Residential Tenancies Branch

Section 7 

Notice of Termination

Sub-Section 7.11

Notice by A Tenant - Tenant Accepted Into Personal Care Home

Legislation

S. 93(1), The Residential Tenancies Act

Definitions

Personal care home: for the purpose of this subsection, a personal care home is a place where an individual receives nursing, personal assistance or supervision in their daily lives.  For example: a hospital in which a tenant receives personal care.

Policy

A tenant may give at least one rental payment period notice to move out, once they have been accepted into a personal care home. This applies to both month-to-month and fixed-term tenancy agreements

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Personal care may be delivered in a home of a relative, private home, hospital or personal care home.

A tenant is considered accepted into a personal care home when:

• they get notice from a personal care home that space is available;

• they are in the hospital waiting for space in a personal care home; or

• they are moving into the home of a relative permanently or temporarily, while waiting for space in a personal care home.

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A landlord who receives a notice from a tenant under this subsection may ask the tenant for a letter from their doctor to prove that the tenant can’t continue to live in their rental unit.

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If one tenant in a co-tenancy is accepted into a personal care home, the tenancy can be ended with notice of at least one rental payment period.  For example: A husband and wife share a rental unit, and the husband is accepted into a personal care home. If the wife doesn’t want to stay in the suite, she can give notice to end the tenancy.

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When a tenancy is ending, the Branch encourages a landlord and tenant to discuss move-out arrangements ahead of time.  For example: booking an elevator, if necessary; or setting up an appointment to complete a rental unit condition report. A tenant doesn’t have the right to stay in a rental unit beyond the last day of a notice period. If a tenant needs to stay in a rental unit until the first day of the next rental payment period, they must make special arrangements with the landlord.

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Procedure

Overview   

This policy is included as information for landlords, tenants and officers. If a tenant and landlord can’t agree on when the tenancy should end, they can ask the Branch for help.

Steps ▼   

1.   The officer encourages the tenant and landlord to share information, and       to discuss the problem, to try to come to an agreement.

2.   If the landlord and tenant do not agree on the notice to end the tenancy,       they can ask the Branch for help.

3.   The officer investigates the dispute and tries to help the tenant and       landlord mediate an agreement.

4.   If they can’t agree, the officer wil+l refer the file for a decision and Order.

Forms & Form Letters

Notice of Termination by Tenant
...............................................................Form 7/Residential Tenancies Regulation

X-Referencing

Policy Developed

September, 1992

Last Revision

July, 2010

Other Resources

None

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