Does Your Landlord Have to Pay Compensation for Eviction in BC?

Being told to move out because your landlord, a family member or a buyer wants the unit is stressful. It is natural to ask whether you are owed anything.

In British Columbia, several types of eviction come with compensation. This article explains when one month's rent is owed, how you receive it, and what can happen if the landlord does not follow through.

This article covers the law of British Columbia.

When one month's rent is owed

RTA s. 51 requires compensation of one month's rent for a notice based on the landlord's or purchaser's use under s. 49. It is payable on or before the effective date of the notice period.

• Landlord's own use: the landlord or a close family member will occupy the unit for at least 12 months.
• Purchaser's use: a buyer or a close family member will occupy the unit for at least 12 months.
• Demolition or conversion under a Four-Month Notice: the tenant gets one month's rent.
• Renovation order under s. 49.2: one month's rent on or before the order's effective date.
• Caretaker conversions: one month's rent.

A close family member means the landlord's spouse, or the parents or children of the landlord or the landlord's spouse.

How you receive it

The landlord pays the compensation on or before the effective date, or you may withhold your last month's rent instead. For landlord's-use notices generated through the RTB portal, the notice is a Three-Month Notice (RTB-32L) with 21 days to dispute. Purchaser-use notices generated on or after August 21, 2024 also give three months' notice and 21 days to dispute, while earlier ones gave four months and 30 days.

If you want to dispute the notice, the deadlines depend on the notice type, and missing the deadline means you are legally considered to have accepted the notice and agreed to move out. Once you apply on time, the notice is on hold.

Renovations: extra protections

For major renovations or repairs, the landlord must apply to the Residential Tenancy Branch for an Order of Possession, because a Four-Month Notice alone is not enough. The director may order the tenancy ended 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.

In a residential property with 5 or more rental units, a tenant ended under a s. 49.2 order may enter a new tenancy agreement after the work, if the tenant gives notice before vacating. The landlord must give notice of the availability date and a tenancy agreement at least 45 days before the work is completed. This right does not apply if the unit was demolished or converted.

If the landlord does not follow through

If the stated purpose is not carried out and the unit is not used for it for the required period, the tenant is owed a further 12 months' rent. The required period is at least 12 months unless a shorter period is prescribed. The director may excuse this.

For a renovation order, the landlord must also pay 12 times the monthly rent unless the work is completed within a reasonable time after the effective date, and the director may excuse this in extenuating circumstances. If a landlord does not comply with the right of first refusal, they must pay 12 times the monthly rent under the previous tenancy agreement, unless the director excuses it. A landlord also cannot end a tenancy just because they want to sell.

What to do next

• Note the date you received the notice and confirm the notice form and how it was served.
• Check the dispute deadline for your notice type and use the online dispute calculators.
• Keep a record of when compensation is paid, or whether you withheld your last month's rent.
• Keep evidence of how the unit is used after you leave.
• Speak with a lawyer if you think the stated reason is not genuine.

Frequently asked questions