Landlord Notice to Move In or Sell a Rental Unit in BC

If your landlord says they or a family member want to move in, or that the unit is being sold to someone who will live there, you probably have questions about timing, money and whether you have to go.

The rules changed in recent years, and many people still hear about a "Two-Month Notice". This article explains the current notice periods, the conditions, and the compensation under British Columbia law.

This article covers the law of British Columbia.

A sale alone does not end your tenancy

When a landlord plans to sell a rental property, the tenancy continues. If no proper notice is served, the tenancy continues on the original terms and the buyer takes over the existing tenancies.

For a buyer to occupy the unit, the buyer must first make a written request to the seller stating they will occupy it before taking possession. The seller or current landlord then issues an RTB-32P notice, and serving it cannot be a condition of the sale. Alternatively, after taking possession, the buyer can serve an RTB-32L notice.

Notice periods for landlord's use and purchaser's use

A landlord can end a tenancy for their own use if the landlord or a close family member will occupy the unit. The notice is generated through the Residential Tenancy Branch portal as form RTB-32L, and it is a Three-Month Notice with 21 days to dispute, not two months.

The Regulation sets the notice period for these notices at 3 months after you receive the notice and the dispute period at 21 days. The Act's default is 4 months, and any prescribed period must be at least 2 months. Purchaser-use notices (RTB-32P) generated on or after August 21, 2024 give three months' notice and 21 days to dispute, while earlier notices gave four months and 30 days.

The only notice still giving 2 months and 15 days is the one for a subsidized-housing tenant who no longer qualifies (RTB-32Q).

Conditions that apply

• A close family member means the landlord's spouse, or the parents or children of the landlord or the landlord's spouse.
• The occupant must live in the unit for at least 12 months. For purchaser use, the purchaser or a close family member must occupy it for at least 12 months.
• A purchaser is someone who agreed to buy at least 1/2 of the full reversionary interest in the unit.
• Landlords are prohibited from ending a tenancy for personal occupancy in certain buildings with 5 or more rental units.

Whether a particular building falls within that restriction depends on the facts, so it is worth confirming with a lawyer.

Compensation and what happens if the plan is not carried out

Compensation for a landlord's-use or purchaser's-use notice is one month's rent, payable on or before the effective date of the notice period. You may withhold the last month's rent instead.

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

Showings during a sale, and what to do next

While the unit is being sold, you must receive written notice of entry stating the reason, date and time, with the time between 8 am and 9 pm unless you agree otherwise. Notice cannot be sent by text message, and without a written schedule the landlord must give 24 hours' written notice for each showing. You may be present, cannot be required to leave, and must give permission for a lock box.

• Check the form and the notice date, and confirm it is RTB-32L or RTB-32P rather than an older version.
• Count your dispute deadline: 21 days for a three-month notice.
• If you dispute on time, the notice is on hold until the hearing.
• Keep records of any showing notices and entries.
• Ask a lawyer about your situation if the building has 5 or more rental units or the reason seems doubtful.

Frequently asked questions