What Are Your Rights If a Landlord Falsely Claims They Need to Move In?

In British Columbia, landlords have the legal right to end a tenancy if they or a close family member intend to move into the rental unit. However, this right is accompanied by strict obligations to prevent misuse. When a landlord falsely claims they need the unit for personal use but fails to move in, this is considered a bad-faith eviction, a serious violation of the Residential Tenancy Act (RTA).

Understanding your rights as a tenant can help you take action if you suspect your eviction was not legitimate.

When a Landlord Can End a Tenancy to Move In

Landlords must provide tenants with a minimum of three months’ written notice if they or an eligible close family member (parent, spouse, or child) intend to move into the unit. This notice must be issued through the Residential Tenancy Branch’s online portal using the appropriate form, and the landlord must also pay the tenant one month’s rent as compensation.

If the property is sold and the new owner intends to move in, they must also meet these conditions, including providing the three-month notice and compensation.

What Constitutes a Bad-Faith Eviction?

A bad-faith eviction occurs when a landlord ends a tenancy claiming they intend to live in the unit, but never follows through. The RTA requires that the landlord or family member move in within a reasonable period and occupy the unit for at least 12 months.

If the landlord re-rents the unit or uses it for a different purpose shortly after the tenant vacates, this may be strong evidence that the eviction was not made in good faith. A tenant who suspects bad faith can file a claim with the RTB and may be eligible for compensation of up to 12 months’ rent.

What Tenants Should Do

1. Keep Records

Save all written communications with the landlord, including notices, texts, emails, and any documents related to the move-in claim. If the unit appears re-rented or unoccupied after your move-out, take photographs, document advertisements, or gather witness statements to support your case.

2. Monitor Occupancy

You are not expected to prove definitively that the landlord didn’t move in, the burden of proof is on the landlord to show they acted in good faith. However, any observations or evidence you collect may strengthen your position if a dispute arises.

3. Seek Advice and File a Claim

If you believe you were evicted under false pretences, you can file a dispute with the Residential Tenancy Branch. A hearing will be scheduled to determine whether the landlord acted in bad faith. If the RTB finds in your favour, you may be awarded up to 12 months’ rent in compensation.

What If the Landlord Has a Legitimate Excuse?

In some cases, landlords may not move in due to unforeseen and legitimate circumstances, such as illness or death. The RTB will consider these extenuating circumstances before determining whether compensation is appropriate.

In Summary

If you’ve been asked to leave your rental home based on your landlord’s claim that they, or a close family member, intend to move in, but that move never happens, you may have grounds to pursue a bad-faith eviction claim. With updated laws requiring three months’ notice and genuine long-term occupancy, tenants have stronger protections than ever.

Remain informed, keep documentation, and use BC’s dispute resolution system to protect your rights.


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.