Do You Have to Move Out If Your British Columbia Landlord Sells?

Seeing a for-sale sign outside your rental is stressful, especially when you do not know whether you have to pack. The short answer is that a sale alone does not force you out.

This article explains what happens to your tenancy when the home is sold, when a buyer can ask for vacant possession and what your rights are while the home is shown.

This article covers the law of British Columbia.

A sale does not end your tenancy

The Province states that when a landlord plans to sell a rental property, the tenancy continues. If no proper notice is served, the tenancy continues on its original terms and the buyer takes over the existing tenancies.

A landlord can end a tenancy only on grounds the Residential Tenancy Act allows, and must serve the correct form. Wanting to sell is not one of them.

When a buyer can require you to leave

A buyer who wants to live in the home can lead to a notice, but there are steps. The buyer must first make a written request to the seller stating they will occupy the unit 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.

Purchaser-use notices generated on or after August 21, 2024 give three months' notice and 21 days to dispute. Earlier ones gave four months and 30 days. The purchaser or a close family member must occupy the unit 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.

You are owed one month's rent as compensation, payable on or before the effective date, and you may withhold your last month's rent instead. If the stated purpose is not carried out for the required period, a further 12 months' rent may be owed, though the director may excuse it.

Landlords are also prohibited from ending a tenancy for personal occupancy in certain buildings with 5 or more rental units.

Your rights during showings and open houses

• Written notice of entry is required. It must state the reason, date and time, with the time between 8 am and 9 pm unless you agree otherwise. It cannot be sent by text message.
• If there is no written schedule, the landlord must give 24 hours' written notice for each showing.
• You have a right to peace and quiet and may be present at showings. The landlord cannot require you to leave or stage the unit without your consent.
• A lock box needs your permission, and the landlord or agent must attend showings.

You may refuse entry that is unreasonable or unlawful and can apply for dispute resolution. Landlords should avoid multiple open houses in a short period. You may stay, but you cannot interfere with the sale effort.

The general entry rule is that a landlord may enter on written notice given at least 24 hours and not more than 30 days before the entry, stating a reasonable purpose. Entry without notice is allowed in an emergency, under an order, or for an abandoned unit.

If you receive a notice

If a buyer's-use notice arrives, dispute deadlines run from the day you receive it: 21 days for a three-month notice and 30 days for a four-month notice. Missing the deadline means you are considered to have accepted the notice. Applying on time puts the notice on hold.

An eviction notice must be served in person, by mail, by email, or by attaching it to the door of your home address. Text messages are not allowed.

At the hearing, an arbitrator hears both sides, and the landlord must show they lawfully evicted. The decision binds both parties. It must be given promptly and in any event within 30 days after the proceedings conclude.

The director may extend a time limit only in exceptional circumstances, and must not extend the time to dispute a notice beyond the notice's effective date. That is why it is wise to act early.

If you do not dispute the notice or lose at the hearing, the Residential Tenancy Branch can grant an Order of Possession. The landlord must serve it, wait for the 2-day review period, and take it to BC Supreme Court for a Writ of Possession, enforced by a court-approved bailiff. The order alone does not let the landlord remove you, throw out your belongings or change the locks.

What to do next

• Read your tenancy agreement and keep copies of everything the landlord sends.
• Ask whether any notice to end tenancy has actually been served. A sale alone is not one.
• Insist that showing notices are in writing and not by text.
• Keep a record of dates, times and any entry that seems unlawful.
• If a notice arrives, mark the dispute deadline immediately and consider speaking with a lawyer.

Frequently asked questions