What Happens to My Tenancy If the Landlord Sells the Rental in BC?
This answer covers the law of British Columbia.
Your tenancy carries over. A sale does not end a tenancy, and if no proper notice is served, the tenancy continues on the original terms and the buyer takes over the existing tenancies. A landlord also cannot end a tenancy just because they want to sell.
A buyer can ask for the unit to be vacant for their own use or a close family member's, but landlords are prohibited from ending a tenancy for personal occupancy in certain buildings with 5 or more rental units. The buyer can first make a written request to the seller stating they will occupy the unit, and the seller then issues an RTB-32P notice, which cannot be a condition of the sale; alternatively, after taking possession, the buyer can serve an RTB-32L notice. The buyer or a close family member must occupy the unit for at least 12 months.
Purchaser-use notices generated on or after August 21, 2024 give three months' notice and 21 days to dispute. Compensation is one month's rent, payable on or before the effective date, and you may withhold the last month's rent instead. While the home is being sold, you have a right to peace and quiet, and showings need proper written notice.
Key takeaways
- A sale does not end a tenancy, and without proper notice the buyer takes over the existing tenancy on its original terms.
- A buyer who wants to occupy the unit can make a written request so the seller issues an RTB-32P notice, which cannot be a condition of the sale, or serve an RTB-32L notice after taking possession.
- Purchaser-use notices generated on or after August 21, 2024 give three months' notice and 21 days to dispute, while earlier ones gave four months and 30 days.
- Compensation is one month's rent payable on or before the effective date, or you may withhold the last month's rent instead.