Types of evictions

Last updated on August 27, 2024

Landlords may serve various types of notices to end a tenancy. Notices need to be in writing and all parties should keep copies.

On this page


Ten day notice for unpaid rent or utilities

Landlords can legally evict tenants with a 10 Day Notice to End Tenancy (PDF, 636KB) - RTB Form 30 if rent is unpaid. If a tenant pays rent in cash, they should make sure to get a receipt. If a tenant has a verbal agreement with their landlord about their rent payment, they should make sure to get it in writing.

If your tenant is late paying by even one day, or the rent is short by any amount of money, the landlord has the right to serve them with a 10 day eviction notice for non-payment of rent.

Tenants have 5 days to dispute their eviction and apply for dispute resolution after receiving a 10 day notice.

If a tenant does not pay the rent or apply for dispute resolution, the landlord can use the Direct request process to request an Order of Possession without participating in a dispute resolution hearing. 

Utilities

Tenants cannot withhold utility payments, even if the landlord is neglecting repairs.

If a tenant fails to pay for utilities as required in the tenancy agreement, the landlord can serve a 30-day written demand to pay utilities. If utility payment is not received within 30 days, the landlord can then serve a 10-day eviction notice.


One month notice for non-compliance with the tenancy agreement or Residential Tenancy Act

Landlords can legally evict tenants with a One Month Notice to End Tenancy (PDF, 2.1MB) RTB Form 33 for not following legal responsibilities under the tenancy agreement or Residential Tenancy Act (RTA).

A landlord may end a tenancy if one or more of the following applies: 

Disturbances and safety concerns 

The tenant or a person allowed on the property by the tenant has: 

  • Interfered with or disturbed other occupants or the landlord 
  • Affected the health, safety or rights of others 
  • Put the landlord's property at risk

Failure to repair damage 

The tenant does not repair damage to the rental unit or other residential property, as required under RTA: Section 32 within a reasonable time.

Government orders 

The rental unit must be vacant to follow an order of a federal, British Columbia, regional or municipal government authority.

Illegal activities 

The tenant or a person allowed on the property by the tenant has: 

  • Engaged in illegal activities that have caused or are likely to cause damage to the landlord's property 
  • Affected or is likely to affect the quiet enjoyment, security, safety or well-being of others 

Non-compliance with director's orders 

The tenant has not complied with an order from the director within 30 days of the later of the following dates:

  • The date the tenant receives the order
  • The date specified in the order for the tenant to follow the order

Non-payment of deposits 

The tenant does not pay the security deposit or pet damage deposit within 30 days of the due date. 

Occupancy violations 

There are an unreasonable number of occupants in a rental unit RTA: Section 13.2

Property damage 

The tenant or person allowed on the property by the tenant have caused damage to the rental unit or property. 

Violation of terms 

The tenant has: 

  • Failed to follow a material term or correct the situation after written notice from the landlord
  • Tried to sublet the rental unit without first written consent as required by RTA: Section 34
  • Given false information about the residential property to a prospective tenant or purchaser 

Third-party information leading to eviction 

Landlords may decide to evict a tenant based on information from a third party. This process usually involves the landlord gathering evidence and assessing its credibility. 

If a tenant is facing an eviction based off third party information, they should: 

  • Speak to the landlord directly 
  • Request details about the specific concerns raised by the third party 
  • Discuss any available recourse or other options 

For a full list of reasons for obtaining a one month eviction notice, review the RTA: Section 47

Tenants have 10 days dispute their eviction and apply for dispute resolution after receiving a one month eviction notice.


 Two month notice because tenant no longer qualifies for their subsidized rental unit

According to RTA: Section 49.1 of the Residential Tenancy Act, a landlord can give a Two Month Notice to End Tenancy (PDF, 178KB) – RTB Form 32Q to tenants if they live in a subsidized rental unit and they cease to qualify for the unit.

The Residential Tenancy Act defines a “subsidized rental unit” as a rental unit that is operated by or on behalf of a “public housing body” and occupied by a tenant who was required to demonstrate that they met eligibility criteria related to income, number of occupants, health or other similar criteria before entering the tenancy agreement. A “public housing body” is an organization listed in section 2 of the Residential Tenancy Regulation.

Tenants have 15 days to dispute their eviction and apply for dispute resolution after receiving a 2 month eviction notice.


