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One Month Notice to End Tenancy

Prepared by Harry Saini, Associate Counsel

· Property

Landlords can end a tenancy agreement by issuing a Tenant a One-Month Notice to End Tenancy (the "Eviction Notice"): 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 its required under the tenancy agreement;
  • the Tenant is repeatedly late paying rent;
  • there are 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;
  • and 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 the effective day before rent is payable under the tenancy agreement. The Eviction Notice must also be given no more than one month before it is effective (see below example).

For example:

- Rent payable on September 1, 2022.

- Eviction Notice given August 15, 2022.

In this example, the Eviction Notice must be given before September 1, 2022. The Eviction Notice must also be given after August 1, 2022.

 

In order to be effective, the Eviction Notice:

  • must be writing;
  • be signed and dated by the Landlord;
  • give 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 BC Government website).

If a Tenant receives the Eviction Notice but does not dispute it within 10 days, the Tenant automatically accepts the end the tenancy per the Eviction Notice. As a result, the Tenant must also vacate the Unit by that effective date.

 


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