What Landlords Must Know About Personal Use Evictions in BC
Many BC landlords know they can end a tenancy to move themselves or a close family member into a rental property. Fewer understand that the law doesn’t end when the tenant moves out. A recent case from my practice illustrates just how costly this misunderstanding can be.
The Rules Under the RTA
Under section 49 of BC’s Residential Tenancy Act, landlords may end a tenancy for personal use by serving a Three Month Notice to End Tenancy, which must be issued as a “generated notice” (Form RTB-32L) using the RTB’s online system. Tenants have 21 days to dispute the notice and are entitled to one month’s rent in compensation under section 51(1).
But here’s where section 51(2) becomes critical: the landlord—or their close family member—must accomplish the stated purpose within a reasonable period after the effective date of the notice, and must occupy the unit for a minimum of twelve months. Fail either requirement, and the landlord faces a mandatory award of twelve months’ rent to the former tenant—unless the landlord proves compliance or establishes extenuating circumstances.
My Client’s Costly Mistake
My client served proper notice, paid the required compensation, and waited for the tenant to vacate. So far, so good. But after the tenant moved out, my client delayed moving in for approximately two months.
When challenged by the former tenant at the RTB hearing, my client offered reasons for the delay: the weather was not good, and a small repair was needed before moving in.
The arbitrator was unpersuaded. These explanations were deemed insufficient to justify a two-month gap. The RTB ruled that my client had failed to occupy the unit within a reasonable period, and ordered compensation equivalent to twelve months’ rent.
The lesson is stark: vague excuses and minor inconveniences will not save you. If you cannot demonstrate a substantial, documented reason for delay, you will be held to account.
What the Law Says: “Reasonable Period” Is Fact-Specific
The Residential Tenancy Act does not define “reasonable period.” The RTB and the courts treat it as a fact-specific inquiry that depends on the evidence and circumstances of each case.
In Sefcikova v. Orca Realty Inc., 2024 BCSC 697, the BC Supreme Court emphasized this contextual approach:
“Section 51 of the RTA is silent on what constitutes a ‘reasonable period’ for a landlord to begin using the property for the stated purpose set out in the Notice. Consequently, when s. 51(2)(a) of the RTA is read in context, a reasonable period is that which is required to accomplish the stated purpose for ending the tenancy and consequently, it will vary depending on the circumstances.” (at para. 63)
The Court continued:
“It is usually considered to be a short amount of time, which the RTB suggests may be approximately 15 days, but depending on the reason and the circumstances surrounding the intended use by the Landlord, a much longer period may be reasonable.” (at para. 64)
The tenants appealed. In Sefcikova v. Orca Realty Inc., 2025 BCCA 174, the BC Court of Appeal dismissed the appeal, upholding the lower court’s finding that the landlords had occupied the property within a reasonable time based on the evidence. The Court also confirmed that “occupancy” need not mean a principal or primary residence—intermittent occupancy can qualify, depending on the circumstances.
What Won’t Work as an Excuse
My client’s case is a cautionary tale. The RTB expects landlords to act with purpose and urgency. The following types of explanations are unlikely to justify significant delays:
- Bad weather – Unless conditions are truly exceptional (e.g., a major storm causing property damage), routine seasonal weather is not a valid reason to delay for weeks or months.
- Minor repairs – Small fixes that could be completed in days, or that could be done while occupying the unit, will not excuse a lengthy delay.
- Personal inconvenience – Being busy with work, travel plans, or other commitments does not constitute a legitimate reason.
- Extended vacations – RTB Policy Guideline 50 specifically notes that planning an extended vacation during the occupancy period is generally not considered an extenuating circumstance.
What May Justify a Longer Period
Longer delays may be reasonable if supported by legitimate, documented reasons, such as:
- Substantial renovations required to update an older property
- Discovery of significant damage requiring repair before the unit is habitable
- Work that can only be completed efficiently in a vacant unit (e.g., full flooring replacement, major painting)
- Permit delays or unexpected issues arising during planned work
The key distinction is between minor inconveniences and genuine obstacles. The landlord must be able to demonstrate, with evidence, why the delay was necessary.
The Penalty Is Severe
Under section 51(2) and (3), if a landlord fails to move in within a reasonable period—or fails to remain for the required twelve months—the former tenant can apply to the RTB for compensation. The landlord must then prove either that they complied with the requirements, or that extenuating circumstances (events that could not reasonably have been anticipated and were outside the landlord’s control) prevented compliance.
If the landlord cannot meet this burden, the penalty is twelve months’ rent. For a unit renting at $2,500 per month, that is a $30,000 award to the former tenant.
The landlord’s subjective intention does not matter. Even if the landlord genuinely intended to move in, failing to actually do so within a reasonable time triggers the compensation requirement.
Practical Advice for Landlords
If you are considering ending a tenancy for personal use:
- Plan your timeline before serving notice. Be prepared to move in promptly after the tenant vacates—ideally within 15 days if no work is required. Do not serve notice until you are genuinely ready to occupy the unit.
- Do not rely on vague excuses. “Bad weather” and “small repairs” will not protect you. If you anticipate any delay, ensure you have substantial, documented reasons.
- Document any necessary work. If renovations are required, obtain permits, retain contractors, keep invoices, and maintain records demonstrating the work could not reasonably be completed while occupying the unit.
- Stay for the full twelve months. Extended vacations, prolonged work travel, or changes in personal circumstances are generally not considered extenuating circumstances.
- Keep evidence of occupancy. Utility bills, address changes, insurance documents, and dated photographs can all help prove compliance if challenged.
- Confirm the applicable rules. Notice periods have changed in recent years; verify the requirements based on the date your notice is served.
- Seek legal advice early. If you anticipate any complications, consult a lawyer before serving notice—not after you receive a claim for twelve months’ rent.
Conclusion
The right to end a tenancy for personal use under section 49 of the RTA is a legitimate tool for landlords, but it comes with strict obligations under section 51. While “reasonable period” depends on the facts, the RTB suggests approximately 15 days in straightforward cases—and as my client learned, vague excuses like bad weather and minor repairs will not justify a two-month delay.
Move in promptly. Stay for twelve months. Keep thorough records. And if in doubt, seek legal advice before serving notice—not after.
This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a qualified legal professional.
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