Landlord Notice to Move In or Sell in British Columbia: Two Months or Three?

Many people still call it the Two-Month Notice, but the notice a landlord now gives to move in or to make way for a buyer has a longer notice period. If one landed in your mailbox, the dates on it matter a great deal.

This article explains who can use these notices, the notice period and dispute deadline, the compensation you are owed and how to challenge a notice you think is not genuine.

This article covers the law of British Columbia.

Two months or three? The current rule

The Act's default notice period under section 49 is 4 months, but the Residential Tenancy Regulation prescribes 3 months after you receive the notice for generated section 49 notices, and a dispute period of 21 days. So landlord's-use notices (RTB-32L) are Three-Month Notices with 21 days to dispute, not two months.

Buyer's-use notices (RTB-32P) 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 two-month version still exists in one situation: a tenant of subsidized housing who no longer qualifies can receive a Two-Month Notice (RTB Form 32Q) that takes effect at least 2 months after receipt, with 15 days to dispute.

When a landlord can use this notice

A landlord can end a tenancy for their own use if the landlord or a close family member will occupy the unit. A close family member is 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.

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

For a buyer, the notice is available to a purchaser, meaning someone who agreed to buy at least 1/2 of the full reversionary interest in the unit. The purchaser or a close family member must occupy the unit for at least 12 months. The buyer must first make a written request to the seller stating they will occupy the unit, and the seller or current landlord then issues the RTB-32P. Serving it cannot be a condition of the sale. Alternatively, after taking possession, the buyer can serve an RTB-32L.

Compensation if you are served

• Compensation is one month's rent, payable on or before the effective date of the notice period.
• You may withhold your 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 one is prescribed, and the director may excuse the payment.

If you see the unit advertised for rent or sold on the market soon after you leave, keep records. They may matter if you later claim the further 12 months' rent.

How to challenge the notice

You have 21 days to dispute a three-month notice. Deadlines vary by notice type: 5 days for a 10-day notice, 10 days for a 1-month notice, 15 days for a 2-month notice, 21 days for a 3-month notice and 30 days for a 4-month notice. Missing the deadline means you are legally considered to have accepted the notice and agreed to move out.

To dispute, you apply for dispute resolution and pay the filing fee, use the online dispute calculators to confirm your timeline, and prepare and serve evidence. Once you apply on time, the notice is on hold. At the hearing an arbitrator hears both sides, the landlord must show they lawfully evicted, and the decision binds both parties.

The director may extend a time limit only in exceptional circumstances and cannot extend the time to dispute beyond the notice's effective date. If you do not dispute or you lose, the landlord can obtain an Order of Possession, but must still go through court to enforce it. The order alone does not let them change the locks or throw out your belongings.

What to do next

• Check the form: RTB-32L, RTB-32P or RTB-32Q, and when it was generated.
• Check the service method. Eviction notices may be served in person, by mail, by email or on the door, but not by text message.
• Count your dispute deadline from the day you received it.
• Ask who will move in and whether it is the landlord or a close family member.
• Keep your rent receipts, messages and photos of any later advertisement.
• Talk to a lawyer promptly if you doubt the landlord's intentions.

Frequently asked questions