What Tenants Can Do If a Landlord Falsely Claims They Need to Move In
In British Columbia, landlords are permitted to end a tenancy if they or a close family member genuinely intend to move into the rental unit. However, when that stated intent is false, it may constitute what’s known as a bad-faith eviction. Tenants have legal protections under the Residential Tenancy Act (RTA) to prevent and respond to such scenarios, and in some cases, they may be entitled to compensation of up to 12 months’ rent.
This article outlines how to identify a bad-faith eviction, what steps tenants can take if they suspect one has occurred, and how to seek recourse through the Residential Tenancy Branch (RTB).
When Can a Landlord End a Tenancy for Personal Use?
As of July 18, 2024, landlords in BC must provide a minimum of three months’ written notice if they intend to end a tenancy for personal occupancy. This includes situations where the landlord, their spouse, or a close family member intends to move into the unit and live there for at least twelve months.
The notice must be served using the approved form and must also include one month’s rent as compensation.
What Is a Bad-Faith Eviction?
A bad-faith eviction occurs when a landlord issues a notice claiming they or a family member plan to move in, but never follow through. In such cases, the landlord may have used the notice to remove the tenant for another purpose, such as re-renting the unit at a higher rate or renovating it without following proper procedures.
Under the Residential Tenancy Act, tenants may apply for compensation of up to 12 months’ rent if the landlord is found to have ended the tenancy in bad faith.
How Tenants Can Protect Themselves
1. Understand the Legal Notice Requirements
The landlord must serve a Three-Month Notice to End Tenancy for Landlord’s Use of Property, pay one month’s rent in compensation, and clearly state who will be moving in. If the notice does not meet these requirements, it may be invalid.
2. Document Everything
Keep records of all communications, including written notices, emails, texts, and any verbal conversations related to the landlord’s stated intent. After moving out, look for signs that the unit is being re-rented or remains vacant.
3. Verify the Landlord’s Intent
If, within a few months of your move-out date, the unit is not occupied by the landlord or their family member, this may be evidence of bad faith. Other signs may include listings advertising the property for rent or sale, or new tenants moving in.
4. Seek Legal Advice
If you suspect your eviction was dishonest, speak with a tenant legal advocate or lawyer. They can help you assess the situation and prepare to file a claim.
5. File a Compensation Claim with the RTB
You can apply for dispute resolution through the Residential Tenancy Branch. If the arbitrator determines the notice was given in bad faith, you may be awarded up to 12 months’ rent in damages.
While landlords have a right to reclaim their property for personal use, they must follow the law and act in good faith. When a landlord abuses this process, tenants have the right to challenge the eviction and seek compensation. By understanding the legal notice process, documenting suspicious activity, and filing a claim through the RTB, tenants can hold landlords accountable and protect their housing rights.
This article is for general informational purposes only and does not constitute legal advice. Tenancy laws may change over time, and each case depends on its specific facts. If you need guidance on your situation, consult a legal professional or contact the Residential Tenancy Branch for personalized support.
