In BC, a landlord can end a tenant’s tenancy on two months’ notice for the purpose of completing renovations.
However, not all repairs or renovations qualify for this type of eviction.
The Residential Tenancy Act External website, opens in new tab sets out requirements for the minimum notice a landlord must give to evict tenants for demolition, renovation or repair, and conversion of rental units.
In BC, landlords must serve tenants with written notice if they wish to terminate the tenancy for demolition, renovation, repair, or conversion. The tenant must then have a limited time to dispute the notice with the Residential Tenancy Branch (RTB).
If the landlord is required to do repairs or renovations that could not be done while the tenant remained in possession, they need to provide the tenant with a minimum of 120 days’ notice before starting work. This notice must be on Form N13 from the Landlord and Tenant Board (LTB).
The landlord needs to demonstrate that they are completing the repairs or renovations for a valid reason, which is not related to a violation of the tenancy agreement. The landlord also has to prove that they were diligent in obtaining the necessary permits and that they intended to complete the renovations in a reasonable amount of time.
Depending on the type of work, the landlord may be entitled to compensation for their losses. This could include lost rental income and other losses.
Evictions arising from repairs and renovations should be handled very carefully. This is because they can lead to extensive legal and court fees, which cost a landlord about $3,750 in BC alone.
One of the most common types of evictions in BC is when a landlord requires a tenant to move out for renovations. These evictions typically take 50 days or more, meaning the landlord loses about $3,750 in rent during that time period.
This is a very expensive process for the landlord to go through, and it is often done for reasons outside of the tenant’s control. A smart landlord will use various landlord insurance options to protect their investment from damages during this time.
In some cases, tenants can re-occupy their suite after the completion of the renovations. This is a rare but important situation because it means they don’t have to pay the full rent while they are out of their rental suite.
For more information, see the Tenancy Guideline on Repairs and Renovations. The guideline discusses the complexities of this situation and how to navigate it. It also provides a link to a website that explains these issues in greater detail.
If you think that your landlord has used unfair tactics in issuing an eviction notice, you can dispute the matter. It’s important to do so as quickly as possible, so that you can avoid a lengthy, drawn-out court process.
If your tenancy agreement includes an arbitration clause, you can apply to the Residential Tenancy Branch for a dispute resolution hearing. This is essentially BC’s tenant-landlord “court” and is a great way to resolve disputes without going to Small Claims Court or the BC Supreme Court.
The RTB will assign an arbitrator to your case, who will review your dispute and make a decision on the matter. The decision is legally-binding and can affect your life as a tenant.
In some cases, a monetary order can be issued as part of the dispute process. This order can require your landlord to pay you money if they’ve broken the law. You should submit a form called the “Monetary Order Worksheet” to the Residential Tenancy Branch when you apply for a monetary order.
You may be able to apply for a fee waiver if your income is low. If you do, you’ll need to provide proof of your income, such as recent paystubs or bank statements.
During the dispute resolution hearing, you will be given a chance to present evidence and explain your side of the story. You can also ask the arbitrator to recommend a settlement. If you choose to do so, be sure to negotiate with your landlord carefully and thoroughly, but be cautious about agreeing to a deal that is too good to be true.
Under new legislation, a landlord can only evict a tenant for major renovations or repairs that require the unit to be empty for an extended period of time. Landlords who carry out this type of eviction will need to obtain an eviction approval from the Residential Tenancy Branch.
This is a significant change for tenants. Previously, landlords could simply serve a notice and then evict the tenant for renovations. However, this is not allowed in the future.
For these reasons, landlords should take the necessary steps to make their eviction as fair as possible. In addition, landlords should consider negotiating with their tenants early on, such as offering them more time to move out or compensation for the inconvenience of the eviction.
Evicting Tenants For Renovations
In BC, landlords can evict tenants for major renovations if it is required to empty a unit for an extended period of time. However, a landlord is not required to serve an eviction notice on the tenant. Instead, they must apply to the Residential Tenancy Branch (RTB) for a dispute resolution hearing. If the RTB agrees to evict, the tenant is given a time frame in which to move out and leave the property in good condition.
The eviction process is generally straightforward in Canada and is clearly defined by each province. As long as the eviction notice is served properly and the tenant is given enough time to pay, the eviction process is usually over.
If the tenant does not pay, the landlord can hire a bailiff to enforce the eviction. Bailiffs can sell the tenant’s personal property to cover their fees. This is a serious consequence and can affect the tenant’s life in many ways, including their employment.
Depending on your circumstances, you may want to agree a ‘virtual’ or ‘non-entry’ controlled goods agreement (CGA). A CGA is when the bailiff does not visit you and takes control of your possessions, but lets you pay towards your debt by writing off some of your belongings.
This can be a good option if you have a lot of expensive items, for example a TV or games console. You may be able to get them back in full, or you could pay less each month and pay it off over a longer period of time.
Once the bailiff has taken control of the goods, they will often offer you a payment plan to help you pay off your debt. You can choose to make the payments monthly, weekly or even daily. The amount that the bailiff asks you to pay will depend on your financial situation and how much the goods are worth.
Bailiffs are a common way to enforce court orders and other legal judgments. They are also responsible for seizing and selling assets and personal property to pay off debts.
If you’re a landlord who needs to evict a tenant for renovations, you have to know the legal process. There are different ways to go about it, including applying for a dispute resolution hearing or serving an eviction notice. In addition, you can get help from a lawyer to protect your rights and property during this process.
First, you’ll need to provide your tenant with a statutory eviction notice. You can either send it in the mail or give it to them in person, but you must include an effective date on it. This is to ensure that the tenant has time to respond before you can apply for an eviction order.
Next, you must tell your tenant the reason for the eviction. This can be anything from a breach of a material term to non-payment of rent. If the eviction is for non-payment, you can ask the court to hold the tenant responsible for the entire amount owed.
You may also want to evict your tenant for failing to pay for utilities or services that are needed by the property. For example, if your tenant refuses to turn on the gas or electricity, you can give them a 30 day eviction notice demanding payment.
Alternatively, you can ask the court for permission to withhold rent and use it to fund any repairs or renovations that you’re required to do. However, you should remember that rent can only be withheld when the landlord’s failure to live up to a major obligation caused the tenant serious problems.
In residential properties with five or more rental units, you may be able to offer your evicted tenants the right of first refusal to move back into their unit once the renovations are completed. You must let them know this in writing at least 45 days before you finish the work and give them a new tenancy agreement for the renovated unit.
For more information, you can contact the B.C. Government’s Rental Housing Task Force. It is an advocacy group that works to improve living conditions in SROs and prevent evictions due to renovations.
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.