New Regulations Expected by Summer 2024 for Tenanted Properties

Starting Summer 2024 there are some things that will be changing for tenanted properties.

1. The amendments will also deter bad-faith evictions by requiring landlords to use a web portal to generate a notice to evict a tenant for personal use.

Increasing notice period that a landlord must give a tenant for eviction for personal use.
There may be a possibly of a greater than 2 month notice. If you are buying a tenanted property this could affect you if you plan to move in.

2.  Increasing the tenant dispute period from 15 days to 30 days.
On the 16 day after the notice is deemed to be received, this will increase.
If a buyer asks for vacant possession within 2 months, a dispute resolution will only be able to be filed after the first mont. This can pose a problem if the Seller is wanting to move in – essentially a domino effect.

Some dispute resolutions can take a few months.

Requiring landlords to use a web portal to generate “Notice to End Tenancy for Personal Property”.

Other changes to the Residential Tenancy Act in British Columbia

• Allowing for more flexibility in addressing cases where is a problematic tenancy.
• Increasing the amount of time a landlord must occupy a rental unit after ending a tenancy for personal use from 6 months to 12 months. This is in effect as of April 3, 2024
  The penalty for false eviction is 12 months rent***Occupying is not leaving the property vacant
• Allowing for more flexibility in addressing cases where there is a problematic tenancy and prescribing more clear guidelines for ending tenancy with justified cause;
• Increasing the amount of notice a landlord must give a tenant when ending a tenancy for personal occupancy;
• Increasing the amount of time a tenant has to dispute a notice to end tenancy from 15 days to 30 days;
• Prohibiting evictions for personal use in purpose-built rental buildings with five or more units; and
• Prohibiting eviction for the conversion of rental units to specific non-residential uses.

Things to Consider When Selling a Tenanted Property

When Selling a tenanted property, and the Buyer is wanting vacant tenancy to live in, a few things must happen first. The Buyers must provide “Buyers Notice to Seller for Vacant Possession” outside of the Contract of Purchase of Sale. The Home Buyer Rescission Period must be over AND subjects must be removed.

In Ontario “Cash For Keys”is becoming popular where landlords offer their tenants a lump sum of money so that the tenants are willing to vacate.

Before signing a mutual agreement to end tenancy, make sure you now your rights and responsibilities.

Showing a Tenanted Property

When showing a tenanted property, it is best to all work together and be respectful. If you are respectful, they will most likely be respectful as well. Treat them like your client, and they might be your client, so work together to make it work.

Remember even though they are renting the property, it is their home. Being respectful and cooperative goes a long way.

Ending a Tenancy to Demolish, Renovate or Convert a Rental Unit

The 4 month notice procedure

If you are going to renovate a property, the purchasers CANNOT give notice until they are the owners. The Buyers MUST COMPLETE ON THE TRANSACTION.

The notice now must be approved by a RTO Dispute Resolution Office, to see if the renovation is substantial enough to do the renovation.  If a Buyer purchases a property, they have to prove what their renovations will be and what their timelines will be in order to do the renovations. If your permit process is 8 months, 12 months or more, the tenants may not move out before they need to –

MAKE SURE TO GET LEGAL ADVICE AND TALK TO THE RESIDENTIAL TENANCY OFFICE. 

If the tenant refuses to leave then what?

If you have served reasonable notice, and have gone through all the proper steps 
this is what it looks like in order to remove a tenant.

Can you go in and change the locks… NO!!!! Get a Dispute Resolution Hearing The Dispute Resolution Officer has to award you an “Order of Possession” Once you get the ‘Order of Possession’ you have to go to the court to get a Judge to grant you an Order of Possession….Once the Judge does this you need to get a Bailiff. If the Bailiff doe NOT see an order they cannot do anything.

At this point it use to be you could remove all items out and leave it on the street. Now you are required to get a van and store it….

This information provided is for educational and informational purposes. Ivana Smolcic is not a Licensed Rental Property Manager and information here was provided by the Residential Tenancy Branch. If you have questions regarding your tenanted property, please contact the Residential Tenancy Branch  –For support in your preferred language, call 1-800-665-8779.