Types of evictions

Last updated on March 8, 2024

Landlords may serve various types of notices to end a tenancy. Notices need to be in writing and all parties should keep copies.

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Ten day notice for unpaid rent or utilities

Landlords can legally evict tenants with a 10 Day Notice to End Tenancy (PDF, 636KB) - RTB Form 30 if rent is unpaid. If a tenant pays rent in cash, they should make sure to get a receipt. If a tenant has a verbal agreement with their landlord about their rent payment, they should make sure to get it in writing.

If your tenant is late paying by even one day, or the rent is short by any amount of money, the landlord has the right to serve them with a 10 day eviction notice for non-payment of rent.

Tenants have 5 days to dispute their eviction and apply for dispute resolution after receiving a 10 day notice.

If a tenant does not pay the rent or apply for dispute resolution, the landlord can use the Direct request process to request an Order of Possession without participating in a dispute resolution hearing. 

Utilities

Tenants cannot withhold utility payments, even if the landlord is neglecting repairs.

If a tenant fails to pay for utilities as required in the tenancy agreement, the landlord can serve a 30-day written demand to pay utilities. If utility payment is not received within 30 days, the landlord can then serve a 10-day eviction notice.


One month notice for non-compliance with the tenancy agreement or Residential Tenancy Act

Landlords can legally evict tenants with a One Month Notice to End Tenancy (PDF, 2.1MB) RTB Form 33 for not following legal responsibilities under the tenancy agreement or Residential Tenancy Act (RTA).

A landlord may end a tenancy if one or more of the following applies: 

Disturbances and safety concerns 

The tenant or a person allowed on the property by the tenant has: 

  • Interfered with or disturbed other occupants or the landlord 
  • Affected the health, safety or rights of others 
  • Put the landlord's property at risk

Failure to repair damage 

The tenant does not repair damage to the rental unit or other residential property, as required under RTA: Section 32 within a reasonable time.

Government orders 

The rental unit must be vacant to follow an order of a federal, British Columbia, regional or municipal government authority.

Illegal activities 

The tenant or a person allowed on the property by the tenant has: 

  • Engaged in illegal activities that have caused or are likely to cause damage to the landlord's property 
  • Affected or is likely to affect the quiet enjoyment, security, safety or well-being of others 

Non-compliance with director's orders 

The tenant has not complied with an order from the director within 30 days of the later of the following dates:

  • The date the tenant receives the order
  • The date specified in the order for the tenant to follow the order

Non-payment of deposits 

The tenant does not pay the security deposit or pet damage deposit within 30 days of the due date. 

Occupancy violations 

There are an unreasonable number of occupants in a rental unit RTA: Section 13.2

Property damage 

The tenant or person allowed on the property by the tenant have caused damage to the rental unit or property. 

Violation of terms 

The tenant has: 

  • Failed to follow a material term or correct the situation after written notice from the landlord
  • Tried to sublet the rental unit without first written consent as required by RTA: Section 34
  • Given false information about the residential property to a prospective tenant or purchaser 

Third-party information leading to eviction 

Landlords may decide to evict a tenant based on information from a third party. This process usually involves the landlord gathering evidence and assessing its credibility. 

If a tenant is facing an eviction based off third party information, they should: 

  • Speak to the landlord directly 
  • Request details about the specific concerns raised by the third party 
  • Discuss any available recourse or other options 

For a full list of reasons for obtaining a one month eviction notice, review the RTA: Section 47

Tenants have 10 days dispute their eviction and apply for dispute resolution after receiving a one month eviction notice.


Two month notice for landlord occupation of the rental unit

According to RTA: Sections 49 and 49.1 of the Residential Tenancy Act, a Two Month Notice to End Tenancy (PDF, 597KB) - RTB Form 32 is generally given to tenants if:

  • The landlord, or a close family member of the landlord, wants to occupy a tenant's rental unit
  • The rental unit was sold and the purchaser, or a close family member of the purchaser, wants to occupy the rental unit
  • The tenant no longer qualifies for their subsidized rental unit

The Residential Tenancy Act defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

Tenants have 15 days to dispute their eviction and apply for dispute resolution after receiving a 2 month eviction notice.


Four month eviction notice for demolition or conversion of the rental unit

According to RTA: Section 49 of the Residential Tenancy Act, a Four Month Notice to End Tenancy (PDF, 2.2MB) - RTB Form 29 is given to tenants if the landlord plans to:

  • Demolish a rental unit
  • Convert the residential property into strata lots under the Strata Property Act
  • Convert the residential property into cooperative housing under the Cooperative Association Act
  • Convert a rental unit for use by a caretaker, manager, or superintendent of the residential property
  • Convert a rental unit to a non-residential use, such as a store

When a landlord gets an order of possession for demolition or conversion, the tenant should receive an amount that is equal to one month’s rent compensation payable under the tenancy agreement.

Tenants have 30 days to dispute their eviction and apply for dispute resolution after receiving a 4 month eviction notice.


Four month eviction process for major renovations (Possession for Renovations) 

Landlords may end a tenancy for renovations or repairs if:

  • The renovations or repairs are necessary to prolong or sustain the use of the rental unit or the building in which the rental unit is located
  • The only reasonable way to achieve the vacancy needed to complete the renovations or repairs is to end the tenancy agreement

Effective July 1, 2021, if a landlord wants to end a tenancy for extensive renovations or repairs, they need to:

  1. Intend in good faith to renovate or repair the rental unit(s), and prove the only reasonable way to achieve the vacancy needed to complete the renovations or repairs is to end the tenancy agreement
  2. Obtain all necessary permits from local governments and approvals required by law
  3. Apply for a order of possession for renovations through the dispute resolution process to get an Order of Possession from the Residential Tenancy Branch

 Landlords need to apply here 

         Please note the above link will require that you have registered for a Basic BCeID.

 Click here for your BCeID  

If the landlord has completed all of the above, there will be a dispute resolution proceeding where an arbitrator will decide if the renovations are major enough to end the tenancy. Only then can the landlord present a 4-month Order of possession, and the tenant should receive a compensation amount equal to one month’s rent payable under the tenancy agreement

Right of first refusal

In residential properties containing 5 or more rental units, tenants being evicted due to renovations or repairs have a right of first refusal to return to their unit once the renovations or repairs have been completed. If a tenant is interested in moving back into their rental after the renovation is complete, they should notify the landlord with a Tenant Notice: Exercising Right of First Refusal (PDF, 688KB) - RTB Form 28. The landlord must then re-write the tenancy agreement and give the tenant a 45 Day Notice of Availability (PDF, 675KB) - RTB Form 35 before renovations are complete. 


Twelve month eviction notice for converting a manufactured home park 

Landlords may serve a 12 Month Notice to End Tenancy for Conversion of Manufactured Home Park (PDF, 2.1MB) - RTB Form 31 when converting all or part of a manufactured home park to a different purpose. Before serving the notice, the landlord must have all required permits and approvals in place to convert the park to another type of residential use or non-residential use.

Tenants have 15 days after receiving a 12 month eviction notice to dispute their eviction and apply for a dispute resolution.


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