What to know about evictions and renovictions

Your landlord can only evict you by giving you a proper notice to end tenancy. If you don’t get proper notice, you don’t have to move out. (“Proper” here means what the law says is required.) There are different notice forms required for different situations. Your landlord must use the correct form. And there are rules about how and when a landlord can give you notice.

Even if you’re served a proper eviction notice, you don’t have to go just yet. An eviction notice is not an order to leave that same day. The notice should say the date you must move out by (the “effective date”). Sometimes the timeline is quite short. There are steps you can take to stay, such as disputing the notice.

Sometimes landlords try to evict you outside of the rules. This might include telling you to leave verbally or by text, giving a false or made-up reason for eviction, or pressuring or coercing you to leave without giving notice. If your landlord is acting improperly, reach out for help. You can start by reaching out to the Tenant Resource & Advisory Centre or calling a community legal clinic (see who can help, below).

We have step-by-step guidance on dealing with the threat of eviction. It includes more on the rules your landlord must follow, tips on how to spot an illegal eviction, and practical things you can do to fight the eviction.

"Our electrical system started having serious problems. The power kept going out at random times. We reported it over and over. The building manager would smile and say things like 'If you don't like it, plenty of others will take your spot.' He'd laugh, like it was a joke. But we knew what he meant — keep quiet or you’re out. It took six months before they finally sent an electrician. Within weeks, we got an eviction notice. The landlord said they were taking our unit off the rental market and selling it. It felt like retaliation. Is this even legal?"

– Ferdinand, Duncan, BC

The law says a landlord can’t evict you just because you’ve had a disagreement or because they want more rent. They must give you a valid reason that’s recognized under the law. We unpack some of the most common reasons below. 

"We’ve lived here for 10 years, raising our kids and knowing everyone on the block. When the developer bought our building, they promised we could move back at a discount, but even that would be much higher than our current rent. Costs for everything else are rising too — coffee, groceries, local shops. 

Some families like ours may manage, but many neighbours — seniors, workers, families with pets — worry they’ll have to leave the city. Seeing long-term homes replaced with luxury condos and new amenities makes it feel like we’re losing more than buildings. We’re losing our community.”

– Betina, Vancouver, BC

Some cities in BC have local policies that give tenants extra protections when they're being forced out because of redevelopment. These are often called tenant relocation or tenant assistance policies. They are meant to protect tenants and communities from displacement and increased costs. The plans provide tenant protections beyond those under the Residential Tenancy Act. The Tenant Resource & Advisory Centre has a list of tenant relocation and protection policies in cities across BC.

These policies differ from city to city, and even across plans in the same city. Some plans offer more protections than others, and cities take different approaches to helping displaced tenants. Below are some key features of some (but not all) plans. 

• Compensation to reduce the burden of relocation. Most cities require landlords to pay you several months' rent when they displace you for redevelopment. The compensation is meant to cover the rent gap between your original unit and the unit you’ve moved to while you wait.

• Help with moving expenses. Many cities require landlords to pay for your moving costs, like a moving truck, movers and packing supplies. The landlord may have to give you money directly or pay a moving company to move your belongings. Only a few cities require help for both moving out and moving back in.

• The right to come back. This is called the right of first refusal. Provincial law already gives you the right to return to a redeveloped building if your tenancy was ended for renovations. Many cities add extra protections. Most commonly, they require the landlord to offer some tenants a unit below market rent, but not always.

• Extra help if you need it. Most cities recognize that some tenants may face extra barriers and need more support during a move. This could include help with packing, connections to health services, or other assistance based on what you need. Cities usually don't require you to prove you need extra help — but you’ll have to fill out some paperwork. 

Not all cities or redevelopments have relocation plans. If you live in a redevelopment zone, eligibility under a plan might depend on how long you’ve lived there or the type of rental building you live in. Contact your local government to find out what protections exist where you live.

An eviction notice is based on the landlord’s version of what has or hasn’t happened. If you don’t agree with the notice, it’s usually a good idea to dispute it with the Residential Tenancy Branch.

At the hearing, it’s on your landlord to prove they are legally allowed to evict you. You’ll also get the chance to tell your side of the story. If your dispute is successful, you don’t have to move out. It’s normal to feel nervous or scared at the thought of taking on your landlord and engaging in a legal process. The dispute process is designed for people to navigate without the use of a lawyer. 

We have more on dealing with the threat of eviction: here, we walk you through how to dispute eviction notices with Residential Tenancy Branch, and tips to help overcome barriers to disputing an eviction.

