Can I be evicted if my landlord needs to complete repairs and/or renovations?
Yes, as of November 1, 2023, a landlord may file an application with the Director of Residential Tenancy to evict a tenant in order to repair or renovate a rental unit.
Important: A landlord must receive approval from the Director of Residential Tenancy in order to evict a tenant for repairs/renovations that are extensive enough that a tenant must leave the unit while the repairs/renovations are being completed.
What is the process to evict a tenant in order to repair and/or renovate a unit?
- The landlord must file a Landlord Application for Approval for Renovations / Repairs (Form 6) with the Rental Office.
- The Director of Residential Tenancy must approve the application filed by the landlord.
- Once approved, the landlord must provide the tenant with an Eviction Notice (Form 4B). The reason for eviction selected must be “to do repairs or renovations” (option (e) on the Form 4B). The landlord must provide the tenant with at least 6 months’ notice.
I’m a tenant and I received an Eviction Notice from my landlord in order to complete repairs/renovations. Can I dispute it? If so, how?
Yes, a tenant may dispute the eviction notice provided by the landlord. The tenant must file a Tenant Application to Determine Dispute (Form 2A) with the Rental Office within 1 month of receiving the eviction notice.
I’m a tenant, can I move back into the unit once the repairs/renovations are complete?
Yes, if you are being evicted because your unit requires repairs/renovations and the landlord has received approval from the Rental Office, the tenant has right of first refusal. This means that once the repairs/renovations are completed, the landlord must give the tenant that was evicted the first priority to move back into the unit.
If a tenant wants to move back in, what do they need to do?
If the tenant chooses to move back in, the tenant must give the landlord notice in writing before they vacate the rental unit (which means before the repairs/renovations are started).
What if the landlord doesn’t offer the tenant right of first refusal?
If the landlord does not offer the tenant the right of first refusal, the tenant may file a Tenant Application to Determine Dispute (Form 2A) with the Rental Office. The landlord may be required to pay the tenant 3 months’ rent and reasonable moving expenses for not complying with the Act.
Does the landlord need to provide compensation to a tenant if they are being evicted so that the unit can be repaired/renovated?
Yes, if a tenant is evicted because a landlord is completing repairs or renovations, the landlord must compensate the Tenant 1 months’ rent and reasonable moving expenses. This is set out in subsection 70. (1) of the Residential Tenancy Act. The tenant should receive this compensation by the vacate date indicated on the Eviction Notice (Form 4B) that was provided by the landlord. The vacate date is the day that the tenant must be out of the unit.
What if the repairs/renovations will take less than one month?
If a tenant is being evicted for less than one month (because repairs/renovations won’t take longer than that), and the tenant intends to move back in, the landlord must provide compensation to the tenant for the time they will be required to be out of the unit.
Example: If repairs will only take two weeks, the landlord is required to compensate the tenant for two weeks, not a full month.
What if the landlord doesn’t provide compensation?
If a landlord fails to give the tenant the required compensation by the vacate date, the tenant may file a Tenant Application to Determine Dispute (Form 2A) with the Rental Office to request that the compensation be paid.