Under the Residential Tenancy Act, landlords can evict tenants in order to conduct repairs and renovations on their properties.
However, there are specific circumstances where this is permitted and certain requirements and procedures must be followed.
First of all, landlords cannot evict tenants for just any repair or renovation – the work to be done must actually require the property to be vacant. Where an eviction is necessary, the landlord must:
- provide two months notice to the tenant
- have all the required permits approved
- pay the tenant one month rent as compensation
- ensure their eviction notice follows the requirements as set out by the Residential Tenancy Branch
- In cases where the tenant is willing to accommodate the landlord by temporarily relocating, an eviction would likely not stand should a dispute arise and be brought to court
In the event of a dispute, it is advised that landlords and tenants make every attempt to resolve it among themselves if possible. Where eviction is necessary, landlords should consider making reasonable concessions to facilitate the tenant’s move.
Finally, landlords are required to follow through on initiating the repairs and renovations once the tenant has moved out. Inaction may end up costing the landlord another two months of compensation to the tenant.
For more information and resources for property owners and managers, please contact us.
Source: “If it ain’t broke… : The do’s and don’ts of evicting tenants for repairs or renovations” by Lisa Mackie at Alexander Holburn Beaudin + Lang LLP (June 21, 2017).