Deciding what you want to do

Receiving an eviction notice can be overwhelming and frightening — especially when it’s clear that a landlord has more money, time, and legal know-how than you. If you’ve received notice, take a deep breath and try your best to gather your thoughts. To make an informed decision, connect with a legal advocate or a legal clinic. Once you have a solid understanding of the situation and your rights, focus on the outcome you want. 

At the end of the day, if you decide it’s too much trouble to take this on with your landlord, that’s your decision. There are supports you can reach out to to find emergency and alternative housing, which we cover below.

If a legal eviction is inevitable

If you truly cannot avoid a legal eviction, you can try to ensure a smooth move-out. For example, your landlord may be willing to give you a good reference for future tenancies. Focus on securing your move-out rights. This includes doing a final inspection of the unit, returning keys, and settling any outstanding financial matters. We discuss these more here.

If the arbitrator decides against you after your dispute resolution hearing, they'll give your landlord an order of possession. This is the legal document that says you must move out. The arbitrator decides how much time you get to leave.

You won’t have much time to move out

"I lost my dispute and have seven days to move out. I'm blind and my beautiful guide dog Hugo helps me get around. Even though it’s discrimination for a landlord to turn me away because of my dog, the reality is that it's always taken me much longer to find a landlord who will rent to me. I know that seven days isn't enough time — I'm going to flag that to the arbitrator and ask for more time."

– Kit, Burnaby

The Residential Tenancy Branch’s policy says that the standard timeline on an order of possession is seven days. That’s the amount of time you have to move out after you receive the order. However, the arbitrator can give you more or less time depending on your situation. They'll consider things like:

• How long you've lived in the unit. If you've been there for many years, you may need more time to move.

• Whether you've paid your rent up to date.

• Your personal circumstances. 

• Whether you and your landlord can agree on a reasonable move-out date together.

In certain situations, such as where the landlord argues there’s an immediate risk to safety, the timeline can be as short as two days. 

During the hearing, you can flag to the arbitrator that you’ll need more than seven days to move, should you lose the dispute. Don't be afraid to speak up about what you need. The arbitrator wants to understand your circumstances. Explain your situation honestly. Tell them about any challenges that would make moving quickly very difficult — like your health, your children's school schedule, finding accessible housing, or your financial situation. The arbitrator has the power to give you a reasonable amount of time based on what you're dealing with.

If your landlord wants to get you out of the unit, they must follow a legal process. They can’t simply change the locks or come in and force you out themselves. 

The legal process starts with the landlord getting an order of possession. This is an order issued by the Residential Tenancy Branch that gives the landlord the right to have possession of the rental unit. The landlord can get an order of possession if you dispute an eviction notice and lose. They can also get one if they’ve given you notice and you don’t move out on time.

The order of possession states the deadline for you to be out of the unit. If you don't leave by that date, the landlord can go to the next step in the legal process, explained here. It involves going to court to get a writ of possession, and asking the court to assign a bailiff to remove you. 

Getting forcefully evicted by a court-approved bailiff can be distressing. It’s not a great idea to wait until this happens. As well, if you stay past the listed move-out date on a proper eviction notice and the landlord has to take further action, you may end up owing the landlord some money.

You have options to challenge an order of possession

If you think the arbitrator made a serious mistake in granting the order of possession, you have two days from when you receive the order to apply for a review by the Residential Tenancy Branch. This is called review consideration. Your landlord cannot take steps to force you out if you’ve applied for review and you’re waiting on the outcome. 

You also have the option to file for a judicial review of the Residential Tenancy Branch’s decision. These options are explained here. The Community Legal Assistance Society may be able to provide you with advice and legal help.

Be honest with yourself about what's realistic — formal legal options require a lot of paperwork, time, and often money for legal fees. A practical way to approach this is to ask your landlord to give you extra time to move out. Explain why you need the extra time to move. Get any agreement in writing so you both have a record of what was decided.

If you’ve been evicted, it might feel impossible to find a home you can afford. Factors like having young children or a pet, being a smoker, relying on public transit, or living with mental illness or addiction can make this especially hard.

If you find yourself with nowhere to go, you can call 211. They can connect you with someone who can tell you how to access emergency housing. You can also contact BC Housing directly about their emergency shelter program. 

To find affordable housing, you can try reaching out to a local non-profit that works towards ending homelessness. The staff at local community libraries are often happy to help point you to these and other housing resources in your community. 

