Can a Landlord in BC Evict Me for Renovations or Major Repairs?
This answer covers the law of British Columbia.
Sometimes, but not with a notice alone. A landlord who wants to end a tenancy for major renovations or repairs must apply to the Residential Tenancy Branch for an Order of Possession, and a Four-Month Notice alone is not enough. An arbitrator decides whether the work is major enough.
The director may order a tenancy ended for renovations or repairs only if the work requires the unit to be vacant, is necessary to prolong or sustain the unit or building, has the required permits, and can only be done by ending the tenancy. The landlord must also intend in good faith to renovate and show that ending the tenancy is the only reasonable way to get the vacancy. The order's effective date must be at least 4 months after it is made.
You are owed one month's rent on or before the effective date, and the landlord must also pay 12 times the monthly rent unless the work is completed within a reasonable time. If your building has 5 or more rental units, you may be able to return after the work if you give notice before vacating. Whether your situation fits these rules depends on the facts, so a lawyer can confirm.
Key takeaways
- A Four-Month Notice alone is not enough for major renovations or repairs, because the landlord must apply to the Residential Tenancy Branch for an Order of Possession.
- The director may order the tenancy ended only if the work requires the unit to be vacant, has the required permits, and can only be done by ending the tenancy.
- You are owed one month's rent on or before the order's effective date, and the landlord must also pay 12 times the monthly rent unless the work is completed within a reasonable time.
- In a building with 5 or more rental units you may have a right of first refusal, but it does not apply if the unit was demolished or converted.