When Can a Landlord Evict a Tenant for Cause in British Columbia?

Evicting a tenant for cause is a serious step, and in British Columbia, it must follow the procedures set out under the Residential Tenancy Act (RTA). The legislation outlines specific grounds on which a landlord can issue a One-Month Notice to End Tenancy for Cause, but it also ensures that tenants have the opportunity to correct certain issues or dispute an eviction through the Residential Tenancy Branch (RTB).

Understanding when and how a landlord can end a tenancy for cause is essential for both landlords and tenants to ensure the process is lawful and fair.

Legal Grounds for Eviction for Cause

A landlord may issue a One-Month Notice to End Tenancy for Cause (Form RTB-33) in cases where the tenant has committed a significant violation of the tenancy agreement or the Residential Tenancy Act. Common grounds include:

1. Breach of a Material Term

If a tenant breaches a significant term of the tenancy agreement, such as subletting without permission, keeping unauthorized pets, or repeated late rent payments (three times in a 12-month period), the landlord may take steps to end the tenancy.

Before issuing a notice, the landlord is generally expected to:

• Notify the tenant in writing about the breach

• Provide a reasonable opportunity to correct the issue

• Warn that failure to comply may result in eviction

If the breach is not corrected, the landlord may proceed with serving a one-month notice.

2. Illegal Activity

Landlords may issue an immediate one-month notice if the tenant or their guest engages in illegal activity that:

• Causes damage to the property

• Puts others at risk

• Interferes with the rights or safety of other occupants

Examples include conduct deemed unlawful under Section 47 of the RTA.

3. Significant Damage to the Property

A tenant who causes damage beyond ordinary wear and tear, such as broken windows, large holes in walls, or structural issues, may be served with a one-month notice. The landlord must be able to demonstrate the damage through documentation such as:

• Photos

• Repair invoices or estimates

• Inspection reports

4. Repeated Disruption or Endangering Others

Disruptive or dangerous behavior is also grounds for eviction. This includes:

• Repeated noise complaints

• Harassment of other tenants or the landlord

• Creating hazardous conditions

The behavior must be serious or ongoing and must interfere with the landlord’s ability to manage the property or other tenants' quiet enjoyment of the space.

5. Denying Lawful Access to the Unit

Under Section 29 of the RTA, tenants must allow landlords to enter the unit for legitimate reasons, such as repairs or inspections, provided the landlord gives at least 24 hours’ written notice. Repeated refusal to allow entry may justify eviction.

Disputing a One-Month Notice

Tenants have the right to dispute a One-Month Notice for Cause by applying for dispute resolution through the Residential Tenancy Branch within 10 days of receiving the notice.

If the tenant applies to dispute the notice:

• The RTB will hold a hearing to assess the validity of the eviction

• Both parties can submit evidence and attend the hearing

• The RTB will issue a legally binding decision

If the tenant does not apply within 10 days, they are considered to have accepted the notice and must vacate by the end of the one-month notice period.

Evictions for cause must follow strict procedures under BC’s Residential Tenancy Act. Landlords must use approved forms, issue proper notice, and be prepared to justify their reasons. Tenants, in turn, have the right to dispute the notice and present their side through the RTB.

Whether you’re a landlord seeking to end a tenancy or a tenant facing an eviction notice, understanding your legal rights and responsibilities can help you navigate the process fairly and effectively.

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.