BC Housing has an initiative aimed at providing individuals in identified at-risk groups with rent supplements and support services to help them access rental housing. If you apply for any programs with BC Housing, you may want to call back every six months or so to keep your application active.

If you don’t pay your rent in full on the day that it is due, the landlord can give you a 10-day eviction notice. If you haven’t paid your utilities in time, the landlord can give you a written demand to pay. If you don’t pay up within 30 days, the landlord can give you a 10-day eviction notice.

If you receive this type of notice, you have five days either to pay all the rent owing — which cancels the notice — or to apply for dispute resolution. Otherwise, from the moment you receive the notice you have 10 days to move out.

If you’re worried you won’t be able to pay rent on time, you can ask your landlord for a grace period beyond the strict timelines required by the law. Here, we offer guidance and a template letter.

A landlord can give you a one-month eviction notice "for cause." The law sets out the specific situations where a landlord can end a tenancy because of something the tenant did, or didn’t do. You have 10 days to dispute this type of notice.

A common cause is a pattern of late rent payments. The general rule is that if you make three late payments within a year, your landlord can give you an eviction notice for cause. It’s important to know that this general rule is a minimum number. If you dispute the notice, the arbitrator must consider whether the late payments have been significant enough to justify the end of the tenancy. 

Other reasons your landlord can try to evict you for cause: you’ve unreasonably disturbed other occupants, you’ve caused extraordinary damage to the rental unit, or they think you have an unreasonable number of people living in the unit. (Many people share homes with extended family or a close community of people. What a landlord calls "overcrowding" may not feel fair or practical to you. Unfortunately, your landlord may still try to use it as a reason to evict you.)

Or the landlord might claim you've been doing something that is against the law or damages the building or puts other occupants in danger. Or you've broken a material term (a very important rule) in the tenancy agreement and ignored the landlord's written notice.

If the landlord plans to use the rental property for themselves or a close family member, they can give you a three-month eviction notice. This may happen if the landlord sells the rental unit, too. The landlord can give you a three-month notice on behalf of the person who bought the unit.

You have 21 days to dispute either of these notices. We have step-by-step guidance on dealing with a landlord’s use eviction. 

"Renoviction" is a term used to describe an eviction that is carried out to renovate or repair a rental unit. Tenants use this word when landlords claim they need to renovate, but really they want to evict long-term tenants and charge new people a lot more in rent.

In BC, a landlord can seek to evict you in order to do major renovations that require a unit to be empty for an extended period. That said, unlike other types of evictions, the landlord can’t just serve you with an eviction notice. They must ask the Residential Tenancy Branch for permission to evict you. They do this by applying for an order of possession. The branch will schedule a hearing, where the landlord will have to prove that:

• the renovations are necessary to prolong or sustain the use of the rental unit (and not just something’s that’s “nice to do”),

• the rental unit must be vacant to complete the renovations,

• ending the tenancy is the only way to complete the renovations, and

• they already have all the necessary permits and government approvals in place to do the work.

If the branch says it is okay to do the renovations, you have four months from the date of the arbitrator’s decision to move out of the unit. You’re also entitled to be paid one month’s rent. 

If, later on, you discover that the landlord has failed to follow through on their renovation plan within a reasonable time, they must pay you 12 months’ rent. You have to apply to the Residential Tenancy Branch to get this extra compensation.

Note that a fixed-term tenancy cannot be ended early for renovations or repairs. For example, if you are partway through a one-year lease, any attempt to evict you to renovate or repair the unit would not take effect until the one year was up. 

A landlord has the right to demolish a rental unit or convert it to condos or a non-residential use (such as a shop). The landlord (often a developer) must give you four months’ notice. You have 30 days to dispute it. 

The landlord must have all the necessary permits and approvals required by law. If your landlord issues a four-month notice to end a tenancy, you’re entitled to one month’s rent up front. 

If your landlord issues this notice, they must follow through on their demo or conversion plan. If they fail to take steps toward their plan within a reasonable time, they must pay you 12 months’ rent. You have to apply to the Residential Tenancy Branch to get this extra compensation.

These kinds of evictions are sometimes called “demovictions.” Often, the landlord is seeking to demolish a building or several buildings that contain multiple rental units to make way for bigger and newer builds. This can feel overwhelming, and it may seem like there's little you can do against a large developer. But you are not alone — reaching out and organizing with neighbours who are facing the same situation can make a real difference.