Residential Tenancies Branch
FACT SHEET
1. Not paying the rent on time
2. Not paying a security deposit
3. Default - other reasons
4. Landlord's use
Giving Notice: Information for Landlords
A landlord can give a tenant a notice to move out before their lease is up if the tenant is causing problems, or, if the tenant is not living up to their rental responsibilities. This notice must:
- be in writing
- give the date when the tenant must move out
- say why the tenant has to move
- give the address where the tenant lives
- be signed by the landlord
- include a statement that says the tenant can dispute the landlord's notice
The landlord must deliver the notice to the tenant in person. The landlord can also hand it to an adult at the tenant's residence.
How much notice do tenants have to get?
The length of the notice depends on the kind of problem.
1. Not paying the rent on time.
A tenant can be given notice if they are more than four days late in paying the rent. A landlord can ask a tenant to move out immediately.
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A notice for non-payment of rent must include:
- the tenant can dispute the landlord's notice; and
- if the tenant pays the rent, the notice is void, unless the landlord tells the tenant, in writimng, that they must still move out
- the amount of rent owed
- the date and time the tenant is to leave
- statements that say that:
2. Paying a security deposit with an NSF cheque
A new tenant can be asked to move out if they write a bad or NSF (Non-Sufficient Funds) cheque for a security deposit. The landlord may give the tenant five days’ notice to move out. The notice is cancelled if the tenant pays the deposit and any administrative costs within the five days. If the tenant promises to pay a security deposit after they move in, but then doesn't pay, the landlord can't give the tenant notice to move out.
3. Default - other reasons
Suppose a tenant:
- doesn't keep the rental unit reasonably clean
- damages the premises
- disturbs others in the complex or nearby properties
- changes the locks on their rental unit without the landlord's permission
- endangers the safety of others in the rental complex
- breaks a term of the tenancy agreement (an example might be a "no pet
rule")
- ignores an important house rule like "no barbecuing on the balcony"
- lets too many people live in the unit (this could violate a tenancy agreement or
health standards)
- misrepresents a rental unit to potential tenants or buyers
A landlord must give a tenant a written warning to correct a problem within a reasonable time. If it's not corrected, the landlord can ask the tenant to move out, and must give the tenant notice of one rental payment period. A rental payment period could be one week or one month.
In some situations, a landlord may be able to give a shorter notice. For example, if a tenant is causing extraordinary damage, the landlord can give five days’ notice. For specific information on giving notice, landlords should contact the branch.
4. Landlord's use
A landlord can ask a tenant to move out if:
- the landlord wants to move into the rental unit, or if they want a spouse,
parent, a spouse's parent or adult children to move in
- the rental unit is to be destroyed within six months of the end of the tenancy
- renovations are needed, and the tenant could not live in the unit while the work
is being done
- the rental unit is needed for another purpose, like a business - the unit
becomes a cooperative housing unit, where only members and shareholders
can live
The tenant must get notice of at least three rental payment periods. If there is a fixed term agreement, the notice must be for the last three months of the agreement. A landlord must also assist the tenant with the moving costs up to $350.00. Special notice must be given to tenants with school-age children. There are also special rules for tenants living in life lease complexes. Contact the Branch for more information.
What happens when a rental unit is sold?
If the person who buys the rental unit wants to live there, they must ask the landlord, in writing, to give the tenant notice to move out. The landlord has to give the tenant at least onemonth's notice. If there is a fixed term agreement, the landlord must give three months’ notice. The notice must be for the last three months of the agreement. If the tenant has school-aged children, there are special requirements for giving notice.
Again, the landlord must assist the tenant with moving costs up to $350.00.
For more information
This fact sheet is only a brief explanation. For more information contact:
The Residential Tenancies Branch
For Branch offices click here
