BC Tenancy Act Updates: Adjustments to Eviction Notice Rules

On July 18, 2024, the BC Government introduced a change to the Residential Tenancy Regulation, extending the required notice period from two months to four months when landlords or homebuyers evict tenants for personal or caretaker use, aiming to give displaced tenants more time to find a new home.  The amount of time a tenant has to dispute such a Notice to End Tenancy (NTE) was also increased, from 15 days to 30 days.

However, concerns were raised by industry stakeholders, particularly regarding the impact on first-time homebuyers participating in the Canada Mortgage and Housing Corporation (CMHC) programs. These programs require properties to be vacant upon possession, and the extended four-month notice period created challenges for buyers, potentially jeopardizing their ability to secure financing. A longer notice period could conflict with mortgage commitments, which may expire before the closing date.

In response, the BC government swiftly amended the regulations. As of August 21, 2024, the notice period will be reduced to three months, with a 21-day dispute period, specifically when landlords issue an eviction notice on behalf of a purchaser.

It's important to note that landlords intending to personally move into the rental property, or have a close family member move in, are still subject to the initial four-month notice requirement. Tenants in these situations retain the 30-day window to dispute the NTE. Furthermore, to deter misuse of eviction notices, landlords found to evict tenants in bad faith may be compelled to compensate the displaced tenant with up to 12 months' rent.

These adjustments aim to balance the rights and protections of tenants with the practical needs of homebuyers, ensuring fairness and flexibility within the BC rental market.