View source for End of Tenancy (Termination and Eviction) (19:IX)

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== A. Types: End of Tenancy Agreements ==

Section 44 of the RTA lists the situations where a tenancy can end. A residential tenancy agreement continues, unless the tenant or landlord gives the other party notice in writing, or the tenancy agreement states a move-out date when the tenancy is signed. 

== B. Tenant Gives Notice (RTA, s 45) ==

A tenant can end the tenancy by giving notice. (See the required form of notice below, [[Residential Tenancy Forms (19:XIX)#1. Form and Basic Requirements | Section IX.B.1: Form and Basic Requirements]]). 
*Where there is a periodic tenancy, notice will be effective in terminating the tenancy no earlier than '''one clear month''' after it is received by the landlord. Additionally, it must take effect no earlier than the day before the day of the month (or other period on which the tenancy is based) that rent is payable under the tenancy agreement. E.g. If rent is payable on the first of the month, notice to end the tenancy  given on January 1st will be effective in terminating the tenancy agreement no earlier than February 28th, and rent must be paid throughout the  notice period; notice given on May 31st would be effective to end the tenancy on June 30th. Note that the landlord must receive the tenant’s notice to end tenancy before the final month’s rent is due. When it is given is less relevant than when it is received. 
*Where there is a fixed term tenancy, notice will be effective no earlier than '''one clear month''' after it is received by the landlord. Additionally, it must be no earlier than the date specified in the tenancy agreement as the end date of the tenancy, and must be the day before the day in the month (or in the other period on which the tenancy is based) that rent is payable under the agreement. 
*If a landlord breaches a material term, the tenant must first give written warning that a term has been breached and requests that the breach  be corrected. If after a '''reasonable time''', the landlord has not corrected the breach, the tenant can end the tenancy one day after the landlord receives notice in writing.   

== C. Landlord Gives Notice ==

=== 1. Non-Payment of Rent (RTA, s 46) ===

A landlord may give notice to end a tenancy if rent is unpaid on any day after the day it is due. If the tenant pays the overdue rent within  five days after receiving a notice under s 46 the notice has no effect. The landlord can give notice to end tenancy for non-payment of rent, then after '''5 days''' have passed, go to the RTB and make a direct request for an order of possession without a hearing. 

=== 2. Cause to End Tenancy (RTA, s 47) ===

A variety of circumstances can qualify as cause to end a tenancy: 
*the conduct of the tenant or invitee significantly interferes with or disturbs other occupants of the property or the landlord; 
*the tenant or guest causes extraordinary damage; 
*the tenant’s occupancy causes damage exceeding reasonable wear and tear and he or she has not taken steps to repair the damage; 
*the tenant fails, within 30 days of entering the agreement, to give an agreed upon security deposit or pet deposit; 
*the tenant knowingly misrepresents the rental unit to a future tenant or purchaser;
*the act or omission of a tenant or guest seriously impairs the health, safety or other lawful right or interest of the landlord or other occupant in the property; 
*there are an unreasonable number of occupants in a rental unit; 
*the tenant is repeatedly late paying rent; 
*a tenant fails to comply with a material term; 
*a vacating of the rental unit is required under an order by a provincial, regional, or municipal government authority;   
*the tenant purports to assign or sublet the residential rental unit without the consent of the landlord; or
*the tenant or a person permitted on the residential property by the tenant is engaged in illegal activity that has caused damage to or  jeopardized the property (see [[{{PAGENAME}}#6. Illegal Activity | Section IX.A.6: Illegal Activity]]).

=== 3. Landlord’s Notice: End of Employment with Landlord (RTA, s 48) ===

A landlord may end the tenancy of a person employed as a caretaker, manager or superintendent of the residential property of which the rental unit is a part by giving notice to end the tenancy if the rental unit was provided to the tenant for the term of the caretaker’s (tenant’s)  employment, the tenant’s employment as a caretaker is ended, and the landlord intends in good faith to rent or provide the rental unit to a new caretaker, or manager. 

=== 4. Landlord’s Use of Property (RTA, s 49) ===

Notice to end tenancy may be given by the landlord where: 
*the landlord sells the property and the purchaser asks the landlord, in writing, to give the tenant notice because he or she intends to occupy the property (RTA, s 49(5)(c)) (i.e. the purchaser intends to move in);   
*the landlord or a member of his or her immediate family (consists only of spouse, child or parent of the landlord or spouse) intends to occupy the property (s 49(3)); or 
*the landlord has all the necessary permits and approvals required by law, and intends to demolish the property, convert it into a strata lot or  co-op, enter into a fixed-term tenancy greater than 20 years, convert it into non-residential property or a caretaker’s premises for more than  six months, or intends to renovate the rental unit in a manner that requires it to be vacant (s 49(6)).   

A landlord who gives notice to end a tenancy under s 49 must pay the tenant, on or before the effective date of the notice an amount that is equivalent to one month’s rent as compensation (s 51(1)). 

'''NOTE:''' If the landlord does not take steps within a reasonable time to use the property for the reason stated on the eviction notice, the  landlord must pay the tenant double the monthly rent payable under the tenancy agreement (s 51(2)). The landlord’s use must be for at least six  months after the effective date of the notice, to prevent landlords from simply moving a relative in for a month.

