Insights and best practices for property managers

Reasons to terminate a Residential Tenancy Agreement

Under section 47(1) of the BC Residential Tenancy Act, a landlord may, at any time, give the tenant a notice of termination for the rental agreement if any one of the following eviction notice conditions has occurred:

Key Takeaways About Residential Tenancy Agreement Termination

  • The BC Residential Tenancy Act allows landlords to end tenancy agreements for specific violations and safety concerns.
  • Tenants must pay security deposits within 30 days or risk lease termination under provincial regulations.
  • Leasey.ai provides comprehensive guidance on residential tenancy agreement management and dispute resolution.
  • Landlords can terminate tenancy for repeated late rent payments or having too many occupants.
  • Illegal activities that affect property or other tenants' safety are grounds for immediate termination.
  • Property damage must be repaired by tenants within a reasonable timeframe to avoid eviction.
  • Written notice is required for material term violations before termination can proceed.

(a) the tenant does not pay the required security deposit or pet damage deposit within 30 days of the date specified in the tenancy agreement under the terms of the lease agreement;

(b) the tenant demonstrates a pattern of repeatedly late rental payments;

(c) the rental property contains an unreasonable number of occupants based on rental unit occupancy limits;

(d) the tenant or any person permitted on the residential property by the tenant has:

(i) significantly interfered with or unreasonably disturbed another occupant or the property manager of the residential property,

(ii) seriously jeopardized the health or safety or a lawful right or interest of the property owner or another occupant, or

(iii) put the rental property at significant risk;

(e) the tenant or a person permitted on the residential property by the tenant has engaged in illegal activity that:

(i) has caused or is likely to cause damage to the rental property,

(ii) has adversely affected or is likely to adversely affect the quiet enjoyment, security, safety, or physical well-being of another tenant of the residential property, or

(iii) has jeopardized or is likely to jeopardize a lawful right or interest of another resident or the property manager;

(f) the tenant or a person permitted on the residential property by the tenant has caused extraordinary damage to the rental unit or residential property;

Property Maintenance and Compliance Requirements

(g) the tenant does not complete necessary repairs to the rental unit or other residential property, as required under section 32(3) [obligations to repair and maintain], within a reasonable timeframe;

(h) the tenant:

(i) has failed to comply with a material term of the lease agreement, and

(ii) has not corrected the lease violation within a reasonable time after receiving written notice from the landlord;

(i) the tenant attempts to assign the tenancy agreement or sublet the rental unit without first obtaining the property owner's written consent as required by section 34 [assignment and subletting];

(j) the tenant knowingly provides false information about the rental property to a prospective tenant or purchaser viewing the residential property;

(k) the rental unit must be vacated to comply with an order from a federal, British Columbia, regional, or municipal government authority;

(l) the tenant has not complied with an arbitrator's order within 30 days of the later of the following days:

(i) the date the tenant receives the eviction notice;

(ii) the date specified in the order for the tenant to comply with the arbitrator's decision.

Important Information about Residential Tenancy Termination

  1. The standard notice period for terminating a residential tenancy agreement in BC varies from 10 days to 4 months, depending on the reason for termination and circumstances of the case.
  2. Property owners maintain the legal right to refuse subletting requests if they have reasonable grounds for the refusal.
  3. Three consecutive late rent payments typically constitute grounds for terminating a residential tenancy agreement.
  4. Providing false information about a rental property can result in immediate termination and financial penalties up to $5,000.
  5. Extraordinary damage refers to damage that exceeds normal wear and tear and requires significant repairs or renovation to restore the property.
  6. Landlords must provide at least one written warning and reasonable time for correction before proceeding with eviction.
  7. The termination process requires detailed documentation including dates, descriptions, and photographic evidence of violations.
  8. A maximum of 100% of the security deposit can be withheld if damage costs are proven with receipts and documentation.
  9. Residential tenancy agreement violations must typically be addressed within 14 days of receiving written notice.
  10. The legal occupancy limit is typically two persons per bedroom, though specific limits vary by municipality and unit size.