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All information is taken from the Residential Tenancy Branch.

 

Every tenancy agreement MUST be in writing. The document MUST include legal names of landlord and tenant, address of rental unit, date tenancy agreement is entered into, agreed terms: start date of tenancy, amount of rent, date rent is due, and services included in the rent.

 

Before listing the property the landlord must have an agreement with the tenant or give the tenants proper written notice that states the date, time and reason for entry. The tenant must receive the notice at least 24 hours, and not more than 30 days, before the time of entry.

 

Generally, a landlord, or a landlord's agent, must give written notice at least 24 hours and not more than 30 days in advance. The notice must give the reasons for entering and the time that the landlord will enter the rental unit, which must be between 8 a.m. and 9 p.m., unless the tenant agrees to another time.

Showing a unit to prospective buyers is a valid reason to enter a rental unit. The key is the time that the notice is received, not when it was sent. The date that a notice is considered received depends on when it was sent:

  • Same day, if hand delivered
  • Three days later, if faxed, taped to the tenant's door or put in the tenant's mailbox
  • Five days later, if sent by regular or registered mail.

 Ideally, a tenant and landlord agree on a schedule of viewing times to include in a single notice. Otherwise, the landlord must give the tenant notice each time before showing the rental unit. When notice has been given, the landlord can show the rental unit even if the tenant is not home. A landlord may enter common areas of the property at any time without giving the tenant notice.

The landlord must keep in mind that a tenant is entitled to reasonable privacy and freedom from unreasonable disturbance. A notice indicating showings will take place daily from 9 a.m. to 9 p.m. for a three-week period would be unreasonable. A lockbox cannot be used without the tenant’s permission.

 

*A landlord should keep a record of all communication between themselves and the tenant incase there is a dispute.

 

In the Contract of Purchase and Sale the tenancy agreement should be attached as part of the contract. If the tenants are remaining, the deposit from the tenants should be included in the Contract of Purchase and Sale, as well as all terms of the tenancy agreement.

 

If the tenants are not remaining, they can only be given notice to move out once there is an UNCONDITIONAL offer and it meets the terms of the tenancy agreement.

 

Giving notice on a periodic tenancy

For a month-to-month tenancy, or a periodic tenancy with a different period, the landlord must give the tenant a Two-Month Notice to End Tenancy. The tenant is also entitled to financial compensation equal to one-month’s rent. A tenant can end the tenancy earlier by giving the landlord at least 10-days written notice and paying the rent up to, and including, the planned move-out date.

 

If the tenant has already paid a full month’s rent, the landlord must rebate a pro-rated portion of the rent. The tenant is also still entitled to the full compensation. The property seller (or landlord) must pay the tenant compensation equal to one month’s rent on or before the last day of the tenancy. This requirement applies whether the tenant vacates before or after transfer of the property title. RTA s. 51 gives the tenant the option to withhold the last month’s rent. If the tenant has already paid the last month’s rent and chooses to give 10-days written notice and vacate the premises early, the landlord must pay the tenant a pro-rated amount and ensure the tenant receives compensation equal to one-month’s rent.

 

 If the tenants are not remaining, they can only be given notice to move out once there is an UNCONDITIONAL offer and it meets the terms of the tenancy agreement.

 

Purchaser wants to use the rental unit for another purpose

The tenant can be served a 2-Month Notice to End Tenancy after the title of the property has been transferred and all required government permits and approvals are in place when the purchaser intends to:

 

  • Demolish the rental unit or do major repairs or renovations that require the building or rental unit be empty.
  • Convert the rental unit to a strata property unit, a non-profit co-operative or society, or a not-for-profit housing co-operative under the Cooperative Association Act.
  • Convert the rental unit to non-residential use, such as a shop.
  • Convert the rental unit into a caretaker’s premises.

 

For more information visit: http://www.rto.gov.bc.ca/

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