If you are a landlord in British Columbia, you may be wondering if evicting your tenants for renovations is legal. The good news is that in BC, evictions are governed by Rent control laws. However, there are certain restrictions that apply to evictions in BC, including discretionary eviction powers. Read on for tips on evicting tenants for renovations.
It is no secret that evicting a tenant is not always easy, but the government has just passed legislation to make it a lot easier for landlords to get rid of their tenants for renovations. The new legislation requires landlords to provide four months’ notice before evicting a tenant. But what does this mean for the tenants? Will landlords suddenly start to evict tenants without giving them enough notice?
Many renters don’t even know their rights when it comes to evictions. Even though the new laws have been passed, landlords can still trick renters with pressure tactics like buyout offers and various forms of harassment. These tactics disproportionately affect low income, elderly and racialized renters. And the Province and City should make the new laws available in multiple languages so that tenants can learn more about them.
The changes also address the number one recommendation of the Residential Housing Task Force, which stated that landlords should have to apply for pre-approval of their eviction before evicting a tenant. The landlord must have all necessary permits and approvals and prove that the renovations will require ending the tenancy. This would help protect tenants from evictions when the renovations are expensive. The changes in the residential tenancy laws are intended to make them more secure.
Before issuing an eviction notice, landlords must apply to the Residential Tenancy Branch. They must show that the renovations are substantial and require the vacant unit to be vacated. Similarly, the new legislation is meant to curb illegal renovictions, but it is difficult to keep track of all evictions. And the new laws won’t protect the low-income rental stock, which is in aging buildings. So, landlords can charge whatever they want to, no matter how much it costs to renovate.
Although the new renoviction laws in British Columbia are a significant step in the right direction, renters still do not fully understand their rights. Landlords can still use pressure tactics, buyout offers, and other forms of harassment to evict tenants. Landlords disproportionately evict low-income, elderly, and racialized renters. It is time the Province and City put more effort into making these laws more accessible to tenants.
To avoid evictions, landlords must apply to the Residential Tenancy Board for a permit. However, they cannot evict tenants simply because they want to renovate the unit. In addition, landlords cannot evict tenants for cosmetic changes. However, landlords must offer to let tenants stay in the unit while the renovations are ongoing. However, tenants must dispute the eviction notice for renovations before it can be finalized.
The government also wants to extend the rent freeze and improve the dispute resolution process for tenants. They also hope to stop illegal “renovictions” and improve the dispute resolution process. For now, tenants should disregard notices of an increase in rent. In the future, rent increases will be capped at inflation-based rates. It is not known if these changes will affect the housing market in British Columbia, so landlords need to carefully plan their renovations.
New eviction laws also make it more difficult for landlords to evict tenants for renovations. Traditionally, landlords have been able to evict tenants for no reason unless they were causing the problem themselves. In some cases, the landlord’s reason for eviction was unprotected and retaliatory. With this new law, landlords cannot evict tenants for no reason.
Discretionary eviction powers
Bill 7 limits landlords’ discretionary eviction powers for tenants for renovation. This law gives tenants a right to contest renovictions and prevents landlords from evicting tenants for cosmetic changes. However, tenants can still use the law to fight renovictions. Discretionary eviction powers for tenants for renovations in BC are still not unlimited, and there are some steps tenants can take.
First, landlords must be aware of the new law. There have been complaints about landlords using pressure tactics, buyout offers and harassment against tenants. As a result, landlords have disproportionately displaced elderly, low-income and racialized renters. The province and City must work to make the information readily available to tenants in multiple languages and in various languages.
If a tenant is living in a suite or apartment, the landlord must apply for an Order of Possession from the Residential Tenancy Branch by July 1, 2021. If the renovation is deemed necessary, the arbitrator will decide whether eviction is the only way to finish the renovation. However, if the tenant cannot move out due to the renovation, then the landlord must use a “no-fault” eviction.
If the tenant is given notice of extensive renovations, he or she can move back into the unit after the renovations are complete. The rent that the tenant was paying before the renovation is required must be the same as what he or she was paying before. In addition, the landlord cannot refuse a tenant’s request to return a unit if he has provided a written notice stating that the renovations will take some time.
Legality of evictions
A recent decision by the B.C. Court of Appeal upheld a bylaw that required landlords to provide renovation permits to tenants prior to evicting them. The bylaw was passed two years ago as part of an attempt to combat the shortage of affordable housing. It rejects the arguments of a private company who wants to renovate a 21-unit building at once. While landlords may not be able to legally evict tenants, landlords must provide proof that the renovations are significant and necessary.
In addition, it is illegal to evict tenants simply because you disagree with the renovations. However, tenants have a legal right to withhold their rent in escrow if the renovations would make the rental property uninhabitable. Moreover, tenants can also withhold rent if there are safety or health issues that make the rental property uninhabitable. In some cases, landlords have no choice but to evict tenants if they are unable to pay rent.
If a tenant fails to pay rent or if they do not make the payment on time, a landlord can evict them within ten days of the notice. Depending on the circumstances, the tenant has a 10-day window to dispute the eviction and appeal the ruling to the Residential Tenancy Branch. If the eviction is successful, landlords may hire bailiffs to enforce the eviction. The bailiffs may sell the tenant’s belongings to make up for the rent.
When landlords need to renovate a rental unit, they may apply to end the tenant’s lease for significant reasons. Before renovating, landlords must apply for RTB approval. However, once renovations are finished, the tenant has the right of first refusal and may be able to re-occupy the rental unit. However, if landlords do not provide this option to evict a tenant, they may be fined up to 12 months of rent in compensation.
Impact on tenants
An eviction for renovations in BC is not illegal and is completely legal, but it can lead to serious consequences. Typically, a landlord must provide at least four months’ notice before evicting a tenant. During this time, the tenant is required to conduct a condition inspection with the landlord and to pay rent and utilities on time. If the landlord cannot complete the renovations within the timeframe, the landlord will have to apply for an Order of Possession from the Residential Tenancy Branch to begin work.
The new laws are important, but tenants are not always aware of them. Many landlords use pressure tactics, such as buyout offers, to displace tenants for renovations. Many tenants are also low-income, elderly, and racialized. The new laws should make it easier to find out what your rights are and how to fight them. But in the meantime, tenants must continue to battle landlords, especially if they are threatening to evict them.
The new legislation also limits landlords’ ability to evict tenants for renovations. While landlords still have the right to evict tenants for renovations, they are prohibited from evicting tenants for cosmetic changes. In order to prevent such practices, tenants should fight the evictions and seek a hearing before the RTA. They should also fight for their rights by claiming that it will affect the quality of their lives.
Although the law does not allow tenants to break their lease early, they do have the right to do so for reasons related to their health and safety. For example, if a tenant is displaced because of domestic violence, or needs long-term care, he or she can be forced to leave early and pay the remainder of the rent. The landlord can then sublet the unit to someone else for a higher rent.
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.