What Can a Tenant Do If Their Lease Is Ending but They Want to Stay?
In British Columbia, fixed-term tenancy agreements guarantee a tenant the right to live in a rental unit for a specified period, usually one year. At the end of the term, tenants often assume they must move out, but that’s not always the case. In most situations, unless specific legal conditions are met, tenants have the right to continue their tenancy even after the fixed term ends.
When Must a Tenant Vacate at the End of a Fixed-Term Lease?
Under Section 13.1 of the Residential Tenancy Regulation, a landlord can require a tenant to move out at the end of a fixed-term tenancy only if both of the following conditions are met:
The tenancy agreement includes a clause stating that the tenant must vacate at the end of the term, and
The landlord or a close family member (spouse, parent, or child) intends, in good faith, to move into the rental unit for a minimum of six months after the tenant leaves.
This clause must be explicitly written into the lease from the beginning, and the landlord must act in good faith. If these conditions are not met, the tenancy automatically continues as a month-to-month agreement under Section 44 of the Residential Tenancy Act.
A landlord cannot require you to vacate at the end of a lease for general reasons like selling the unit or simply wanting new tenants. In those cases, they must follow the appropriate notice procedures under the RTA, such as serving a Notice for Landlord Use of Property, which is subject to the tenant’s right to dispute.
What If You're Being Asked to Leave Without Cause?
If your landlord is asking you to move out at the end of your lease and hasn't cited a valid reason backed by the law (such as landlord use), you may not have to leave. It’s a common misunderstanding that fixed-term tenancies always end with the tenant vacating.
Unless a legally valid reason applies, your tenancy continues automatically on a month-to-month basis unless you choose to move or the landlord serves proper notice under the RTA.
A landlord cannot force you to leave at the end of your lease unless they meet strict conditions, such as moving in themselves or housing a close family member, with this intent clearly stated in the lease. If these conditions are not met, you have the legal right to stay.
This article is for general informational purposes only and does not constitute legal advice. Tenancy laws in British Columbia may change, and individual circumstances vary. For personalized advice, consult the Residential Tenancy Branch or a qualified legal professional. Always review the most current version of the Residential Tenancy Act and Regulation before taking action.
