In a recent legislative update, British Columbia has shortened the no-fault eviction notice period available to landlords from four months to three months when they, or their close family members, wish to move into the property.
Individuals who move into a unit following a personal-use eviction are required to occupy the premises for at least 12 months. Failure to meet this requirement, or engaging in bad-faith eviction practices, may result in penalties for landlords.
Landlords must use the online system to generate Notices to End Tenancy for personal occupancy. This requirement ensures that necessary details about the intended occupant are provided upfront and facilitates compliance reviews through systematic audits.
Restrictions
Specific rules restrict the use of no-fault evictions in larger, purpose-built rental buildings, including those with five or more units that are not strata-titled or where a single owner holds a significant number of the rental units. These restrictions are in place to protect tenants in multifamily housing arrangements.
Background
Following a July 2024 measure that extended the notice period from two months to four months, which was aimed at affording tenants greater time to secure alternative housing, BC has now rebalanced its approach by reducing the notice period again – this time to three months. The goal was to provide property owners with greater flexibility while addressing concerns that the lengthier notice period was discouraging some from renting out properties.
The change reflects a policy recalibration intended to cater to both tenant needs and landlord considerations; it also aligns more with the three-month notice required in the case of homebuyers where there are existing tenants.
Broader Legislative Context and Related Amendments
In August 2024, amendments to British Columbia’s Residential Tenancy Regulation were made, affecting evictions related to homebuyers. Landlords acting on behalf of purchasers who intend to occupy a unit now must also provide a minimum of three months’ notice when ending an existing tenancy.
This adjustment addresses concerns that a four-month notice period was causing difficulties for first-time homebuyers, particularly those requiring insured mortgages that demand vacant possession at closing.
For notices served under the homebuyer context, the window for tenants to dispute the eviction has been reduced from 30 days to 21 days. These changes aim to streamline the process while accommodating the needs of buyers and ensuring a smoother transition.