Two-month notice to end tenancy
Landlords can use the Two-Month Notice to End Tenancy (PDF, 597KB) when they or their close family member will live in the unit.
Last updated: February 24, 2023
On this page
- When to use a two-month notice to end tenancy
- Landlord plans to use the property
- Moving out and compensation for ending the tenancy
- If the landlord doesn't use the property
- Tenant no longer qualifies for subsidized housing
- When to serve notice
- Disputing a notice to end tenancy
- If the tenant doesn't move out
- I need help
A landlord can serve a tenant with a Two-Month Notice to End Tenancy (PDF, 597KB) if:
- The landlord or their close family member will live in the rental unit,
- The landlord has sold the property and the buyer or their close family member will live in the rental unit.
- The tenant lives in a subsidized rental unit and no longer qualifies for subsidized housing
Definition of a close family member
A close family member is a parent or child of the landlord or the landlord's spouse. Siblings are not considered close family members.
If a family corporation owns the rental unit
A close family member includes an individual who owns, or whose close family member owns, all the voting shares in the family corporation.
New owner plans to live in the rental unit
When a new owner buys a rental unit that has existing tenants, the tenancy continues with the original tenancy agreement. If the new owner plans to live in the rental unit, the tenant must be served notice to end the tenancy.
Before the buyer takes possession: seller serves notice
The two-month notice to end tenancy can be served before the buyer takes possession of the rental unit.
Once the rental unit is sold and all conditions are off, the buyer can ask the seller to serve the notice to end tenancy before the buyer takes possession.
The tenant must still get their two months of notice. The buyer can't require the tenant to move out before the move-out date on the notice.
After the buyer takes possession: buyer serves notice
After the buyer takes possession of the property, they can serve the tenant with a two-month notice to end tenancy.
Good faith requirement
The landlord must intend to use the rental unit for the reason stated on the notice to end tenancy. Landlords must not have dishonest motives for ending the tenancy.
Tenants who have evidence that a tenancy was ended in bad faith can apply for dispute resolution.
Month-to-month tenancies
Tenants can end a tenancy early after getting a two-month notice to end tenancy. They must give the landlord 10 days of notice in writing and pay rent up to and including their move-out date.
Landlord compensates tenant one month's rent
When a landlord ends a tenancy to use the property, they must compensate the tenant the equivalent of one month's rent.
Compensation must be given on or before the move-out date on the two-month notice to end tenancy.
Paying rent during the notice period
The tenant must pay the rent for any part of the time they stay during the notice period.
No rent in the final month when the tenant stays for the full notice period
The tenant can choose not to pay rent for the final month of the tenancy. The month without paying rent is the tenant's compensation.
Example of a tenant taking the final month as compensation - notice given at the end of the month
The landlord serves the tenant a two-month notice to end tenancy on July 31. This means the tenancy will end on September 30. The tenant stays in the unit for August and September. They pay rent on August 1, but not on September 1. The tenant has taken their compensation as a free final month of rent.
Example of a tenant taking the final month as compensation - notice given at the beginning of the month
Tenant pays rent on Jan 1. On Jan 5, the landlord serves the tenant the two-month notice. The move out date on the notice is set for Apr 1, because they had already paid January rent. The tenant pays rent for Feb and does not pay rent in March - taking the final month of the tenancy as compensation.
Compensation for the final month when the tenant stays for the full notice period
If the tenant pays rent for the last month of the notice period, the landlord must compensate them.
The landlord serves the tenant a two-month notice to end tenancy on July 31. This means the tenancy will end on September 30. The tenant stays for August and September and pays rent on time for both months. The landlord gives the tenant the equivalent of one month's rent on or before September 30.
Tenant leaves during the notice period
The tenant can give 10 days’ written notice to leave the unit at any time after being served the two-month notice to end tenancy.
The landlord must:
- Compensate the tenant one month's rent, and
- Return the tenant’s rent for the partial month when the tenant was no longer living at the property
The landlord serves the tenant a two-month notice on July 31. This means the tenancy will end on September 30.
The tenant pays rent in full on August 1 and also hands the landlord 10 days' written notice that the tenant will leave the unit by August 11.
Before September 30, the landlord pays the tenant one full month's rent for September and returns 20 days' worth of rent for August.
The landlord serves the tenant a two-month notice on July 31. This means the tenancy will end on September 30. The tenant pays rent in full on August 1. On August 25, the tenant hands the landlord 10 days' written notice to leave by September 4. The tenant does not pay rent on September 1.
Before September 30, the landlord pays the tenant 26 days’ worth of rent for September. The tenant is owed the equivalent of one month's rent. The tenant got four days of compensation in the form of free rent in September, and the remaining 26 days' worth of compensation were paid in cash.
Fixed-term tenancies
Fixed-term tenancies can only be ended early in certain circumstances.
To serve a two-month notice to end tenancy, the landlord must set the move-out date on or after the date the fixed term ends.
The landlord must compensate the tenant one month's rent on or before the date the tenancy ends.
The landlord or their close family member must move into the unit within a reasonable amount of time after the tenancy ends. They must live in the unit for at least six months.
If they don't, the landlord must compensate the tenant 12 months' rent, payable at the rate in the tenancy agreement.
Applying for compensation when the landlord doesn't use the unit
If a tenant believes the landlord or a close family member isn't living in the unit, they can apply for dispute resolution.
The landlord should be prepared to show that the rental unit was used as described in the notice to end tenancy. If the landlord couldn’t use the unit for the reasons given, they should be prepared to show why.
If there were circumstances outside the landlord's control, an arbitrator may excuse the landlord from compensating the tenant.
Example of an extenuating circumstance
A landlord ends a tenancy to move their elderly parent into the rental unit. The parent passes away before they have lived there for six months.
In this case, an arbitrator may exempt the landlord from compensating the tenant.
A public housing body may serve a two-month notice to end tenancy if the:
- Tenant no longer qualifies for a subsidized unit, and
- Tenancy agreement says that the tenancy ends if the tenant no longer qualifies for the subsidy
Definition of a public housing body
The Residential Tenancy Regulation says a landlord is a public housing body if they tie the rent amount to the tenant's income and they:
- Are a government agency, or
- Have an agreement with a government agency to provide rental housing
The landlord must serve the two-month notice so the tenant receives it:
- Two months before the move-out date, and
- Before the day the rent is due
Example of a notice period
The landlord gives the tenant a two-month notice to end tenancy on March 15. Rent is due April 1. The notice period is two months long, which means the last day of the tenancy is May 31.
Serving the notice properly
Learn how to serve a notice to end tenancy.
Deadline for tenant to dispute
The tenant must apply for dispute resolution within 15 days of receiving the notice.
Tenant disputes the notice
The notice to end tenancy is on hold if the tenant applies for dispute resolution.
Visit the Landlord notice to end tenancy page to learn more about:
- Applying for dispute resolution
- Dispute resolution deadlines
- Paying rent while waiting for a decision
- Tenancy status during dispute resolution
Learn what to do if a tenant has not disputed the notice to end tenancy or moved out.
I need help
Contact the Residential Tenancy Branch if you have questions about a tenancy.
Email: HSRTO@gov.bc.ca
or call: 1-800-665-8779 Monday to Friday, 9 am to 4 pm
I can’t find my dispute access code
I want to learn more about RTB services, office locations and hours
Get information about RTB services, office locations and hours
