A tenant who does not contest the termination within fifteen days of its receipt must move no later than 13 .m.m. on the effective date of the termination. If a tenant does not arrive on the effective date of the notice, the landlord must follow a certain process to take possession of it. Since the legal notice has been served, tenants who do not agree with a two-month notice period to end the tenancy must request a dispute resolution – writing a letter or talking to the landlord is not enough. Within 15 days of receiving the notice, submit a tenant`s dispute resolution request along with a copy of the notice of termination to the Residential Tenancies Branch. Choose from these groups of forms on the form page: According to RTA, § 44 (1) (c), landlords and tenants can agree in writing to terminate a tenancy. Your landlord must respect what is stated in your eviction notice. If your rental unit is not used for the purposes set out in the notice for at least six months, starting with a reasonable period of time after the termination takes effect, your landlord may owe you 12 months of your previous rent as compensation. For example, a landlord may claim to move in, but instead rent the unit to a new tenant at a much higher rent. If you have proof that your landlord did not comply with the purpose stated on your eviction notice, you can request a dispute resolution to claim your 12-month rent as compensation. For more information, please refer to section 51 of the LRA. If a tenant challenges a termination within the 15-day period, the termination will be suspended until an arbitrator makes a decision.
A tenant must move within two months of receiving the notice if they do not deny it. The LRTA determines when a landlord can issue a notice of termination to terminate the tenancy and how long the notice period lasts. It also sets deadlines that apply to the Residential Tenancies Branch for dispute resolution. Certain time limits may be extended in exceptional circumstances. See Guideline 36 of the Residential Tenancies Policy: Extending a Period, which provides information on the importance of exceptional circumstances. If the reason for the eviction is the end of the employment relationship (RTA, § 48), the tenant must contest the notice of termination of the tenancy within 10 days of receipt (§ 48 paragraph 5). The notice period must be paid at least one month after the date on which the tenant receives the notice, at the earliest on the last day the tenant is employed by the landlord, and the day before the day of the month or period on which the tenancy is based, such rent, if any, according to the rental agreement. Eviction notices for the owner`s use of real estate have nothing to do with bad behavior.
For this reason, if you receive two or four months` notice of eviction, you are entitled to one month`s rent as compensation to cover the financial burden of the move. Your landlord must either pay you this money or give you free rent for the last month. If you want to move into another rental unit before the end of the two- or four-month notice period, section 50 of the LRA states that you can notify your landlord in writing for 10 days and move earlier. See TRAC`s sample letter, 10-day notice to move earlier. If you`re moving short-term, you only have to pay for the days you actually live in the rental unit. For example, if you paid the rent in full for the first month of a two-month notice period, but then cancelled it in writing for 10 days and moved before the end of that first month, your landlord will have to reimburse you for the days you didn`t live there. In addition, you are still entitled to one month`s rent as compensation for the second month of the two-month notice period. This means that the owner has honest intentions and no ulterior motives. The landlord must honestly intend to use the rental space for the purposes indicated on the termination to end the tenancy.
A landlord can end a tenancy prematurely by asking the Residential Tenancies Branch to resolve disputes, an early termination order and a possession order. The usual rules regarding the service and notification of the tenant apply. The landlord must prove that the tenant: The minimum termination of an owner in case of cause is one month, with effect from the last day of the next rental period (RTA, § 47 abs. 2). In practice, the full month requirement means that the notice of termination must be received the day before the lease begins, so the termination takes effect on May 31 to end the tenancy on June 30, but the termination on June 1 would not be effective to end the lease until July 31. A tenant may contest a notice under this section by requesting a dispute resolution within 10 days of the date on which the tenant receives the notice. The minimum notice period of one month does not apply if the tenant engages in illegal activities. An employer may also terminate an employee`s tenancy in respect of rental unit rented by the employer or made available to the employee to occupy during the period of employment by terminating the tenancy when the employment relationship ends. If you want to be offered a new lease for your renovated unit, inform your landlord in writing of your intention to exercise your right of first refusal. This requires your landlord to notify you of the date your renovated unit will be available at least 45 days before the renovations or repairs are complete and provide you with a new lease for that effective date.
While this seems like a great opportunity, the problem is that your landlord can set your new rent at the amount you want. If they don`t, they must compensate the tenant for 12 months` rent, which must be paid under the lease. If a former tenant is seeking compensation, a landlord should be willing to prove that the rental unit was used for the reasons set out in the notice or why they were unable to use the rental unit for the reasons set out in the notice. An arbitrator may exempt a landlord from paying this compensation if there are extenuating circumstances. Under section 59 of the LRA, a tenant may contest a landlord`s notice terminating a residential tenancy by filing a dispute resolution application with RTB to cancel the termination within the following time limits: A social housing association acting as landlord may give two months` notice to terminate the lease if the tenant is no longer eligible for subsidized rental housing. The lease must clearly indicate that the tenancy ends when the tenant is no longer entitled to the subsidy. A tenant would have 30 days after receiving the notice to file a dispute. Most fixed-term rentals are converted to monthly rentals at the end of the term.
However, if you plan to move at the end of the term instead of continuing your tenancy, you must cancel in writing for one month no later than the day before your rent expires – just like for monthly agreements. There can be many things to consider when moving a rental unit. Make sure you don`t overlook any of your legal rights and obligations when it comes to properly terminating your rental. Landlords should be wary that when terminating a tenancy, they must do the following: To properly notify, landlords must use one of the forms issued by RTB to terminate a tenancy. Otherwise, there may be non-notification. Tenants and landlords can agree to use the «Mutual Agreement to End Tenancy» form, but tenants must add a clause that prevents the landlord from claiming damages. When a rental property is sold, there are two ways to terminate a tenancy if the buyer intends in good faith to occupy the unit: A termination to end the tenancy can be made by the landlord if: If you have a monthly agreement, you can terminate your tenancy by terminating your tenancy no later than the day after your rent expires one month in advance. For example, if you pay your rent on the first day of the month and want to move by May 31, your notice of termination must be received by your landlord by April 30. Monthly rental: A tenant can leave earlier than the effective date by giving the landlord written notice at least 10 days in advance and paying the rent until the scheduled moving date.
If the tenant has already paid a full month`s rent, the landlord must repay the rest of the rent. In addition, the landlord must pay the remaining amount of compensation. If you do not contest your eviction, you will have until the last day of the following month to move (assuming you pay the rent on the 1st of the month). For example, if you receive a one-month eviction notice on March 5, you will need to move by April 30. Sometimes a landlord indicates the wrong moving date on an eviction notice. If this is the case, the notification is still valid, but is corrected in accordance with § 53 RTA even until the legal date of departure. To avoid any misunderstandings with your landlord, it may be a good idea to write them down and explain the law to make sure they understand that you are not illegally selling the rental unit. See TRAC`s sample letter, Notice of Unlawful Eviction. There are strict deadlines for challenging eviction notices: As of July 1, 2021, under section 49.2, landlords can file a dispute resolution application and apply for a rental termination order if: There are severe penalties in this area of the law. If your landlord doesn`t offer you a right of first refusal after you`ve properly advertised it, they could end up owing you 12 months of your previous rent as compensation.
For more information, please refer to sections 51.2 and 51.3 of the CAB. At the end of your tenancy, you and your landlord should go through your rental unit and complete a move status inspection report. This is an opportunity to fill out a checklist and document the condition of your home. By completing this report as you move in, you can determine how much damage, if any, was caused during your rental. .