Landlords can terminate a tenancy agreement by issuing a tenant a One-Month Notice to End Tenancy, commonly referred to as an Eviction Notice, under section 47 of the Residential Tenancy Act.
A landlord can issue the Eviction Notice for the following reasons:
- The tenant doesn’t pay the security deposit within 30 days as required under the tenancy agreement;
- The tenant is repeatedly late paying rent;
- There is an unreasonable number of occupants in the rental unit (the "Unit");
- The tenant significantly interferes with another occupant or the landlord;
- The tenant jeopardizes the health or safety of other tenants or the landlord;
- The tenant puts the landlord's property at significant risk;
- The tenant or another person engages in illegal activities;
- The tenant causes extraordinary damage to the Unit;
- The tenant doesn’t repair damage to the Unit;
- The tenant fails to comply with a material term of the tenancy agreement or sublets the Unit without permission;
- The tenant gives the landlord false information about the Unit to a prospective tenant or purchaser;
- The tenant hasn’t complied with an order from the Director of the Residential Tenancy Branch within 30 days.
When you serve the Eviction Notice, it must be given at least one day before rent is payable under the tenancy agreement. The Eviction Notice must also be given no more than one month before it becomes effective.
For example:
- Rent payable on September 1, 2022.
- Eviction Notice given on August 15, 2022.
In this example, the Eviction Notice must be given before September 1, 2022, and after August 1, 2022.
To be effective, the Eviction Notice:
- Must be in writing;
- Be signed and dated by the landlord;
- Provide the address of the Unit;
- State the effective date of the notice;
- State the grounds for ending the tenancy;
- And be in the approved form (see the BC Government website).
If a tenant receives the Eviction Notice but does not dispute it within 10 days, the tenant automatically accepts the end of the tenancy as per the Eviction Notice. As a result, the tenant must vacate the Unit by the effective date.
If you are facing a property issue, our property law specialists at Icon Law Group are here to help.
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