What Are the New 12-Month Occupancy Rules for Landlords After Eviction?
Under British Columbia’s Residential Tenancy Act (RTA), when a landlord ends a tenancy for personal use, they (or an eligible close family member) must occupy the rental unit for at least 12 months following the end of the tenancy. This 12-month occupancy rule helps prevent bad-faith evictions, where landlords claim they need the unit for themselves or a family member but instead re-rent or sell the property shortly after the tenant moves out.
Failure to comply may result in significant consequences, including an RTB order for the landlord to pay the tenant 12 months’ rent. This rule is part of broader tenancy law reforms that strengthen tenant protections and increase landlord accountability across B.C.’s rental market.
Background of the 12-Month Occupancy Rule
As per the Residential Tenancy Act, a landlord may end a tenancy if:
The landlord or their close family member (spouse, parent, or child) intends to occupy the rental unit.
A purchaser of the property has requested vacant possession for personal use.
Under a new bill, effective July 18, 2024, landlords (or the purchaser/family member cited in the Notice to End Tenancy) must occupy the unit for at least 12 consecutive months. This applies to both standard residential tenancies and manufactured home site tenancies.
Landlords who fail to occupy the unit, or who rent or sell the unit within the 12-month period, may be found to have acted in bad faith. If this occurs, the tenant can apply for dispute resolution and may be awarded up to 12 months’ rent as compensation under the RTA.
Why Was the 12-Month Occupancy Rule Introduced?
The rule was introduced in response to growing reports of landlords abusing the “personal use” eviction provision, claiming personal need but quickly re-renting the unit at higher rates or selling for profit. Prior to the change, tenants had little recourse beyond filing for compensation after discovering the unit was never genuinely intended for personal use.
This amendment closes a significant loophole in the law and aims to:
Protect tenants from being displaced under false pretenses.
Improve transparency and trust in the rental system.
Deter speculative evictions in hot rental markets like Vancouver and Victoria.
Ensure landlords genuinely occupy the property they evict a tenant from.
According to RTB Policy Guidelines, a landlord’s intent must be honest and realistic, and must not be based on speculation or conditional plans. The 12-month rule strengthens this expectation by requiring landlords to follow through with physical occupancy for a full year.
What Can Tenants Do If They Suspect Bad Faith?
Tenants who believe they were wrongfully evicted can:
File an application for dispute resolution with the RTB.
Present evidence that the landlord did not occupy the unit as claimed.
Request compensation up to 12 months’ rent under the RTA.
The RTB will assess whether the landlord or family member actually lived in the unit for 12 months, based on evidence such as utility bills, address changes, or proof of occupation.
Tenants have up to two years from the date of the tenancy ending to file a claim regarding bad-faith evictions.
Final Notes
If a landlord has a legitimate reason to end the tenancy for personal use but cannot fulfill the 12-month occupancy (e.g., due to medical emergency or unforeseen life changes), they may still be subject to penalties unless the RTB finds the non-occupancy to be reasonable and in good faith.
Landlords should carefully document their plans, maintain clear communication, and avoid issuing Notices to End Tenancy unless they are fully committed to the stated reason for eviction.
This article is for general informational purposes only and does not constitute legal advice. Residential tenancy laws in British Columbia are subject to change, and each case may involve unique circumstances. For the most current legal information, contact the Residential Tenancy Branch or consult with a qualified legal professional.
