Eviction for Cause

How can I evict my tenant for cause?

BC Landlord Guide- Eviction for Cause
How can I evict my tenant for cause?

A landlord may choose to issue a One-Month Notice to End Tenancy in any of the following circumstances:

  • A tenant failed to pay the security deposit or the pet damage deposit within 30 days of the date that it was required to be paid under the tenancy agreement;
  • A tenant has repeatedly failed to pay rent on time;
  • There are an unreasonable amount of occupants in the rental unit;
  • The tenant, or a person allowed on the residential property by the tenant, has:
    • significantly interfered with or unreasonably disturbed another occupant or the landlord;
    • seriously jeopardized the health or safety or a lawful right or interest of the landlord or another occupant, or
    • put the landlord’s property at significant risk;
  • The tenant or a person allowed on the residential property by the tenant has 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;
  • The tenant or a person allowed on the residential property by the tenant has caused extraordinary damage to a rental unit or to the residential property;
  • The tenant did not fulfill his obligation to repair damage to the rental unit or other residential property within a reasonable time;
  • The tenant has breached a material term of the tenancy agreement and has failed to correct the situation within a reasonable time after having been issued a written demand by the landlord;
  • The tenant claims to have or has assigned the tenancy agreement or has subleased the rental unit without first obtaining the landlord’s written consent;
  • The tenant has knowingly given false information about the residential property to a prospective tenant or purchaser viewing the residential property;
  • The rental unit must be vacated to comply with an order of a federal, British Columbia, regional or municipal government authority;
  • The tenant has failed to comply with an order issued by the Residential Tenancy Branch within 30 days of the later of (1) the date that that the tenant received the order and (2) the deadline for the tenant to comply as specified by the order.

The landlord’s notice is effective not earlier than one month after the date the tenant receives the notice and its effective date must be on the day before the day of the month that rent is normally due. For example, if a tenant’s rent is due on the first day of each month and the landlord intends to evict the tenant by July, the landlord may seek to terminate the tenancy on June 30th and, if so, will have to provide the tenant with their notice by May 31st.

Within 10 days of receiving the landlord’s notice, the tenant may make an Application for Dispute Resolution. Otherwise, the tenant is presumed to have accepted that the tenancy ends on the effective day of the landlord’s notice and must vacate the rental unit by that date.

In urgent situations when a landlord is seeking to end tenancy for cause but it is not practical or safe to have to wait until the effective date of the notice, the landlord may apply to the Residential Tenancy Branch for an order to end the tenancy earlier than the effective date of the notice.

Last revised: April 17, 2016

  • Landlords will often seek to end a tenancy on the basis that the tenant significantly interfered with or unreasonably disturbed another occupant or the landlord. It is important to note that in order to make a finding of significant interference or unreasonable disturbance, the interference or disturbance in question has to either be recurring in nature or otherwise very egregious. A similar analysis is undertaken, in the reverse, when the tenant makes a claim that their right to quiet enjoyment of the rental unit has been breached.
  • A material term is one that both parties agree is so important that even the most trivial breach gives the other party the right to put an end to the tenancy. Given its inherently subjective nature, a party who relies on a breach of a material term to end a tenancy should expect that the other party will likely contest such an end to the tenancy and, upon application to the Residential Tenancy Branch, will have an arbitrator determine whether the term should be considered “material”. The fact that a tenancy agreement states that a term is material will not be considered conclusive evidence to that end. Rather, an arbitrator will focus on the circumstances leading up to the creation of the agreement in order to determine the true intention of the parties.

This article explains in a general way the law that applies in British Columbia, Canada and is not a substitute for legal advice specific to your situation.