Previous Rules
On July 18, 2024, British Columbia updated its regulations regarding notices to end tenancy, requiring landlords and buyers to provide tenants with four months’ notice of eviction, instead of the previous notice of two months’ of eviction. Additionally, the dispute resolution period was increased from 15 days to 30 days.
New Rules
In August 2024, British Columbia made changes to the notice periods regarding eviction and dispute resolutions, as part of its housing policy reform. The eviction notice period was reduced from four months to three months. According to Section 49 of the Residential Tenancy Act (RTA):
“a landlord can end a tenancy if they have agreed to sell the rental unit, all conditions of the sale are met, and the purchaser requires in writing that the tenancy be terminated because they, or a close family member, intend to occupy the unit”
For example, your landlord will provide you with a three-month eviction notice to end their tenancy if a purchaser wants to buy the property. This change benefits property buyers by offering a reasonable time to secure the property while also giving the tenants a reasonable amount of time to secure other housing arrangements. Typically, a mortgage offer is valid for 120 days, which aligns with the three-month eviction notice period. This change alleviates any concerns for purchasers, especially those using Canada Mortgage and Housing Corporation programs, which require the property to be vacant at possession.
However, landlords who anticipate moving into the property themselves, or have a close family member moving in, are still required to provide tenants with a four-months eviction notice if they are ending a tenancy. The three-month notice period above applies when a landlord ends the tenancy on behalf of a purchaser.
The dispute resolution notice period has also been reduced from 30 days to 21 days. Common disputes often involve payment issues, improper eviction procedures, repair or renovation concerns, privacy violations, and damage deposits, among others. This change was implemented to accelerate the resolution process, allowing individuals quicker access to justice and outcomes.
Ultimately these changes intend to improve the efficiency and fairness of the residential tenancy system in British Columbia.
Northam Law
At Northam, we are here to guide you through securing a tenanted property while ensuring your mortgage offer does not expire. Our team helps with various types of real estate transactions, offering solutions to make your transition as smooth and stress-free as possible. Contact us for assistance with your real estate transactions.
