By George Lee Law Corp – Updated to reflect BC tenancy law changes as of June 2025
If you’re a landlord in British Columbia and you want to take back your rental for yourself or a close family member, the law now makes you move very carefully.
You can’t just hand your tenant a notice and expect them to leave.
You must:
- Use the new RTB online notice forms
- Give the correct notice period
- Pay mandatory compensation
- And handle the security deposit properly, including strict timelines and possible double-deposit penalties
Let’s walk through the rules in plain English.
1. When can you end a tenancy for “personal use”?
Under the Residential Tenancy Act (RTA), a landlord can end a tenancy for “landlord’s use” or “purchaser’s use” in these situations:
- You, as the landlord, plan to move into the unit, or
- Your close family member plans to move in (your spouse, your parent, your child, or your spouse’s parent or child), or
- A purchaser (new owner) or their close family member plans to move in
These situations fall under section 49 RTA and are explained in Policy Guideline 2A.
Two big conditions:
- The landlord or purchaser must be acting in good faith – they genuinely intend to live there, not just push out the tenant to raise the rent.
- In many purpose-built rental buildings with 5 or more units, “personal use” evictions are heavily restricted or barred.
If your property is in a larger rental building, get legal advice before doing anything.
2. How much compensation do you have to pay?
(1) The basic rule: at least one month’s rent
If you serve a valid notice to end tenancy for landlord’s use or purchaser’s use, you must pay the tenant an amount equal to one month’s rent.
This comes from section 51 RTA and Policy Guideline 50 (Compensation for Ending a Tenancy).
In practice, that means:
- You must pay one month’s rent on or before the effective date of the notice; or
- The tenant can withhold one month’s rent from their last month’s rent instead of you writing a cheque.
You can’t contract out of this.
If the notice is valid and not cancelled, that one month’s rent is simply part of the cost of taking the unit back.
(2) The bigger risk: up to 12 months’ rent if you don’t follow through
The real financial danger for landlords is not the one-month payment.
It’s the possibility of a twelve-month penalty.
If you end a tenancy for personal use and then do not actually use the unit as promised, your former tenant can apply to the Residential Tenancy Branch (RTB) for extra compensation.
Under section 51 and Policy Guideline 50, RTB can order you to pay 12 months’ rent if:
- You fail to use or occupy the unit for the stated purpose for at least 12 months, starting within a reasonable time after the effective date of the notice, and
- You cannot prove genuine extenuating circumstances (serious, unexpected events beyond your control)
A simple example:
- Monthly rent: $2,000
- Mandatory one-month compensation when you give notice: $2,000
- If you don’t follow through and you lose a later claim:
→ You could be ordered to pay another $24,000 (12 × $2,000), on top of your own moving and vacancy costs.
“Extenuating circumstances” means things like:
- The parent who moved in passed away unexpectedly
- The building was damaged by a fire or natural disaster
- An unforeseen medical or municipal issue made occupation impossible
It does not cover “I changed my mind” or “I found a better rental market.”
So before you serve a personal use notice, ask yourself honestly:
Am I really prepared to occupy this home (or have my family occupy it) for at least 12 months?
If the answer is “I’m not sure,” you are not ready to give the notice.
3. New forms and timelines after the 2024–2025 changes
BC has overhauled the process. You now must use the RTB online portal for personal use notices.
(1) The correct RTB forms
- For landlord’s use (you or close family moving in):
Use “Three Month Notice to End Tenancy for Landlord’s Use (RTB-32L)”, generated from the RTB online portal. - For purchaser’s use (buyer or buyer’s close family moving in):
Use “Three Month Notice to End Tenancy for Purchaser’s Use (RTB-32P)”, also generated online.
You should not:
- Handwrite a letter and call it a notice
- Use old PDF forms downloaded years ago
- Use the wrong RTB form
The online system creates a Notice ID, which becomes part of the case record.
If the form is wrong or the reason doesn’t fit the law, the notice is very vulnerable to challenge.
(2) How much notice must you give?
