End of Tenancy (Termination and Eviction) (19:IX)

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, 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 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.

d) End of Employment as a Caretaker

Where the ground for eviction is end of employment as a caretaker or manager of the premises (RTA, s 48), the tenant must file for dispute resolution to dispute the Notice to End Tenancy within 10 days of receiving it (s 48(5)). The notice period must be at least one month after the date the tenant receives notice, not earlier than the last day the tenant is employed by the landlord, and the day before the day in the month, or in the period on which the tenancy is based, that rent, if any, is payable under the tenancy agreement.

e) Early End to Tenancy

Under the RTA, s 50, if the landlord gives a tenant a notice to end a periodic tenancy under s 49, a tenant may end a tenancy early by giving 10 day notice for a date earlier than that specified by the landlord at any time during the period of notice and pay rent up to the end of that 10 days. This does not apply to tenants in a fixed-term tenancy.

A tenant may end a tenancy early if they believe the landlord has not complied with a material term of the tenancy agreement, regardless of whether they have a fixed-term tenancy agreement or a month-to-month tenancy agreement. The tenant must first write the landlord describing the problem, stating they believe it is a breach of a material term of the tenancy agreement, asking the landlord to fix the problem and stating that if the problem is not fixed by a reasonable deadline [stated in the letter] they will end the tenancy early. The tenant must give the landlord a chance to fix the problem. If the landlord does not fix the problem by the deadline, the tenant may end the tenancy by writing the landlord a second letter stating they are ending the tenancy. The tenant may not end the tenancy until the landlord has received the second letter.

A landlord may end a tenancy early by applying to the Residential Tenancy Branch for dispute resolution, seeking an order ending the tenancy early and an Order of Possession. The usual rules about service and notice to the tenant apply. The landlord must prove the tenant has:

• significantly interfered with or unreasonably disturbed another occupant or the landlord;
• seriously jeopardized the safety, rights or interests of the landlord or another occupant;
• engaged in illegal activity that has caused or could cause damage to the property, disturb or threaten the security, safety or physical well-being of another occupant, or jeopardize a lawful right or interest of another occupant or the landlord; or
• caused major damage to the property or put the landlord’s property at significant risk.

At the dispute resolution hearing, the landlord must provide convincing evidence that justifies not giving full notice and demonstrate it would be unreasonable or unfair to wait for a notice to take effect.