BC Tenancy Law FAQ (Residential Tenancy Branch – RTB)

Practical answers based on real disputes we handle at Bright Law. This page covers evictions (landlord use, cause, unpaid rent), compensation, repairs, renovictions, rent increases, RTB hearings, and judicial review in British Columbia.

Quick note: This is general information for BC residential tenancies. It isn’t legal advice. If you have a deadline, act now—RTB and court timelines are strict.

Eviction for Landlord Use

1) When can a landlord end a tenancy for personal or family use?

A landlord may end a tenancy so they or an eligible family member can move in, but only with a valid notice that meets the Residential Tenancy Act (RTA) requirements (often referred to alongside RTA s.49). The notice must be in the correct form, properly served, and for a genuine, or "good faith" purpose. The landlord is required to pay one month’s rent in compensation. RTB Policy Guidelines 2A and 2B provide guidance from the RTB about these types of ends to tenancies.

2) What if the landlord never actually moves in after evicting for “own use”?

If the stated reason wasn’t genuine or the landlord fails to occupy their unit as claimed, either within a reasonable period or time or for at least six (6) or twelve (12) months, depending on when the notice was issued, tenants can seek 12 months’ rent in compensation (commonly tied to RTA s.51). Evidence that the unit was re-rented, sold, or apparently left empty shortly after the eviction is often relevant. You can find out more about the compensation requirement by reviewing RTB Policy Guideline 50.

3) What is “12-month compensation” and how do I prove it?

It’s a statutory remedy when an “landlord's use” eviction turns out to be not genuine. It's an entitlement to compensation that was introduced into law in 2018, in order to deter landlords that intend to misue the law in order to end a tenancy, claiming that want to occupy the unit themselves. Generally, this entitlement flows after receiving and moving out pursuant to a proper Two, Four, or Three Month Notice to End Tenancy for Landlords Use of Property. If a tenant receives this type of notice and the tenant moves out pursuant to it, they are entitled pursuant to RTA s.51 to put the landlord to proof that they moved in within a reasonable period of time - generally around fifteen (15) days from the effective date of the notice - and stayed or occupied it for at least six (6) or twelve (12) months, depending on the type of notice you received. Although the onus is on the landlord to prove that they occupies the unit, tenants can provide useful evidence, which includes listing screenshots, lease ads, communications showing no intent to move in, and witness statements if available.

4) How much notice is required for landlord-use evictions?

Although the law has recently changed a couple of times, as of July 2025, you are required to generate a Three (3) Month Notice to End Tenancy for Landlord's Use of Property if a landord intends to move back into their property, or a Three (3) Month Notice to End Tenancy for Purchaser's Use of Property if the purchasers evict tenants upon purchase of a property.

Eviction for Cause

5) What counts as “cause” for eviction?

Typical grounds include repeated late rent, significant damage, unreasonable interference with others, or serious breaches of the tenancy agreement (often associated with RTA s.47). The landlord must show credible, specific evidence, if the notice is challenged.

6) How much notice do landlords need to give for cause?

It depends on the seriousness of the ground, as the RTB provides an option for landlords to bring an application to end a tenancy early, if it would be unfair to wait one month for the notice to become effective. Generally speaking, the notice period would be one month; unless your cause is unpaid rent, at which point you would need to provide a 10-day notice to end tenancy.

7) Can a tenant dispute an eviction for cause?

Yes—usually within 10 days of receiving the notice. Missing this window can be fatal to the dispute, so file promptly.

Eviction for Unpaid Rent

8) What is a 10-Day Notice to End Tenancy for Unpaid Rent?

If rent isn’t paid on time, even down to the cent (in theory), a landlord may issue a 10-Day Notice (commonly linked to RTA s.46). The tenant generally has 5 days to pay in full or apply to dispute. If the rent is paid in full, the notice is automatically cancelled. However, if the notice is disputed, the RTB will set a hearing where the onus is on the tenant to demonstrate why they were entitled not to pay rent. You can read more about this topic here.

9) If I pay within 5 days, does the 10-day notice get cancelled?

Yes—full payment within the 5-day “cure” period typically cancels the notice. Keep proof (receipts, e-transfers, banking records).

10) What if the landlord refuses payment during the cure period?

Document the attempt (emails, texts, bank proof) and file a dispute right away—don’t wait.

Compensation for Loss

11) What is “compensation for loss” at the RTB?

If one party’s breach causes the other to lose money, the RTB can award compensation (often argued under RTA s.67). Examples: moving costs after a wrongful eviction, hotel costs during uninhabitable conditions, or lost use of part of the unit.

12) What evidence helps win a compensation claim?

Receipts, invoices, photos, timelines, medical or expert notes (if relevant), and proof that the loss directly resulted from the breach. Consistent, dated documentation that is clearly organized and referrable wins cases.

13) Can tenants claim for loss of quiet enjoyment (harassment, repeated unlawful entry)?

Yes. Where interference is substantial and ongoing, tenants can seek remedies that may include compensation and/or rent reduction. Keep a log with dates, times, and impacts, but keep in mind that each case stands on its own, so simply because the RTB made the same decision before, the same outcome is not guaranteed (or determinative).

Repairs & Maintenance

14) Can I force my landlord to make repairs?

Yes. Landlords must maintain the home in a state that meets health, safety, and housing standards (commonly tied to RTA s.32). The RTB can order repairs and, where warranted, a rent reduction until repairs are completed. It will involve one (or more) RTB hearings.

15) What should I do before filing for repairs?

Notify the landlord in writing, give a reasonable time to fix the issue, keep dated photos/videos, and record all communications. This paper trail is crucial evidence.

16) Can I withhold rent to “offset” repairs?

Not unless the RTB orders it. Withholding rent without legal authority is risky and can lead to an eviction for non-payment. Read more about it in our blog post here.

Renovation or Demolition (“Renovictions”)

17) What is a renoviction and when is it allowed?

Ending a tenancy for substantial renovations (often cited under RTA s.49(6)) requires proof that the work truly can’t be done safely and reasonably with the tenant in place. Vague plans, cosmetic work, or convenience for contractors is not enough.

18) Do tenants receive compensation for renovictions?

Typically one month’s rent, and potentially more if the landlord fails to carry out the stated renovations in good faith (tenants may pursue 12-month compensation where facts support it).

Rent Increases

19) What is the legal rent increase limit in BC?

The Province sets an annual cap. Increases must use the proper form, be served correctly, and respect notice periods (commonly referenced with RTA ss.42–43). Over-cap increases without RTB approval are generally invalid.

20) What if I receive an over-limit rent increase?

You can dispute the increase and ask the RTB to set it aside. Bring the notice, your tenancy agreement, and any communications.

RTB Hearings & Process

21) How do I prepare for an RTB hearing?

Organize exhibits, label everything, and serve your evidence on time. Include timelines, receipts, photos, and witness statements. Follow the service rules—improper service sinks good cases.

22) Can I have a lawyer or advocate at my hearing?

Yes. Parties may be represented at all stages of RTB proceedings.

23) What if I miss my hearing or couldn’t attend for a valid reason?

You may be able to apply for a review if you meet the criteria and act quickly. Deadlines are short—move immediately.

Judicial Review (BC Supreme Court)

24) Can I appeal an RTB decision? What’s the timeline?

There’s no “appeal.” Instead, you may seek judicial review in the BC Supreme Court if there was a legal or procedural error. Timelines are strict (often around 60 days from the decision). Get legal advice promptly.

Need help? Bright Law (Vancouver) focuses on BC tenancy law. Call 604-207-5542 or book an appointment here.