=== 5. Illegal Activity ===

A landlord can give an eviction notice to a tenant for illegal activity. The standard of proof for ending a tenancy under this heading is based on a balance of probabilities. Under RTA, s 47(1)(e), and MHPTA, s 40(1)(d), the illegal activity must be of a sufficient nature to: 
*cause or be likely to cause damage to the landlord’s property; 
*adversely affect or be likely to adversely affect the quiet enjoyment, security, or safety of another tenant of the residential property; or 
*jeopardize or be likely to jeopardize a lawful right or interest of another occupant or the landlord. 

'''NOTE:''' In these situations a landlord may also apply for an Arbitrator’s order to have the tenant evicted immediately, without a one month  notice, if the tenant’s conduct is serious enough to justify the end of tenancy earlier (RTA s 56).

See RTB Policy Guideline 32: Illegal Activities. 

== D. Landlord and Tenant Agree in Writing ==

According to s 44(1)(c), the landlord and tenant can consent in writing to end a tenancy. 

== E. Required Notice ==

=== 1. Form and Basic Requirements ===

For a notice to end a residential tenancy to be effective, it must be in writing and must be signed and dated by the landlord or tenant giving  notice, include the address of the rental unit, state the effective date of the notice. When the landlord gives notice, it must state how to  challenge the eviction (RTA, s 52). A landlord must state the grounds for ending the tenancy; tenants giving notice are not required to provide any such grounds (RTA, s 45(1) or (2)). An official form is available from the Residential Tenancy Branch. '''A landlord must use RTB approved forms''' (s 52(e)) when giving notice to end a tenancy in order for it to be effective. A mailed notice is presumed to be received in five days, while a posted notice is deemed received three days after being posted. Generally before a landlord issues a notice to end tenancy for cause, the landlord should give the tenant some written warnings in relation to the conduct at issue and a reasonable opportunity to adjust his or her conduct.                                           

A tenant’s notice to end tenancy must be in writing and must include: 
*the tenant’s signature; 
*the date the tenant signed it; 
*the address of the rental unit; and 
*the date the tenant is moving out. 

If a notice to end tenancy does not comply with the RTA, s 52 requirements, an Arbitrator may set aside a notice, amend a notice, or order that the tenancy end on a date other than the effective date shown. A notice to end tenancy can be amended if the Arbitrator is satisfied that the  person receiving the notice knew or should have known the information that was omitted from the notice, and in the circumstances it is reasonable to amend the notice (s (68)(2)). Dates are self-corrective, so a notice is not void simply because a landlord proposes to have the  tenancy end on a date sooner than the RTA allows. Tenants should never ignore a notice, even if they believe it is drafted incorrectly. 

A simple way for a landlord to give notice is to use one of the Notice to End a Residential Tenancy forms put out by the RTB. Tenants and landlords can agree to use the Mutual Agreement to End Tenancy form, but tenants should add a clause barring the landlord from claiming damages. 

=== 2. Length of Notice and Limitation Periods ===

The RTA sets out when a landlord may issue a notice to end tenancy and the length of the notice period. Time limits to apply to the Residential Tenancy Branch for dispute resolution are also set out. Certain time limits may be extended in exceptional circumstances. See Residential  Tenancy Policy Guideline 36: Extending a Time Period, which sets out information regarding the meaning of exceptional circumstances. 

==== a) Non-Payment of Rent ====

If the rent goes unpaid, a landlord can give a 10 day Notice to End  Tenancy  for Unpaid Rent or Utilities following the day the rent was due (RTA, s 46). The tenant may pay all the rent due within five days of receiving the notice to render the notice void,  or  dispute  the  notice  by  applying  for  dispute  resolution  within  five  days  of receiving the notice. If they do nothing then the landlord can go to the Residential Tenancy  Branch  and  make  a  Direct  Request  for  an  order  of possession  without  a hearing.  Tenants  should  request  a  receipt  for  the  rent  payment  if  they  are concerned that the landlord will try to evict them anyway. If a tenant fails to pay the utilities, the landlord can give written notice demanding payment, and then, 30 days after the tenant receives the demand for payment, treat any unpaid amount as unpaid rent (RTA, s 46(6)). NOTE:               A  notice  under  this  section  has  no  effect  if  the  amount  of  rent  that  is unpaid  is  an  amount  the  tenant  is  permitted  under  the RTA  to  deduct from  rent.  However,  tenants  need  to  file  for  dispute  resolution  in  this situation, and not simply ignore the notice. b)Cause The  minimum  notice  given  by  a  landlord  where  there  is  cause  is one  month, effective  on  the  last  day  of  the  ensuing  rental  period  (RTA,  s  47).  Practically speaking, the full month requirement means notice must be received the day before rent  is  due,  so  notice  given  on  May  31 is effective  to  end  the tenancy  on  June  30, but  notice  given  June  1  would  be  effective  to  end  the  tenancy  only  on  July  31.  A tenant  may dispute  a  notice  under  this  section  by  applying  for  dispute  resolution within  10  days after  the  date  the  tenant  receives  the  notice. The  minimum  notice of one month does not apply if the tenant is engaging in illegal activity.   c)Landlord’s Use of Property Section 49 of the RTA requires that a landlord give at least two month notice if he or she wishes to take back the property for personal use: see s 49(2). A tenant has 15 days to apply for dispute resolution to challenge the notice.