Attention Landlords and Tenants:
On November 1, 2023, the renovation moratorium expired. This means that as of November 1, 2023, a landlord may file a Form 6 Landlord Application for Approval for Renovations/Repairs with the Director of Residential Tenancy seeking to evict a tenant in order to repair or renovate a rental unit. Please review the following information to understand your rights and responsibilities under the Residential Tenancy Act.
FAQs – Evictions Served for Renovations
Evicting a Tenant to Complete Repairs/Renovations
In order to evict a tenant from a unit to complete repairs/renovations, landlords must follow these steps:
- 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.
- 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.
Tenant Right of First Refusal
If a landlord receives approval from the Rental Office to evict a tenant in order to repair or renovate a unit, once the repairs/renovations are completed, the tenant has a right of first refusal. This means that the landlord must give the tenant that was evicted the first priority to move back into the unit.
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).
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 compensation to the tenant for not complying with the Act.
Compensation Under the Residential Tenancy Act
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 (subsection 70. (1) of the Residential Tenancy Act) (OR) they must provide a similar unit to the tenant.
The tenant should receive compensation by the vacate date indicated on the eviction notice (Form 4B).
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 the repairs will only take two weeks, the landlord is required to compensate the tenant for two weeks, not a full month.
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.
If a landlord does not offer the tenant the opportunity to exercise their right of first refusal, the landlord may be required to pay the tenant 3 months’ rent and reasonable moving expenses.
Anyone with questions can call the Rental Office at 902-368-7878 (toll-free 1-800-501-6268) or email askrental@peirentaloffice.ca.