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Real Estate Tenancy Rules During Covid - 19

Residential Tenancy Act Temporary Amendments

As you are likely aware, the British Columbia Provincial Government has made amendments to the Residential Tenancy Act, among other Acts, by way of Ministerial Order (the “Order”).  A link to the Order can be found here:

http://www.bclaws.ca/civix/document/id/oic/oic_cur/m089_2020

Notice to End Tenancy:

From March 30, 2020 until the declared state of emergency is no longer in effect in BC, a landlord must not give a tenant a notice to end a tenancy including notice under section 49 of the Residential Tenancy Act for Landlord’s Use of the Property (subject to certain limited exemptions in the link above).

If a landlord gave a tenant valid notice to end the tenancy prior to March 30, 2020, while the notice itself is still valid, a Writ of Possession cannot be enforced during the time the Order is in effect. A Writ of Possession is required for an owner to have a Bailiff lawfully remove the tenant from the property should the tenant not move out at the agreed to time. As a result of the foregoing, if a Seller has given a valid Notice to End Tenancy under section 49 of the Residential Tenancy Act before March 30, 2020 and the tenant does not move out on the agreed to time while the Order is still in force, then the Seller would not be in a position to grant possession of the rented premises to a Buyer. 

Landlord’s Right to Enter Rental Unit (Residential Tenancy Act):

During the period for which the declared state of emergency is in effect in BC, a landlord must not enter a rental unit that is subject to a tenancy agreement unless the tenant has expressly consented to the landlord entering the unit (subject to certain limited exemptions in the link above).

For more information regarding COVID-19 and tenancies, please see the following link to the BC Residential Tenancy Branch:

https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/covid-19

If you have any questions on the above or we can help you with any real estate related matters, please do not hesitate to contact our office at any time.

Yours truly,

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