After the recent changes, the default rules are:
- Landlord’s use – for notices received on or after June 18, 2025:
→ You must give at least 3 full months’ notice. - Purchaser’s use – for notices received on or after August 21, 2024:
→ You must also give at least 3 full months’ notice.
The old 2-month or 4-month systems still matter in older disputes, but for new notices now, think very simply:
Personal use eviction = 3-month notice period.
(3) The tenant’s dispute deadline: 21 days
The key date is the “deemed received” date – when the law treats the notice as having been received, based on how you served it (in person, mail, etc.).
From that date, the tenant has 21 days to:
- Apply to the Residential Tenancy Branch for dispute resolution
- Ask an arbitrator to cancel the notice
The tenant can challenge:
- Your good faith (for example, saying you only want to raise the rent)
- Your legal right to use personal use in that type of building
- Problems with the form, dates, or service
If the tenant does not dispute within the 21 days:
- The notice generally stands; and
- You can apply for an Order of Possession.
If the tenant does dispute:
- An arbitrator hears evidence and decides if your notice is valid and in good faith.
If the notice is ultimately upheld, you still owe the one-month rent compensation.
4. What does “occupy” actually mean?
The law says you must “use or occupy” the unit for at least 12 months for the stated purpose. That has real content.
From the guidelines:
- You don’t have to sleep there every night
- It does not have to be your only home
- But your use must be substantial, genuine, and ongoing as a living space
Examples that typically count as occupation:
- You move in and clearly live in the unit
- You already live upstairs and take back a basement suite as part of your family’s home (more bedrooms, second living room, etc.)
- You live and work from home, using the unit as your main residence plus home office, as long as the primary use is still residential
Examples that generally do not qualify:
- Ending the tenancy and turning the unit into a short-term rental (e.g. Airbnb)
- Ending the tenancy and running a business with customer traffic (salon, clinic, daycare, etc.) instead of using it as a home
- Ending the tenancy and leaving the unit mostly vacant while you say you “might move in later”
If you evict for personal use, then quickly re-rent at a much higher rent or list the property online, your former tenant will likely notice, and RTB will look at that very closely.
5. Don’t forget the security deposit – the 15-day rule
Compensation and notices are only part of the story. After the tenant moves out, you still have to deal with the security deposit – and this is where many landlords get into trouble.
BC has a very strict 15-day rule.
Once both of these have happened:
- The tenancy has ended, and
- You have received the tenant’s forwarding address in writing
you have 15 days to do one of these three things:
- Return the full security deposit (plus interest) to the tenant; or
- Get the tenant’s written consent to keep some or all of the deposit (and return the balance with interest); or
- Apply to the Residential Tenancy Branch for dispute resolution to keep some or all of the deposit (for example, for damage, cleaning, or unpaid rent).
If you want to keep the deposit “for cause”, but the tenant will not sign written consent, you must file an RTB application within the same 15 days.
If you do not, you lose the right to treat the deposit as “your damage money.”
6. What happens if you don’t follow the 15-day deposit rule?
This part is the landmine. Many landlords don’t realize how harsh the law is.
If:
- The tenancy has ended; and
- You received the tenant’s forwarding address in writing;
but within 15 days, you do not:
- return the deposit with interest,
- get written consent to keep some/all of it, or
- apply to RTB to keep some/all of it,
then the consequences are serious.
(1) You lose the right to claim against the deposit
First, you basically forfeit your right to use the deposit.
Even if there is real damage, if you ignore the 15-day rule, RTB can say you no longer have any legal claim to that deposit.
(2) You may have to pay double the deposit
On top of that, the RTA and regulations say:
- The landlord can be ordered to pay the tenant double the amount of the security deposit (and/or pet deposit).
Example:
- Security deposit: $1,000
- You miss the 15-day deadline and don’t file an application
- The tenant applies to RTB
The usual result is: you’re ordered to pay $2,000 (plus interest on the original $1,000, plus the tenant’s filing fee).
