The Residential Tenancy Act has some new rules coming into effect as of July 18 2024. It's important for landlords, tenants, and potential buyers and sellers to be aware of these changes, so they can make well-informed decisions and understand how the RTA can impact their real estate practices and transactions. We've organized the key details of the amendments so it's easy to understand! Here’s everything you should know about the new updates:Evictions for Personal Occupancy
Landlords must give tenants a minimum four month’s notice when ending a tenancy for personal occupancy, as of July 18, 2024. Upon the end of a tenancy for personal occupancy, the new resident must occupy the unit for a minimum of 12 months.
Personal occupancy means personal or caretaker use, where the landlord or a close family member of the landlord, such as a parent, spouse, child, parent or child of a spouse, intends to occupy the unit.
Landlord Use Web PortalStandardized eviction notices for personal use must be generated through the new Landlord Use Web Portal. Users of this new portal will require a basic BCeID and will be required to share information on the new tenants moving into the unit, allowing the Residential Tenancy Branch to conduct post-eviction audits.
Tenant-Occupied Properties
The amendments could affect sellers who intend to sell their tenant-occupied property, and buyers who plan on living in the unit. Additional considerations are needed at the time of purchase as well as calculated completion and possession dates to secure the earliest date at which buyers can move into their new home.
Penalties
Personal occupancy evictions are still subject to existing penalties. Landlord is required to pay the tenant one month of rent before the effective date of the notice. If the landlord does not meet the minimum four month’s eviction notice requirement and / or does not occupy the rental unit for at least 12 months following the eviction date, they will be required to pay the tenant 12 months of rent.
Additional Key Information
- Evictions for personal occupancy that are not issued through the Landlord Use Web Portal will be considered void.
- The tenant will now have 30 days to dispute the notice when receiving the termination notice.
- Evictions for personal occupancy will now be prohibited in purpose-built rental buildings with five+ units.
- Evictions for converting a rental unit into specific non-residential uses will now be prohibited.
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