Residential Tenancy Act - An Update in Landlord Use

Landlord's Use

A landlord may end a tenancy if the landlord, or a close family member of the landlord, intends to occupy a rental unit. The RTA defines “close family members” as:

• The landlord’s spouse; or

• The parents or children of the landlord or the landlord’s spouse.

A landlord that is a family corporation to end a tenancy if a person owning voting shares in the corporation or a close family member of that person intends to occupy a rental unit.

However, cannot be used to end a tenancy if:

• The rental unit is located in a building that contains five or more rental units and is not strata-titled; or

• The building is strata titled with five or more rental units and all units are owned by the same owner.

The landlord must give the tenant three months’ notice.

The landlord must ensure that the rental unit is occupied by the landlord or purchaser for at least 12 months beginning within a reasonable period after the effective date of the notice. Failure to do so would make the landlord or purchaser liable to pay the evicted tenant monetary compensation in the amount of 12 months’ rent, pursuant to RTA, Section 51(2).

Sale of a Property- Landlord's Use

The RTA also allows a landlord to end a tenancy if the landlord is selling the property and:

• The agreement to sell is made in good faith;

• All the conditions on which the sale depends have been satisfied; and

• The purchaser has asked in writing that the landlord give notice to the tenant that the purchaser, or a close family member of the purchaser, or if the purchaser is a family corporation a person owning voting shares or a close family member of that person, intends, in good faith to occupy the unit.
  
  The landlord must give the tenant three months’ notice