What Is the New 3-Month Eviction Notice Period in BC?
In British Columbia, the Residential Tenancy Act (RTA) governs the legal process for ending tenancies, including situations where a landlord or property purchaser intends to move into the rental unit for personal use.
As of August 21, 2024, key changes to the notice period and dispute process have come into effect. These amendments aim to balance tenant protection with the realities of property transactions, particularly in support of new homeowners.
What’s Changed?
When a purchaser of a rental property intends to occupy the unit (or have a close family member move in), they must now provide three months' notice to end the tenancy. This is a reduction from the previous four-month requirement.
This change was introduced to address concerns raised by homebuyers, especially first-time purchasers, who found that the longer notice period created challenges in meeting mortgage approval and possession timelines. The reduced notice period is designed to better align with typical real estate and financing processes.
This updated rule applies only when a tenancy is being ended due to a purchaser's intention to move in, not when a current landlord plans to do so.
Dispute Period Shortened to 21 Days
In addition to the change in notice period, the time frame for tenants to dispute the notice has been shortened from 30 days to 21 days. Tenants who believe the notice was issued in bad faith must now file a dispute with the Residential Tenancy Branch within this revised timeframe.
This shorter dispute window is intended to streamline the process and provide quicker resolution for both tenants and property owners during the transition of ownership.
Why the Change?
The previous four-month notice period was often incompatible with the timelines of home purchases and mortgage approvals, particularly in fast-moving real estate markets. At the same time, the government sought to preserve strong protections for tenants.
By shortening both the notice and dispute periods, the revised rules aim to:
Improve alignment between rental and real estate timelines,
Support responsible homeownership, and
Maintain fair and transparent processes for ending tenancies for personal use.
Good Faith Requirement Still Applies
Even under the updated rules, any notice to end tenancy for personal use must be made in good faith, as required under the RTA. This means the purchaser or their close family member must genuinely intend to live in the unit.
If it’s found that the notice was issued in bad faith, for example, if the unit is re-rented shortly after the tenant vacates, the Residential Tenancy Branch may order the landlord or purchaser to compensate the tenant. This could include up to 12 months’ rent as compensation for wrongful eviction.
What Tenants and Landlords Should Know
Landlords and purchasers must ensure they follow the new three-month notice requirement when ending a tenancy for personal use.
Tenants should be aware of the shorter 21-day dispute window and are encouraged to seek advice quickly if they believe the notice is not legitimate.
These changes apply only to personal-use evictions involving purchasers, not all types of tenancy terminations.
This article is for general informational purposes only and does not constitute legal advice. The Residential Tenancy Act is subject to change, and each case may involve unique facts. For the most current and accurate information, please contact the Residential Tenancy Branch (RTB) or consult with a qualified legal professional.
