Two-Month Notice to End Tenancy
Landlords can end a tenancy agreement by issuing a Tenant a Two-Month Notice to End Tenancy (the "Eviction Notice"): section 49 of the Residential Tenancy Act.
A Landlord can issue the Eviction Notice for the following reasons:
if the Landlord or their close family member intends in good faith to occupy the rental unit (the "Rental Unit");
if the Landlord enters an agreement to sell the Unit, and:
all the conditions are satisfied;
the purchaser tells the Landlord that they or their close family member intends to occupy the Unit; and
the Landlord has all the necessary permits and approves to do any of the following:
demolish the Unit;
convert the Unit to a Strata Lot;
convert the Unit into a not-for-profit housing cooperative;
convert the Unit for use by a caretaker, manage or superintendent; or
convert the Unit to a non-residential use.
When you serve the Eviction Notice, it must be given at least the effective day before rent is payable under the tenancy agreement. The Eviction Notice must also be given no more than one month before it is effective (see below example).
- Rent payable on September 1, 2022.
- Eviction Notice given August 15, 2022.
In this example, the Eviction Notice must be given before September 1, 2022. The Eviction Notice must also be given after August 1, 2022.
In order to be effective, the Eviction Notice:
must be writing;
be signed and dated by the Landlord;
give the address of the Unit;
state the effective date of the notice;
state the grounds for ending the tenancy; and
be in the approved form (see BC Government website).
If a Landlord issues the Eviction Notice, the Tenant is entitled to one month's rent: Section 51 of the Residential Tenancy Act. The Tenant does not have to pay last month's rent. If the Tenant pays rent, the Landlord must refund the amount paid.
If the Landlord issues the Eviction Notice for their personal use but then does not move into the Unit for a period of 6 consecutive months, the Tenant may be entitled to 12 months' rent. The Tenant must show that (1) the Landlord did not use the Unit for the stated purpose, and (2) the Landlord did not use the Unit for at least 6 months.
If a Tenant receives the Eviction Notice, the Tenant must dispute it within 15 days. If a Tenant does not dispute the Eviction Notice, the Tenant automatically accepts the end the tenancy per the Eviction Notice. As a result, the Tenant must also vacate the Unit by that effective date.