Selling property when you have tenants

When a rental property is being sold, both the landlord and tenant have rights and responsibilities under the Residential Tenancy Act (RTA).

When a rental property is being sold, both the landlord and tenant have rights and responsibilities under the Residential Tenancy Act (RTA).

Showing the property

s.29 RTA

Before showing the rental unit, the landlord must have the tenant’s agreement or give the tenant proper written notice that states the date, time and reason for entry. The tenant must receive the notice at least 24 hours, and not more than 30 days, before the time of entry.

Ideally, a tenant and landlord agree on a schedule of viewing times to include in a single notice. Otherwise, the landlord must give the tenant notice each time before showing the rental unit.

When notice has been given, the landlord can show the rental unit even if the tenant is not home. A landlord may enter common areas of the property at any time without giving the tenant notice.

The landlord must keep in mind that a tenant is entitled to reasonable privacy and freedom from unreasonable disturbance. A notice indicating showings will take place daily from 9 a.m. to 9 p.m. for a three-week period would be unreasonable.

A lockbox cannot be used without the tenant’s permission.

Purchaser wants

to live in the unit

When the new owner, or a close family member of the new owner, intends to live in the rental unit, the Two-Month Notice to End Tenancy can be served before the purchaser takes possession of the property, but only after all the conditions of sale have been removed (service of the notice should not be a condition of sale).

The new owner must make the request in writing to the landlord before notice can be served. A “close family member” is defined in the RTA and includes the father, mother or child of the landlord or the landlord’s spouse. If a family corporation owns the rental unit, then a close family member would include an individual who owns, or whose close family member owns, all the voting shares.

Purchaser wants

to use the rental unit

for another purpose

The tenant can be served a Two-Month Notice to End Tenancy after the title of the property has been transferred and all required government permits and approvals are in place when the purchaser intends to:

1 Demolish the rental unit or do major repairs or renovations that require the building or rental unit be empty.

2 Convert the rental unit to a strata property unit, a non-profit co-operative or society, or a not-for-profit housing co-operative under the Cooperative Association Act.

3 Convert the rental unit to non-residential use, such as a shop.

4 Convert the rental unit into a caretaker’s premises.

Giving notice on

a periodic tenancy

For a month-to-month tenancy, or a periodic tenancy with a different period, the landlord must give the tenant a Two-Month Notice to End Tenancy. The tenant is also entitled to financial compensation equal to one-month’s rent (s. 51 RTA).

A tenant can end the tenancy earlier by giving the landlord at least 10-days written notice and paying the rent up to, and including, the planned move-out date.

* Petra Barnfield is housing advocate with Kuu-us Crisis Line Society.

Just Posted

City of Port Alberni cancels tourist train operations for 2019

Steam train to McLean Mill is out of commission for repairs; city wants to re-examine rail costs

BUSINESS BEAT: New board room at Steampunk Café has nautical flair

Teresa Bird writes about business happenings once a month in the Alberni Valley News

ARTS AROUND: Artists invited to exhibit work at Port Alberni gallery

The Rollin Art Centre is now accepting applications for the 2020 calendar year

Port Alberni millwright brings Beatles’ iconic yellow submarine to life for ice show

Beatlemania is set to take the ice on Saturday, Feb. 23 at the Alberni Valley Multiplex

Vancouver measles outbreak prompts vaccine vigilance on Island

No cases here yet, but Island health authorities push measles vaccinations - and not just for kids

Students give two thumbs up to no more B.C. student loan interest

Eliminating the loan interest charges could save the average graduate $2,300 over 10 years

Ontario man accused of killing 11-year-old daughter dies in hospital, police say

Roopesh Rajkumar had been hospitalized with what police described as a self-inflicted gunshot wound

Manitoba ‘pauses’ link with ex-B.C. premier Gordon Campbell after allegations

Campbell had been hired to review two major hydro projects

Heritage minute features Japanese-Canadian baseball team, internment

The Vancouver Asahi baseball team won various championships across the Pacific Northwest

UPDATE: Woman, off-duty cop in critical condition after stabbing outside B.C. elementary school

The officer was interceding in an alleged assault when he and the woman were stabbed

$10-a-day child care not in 2019 budget, but advocate not irked

Sharon Gregson with the Coalition of Child Care Advocates of B.C. says NDP on track to deliver promise

B.C. Seniors Advocate questions labour shortage in care homes

Are there really no workers, or are care aide wages too low?

B.C. business groups worry about looming economic decline in wake of NDP budget

The party’s second government budget focused on plenty of spending, business advocates say

Missing Surrey snowshoer caught in avalanche found dead on Vancouver mountain

North Shore Rescue resumed its search today after efforts were temporarily halted Tuesday due to snowstorm

Most Read