By: Eric Rogers
It’s no secret that BC’s rental market is hotter than ever, and unfortunately, some landlords have been taking advantage of the pressure. Under the guise of “landlord personal use,” a few bad apples have been wrongfully evicting long-term tenants just to hike up rents and boost profits.
How you might ask? Here’s how it works: they claim they or their family are moving in, but once the tenant—often paying below market rent—is out, a new tenant moves in at a much higher rate.
Sounds unfair? That’s because it is.
Thankfully, the BC Government has stepped in to address these shady practices. As of July 18, 2024, major updates to the Residential Tenancy Act (RTA) were put in place to protect tenants from fraudulent evictions while balancing the rights of landlords. Let’s dive into the key changes and what they mean for you as a landlord.
Longer Notice Periods for Evictions
Before: Landlords could give tenants two months’ notice before evicting for landlord personal use. Additionally, tenants had only 15 days to dispute the notice.
Now: The notice period has been extended to four months, giving tenants more time to prepare and respond. The period to dispute a notice has also increased to 30 days.
There’s one exception: if a landlord is selling the property and the new owner plans to move in, tenants only need to be given three months’ notice. This adjustment ensures landlords can still sell properties without overly delaying the process.
Increased Occupancy Requirements
Before: Landlords or their family members needed to live in the unit for six months after evicting a tenant.
Now: That occupancy period has doubled to 12 months. If a landlord doesn’t comply—or if the person moving in doesn’t qualify under landlord personal use rules—the eviction is considered in bad faith.
Bad faith evictions come with serious consequences. Landlords could be ordered to pay their former tenants up to 12 months’ rent as compensation.
Mandatory Use of the Landlord Use Web Portal
Before: Landlords could simply complete a Landlord Personal Use Eviction Form and hand it to their tenants to provide proper notice.
Now: Everything must go through the new Landlord Use Web Portal. This system not only generates the necessary notices but also requires landlords to submit details about who’s moving in.
Here’s the kicker: this information is shared with both the tenant and the Residential Tenancy Branch (RTB), which conducts post-eviction audits to ensure compliance. Skipping the portal? That could land landlords with hefty fines.
Why These Changes Matter
These updates aim to protect tenants while holding landlords accountable for following the rules. Whether you’re renting or owning, staying informed about your rights and responsibilities under the RTA is essential.
Got questions about how these changes affect you? Baker Newby LLP can help. Our experienced tenancy lawyers are here to guide you through your obligations and rights under the new regulations. Contact us today to book a consultation!