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Landlords in British Columbia

 

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When a Landlord faces repairs or renovations in a rental property, the decision to evict an existing Tenant to conduct the repairs or renovations can be difficult.

 

Renovating A Tenanted Property

In May 2018, the BC Government made changes to protect Tenants from being renovicted, a term coined by the media because of it's obvious unpopularity with Tenants.

A Landlord must now serve a Tenant with a Four Month Notice to End Tenancy (PDF, 2.2MB) when the Landlord plans to do major construction or major renovations or repairs that requires the unit to be empty.  Previously, landlords could evict a tenant for those reasons by giving two months’ notice.


The
Landlord must choose at least ONE of the reasons he/she is ending the tenancy: 

  • to demolish the rental unit.

  • to perform renovations or repairs that are so extensive that the rental unit must be vacant.

  • to convert the residential property to strata lots under the Strata Property Act

  • to convert the residential property into a not for profit housing cooperative under the Cooperative Association Act.

  • to convert the rental unit for use by a caretaker, manager or superintendent of the residential property

  • to convert the rental unit to a non-residential use.

The Landlord has to act in good faith to renovate or repair in a manner that requires the suite to be vacant.  The Landlord is also obligated to compensate the renovicted Tenant the equivalent of one month’s rent on or before the move out date.

Please note that your Tenant can still dispute this notice if they feel you are unfairly evicting them or if they believe you have an ulterior motive.

Also note that the tenancy branch website states that when possible, renovations should be done without evicting the Tenant. For example, if the renovations require the unit to be vacant for a short period, the Tenant could be relocated and later returned to the unit. 

And as a Landlord, you can file an Application for Dispute Resolution for an Order of Possession if you believe the tenant does not intend to move out and the tenant's deadline of 30 days to dispute the Notice has expired.

For more information, visit https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/landlord-notice/four-month-notice

 

 

MORE READING

SMART LANDLORD TIP

Landlords who issue a four-month notice to end tenancy for the purpose of renovating should expect to get questioned by their Tenants regarding the nature and scope of the renovations.  Therefore; enclosed with the notice to end tenancy, a Landlord should include information for the Tenant detailing the anticipated work and the reasons behind the proposed repairs or renovations.

By keeping the door open for information requests, Landlords can often ward off to future disputes.

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