On March 25, 2020, the Government of B.C. announced a plan to support renters and landlords during the provincial state of emergency and help prevent the spread of COVID-19. The plan includes amendments to the Residential Tenancy Act which will be in effect for the duration of the provincial state of emergency.
The Residential Tenancy Branch has resources and a helpful FAQ on their COVID-19 and Tenancies page to support tenants and landlords to understand the changes in effect during the provincial state of emergency. This includes information that real estate professionals should be aware of, including:
Impacts for Buyers of Tenanted Properties
The Residential Tenancy Branch has provided the following information for seller/landlords who have agreed to provide vacant possession to buyers in their contract of purchase and sale:
“During the state of emergency, landlords cannot issue new Notices to End Tenancy and existing orders will not be enforced. This includes situations where a new buyer has required vacant possession. Tenants that had intended to move and have now decided to remain in their unit during the state of emergency should let their landlord know as soon as possible.”
Showing Tenanted Properties
A rental unit cannot be entered to show the unit to prospective tenants or buyers without the consent of the tenant.
Evictions
During the provincial state of emergency, evictions are no longer permitted, except in exceptional circumstances. A landlord is not currently permitted to provide a notice to end tenancy for:
unpaid rent or utilities
cause
landlord or purchaser use
end of employment as a caretaker, or end of employment if the rental unit is being rented as a condition of employment
demolition, renovation, and conversion of a rental unit (or closure of a manufactured home park)
failure to qualify for a rental unit in subsidized housing.
A landlord may still apply for an exception to end a tenancy when the tenant or a person permitted on the residential property by the tenant has:
significantly interfered with or unreasonably disturbed another occupant or the landlord of the residential property;
seriously jeopardized the health or safety or a lawful right or interest of the landlord or another occupant;
put the landlord's property at significant risk;
engaged in illegal activity that has caused or is likely to cause damage to the landlord's property,
has adversely affected or is likely to adversely affect the quiet enjoyment, security, safety or physical well-being of another occupant of the residential property, or
has jeopardized or is likely to jeopardize a lawful right or interest of another occupant or the landlord;
caused extraordinary damage to the residential property, and it would be unreasonable, or unfair to the landlord or other occupants of the residential property, to wait for the emergency order to end, or when
the rental unit must be vacated to comply with an order of a municipal, provincial or federal authority, or
the rental unit is uninhabitable, or the tenancy agreement is otherwise frustrated.
For further information about the emergency measures now in effect, please visit the Residential Tenancy Branch’s COVID-19 and Tenancies webpage.
The Residential Tenancy Branch has resources and a helpful FAQ on their COVID-19 and Tenancies page to support tenants and landlords to understand the changes in effect during the provincial state of emergency. This includes information that real estate professionals should be aware of, including:
Impacts for Buyers of Tenanted Properties
The Residential Tenancy Branch has provided the following information for seller/landlords who have agreed to provide vacant possession to buyers in their contract of purchase and sale:
“During the state of emergency, landlords cannot issue new Notices to End Tenancy and existing orders will not be enforced. This includes situations where a new buyer has required vacant possession. Tenants that had intended to move and have now decided to remain in their unit during the state of emergency should let their landlord know as soon as possible.”
Showing Tenanted Properties
A rental unit cannot be entered to show the unit to prospective tenants or buyers without the consent of the tenant.
Evictions
During the provincial state of emergency, evictions are no longer permitted, except in exceptional circumstances. A landlord is not currently permitted to provide a notice to end tenancy for:
unpaid rent or utilities
cause
landlord or purchaser use
end of employment as a caretaker, or end of employment if the rental unit is being rented as a condition of employment
demolition, renovation, and conversion of a rental unit (or closure of a manufactured home park)
failure to qualify for a rental unit in subsidized housing.
A landlord may still apply for an exception to end a tenancy when the tenant or a person permitted on the residential property by the tenant has:
significantly interfered with or unreasonably disturbed another occupant or the landlord of the residential property;
seriously jeopardized the health or safety or a lawful right or interest of the landlord or another occupant;
put the landlord's property at significant risk;
engaged in illegal activity that has caused or is likely to cause damage to the landlord's property,
has adversely affected or is likely to adversely affect the quiet enjoyment, security, safety or physical well-being of another occupant of the residential property, or
has jeopardized or is likely to jeopardize a lawful right or interest of another occupant or the landlord;
caused extraordinary damage to the residential property, and it would be unreasonable, or unfair to the landlord or other occupants of the residential property, to wait for the emergency order to end, or when
the rental unit must be vacated to comply with an order of a municipal, provincial or federal authority, or
the rental unit is uninhabitable, or the tenancy agreement is otherwise frustrated.
For further information about the emergency measures now in effect, please visit the Residential Tenancy Branch’s COVID-19 and Tenancies webpage.