Understanding Personal Use Evictions in BC
What Is a Personal Use Eviction?
A personal use eviction happens when a landlord ends a tenancy because they, or a close family member, plan to move into the rental unit. This is different from evictions for unpaid rent or breaches of the tenancy agreement. In this case, the landlord wants to occupy the property for their own residential use.
Who Qualifies for Personal Use?
According to the Residential Tenancy Act (RTA) and the Residential Tenancy Branch (RTB), a landlord may end a tenancy if they intend to move into the unit themselves or if a close family member plans to live there. Eligible family members usually include the landlord’s parent or child, or the parent or child of their spouse.
The rental unit must be intended for genuine personal use. It cannot be used as a way to evict a tenant in order to re-rent the unit or use it for other purposes.
Legal Requirements for Ending a Tenancy
Under the RTA, landlords must meet several legal requirements to end a tenancy for personal use:
Good Faith Intent: The landlord or family member must truly intend to live in the unit as their main residence. If this intent is not genuine, the eviction could be considered unlawful and the tenant may be entitled to compensation.
Proper Notice: The landlord must give written notice using the correct RTB form. As of 2024, the required notice period is three months. Tenants have 21 days to apply for dispute resolution if they wish to challenge the notice.
Compensation: The landlord must provide the tenant with one month’s rent as compensation when the notice is issued. If the landlord or family member does not move in as promised, the tenant may be entitled to up to 12 months’ rent as compensation.
Occupancy Duration: The person moving in must live in the unit for a reasonable amount of time. The RTB generally expects this to be at least 12 months to show that the eviction was done in good faith.
Restrictions in Larger Buildings: Some tenancies in rental buildings with five or more units may be protected from personal use evictions, depending on when the tenancy started and the type of building.
Fixed-Term Tenancies: A fixed-term lease cannot be ended early for personal use unless the tenancy agreement includes a valid clause allowing for that and the notice complies with the RTA.
Why Are Personal Use Evictions Regulated?
Personal use evictions can be misused by landlords who want to remove tenants without a valid reason. Because of BC’s housing challenges, the law closely regulates this type of eviction. The legal framework ensures landlords have a legitimate reason for taking back a rental unit, while also protecting tenants from being unfairly displaced.
The rules are designed to balance the landlord’s right to occupy their property with the tenant’s right to secure and stable housing.
What Tenants Should Know
If you receive a personal use eviction notice:
Review the Notice: Make sure it is on the correct RTB form, includes the required three-month notice, and names the person who intends to move in.
Understand Your Rights: You can apply to the RTB for dispute resolution within 21 days if you believe the notice is not valid or is being used in bad faith.
Keep Records: Save all communications with your landlord and keep a copy of the notice.
Watch for Re-Renting: If the unit is re-rented shortly after you leave or no one moves in, you may be eligible to claim compensation.
This article is for general informational purposes only and does not constitute legal advice. The Residential Tenancy Act, regulations, and RTB policies may change, and their application depends on your specific circumstances. For legal advice tailored to your situation, consult a qualified legal professional or contact the Residential Tenancy Branch.