So the casual mindset of “I’ll just keep the deposit, the place is messy” can turn into:
You not only lose the deposit, you end up paying an extra deposit’s worth on top.
(3) Any later monetary award is set off against the double-deposit rule
Some landlords later file an application for damages or unpaid rent after missing the 15 days.
Policy Guideline 17 explains that if you fail to comply with the 15-day rule and then later file a money claim, any monetary award in your favour will usually be:
- Set off against the double-deposit amount plus interest.
So even if an arbitrator agrees you are owed something, the double-deposit penalty is applied first.
You often still owe money to the tenant at the end of the calculation.
In other words:
RTB punishes the procedural breach first, then deals with your damage claim.
(4) The tenant can use a simpler “direct request” process
If you do not follow the 15-day rule, the tenant often can use RTB’s Direct Request process:
- A streamlined procedure where they can ask for double the deposit plus their filing fee, sometimes without a full oral hearing.
This makes it easier and faster for tenants to enforce their rights.
For landlords, it increases the enforcement risk.
(5) A pattern of non-compliance can hurt you later
Beyond the money:
- If you repeatedly ignore deposit rules or other parts of the RTA, it can damage your credibility in future RTB hearings.
- Persistent non-compliance can attract attention from RTB’s Compliance and Enforcement Unit, which can impose administrative penalties and enforcement orders.
So from a risk-management perspective, deposit handling is not a small detail. It is critical.
7. Quick checklists for landlords and tenants
For landlords – before you serve a personal use notice and after move-out:
- Is this type of property legally eligible for a personal use eviction?
- Are you genuinely prepared to occupy the unit (or have your close family occupy it) for at least 12 months?
- Can you afford to pay one month’s rent in mandatory compensation?
- Are you ready to prove good faith if the tenant disputes the notice?
- Are you using the correct RTB-32L or RTB-32P form generated from the RTB online portal?
- Do you understand you could face a 12-month rent penalty if you don’t follow through?
- When the tenancy ends and you receive the forwarding address, have you clearly marked the 15-day deadline to deal with the security deposit (return, written consent, or RTB application)?
For tenants – if you receive a personal use notice and have paid a deposit:
- Check the form: is it an online-generated Three Month Notice with a Notice ID?
- Note the deemed receipt date and count 21 days – that is your dispute window.
- Remember you are entitled to one month’s rent in compensation – either as a payment or by withholding your last month’s rent.
- After you move, pay attention to how the unit is used: if the landlord does not move in or quickly re-rents at a higher rent, you may have a claim for 12 months’ rent in compensation.
- When you move out, always provide your forwarding address in writing so the 15-day deposit clock starts.
- If the landlord does nothing within 15 days (no refund, no consent, no RTB application), you may be able to apply to RTB for double the deposit.
8. Final thoughts
In BC, using “personal use” to end a tenancy is no longer a casual option for landlords. It is a high-stakes legal process.
- The notice must be proper.
- The reason must be genuine.
- The one-month compensation is mandatory.
- The security deposit must be handled within 15 days after the tenancy ends and the forwarding address is received.
- Your actual use of the unit over the next 12 months can be examined in detail.
For tenants, these changes offer stronger protection and clearer remedies.
For landlords, ignoring the rules or taking shortcuts can be very expensive.
If you are thinking about ending a tenancy for personal use – or you’ve just received a personal use notice and you’re not sure what to do – it is wise to get legal advice based on your specific situation.
Legal Disclaimer
This article is provided by George Lee Law Corp for general information only. It does not constitute legal advice and does not create a solicitor–client relationship.
Residential tenancy law and policy in British Columbia change over time. The information above reflects legislation and policy guidelines as updated by the BC government as of June 2025, and may not remain accurate if the law changes.
Your situation may involve additional facts, exceptions, or procedural issues that are not covered here. Before you take any steps to end a tenancy, respond to a notice, or withhold or claim a security deposit, you should seek legal advice from a lawyer or obtain guidance from the Residential Tenancy Branch about your specific case.