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Special circumstances to end a tenancy

Last updated on February 28, 2024

Tenancies usually end when a tenant gives written notice, or when a landlord presents a valid eviction notice. Learn about other ways for tenancies to end, including foreclosure, frustrated tenancy and death.

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Foreclosure

Foreclosure happens when a landlord cannot pay the mortgage on a rental unit and the bank or another lender wants to take over ownership of the unit. The contract between the landlord and the mortgage issuer takes precedence over the tenancy agreement. The landlord will need to act by the order and follow all instructions placed by the court. 

During foreclosure:

  • The tenant may be served a Petition for Foreclosure (PDF, 990KB)
  • If the tenant is unable to get information about the legal action regarding their rental home, they can do a land title search
  • The tenant is still responsible for paying rent during this time
  • The tenant is responsible for following court orders
  • If an Order for the Conduct of Sale is issued by a court, the tenant will have to move out by the Possession Date stated in the order

Unforeseen circumstances and frustrated tenancy

There are times when the tenancy may end due to unforeseen circumstances, like a flood, fire or earthquake which makes the unit uninhabitable. In these cases, the landlord or the tenant does not have to give notice to end the tenancy. See Residential Tenancy Branch (RTB) Policy Guideline: Frustration (PDF, 64KB) for more information.

The tenant does not have to pay rent after the event occurs. If rent was paid, the landlord should reimburse the tenant.

Sometimes landlords and tenants may disagree on whether an event causes a frustrated tenancy. For example, a tenant may refuse to leave when a fire damages their unit. If one party doesn’t agree that the tenancy was frustrated, they can apply for dispute resolution.

Death of tenant or landlord

Death of a tenant

If a tenant dies, the administrator or executor of their estate becomes responsible for their tenancy. This means they will start paying rent and any other debt or damages owed to the landlord.

If the tenancy is fixed, the executor will handle the tenancy until the end of the term. The rules for subletting and mutual agreement to end a tenancy do not change.

Death of a landlord

If a landlord dies, the tenant is still responsible for paying rent.

After the death of a landlord, the executor or administrator of their estate becomes the new landlord and is responsible for any rights and obligations under the original tenancy agreement. The executor or administrator may request a change to the way rental payments are made. Those requests should be made in writing.

If it is not clear who the executor or administrator of the estate is, tenants should continue to pay rent in the same way as before the landlord's death. 

If you are unsure about how to pay rent following the death of your landlord, contact the RTB for more information.

Abandonment

The rental unit is considered abandoned when a tenant:

  • Leaves without giving notice
  • Has told the landlord they don't plan to return
  • Has moved out all possessions

When a tenant abandons the unit, the landlord can apply for dispute resolution to request compensation for unpaid rent and utilities or other expenses, such as cleaning.

Breach of a material term

A tenancy agreement may end when someone goes against one of its material terms Residential Tenancy Act: Section 45.3. If a landlord or tenant breaches a material term and the other party wants to end the tenancy, they must send a written warning to the party who breached the term. The warning must:

  • State what the problem is,
  • Ask that the party fix the problem by a reasonable deadline, and
  • State that if the problem is not resolved by the deadline, they will serve a notice to end tenancy.

If the problem is not fixed by the deadline, the party who sent the written warning can serve a notice to end tenancy to the other party.

For example, if the tenant chose the rental unit because it had an elevator, the tenant could negotiate a material term in the tenancy agreement that requires a working elevator in the building. If the landlord failed to maintain a working elevator, the tenant could take steps to end the tenancy.

Family violence or long-term care

A tenant may give a one-month notice to landlords if: 

  • They need to leave the rental unit to protect themselves or their children from family violence 
  • They have been assessed as needing long-term care
  • They have been accepted into a long-term care facility 

To legally break a lease for family violence or long-term care the tenant must have the Ending Fixed-Term Tenancy Confirmation Statement Form (PDF, 563KB) - RTB Form 49 signed by an authorized healthcare professional. Examples of authorized healthcare professionals are medical practitioners, social workers, psychologists, police officers, etc.

Find help in a disaster

If you have been displaced due to a natural disaster or other emergencies, please contact Emergency Support Services.

Tenants must pay their rent while evacuated during a disaster. Landlords must ensure the rental unit is safe and livable before tenants can move back in. 

If you have tenant insurance, contact your provider right away. Tenant insurance often provides significant support.

Resources

Form

Policy guidelines

Video

Early end of a fixed-term tenancy in special circumstances

Information on what special circumstances allow the end of a fixed-term tenancy with no financial penalty.

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