Evicting tenants for repairs or renovations

Evicting tenants for repairs or renovations

Prepare to repair before issuing notice to end tenancy
Tuesday, April 16, 2013
By Lisa N. Mackie

When a British Columbia landlord faces repairs or renovations in a rental building, the decision to evict an existing tenant to conduct the repairs or renovations can be difficult.

Review the Residential Tenancy Act

Under Sec. 49(6), landlords are permitted to evict a tenant on two month’s written notice for the purpose of completing repairs or renovations.

However, not all repairs or renovations are treated equal. The law requires that before issuing a two month notice to end tenancy, the landlord must have all the necessary permits (required by law) to conduct the repairs or renovations, and the landlord must intend in good faith to renovate or repair in a manner that requires the suite to be vacant. The landlord is also obligated to compensate the tenant the equivalent of one month’s rent on or before the move out date.

Estimate the time to repair or renovate

The courts have recognized a tenant’s right to continue their tenancy and temporarily relocate during work that requires vacant possession.

In the case of Berry and Kloet v. British Columbia, the court recognized two dimensions to the vacant possession requirement: the renovations must be so extensive that they require an empty suite; and the landlord must prove the only manner to achieve an empty suite is by terminating the tenancy. If a tenant is willing to empty the rental suite for the duration of the work, then a two month notice to end tenancy is unlikely to be upheld.

Prepare the two month notice to end tenancy

Landlords must issue the two month notice to end tenancy on the prescribed form published by the Residential Tenancy Branch. If a landlord does not use the prescribed form, then the eviction will likely be overturned.

Address tenant queries

Landlords who issue a two month notice to end tenancy should expect questions from tenants regarding the nature and scope of the proposed work. As a result, in conjunction with issuing a two month notice to end tenancy, best practices include providing tenants with an information package detailing the anticipated work and the reasons behind the proposed repairs or renovations. By keeping the door open for information requests, landlords can often close the matter off to future disputes.

Identify opportunities for dispute resolution

In the event a tenant disputes a two month notice to end tenancy, landlords should consider opportunities for early resolution. A dispute resolution hearing with the Residential Tenancy Branch is considered to be a last resort for landlords and tenants to resolve disputes. If alternative remedies exist that would facilitate the repairs or renovations in the suite without evicting the tenant, or if the landlord and tenant can make a mutual agreement to end tenancy that facilitates alternative move out arrangements (for example, the provision of additional moving time or compensation to the tenant), then these options should be explored before going to the Residential Tenancy Branch.

Repair or renovate within a reasonable period of time

Once a tenant moves out, landlords have an obligation to deliver on their demand. If a landlord does not take steps toward the purpose for which the eviction notice was given within a reasonable period of time, or if the suite is not used for the stated purpose for at least six months, then a tenant is entitled to additional compensation equivalent to two months rent. As landlords are well aware, the cost of repairs and renovations can sometimes go over budget, so don’t let this expense become a part of the final bill.

Lisa N. Mackie is a lawyer with Alexander Holburn Beaudin & Lang LLP. She can be reached at [email protected].

Leave a Reply

Your email address will not be published. Required fields are marked *