Three month notice for purchaser occupancy of the rental unit

Important information for landlords ending a tenancy for purchaser occupancy of the rental unit:

If a purchaser of your rental property asks you to end a tenancy on or after July 18, 2024, because the purchaser or a close family member wants to occupy the unit, you must generate the Notice to End Tenancy using the Residential Tenancy Branch’s web portal.

According to RTA: Section 49 of the Residential Tenancy Act, a landlord can end a tenancy if the landlord has reached an agreement to sell the rental unit, all conditions of the sale have been satisfied, and the purchaser asks the landlord in writing to end the tenancy because the purchaser, or a close family member of the purchaser, wants to occupy the rental unit.

The Residential Tenancy Act defines a “close family member” as the purchaser’s spouse, or the parents or children of the purchaser or the purchaser’s spouse.

After ending the tenancy, the purchaser or their close family member must live in the rental unit for at least 12 months, beginning within a reasonable period after the effective date of the notice to end tenancy.

Three Month Notice to End Tenancy Generation

If a purchaser asks the landlord to end a tenancy because the purchaser or close family member wants to occupy the rental unit, the landlord must generate a Three Month Notice to End Tenancy for Purchaser's Use of Property – form RTB-32P using the Residential Tenancy Branch’s web portal. Notices that have been generated using the web portal will have a unique Notice ID in the top left corner.

  • Landlords using the web portal will need to provide their birthdate and the birthdates of related people, like the purchaser and person moving into the rental unit (if applicable). These birthdates are for internal RTB use only and will not be on the generated Notice. Be sure to have the birthdates on hand before completing the web portal.
  • An example of a generated form RTB-32P is available here

Tenants have 21 days to dispute their eviction and apply for dispute resolution after receiving a three month eviction notice.

Notice and Dispute Period Requirements for Notices to End Tenancy for Purchaser’s Use

Starting August 21, 2024, there are new requirements for ending a tenancy for purchaser’s occupancy of the rental unit. If a landlord generates a Notice to End Tenancy for Purchaser’s Use before August 21, 2024, the landlord must give four months’ notice and the tenant has 30 days to dispute the notice. If a landlord generates a Notice to End Tenancy for Purchaser’s Use on or after August 21, 2024, the landlord must give three months’ notice and the tenant has 21 days to dispute the notice.

 

Four month notice for landlord occupancy of the rental unit

Important information for landlords ending a tenancy for personal occupancy of the rental unit:

If you want to end a tenancy for landlord occupancy of the rental unit on or after July 18, 2024, you must generate the Four Month Notice to End Tenancy – form RTB-32L using the Residential Tenancy Branch’s web portal. For more information, see the notice to end tenancy generation section below. 

According to RTA: Section 49 of the Residential Tenancy Act, a landlord can end a tenancy if the landlord, or a close family member of the landlord, wants to occupy a tenant's rental unit.

The Residential Tenancy Act defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

After ending the tenancy, the landlord or their close family member, or the purchaser or their close family member, must live in the rental unit for at least 12 months, beginning within a reasonable period after the effective date of the notice to end tenancy.

Landlords are prohibited from ending a tenancy for personal occupancy if the rental unit is located in a building that contains 5 or more rental units and:

  • Is not strata-titled, or
  • Is strata-titled with 5 or more rental units owned by the same owner

Four Month Notice to End Tenancy Generation

If a landlord wants to end a tenancy for landlord occupation of the rental unit on or after July 18, 2024, they must generate a Four Month Notice to End Tenancy for Landlord’s Use of Property – form RTB-32L using the Residential Tenancy Branch’s web portal. Notices that have been generated using the web portal will have a unique Notice ID in the top left corner.

  • Landlords using the web portal will need to provide their birthdate and the birthdates of related people, like the purchaser and person moving into the rental unit (if applicable). These birthdates are for internal Residential Tenancy Branch use only and will not be on the generated Notice. Be sure to have the birthdates on hand before completing the web portal.
  • An example of a generated form RTB-32L is available here

Note: A landlord must generate their Notice to End Tenancy before 9 p.m. when generating the Notice on the last day of the rental cycle and they intend to serve the tenant in person before the next rental cycle begins. For example, say rent is due on the first of the month and the landlord generates the Notice on July 31, 2024, and intends to take possession on December 1, 2024. Notice must be generated before 9 p.m., and the landlord must serve the Notice to the tenant in person on July 31, 2024.

Tenants have 30 days to dispute their eviction and apply for dispute resolution after receiving a four month eviction notice.


