I read online many landlords complaining about their issues and the Residential Tenancy Act. One that is occurring a lot recently is owners moving back into their property with a two month notice to vacate.

It is important for landlords to understand “The Residential Tenancy Act” is law in BC and governs tenancies. As in many cases when you are on the wrong side of the law it often is a negative situation. Complaining about the law instead of understanding it is not helping your situation. 

For the two month notice to vacate for landlords use there are some very specific terms the landlord must adhere to when evicting a tenant. Two very common misunderstandings by landlords are who can move in when it is for family use, and for how long you must reside there bevore you can re-rent the property.  

The Residential Tenancy Act section 49 outlines who qualifies for the family member moving into the property.  People who qualify are close family members and the family members must be one of the following: The individual’s (owners) parent, spouse or child, or the parent or child of the individual’s (owner) spouse. If the person you are moving into the home is not one of these people the tenant you are evicting may have a claim against you for an eviction not in good faith. 

The second common issue with the landlord’s use is when you vacate a tenant the landlord or close family member must occupy the unit for a minimum of six months.  There are cases in the RTB decisions section where owners have argued extenuating circumstances which have caused them to need to re-rent the property after serving a two month notice. In most cases the RTB rules in favour of tenants when the family member doesn’t occupy the unit for  six months. 

Occupying the unit does not mean renovating it after the tenant moves out, it means living and using the property. It also doesn’t mean your brother, aunt or cousins can live in the property as they don’t fit the close family member definition.

When a landlord wants their rental property back it is very important they understand the law and the potential outcomes of not following the law. Many tenants are well versed in this section of the Act and won’t hesitate to challenge an owner when they feel they have been evicted in bad faith. The penalty for evicting a tenant in bad faith has a maximum of one year of the tenants current rent as a penalty. Many decisions have included a penalty where one year’s rent has been awarded to the evicted tenants.  

Need assistance managing your rental property. 

Cartref Properties can assist you, call today to discuss your needs. 

You can find more information about us at: www.cartrefproperties.com