New eviction rules: Landlords required to use new website to create personal-use eviction notices, and more

New eviction rules: Landlords required to use new website to create personal-use eviction notices, and more

New rules around evictions require BC landlords looking to evict tenants for personal or caretaker use to use a new website to create Notices to End Tenancy starting July 18, 2024.

The Landlord Use Web Portal will require landlords to provide detailed information when issuing these notices, allowing the government to monitor eviction patterns and enforce penalties for violations.

“With this new tool, we’re taking action to better protect tenants from being evicted under false pretences and ensure that landlords who need to legitimately reclaim their units have a straightforward pathway to do so,” said Ravi Kahlon, minister of housing in a statement. “The portal will also provide government with a window to better understand when and how often these evictions occur so that we can continue to build on our work to improve services for renters and landlords.”

Issuing a Notice to End Tenancy

If a landlord is looking to evict a tenant for personal occupancy or caretaker use on or after July 18, they will first need a Basic BCeID.

Using the Basic BCeID, they’ll be able to log into the web portal to generate a Notice to End Tenancy for personal occupancy or caretaker use and include information about the person or persons moving into the home.

The generated notice will include a unique ID.

The information entered into the portal will be used by the Rental Tenancy Branch (RTB) to track these types of evictions, and in post-eviction compliance audits.

New rules and a more standardized, streamlined process

Alongside the portal’s launch on July 18, the provincial government is updating the rules around evictions for personal or caretaker use to streamline and standardize the process while making it more transparent.

Key changes include:

  • Landlords must provide four months' notice for personal-use or caretaker evictions (previously two months)

  • Tenants will have 30 days to dispute evictions (previously 15 days)

  • The person moving into the unit must live there for at least 12 months

  • Landlords evicting in bad faith may owe tenants 12 months' rent

What’s considered personal occupancy or caretaker use?

Under the Residential Tenancy Act, a landlord can evict a tenant for personal occupancy or caretaker use if the following people will be moving in:

  • The owner/landlord

  • Close family member (parent, spouse, or child)

  • Purchaser of the property or a close family member of the purchaser

  • Superintendent for the building

Questions about selling tenant-occupied properties

REALTORS® need to be aware of these new rules when representing clients who are buying or selling tenant-occupied properties if the buyer wants vacant possession (whether on the completion date or otherwise).

How does this affect homes sold on or after July 18?

Any notice to end a tenancy for the buyer’s personal use given to a tenant on or after July 18, 2024, can’t end the tenancy until after the expiration of the four-month notice period. 

How do the new requirements impact an offer on a home when rent is paid on the first of each month? 

If all contract subjects were satisfied or waived on July 22, 2024, a Four-Month Notice to tenants using the portal’s notice generator could be provided on or before July 31, 2024, and could require the tenant to vacate the home by November 31, 2024.

What if the tenant does not vacate the home?

As has always been the case with tenant-occupied properties, sellers and buyers should be advised to obtain legal advice to ensure they understand their rights and responsibilities in circumstances when a tenant does not comply with a notice to vacate and remains in the home after the date that the tenancy was supposed to end.

Ongoing transactions

We strongly advise anyone currently in the middle of a transaction involving a tenant-occupied property seek legal advice to navigate these new regulations.

Legal advice can help ensure compliance with the transition to the new rules and protect the interests of all parties involved by informing them of their rights and obligations arising under the new rules.

GVR’s response

Your association is working with the BC Real Estate Association and other boards and associations across the province to respond to the latest changes to the residential tenancy laws in BC.

We’ll provide more information in the coming weeks.

Resources and more information

Government announcement in other languages

You can also find the announcement in the following languages:

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