Some B.C. tenants may be accepting unlawful eviction notices from landlords, particularly when landlords claim they'll be the ones moving in.
Rob Patterson is a lawyer with the Tenant Resource and Advisory Centre (TRAC) who says landlords often issue eviction notices claiming they want to occupy the rental unit or have a family member move in - but they don't always provide details.
"The two-month notice to end tenancy is widely abused," he tells V.I.A., noting that the landlord only has to write the relation of the person moving in (mother, son, spouse, etc) rather than identify them by name.
Landlords may use vague or duplicitous reasoning to oust tenants who pay low rent and then re-rent the unit for a higher price, he cautions.
In a January rental dispute, the Residential Tenancy Branch (RTB) sided with a renter who was issued an eviction notice from a landlord claiming they were moving into the unit. However, evidence gathered after they left showed the landlord likely didn't occupy the unit and put it back on the market after renovating. The former tenant was awarded a whopping $25,000 for illegal rent increases and the suspicious notice to end the tenancy.
But Patterson says many tenants don't question landlords who issue these two-month notices to end the tenancy or any other type of eviction.
What types of eviction notices are there?
10-day Eviction Notice for Non-Payment
A 10-day Eviction Notice for Non-Payment of Rent may be served to any tenant who fails to pay their rent by the specified date in the rental agreement. Even if they are late by a day, the landlord has the right to serve them with this notice.
One-month Notice to End the Tenancy
A one-month notice to end the tenancy may be issued to tenants who fail to uphold their responsibilities under the Residential Tenancy ACT (RTA).
TRAC provides the following common reasons for receiving one of these notices:
- unreasonably disturbing the landlord or other occupants;
- repeatedly paying rent late (the general rule is at least three times within a 12-month period);
- seriously damaging the rental unit or building;
- not repairing or paying for damage;
- endangering the landlord or other occupants;
- having too many occupants living in the rental unit;
- engaging in illegal activity that negatively affects the property, landlord, or other occupants;
- breaching a material term of the tenancy agreement and ignoring a written warning from the landlord;
- not following a Residential Tenancy Branch (RTB) order; and
- living in a rental unit that the municipal government has ordered to be shut down.
Two-month Notice to End the Tenancy
A landlord may issue a two-month notice to end the tenancy when they plan to move a "close" family member into the unit or they plan to occupy it. The RTA defines a close family member as the landlord’s spouse, their parents, or children.
Four-month Notice
Renters may receive a four-month notice to end the tenancy when the landlord plans to demolish the building or convert it into a non-residential space.
TRAC provides the following ways a landlord may issue a legal four-month notice:
- demolish a rental unit;
- convert the residential property to strata lots under the Strata Property Act;
- convert the residential property into cooperative housing under the Cooperative Association Act;
- convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or
- convert a rental unit to a non-residential use.
What should I do if I'm served an eviction notice?
While many people panic after receiving a notice to end the tenancy, renters need to act quickly if they want to file a dispute.
"The most important thing is to look at the form and understand why [the tenancy] needs to end," Patterson suggests.
Tenants must also know the deadline for filing a dispute with the RTB. Renters may challenge any notice to end the tenancy.
The deadlines for filing with the RTB vary depending on what notice is issued to the tenant. For example, tenants who wish to challenge a 10-Day Eviction Notice for Non-Payment of Rent must apply for dispute resolution through the RTB within five days.
Renters contesting a one-month notice to end the tenancy have 10 days, and 15 days for two-month ones. They have 30 days to challenge a four-month notice.
Should I apply if the landlord checks off a box on the form but doesn't provide details?
If a landlord issues a notice to end the tenancy, renters have the right to know exactly why it is happening. However, landlords may only check off a box or two on the form that doesn't illustrate exactly how the problem occurred.
"For example, in a one-month notice for cause, there are many boxes the landlord could check, such as 'significantly disturbed another occupant' but then leave the box to fill in at the bottom blank," Patterson explains.
Unless the landlord talked to them, the tenant won't know exactly how they disturbed other occupants. The RTB might not believe the "disturbance" warrants an eviction.
If a tenant wants clarity before applying for dispute resolution, they should ask their landlord to explain why they are being evicted in writing.
People living in supportive housing may face 24-hour evictions
In some instances, landlords running supportive housing may take the position that they are "transitional housing" or a "health facility" and then claim they can kick people out on 24-hour notice, Patterson explains.
"A landlord cannot end a tenancy in 24 hours. These tenants should file a dispute," he notes.
If a landlord acts like the rules don't apply to them, B.C.'s Compliance and Enforcement Unit (CEU) can directly intervene to get the tenant an emergency order of possession.
The CEU may fine up to $5,000 per day per infraction. Tenants don't receive this money but the fines are used to dissuade landlords from acting unlawfully.
Patterson says the stakes are high for tenants facing eviction in today's market.
"You should never disregard a notice [if it seems off]," he notes.
"You could lose your housing in a housing crisis."
