We are very experienced in the hows and whys of an End of Tenancy Notice.  Today, I’d like to share more with you on the fine points of the Residential Tenancy Act as it applies to these areas of concern. At Downtown Suites we manage End of Tenancy Notice in an atmosphere of trust, tact and timeliness.

When a rental unit requires extensive renovations or repairs, so extensive that the place would have to be vacant, the landlord may give notice to the tenant. In this situation, the requirement is not one but two months’ notice. These renovations would also need all the legally relevant permits and approvals before notice could be given.

As well, the Residential Tenancy Act says that the landlord needs to intend these repairs in good faith, to ensure that this is an actual renovation/repair and not simply a ruse to remove the tenant.

In addition, the landlord needs to be aware that the tenant could give ten days’  notice after receiving this two month notice, with a potential loss of revenue to the landlord.

There are many reasons why an owner might need to give a resident tenant notice to vacate, and landlords should be familiar with the Residential Tenancy Act to understand which of these require two months’ notice.

Such as: the conversion of the residential property to strata lots, or conversion into a not-for-profit housing coop. Of course, in both of these situations all legal permits must be in place.

Or: if a rental unit needs to be made available for a residential building’s caretaker or manager, two months’ notice can be given to the tenant of that suite, to make room for the caretaker.

Other permitted reasons for notice include the demolition of the rental unit, and the conversion of the rental unit to another non-residential use. In earlier posts, I’ve gone over the situations related to notice for the purposes of sale.

The 10 days’ notice scenario:
A tenant receives two months’ notice. He turns around and gives the landlord 10 days’ written notice for an earlier move-out date. Along with this notice, he pays rent to the landlord, covering the time of notice to the move-out date. However, the landlord has the tenant’s previously paid rent (for a period after that effective date) such as a post-dated cheque for the full month and future months. She must return these funds to the tenant. (This scenario doesn’t apply to a fixed term tenancy.)

(reposted from an earlier article)

Just another Day in the Life of a Property Manager. This time it’s a tricky situation involving a broken lease and written notice!
Nicholas Meyer of Downtown Suites explains the ins and outs of leasing in Vancouver. Good info for both landlords and tenants.

At Downtown Suites we manage all End of Tenancy Notice in an atmosphere of trust, tact and timeliness. Today, I’d like to share more with you on the fine points of the BC Residential Tenancy Act.

When a rental unit requires extensive renovations or repairs, so extensive that the place would have to be vacant, the landlord may give notice to the tenant. In this situation, the requirement is not one but two months’ notice. These renovations would also need all the legally relevant permits and approvals before notice could be given. As well, the Residential Tenancy Act says that the landlord needs to intend these repairs “in good faith”, to ensure that this is an actual renovation/repair and not simply a ruse to remove the tenant. In addition, the landlord needs to be aware that the tenant could give ten days’ notice after receiving this two month notice, with a potential loss of revenue to the landlord.

There are many reasons why an owner might need to give a resident tenant notice to vacate, and landlords should be familiar with the Residential Tenancy Act to understand which of these require two months’ notice.

Such as: the conversion of the residential property to strata lots, or conversion into a not-for-profit housing coop. Of course, in both of these situations all legal permits must be in place.

Or: if a rental unit needs to be made available for a residential building’s caretaker or manager, two months’ notice can be given to the tenant of that suite, to make room for the caretaker.

Other permitted reasons for notice include the demolition of the rental unit, and the conversion of the rental unit to another non-residential use. In earlier posts, I’ve gone over the situations related to notice for the purposes of sale.

The 10 days’ notice scenario:
A tenant receives two months’ notice. He turns around and gives the landlord 10 days’ written notice for an earlier move-out date. Along with this notice, he pays rent to the landlord, covering the time of notice to the move-out date. However, the landlord has the tenant’s previously paid rent (for a period after that effective date) such as a post-dated cheque for the full month and future months. She must return these funds to the tenant. (Please note that this scenario doesn’t apply to a fixed term tenancy.)

Confusing? As experienced residential property managers, we can help you with the ins and outs of these and other tenant situations. Contact us at Downtown Suites.

(This is an important Evergreen Resource article, revisited from our archives.)

