My dad's estate includes a rental property with tenants. As executor, what do I need to know?

Dealing with a rental property while grieving a parent adds complexity to an already difficult time. Feeling strong emotional ties to a family home is normal. That can exist alongside the fact that other people have also made a home there. It's also worth recognizing that your dad's tenants have built their lives there too — and the law reflects that.  

A tenancy continues even if a landlord dies

If a landlord passes away, the executor of their estate steps in as the landlord. BC's tenancy protections exist partly because renters are often in a more vulnerable position than landlords. That's as true when the landlord is an estate as when they're an individual.

Even if there was no written agreement, the tenants have a right to stay under their existing tenancy arrangement. In other words, you must honour the existing arrangement and comply with BC’s Residential Tenancy Act. Practically speaking, that means you:

• cannot enter the property without giving notice as required by the law

• can continue collecting rent but cannot increase it beyond the legal rental caps

• must maintain the rental property and respond to repair requests

• can only end the tenancy in line with the strict rules about evictions

Deciding what to do with the property

You can't tell the tenants to leave based on an emotional or family claim to the home. The tenants have a legal right to stay in their home. This can feel frustrating when you're trying to settle the estate, but these protections exist for good reasons. 

At the same time, you’re tasked with carrying out the instructions in your dad’s will. If you plan to transfer the property to a beneficiary or sell it to someone, you can only end the tenancy with proper notice and for certain reasons recognized under the law. We unpack some of the most common reasons here. If you don't follow these rules, the estate could face penalties or the tenants could challenge the eviction. This could delay settling the estate even more.

If you're unsure about BC's tenancy laws or your obligations, talking to a lawyer who handles residential tenancy matters can give you peace of mind. For example, they can let you know whether, when and how a close family member could move into the home.