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Legal Ease
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Experience:  Lawyer
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I have question in regard to tenant law in BC, Canada I

Customer Question

I have question in regard to tenant law in BC, Canada

I have standard BC (Canada) rental agreement which is month to month. My question is how soon should my landlord give me a notice prior asking me to move out? Should she notify me one month in advance, two weeks?

Also, how soon should I inform her if I decided to move out?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

Debra Thal :

Thank you for your question.

Before I begin I want to explain a bit about how the site works.

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As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Debra Thal :

For the landlord it depends on the reasons.

Debra Thal :

So what would they be?

Debra Thal :

Also, do you share a kitchen or bathroom with the landlord?

Customer:

No, I don't share anything. It is a condominium I rented four years ago. I am living there alone, and she is far far away at Langley.

Debra Thal :

So as the tenant you have to give one full month's notice in writing.

Debra Thal :

But the landlord needs grounds to evict you and the reason for the eviction will dictate how much notice is needed because there are different notice requirements for different grounds

Customer:

Well, We have no problem right now but I think the tension is forming. First of all, she didn't change her address at the mails that she is receiving. I hadn't told her anything but last year when we were renewing the contract, I asked her kindly after three years to change her mail, and I know why she doesn't want to do that! She got two set of mails, one property tax and one from RBC which she hold a mortgage. Presumably, she doesn't declare her rents as an income in her tax, and also she probably got this mortgage with less than 40 percent down payment which is not possible if you want to rent out your real estate. As a result hse is trying to create a fake believe that she is living here! so she completely ignored my request! so I had to push it and I said I know why you don't want to redirect your mail, but just ask the post office to redirect them for you, so you still keep the same address!! it is only 40!, but she said nothing a nd a bit later responded that I may sell the house this year, and I said no problem just let me know

Customer:

And a week ago she called me, and said your chq is bounced back, I said it is impossible the account had way more fund that the chq required! Any how I sent her cash via E-transfer right away; she got the money in 10 min.

Customer:

Again last night she texted me that would you check with your bank before I deposit the chq since I don’t want to deal with it!? I said there is no problem (She’s got 46 chqs with no problem in the past years!), but if you concern I can send you cash, and she responded sure since bank fines me for the bounced back chq. I responded it is weird, NSF payment is for the person who is not honouring his chq (Which I got none!) not the person depositing the chq, but I will send you the cash at the first of September.

Customer:

SO you got the picture, she is trying to be a pain in the neck! She didn’t know about e-interact transfer, but as soon as she figured out, she did all those scenarios to push me to give her cash since then there would be kinda no proof that she is renting here! Since she always says that I will you send you copy of our contract, but she would never done it!

Customer:

So I wanna know the rules around her authority just in case if she wants to surprize me?

Debra Thal :

I am sorry to hear this.

Debra Thal :

But it's not really about notice

Debra Thal :

She cannot simply evict you unless there are grounds.

Debra Thal :

She can evict you if she wants to move into the home herself.

Debra Thal :

She can evict you if you don't pay the rent.

Debra Thal :

Actually why not read this:

Debra Thal :

http://www.rto.gov.bc.ca/content/rightsresponsibilities/ending.aspx#195

Debra Thal :

This will show you what grounds she needs and then how notice works./

Customer:

Good to know that, it is very different range of time for notice! it is all depends what she is going to claim, the shortest one is unpaid rent, and the longest one is converting the residential place to something else, so out of curiosity, no landlords can say that I don't like you to be my tenant because of beacuse!?

Debra Thal :

No for sure not!

Customer:

But for the tenant is fixed one month notice, right?

Debra Thal :

Yes. It's one full clear month for any reason.

Customer:

and last question what if she doesn't follow with guidelines, what remedies do I have? should bring to her attention that she is not following the contract rules?

Debra Thal :

Yes that makes sense.

Debra Thal :

And if she breaches the rules and tries to evict you then you don't leave.

Debra Thal :

She will have to get an order and she won't be able to without proper grounds

Customer:

Alright, sounds good. Thank you so much for helping me out :)

Legal Ease, Lawyer
Category: Canada Law
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Experience: Lawyer
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Expert:  Legal Ease replied 1 year ago.

Thanks very much for the rating.

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And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

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