Four month eviction notice for demolition or conversion of the rental unit

According to RTA: Section 49 of the Residential Tenancy Act, a landlord can give a Four Month Notice to End Tenancy for Demolition or Conversion of a Rental Unit (PDF, 845 KB) - #RTB-29 to tenants if the landlord has all the necessary permits and approvals required by law and plans to:

  • Demolish a rental unit
  • Convert the residential property into strata lots under the Strata Property Act
  • Convert the residential property into cooperative housing under the Cooperative Association Act
  • Convert a rental unit to a non-residential use, such as a store

When a landlord ends a tenancy for demolition or conversion, the tenant should receive an amount that is equal to one month’s rent compensation payable under the tenancy agreement.


Four month eviction notice for converting rental unit for use by caretaker

According to RTA: Section 49 of the Residential Tenancy Act, a landlord can end a tenancy if they have all the necessary permits and approvals required by law and plans to convert a rental unit for use by a caretaker, manager, or superintendent of the residential property.

When a landlord ends a tenancy to convert the rental unit for use by a caretaker, the tenant should receive an amount that is equal to one month’s rent compensation payable under the tenancy agreement.

If a landlord wants to end a tenancy to convert the rental unit for use by a caretaker on or after July 18, 2024, they must generate a Four Month Notice to End Tenancy for Caretaker Use – RTB-29C using the Residential Tenancy Branch’s web portal. Notices that have been generated using the web portal will have a unique Notice ID in the top left corner.

  • Landlords using the web portal will need to provide their birthdate and the birthdate of the caretaker, manager, or superintendent moving into the rental unit. These birthdates are for internal Residential Tenancy Branch use only and will not be on the generated Notice. Be sure to have the birthdates on hand before completing the web portal.

Note: A landlord must generate their Notice to End Tenancy before 9 p.m. when generating the Notice on the last day of the rental cycle and they intend to serve the tenant in person before the next rental cycle begins. For example, say rent is due on the first of the month and the landlord generates the Notice on July 31, 2024, and intends to take possession on December 1, 2024. Notice must be generated before 9 p.m., and the landlord must serve the Notice to the tenant in person on July 31, 2024.

Tenants have 30 days to dispute their eviction and apply for dispute resolution after receiving a four month eviction notice.


Four month eviction process for major renovations (Possession for Renovations) 

Landlords may end a tenancy for renovations or repairs if:

  • The renovations or repairs are necessary to prolong or sustain the use of the rental unit or the building in which the rental unit is located
  • The only reasonable way to achieve the vacancy needed to complete the renovations or repairs is to end the tenancy agreement

Effective July 1, 2021, if a landlord wants to end a tenancy for extensive renovations or repairs, they need to:

  1. Intend in good faith to renovate or repair the rental unit(s), and prove the only reasonable way to achieve the vacancy needed to complete the renovations or repairs is to end the tenancy agreement
  2. Obtain all necessary permits from local governments and approvals required by law
  3. Apply for a order of possession for renovations through the dispute resolution process to get an Order of Possession from the Residential Tenancy Branch

 Landlords need to apply here

Please note: You need to register for a Basic BCeID to access the link above.

 Register for a BCeID

If the landlord has completed all of the above, there will be a dispute resolution proceeding where an arbitrator will decide if the renovations are major enough to end the tenancy. Only then can the landlord present a 4-month Order of Possession, and the tenant should receive a compensation amount equal to one month’s rent payable under the tenancy agreement

Right of first refusal

In residential properties containing 5 or more rental units, tenants being evicted due to renovations or repairs have a right of first refusal to return to their unit once the renovations or repairs have been completed. If a tenant is interested in moving back into their rental after the renovation is complete, they should notify the landlord with a Tenant Notice: Exercising Right of First Refusal (PDF, 688KB) - RTB Form 28. The landlord must then re-write the tenancy agreement and give the tenant a 45 Day Notice of Availability (PDF, 675KB) - RTB Form 35 before renovations are complete. 


Twelve month eviction notice for converting a manufactured home park 

Landlords may serve a 12 Month Notice to End Tenancy for Conversion of Manufactured Home Park (PDF, 2.1MB) - RTB Form 31 when converting all or part of a manufactured home park to a different purpose. Before serving the notice, the landlord must have all required permits and approvals in place to convert the park to another type of residential use or non-residential use.

Tenants have 15 days after receiving a 12 month eviction notice to dispute their eviction and apply for a dispute resolution.


Resources


I need help