Eviction since the Tenant no longer qualifies for subsidized-housing

How can I evict a tenant if they no longer qualify for subsidized-housing?

BC Landlord Guide- Eviction since the Tenant no longer qualifies for subsidized-housing
How can I evict a tenant if they no longer qualify for subsidized-housing?

A landlord that rents a subsidized rental unit may issue a Two-Month Notice to End Tenancy (see below) if the tenant or another occupant ceases to meet the qualifying criteria for the rental unit.

Before issuing such notice, the following two conditions have to be met:

  • the tenancy agreement must explicitly permit eviction under such grounds; and
  • the rental unit must meet the definition of “subsidized rental unit” under the Residential Tenancy Act (the Act).

In order for the rental unit to qualify as a “subsidized rental unit” under the Act, the rental unit must be:

  • operated by a public housing body or on behalf of such a body; and
  • occupied by a tenant who was required to demonstrate that they or another proposed occupant met eligibility criteria related to income, number of occupants, health or other similar criteria before entering into a tenancy agreement in relation to the rental unit.

The Act recognizes only a limited number of entities as “public housing bodies”. These entities include:

  • the British Columbia Housing Management Commission (BC Housing);
  • the Canada Mortgage and Housing Corporation (CMHC);
  • the City of Vancouver;
  • the City of Vancouver Public Housing Corporation;
  • Metro Vancouver Housing Corporation;
  • the Capital Region Housing Corporation; and
  • Any housing society or non-profit municipal housing corporation that has an agreement regarding the operation of residential property with the government of British Columbia, BC Housing or CMHC.

Where the tenancy is on a month-to-month basis, the landlord’s notice is effective not earlier than two months 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 April 30th.

Where the tenancy is for a fixed-term, in addition to the rules described above, the effective date of the notice may not be earlier than the date specified as the end of the fixed-term.

Once served with a Two-Month Notice to End Tenancy, the tenant may challenge it by applying for dispute resolution within 15 days after receiving the notice. If the tenant fails to take any action within 15 days, 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.

Faced with such notice, the tenant may also choose to end a periodic tenancy (ex. a month-to-month tenancy) even earlier than the two-month notice period by giving the landlord at least 10 days’ written notice on any date that is earlier than the effective date of the landlord’s notice. Once this notice is issued, the tenant is only obligated to pay rent owing up to the effective date of the notice and any overpayment of rent must be refunded by the landlord.

In the earlier example where a landlord chooses to end the tenancy on June 30th by giving notice to their tenant on April 30th, a tenant may instead chose to move out on June 15th by giving the landlord a 10-day notice. If the tenant already paid rent for the entire month of June, the landlord will have to refund the rent paid for the second half of that month.

Last revised: April 17, 2016

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.