Selling a Tenant Occupied Property in BC

July 15, 2024

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On July 3, 2024, the Provincial Government announced significant changes that came into effect on July 18, 2024, to protect…

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On July 3, 2024, the Provincial Government announced significant changes that came into effect on July 18, 2024, to protect residential tenants from being evicted in bad faith. According to the Residential Tenancy Act, a landlord can end a tenancy for personal or caretaker use.

Changes already in effect include:

  • Prohibiting personal occupancy evictions in purpose-built rental buildings with five or more units;
  • Increasing the minimum landlord’s occupancy period from six months to 12 months, where a tenancy ends for the landlord’s use;
  • Prohibiting rent increases for additional occupants who are minors and making it an offence to do so; and 
  • Prohibiting a landlord from giving frivolous notices to end the tenancy. 

Changes coming into effect on July 18, 2024

  • Requiring landlords to use the new web portal to generate Notices to End Tenancy for personal occupancy;
  • Increasing the notice period that a landlord must give a tenant for eviction for personal use from two months to four months, and
  • Increasing the tenant dispute period from 15 days to 30 days.

When a tenanted property has been sold

After a property is sold, the buyer becomes the new landlord, and existing tenancies carry on under the same conditions. The buyer and the tenants are not required to sign a new tenancy agreement, but can do so if they agree. If neither the buyer nor the seller gives proper notice to terminate the tenancy, it continues under the terms of the original agreement.

Compensation for the tenant

When a landlord gives a two or four-month notice to end a tenancy, they must compensate the tenant with an amount equal to one month’s rent. This compensation should be paid on or before the effective date of the notice period. The landlord still owes the compensation even if the tenant gives notice to leave earlier. Alternatively, the tenant may choose not to pay rent in the last month of the tenancy instead of accepting payment from the landlord.

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Selling a Tenant Occupied Property in BC

Frequently asked questions

We speak English, not Legalese. If something sounds confusing, we’ll break it down so it actually makes sense. Every real estate question deserves a straight answer, so hit Ask Anything and we’ll give you clear guidance without the lawyer dictionary.

In British Columbia, if a landlord sells a rental property and the buyer intends to move in, or have a close family member move in, the tenant must be given at least three months’ written notice to end the tenancy. This notice must be served using the official Residential Tenancy Branch form and can only be issued after all subject conditions in the sale are removed. Tenants have 30 days to dispute the notice through the Residential Tenancy Branch if they believe it was issued in bad faith.

No, tenants are not required to leave during showings. Under BC tenancy laws, tenants have the right to the quiet enjoyment of their home while the tenancy is in effect. Landlords or their agents must provide proper written notice, typically 24 hours in advance, or obtain the tenant’s consent to enter the unit for showings or open houses. Tenants can choose to remain in the unit during these appointments if they wish.

Tenants cannot unreasonably deny access for showings, but they are not required to leave during them. Landlords must provide proper written notice (at least 24 hours in advance) and can only show the unit at reasonable times. If a tenant has a valid concern, such as an illness or a safety issue, they should inform the landlord in writing. Persistent refusal without a valid reason may be considered a breach of the tenancy agreement; in some cases, the landlord may seek to terminate the tenancy through the proper legal process.