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Current eviction guidelines under the Residential Tenancy Act

Recently, we have been receiving requests from our members to clarify the rules that were developed during the pandemic for issuing a Notice to End Tenancy for non-payment of rent.

As stated on the Residential Tenancy Branch website: “The ban on issuing evictions for non-payment of rent ended August 18, 2020. This means that tenants must pay rent in full on the day it is due or they can be evicted.

A landlord may issue a Notice to End Tenancy for unpaid rent or utilities if:

  • The tenant failed to pay rent that was due before March 18, 2020

OR

  • The tenant fails to pay full rent due after August 17, 2020 (for most renters that would be September 1, 2020)

A landlord must not issue a Notice to End Tenancy for unpaid rent or utilities that came due during the specified period of March 18, 2020 to August 17, 2020 unless the landlord has given the tenant a repayment plan for the unpaid amount and the tenant has defaulted on the repayment plan.

A landlord cannot charge a late fee for any unpaid rent during the specified period of March 18, 2020 to August 17, 2020.

Late payment of rent and non-payment of rent during the specified period of March 18, 2020 to August 17, 2020 are not considered “cause” for eviction.”

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