Thinking of evicting your tenant for “personal use”? Think twice—the penalty could cost you a full year’s rent.
Under British Columbia’s Residential Tenancy Act (RTA), landlords can issue a three-month eviction notice when they or a close family member genuinely intend to occupy the rental property. However, when this landlord uses eviction provision is misused, the consequences are severe and financially devastating.
Real Consequences: RTB Hearing Results
Recently, my clients learned this lesson the hard way. After losing their Residential Tenancy Branch (RTB) hearing, they were ordered to compensate their former tenant with 12 months’ rent for a wrongful eviction. This bad faith eviction penalty wasn’t a minor financial inconvenience—it was a substantial blow that could have been avoided entirely with proper legal guidance.
BC Landlord Eviction Rules: What You Need to Know
The RTA BC imposes this steep landlord compensation penalty specifically to deter bad faith evictions. If you evict a tenant claiming personal use or owner’s use but then rent the property to someone else, sell it, or fail to occupy it as promised, you’re liable for compensation equal to 12 months’ rent.
Critical Warning for Buyers: Purchasing Property with Tenants in BC
Here’s where buying a tenanted property gets complex: new property owners can inherit eviction liability.
If the previous owner issued a landlord personal use eviction notice, and you—as the new purchaser—complete the sale seeking vacant possession and subsequently rent out the property, you become liable to the displaced tenants for 12 months’ rent. This wrongful eviction penalty follows the property in RTB disputes.
Protect Yourself: Landlord-Tenant Law Best Practices
Whether you’re navigating BC tenant eviction rules or buying property with tenants:
- Only use owner’s use evictions when genuinely occupying the property
- Purchasers: conduct due diligence about recent eviction notices
- Understand tenant rights BC before proceeding
- The RTB penalty risk isn’t worth it
The Residential Tenancy Branch takes wrongful evictions seriously, and so should you.
This article provides information only. If you have questions about BC landlord-tenant law, eviction disputes, or property purchases, contact George Lee Law.