord must first serve a 10-day notice. The notice can be served by mail or in person. The landlord then must go to the LTB or the court for an eviction order. The notice must be served at least 10 days before the tenant’s scheduled move-out date.
During the eviction process, the landlord must use a court-approved bailiff to kick the tenant out. The landlord must also provide a new tenancy agreement with a new lease term that follows the Act’s rules.
A tenant may challenge an eviction order in court. The tenant must file a motion within 10 days of the eviction order. The tenant must also show proof of entitlement to compensation. A landlord cannot require the tenant to agree to an eviction.
If the landlord fails to comply with an eviction order, the tenant has the right to file a lawsuit against the landlord for damages. The court will decide whether the tenant has a claim against the landlord. The judge must find that the tenant followed the law regarding rent withholding. The judge may fine the landlord up to $250,000.
Landlords must also comply with a 60-day notice before they can evict a tenant for renovations. If the tenant is willing to move out, the landlord may be able to use a two-month notice, but if the tenant refuses, the landlord will need to serve a 60-day notice to vacate the property.
The Residential Tenancy Act also covers the eviction of tenants for unpaid utilities. Landlords are obligated to get all permits required before they can start renovations on their property.
Permits required
Whether you’re evicting tenants for renovations or repairs, there are some permits you need. The Residential Tenancy Act sets out the requirements for evictions, and you need to follow them.
If you are evicting tenants for renovations, you will have to apply for an Order of Possession. The Order of Possession is a legal document that allows a bailiff to change the locks, or remove the tenant. You also need to make sure you provide the tenant with enough notice. You will need to give the tenant at least four months’ notice. You will also need to provide the tenant with an information package explaining your proposed work.
The Residential Tenancy Act also sets out the rules on how to end a tenancy. If the tenant is paying rent on time, repairs are completed, and utilities are turned on, you will not need to provide the tenant with a tenancy termination notice. However, if the tenant does not pay the rent on time, or does not repair the damages, the landlord can evict the tenant.
The Residential Tenancy Act also states that you cannot request a security deposit of more than one-half of a month’s rent. You will also be unable to increase the security deposit if the rent increases. If you are renovating, you will also be unable to charge more than one-half of a month’s rental for the repairs.
The Residential Tenancy Act also states you cannot request more than one-half of a month’s deposit for pet damages. You also cannot charge more than one-half of a monthly rental for repairing damages caused by guests.
If the tenant refuses to accept your offer, you can apply to the RTA for a dispute resolution hearing. Once you’ve gotten your application in, you will have five days to file your dispute with the RTA. If you file your dispute within the five-day period, you will be allowed to continue to occupy your rental property.
If you are evicting a tenant for renovations, you may be able to keep the difference in rent. However, you must be able to prove that your only way to achieve a vacancy is by evicting the tenant.
Right of first refusal to return to unit after renovations or repairs have been completed
Unlikely, I have never actually rented a home, but I have lived in apartments for the better part of a decade. Having said that, I can attest to the fact that landlords are notoriously finicky creatures. In particular, the best ones will ask you to show them your keychain. The only problem is that they are also the dcipiest. I think I’ve seen more than one landlord aspire to be the next Donald Trump. Of course, that’s all the more reason to be on your guard! So how do you know which landlord to pick? Fortunately, there are plenty of savvy real estate professionals out there to help you out. The secret is knowing who to call. If you are one of the good guys, you can get a leg up on the competition. Using a property management company is also a great way to ensure that you are not on the hook for a hefty rent bill. One of the biggest problems landlords face is that most tenants don’t even realize they are being ripped off, so do your homework before you sign a lease.
Helping tenants find a new place to live
Whether you are a landlord or a tenant, it is important to know how to evict tenants for renovations in BC. You can legally evict your tenant in the province if they fail to pay rent or have a serious dispute with you. In addition to that, you can evict your tenant for not paying utility bills on time. Depending on the situation, you may owe your tenant twelve months’ rent as compensation.
In order to legally evict a tenant, you must give them four months’ notice. In addition, you must do an inspection of the property with them. If you believe there are damages to the property, you must fix them. Also, if there are pets in the property, you must repair the damages.
When evicting tenants for renovations in BC, you must apply for an Order of Possession from the Residential Tenancy Branch. You may also rent your unit to a new tenant at a higher price. If you are unsuccessful in this effort, you can ask an arbitrator to decide whether eviction is the only way to get your work done.
Evictions can be a lengthy process, and you may spend time and money doing it. In addition, it may leave you with negative credit. To avoid this, try to work with your tenant as much as possible. You may offer to help them find a new place to live, and they may be willing to help you in return. Also, try to communicate issues with your tenant and work together to resolve them.
Among many other things, David A. Grantham is a contributing author to UmassExtension West Vancouver Blo. He is a renowned expert on real estate in BC.
Born in North Vancouver, Louisiana, Dr. Grantham grew up in Lower Lonsdale. He then went on to complete his business degree at the University British Columbia. As of this writing, Grantham has completed over 100 projects, including the development of a high rise building in Vancouver.
He is a husband, father, son, brother, and friend. He was a dedicated outdoorsman and enjoyed sports such as hunting, fishing, scuba diving, and snow skiing. His wife, Alison Grantham, and their two daughters survived him. He is survived by his wife Alison Martin Grantham and two daughters.