Month to MonthTenancy In BC

[Wayne]

I have a suite in my home that is currently rented on a month to month tenancy. Due to issues with the tenant, I am considering my options regarding eviction or terminating the lease.

Can a landlord in BC choose not to renew a (month to month) lease as a way to legally evicting or getting rid of a tenant ? If so, must I give 30 days notice in writing to the tenant ? I have the tenanct act, but am still unclear about this area.

Thanks in advance for your advice.



Wayne

 

[Goodstuff]

QUOTE (Wayne @ Jul 27 2010, 05:40 PM) I have a suite in my home that is currently rented on a month to month tenancy. Due to issues with the tenant, I am considering my options regarding eviction or terminating the lease.

Can a landlord in BC choose not to renew a (month to month) lease as a way to legally evicting or getting rid of a tenant ? If so, must I give 30 days notice in writing to the tenant ? I have the tenanct act, but am still unclear about this area.

Thanks in advance for your advice.



Wayne

In Alberta I believe month to month leases require 3 month`s notice. And you have to have a good reason.

 

[TomB]

Go to the BC gov website and read RTB form #33: http://www.rto.gov.bc.ca/documents/RTB-33.pdf

You can terminate the tenancy at the end of the lease and with 30 days notice FOR CAUSE only. (see the form for what cause you can use).

The only other way to terminate the tenancy at the end of the lease is if you specified in the lease that it is non-renewable. If you didn`t do that, then it automatically reverts to a month-to-month tenancy at the end of the lease, then you need the form 33 to end the agreement. (There are a few other ways - see the website under `how can a landlord end a tenancy`).

BC is very picky - and if your lease says something other than what the RTB allows - too bad, it takes precedence over your lease. You can also get some big fines for violating the RTB rules.

 

[TheVancouverLife]

In BC the approved reasons for ending a residential tenancy can be grouped under the following headings:

-Non-payment of rent (self explanatory)
-For cause (unpaid security deposit, subletting, illegal activity, etc.)
-Landlord use of property (renovating where vacant possession is necessary, eligible family member occupies the rental)

In each case of the above circumstances the notice must be at least 2 months and is effective on the later of:

- the last day of a later rental period or
- if there is a fixed term tenancy, on it`s expiry date

Finally a landlord who gives a tenant notice under Landlord`s use of property must pay the tenant on or before the effective date of the notice, an amount that is equivalent to one month`s rent.

Hope this helps ....

Alan