RECENT RTA CHANGES
Landlords are now required to provide a Four Month Eviction Notice if they plan to:
- demolish a rental unit; or
- make significant renovations or repairs that require the rental unit to be empty
The deadline to challenge this notice has also increased. Tenants now have 30 days to dispute this notice through the Residential Tenancy Branch.
In residential properties containing five or more rental units, tenants being evicted due to renovations or repairs have a “first right of refusal” to return to their unit once the renovations or repairs have been completed. Although this may sound like a great opportunity, the problem is that the landlord can set the new rent at whatever amount they desire.
If you are interested in being offered a new tenancy agreement for your renovated unit, provide your landlord with written notice of your intention to use your first right of refusal. This will require your landlord to, at least 45 days before the completion of the renovations or repairs, inform you of the date your renovated unit will be available and provide you with a new tenancy agreement for that effective date.
There are strict penalties when it comes to this area of the law. If your landlord does not offer you a first right of refusal after you have given proper notice, or does not end up doing what they said they would do on any type of landlord’s use eviction notice, they could end up owing you 12 months of your previous rent as compensation.
See TRAC’s webpage on Evictions for more information.