British Columbia Property Laws | Property Vista

British Columbia

Last Updated: August 31, 2018

Landlords and tenants are bound by B.C.’s Residential Tenancy Act.

How do evictions work in British Columbia?

Eviction notices are stratified into four categories based on urgency.  Depending on the threat to other tenants and the building, the notice of termination and disputation period can be rushed.

If a tenant chooses to dispute a violation, the landlord must offer evidence of the tenant’s violation.

Should a tenant fails to dispute the notice but the tenant refuses to move, the landlord can apply for an order of possession, which is enforced through the Supreme Court, by a bailiff.

10-Day Notice (Non-Payment of Rent)

The tenant who is ten days past their rent or utilities can receive a notice of termination.  They have five days to dispute it or face an eviction notice. This is the most actionable method a landlord can use to evict a tenant, others require more time and notice.

One-Month Notice

One month notices of eviction are generally meant for serious charges; repeated late payments, a material violation, disturbing the landlord or other tenants, and noncompliance with the tenancy agreement. Additionally, if the tenant’s rental is conditional upon their continued employment, they can be evicted upon losing their job with a one-month notice.

One-Month eviction notices must be served 30 days before possible eviction but also only takes effect the day before rent is due; if rent is due every month on the 14th, then the eviction can only be enforced on the 13th.

Cessation of Qualification or Landlord’s use

The tenant who had initially qualified for subsidized housing no longer qualifies or the landlord decides to keep the unit for close family members. The tenant has fifteen days to dispute the notice.

Two-Month eviction notices must be served 30 days before possible eviction but also only takes effect the day before rent is due; if rent is due every month on the 14th, then the eviction can only be enforced on the 13th.  The landlord must be found to have acted with integrity when evicting the tenant, they cannot return the rental unit to the market immediately but must make use of it. If not, the tenant can claim twelve month’s rent as compensation.

When notifying a tenant that the unit will be designated for the landlord’s usage, the tenant is given one month’s rent as compensation.  The landlord must move in within a reasonable timeframe and live in the dwelling for at least six months.

Period of notice before eviction: two months

Construction and Renovation

If a landlord is planning on effecting conversions, demolitions, repairs, or renovations to the rental unit, residents have up to one month to challenge the ruling.

Period of notice before eviction: four months

What’s the deal with Security Deposits?

In B.C. a security deposit can be demanded at the beginning of the tenancy agreement for up to half of one month’s rent.  Additionally, an equal deposit can be demanded as a pet deposit if the tenant chooses to bring one into the building and the landlord agrees.

Contingent on the move-out inspection, the security deposit must be returned within 15 days of when the tenant moves out.

Disclaimer: Many of the terms in these fact sheets may relate to certain legal rights and obligations that tend to change from time to time. The information provided does not constitute legal advice and the manager of this database is not a law firm. These materials are intended, but cannot be promised or guaranteed to be current, complete or up-to-date. The specific interpretation of the terminology, acts and relevant regulations depend on the laws and procedures corresponding to that particular province. All of these fact sheets are to be used for informational purposes only and are not meant to be used as legal advice. If you need more information about your province or territory, including details about legal orders, notices and certain forms, contact your local rental authority or a qualified lawyer in the area.

Resources

http://tenantrights.ca/facts/british-columbia

http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies

Jack Beaton Sterling Karamar, Property Management
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