At Downtown Suites, we always act with compassion and empathy to the tenants when delivering an end of tenancy notice on behalf of an owner. At the same time, we want to ensure everything happens without any loss to the property owners if at all possible. An important factor is making sure we have timely delivery of any End of Tenancy Notice, according to the BC Residential Tenancy Act’s stipulations.

Notice is not always considered “received” on the date is it sent, depending on the way this notice is delivered.

Received on the day of delivery: When a copy of the notice is left directly with the tenant, or left with an adult who apparently lives with the tenant, the notice is deemed to be received on the day it is left.

Received in three days: It is important to know that when a copy is left in a mailbox (or mail slot) where the tenant lives, the notice is not deemed to be received until three days after the day it was left. If the notice is faxed to a number provided by the tenant, it is deemed to be received on the third day after faxing. Similarly, if notice is posted on the door or other noticeable place at the address where the tenant lives, it is deemed as received on the third day after this posting.

Received in five days: When a copy has been sent by regular mail or registered mail to the address where the tenant lives, notice is deemed to be received on the fifth day after mailing.

Many owners following these regulations are surprised to discover that, through no fault of the tenant, the notice was not actually received. Unless the notice is directly handed to the tenant, it is wise to have confirmation of receipt. At Downtown Suites, as soon as we hear from an owner that notice must be given, we send it out by registered mail.

(This is an important Evergreen Resource article, revisited from our archives.)

Be Aware, Cautious and Prepared

You have just purchased a home in Vancouver and intend to live in it once the deal is completed. In the eyes of the BC Residential Tenancy Act, you become an “owner-occupier” and if this home is currently occupied by a renter you are entitled to end the tenancy. There are some things you should know about the procedure.

When an owner-occupier purchases, she must send a letter to the current landlord, on or before the effective date of the notice. The landlord (or the new owner-occupier) is required to pay the current tenant one month’s rent, plus give 60 days notice, served by the end of month.

In this situation, upon receiving this notice, the tenant, on the other hand, only has to give 10 days notice before ending the tenancy.

Often it becomes a negotiation point at the time of sale, deciding who should pay that one month’s rent – the new owner-occupier, or the seller.

There can be a downside to all this for landlords. If you are counting on the rent, and, say, the deal closes August 1, you will need to request in writing to the current owner to serve notice. However, if the tenant immediately after receiving this notice, gives 10 days notice and leaves after the 10th day of the month, the result to you would be a loss of revenue, in addition to the one month rent penalty.

In the light of this potential loss of revenue, landlords need to be aware, cautious, and prepared.

At Downtown Suites, we assist owners in understanding and preparing for all situations related to their property and the BC Residential Tenancy Act.

(This is an important Evergreen Resource article, revisited from our archives.)

At Downtown Suites we manage End of Tenancy Notice in an atmosphere of trust, tact and timeliness. Today, I’d like to share more with you on the fine points of the Residential Tenancy Act.

When a rental unit requires extensive renovations or repairs, so extensive that the place would have to be vacant, the landlord may give notice to the tenant. In this situation, the requirement is not one but two months notice. These renovations would also need all the legally relevant permits and approvals before notice could be given. As well, the Residential Tenancy Act says that the landlord needs to intend these repairs “in good faith”, to ensure that this is an actual renovation/repair and not simply a ruse to remove the tenant. In addition, the landlord needs to be aware that the tenant could give ten days notice after receiving this two month notice, with a potential loss of revenue to the landlord.

There are many reasons why an owner might need to give a resident tenant notice to vacate, and landlords should be familiar with the Residential Tenancy Act to understand which of these require two months notice.

Such as: the conversion of the residential property to strata lots, or conversion into a not-for-profit housing coop. Of course, in both of these situations all legal permits must be in place.

Or: if a rental unit needs to be made available for a residential building’s caretaker or manager, two months notice can be given to the tenant of that suite, to make room for the caretaker.

Other permitted reasons for notice include the demolition of the rental unit, and the conversion of the rental unit to another non-residential use. In earlier posts, I’ve gone over the situations related to notice for the purposes of sale.

The 10 days notice scenario:
A tenant receives two months’ notice. He turns around and gives the landlord 10 days written notice for an earlier move-out date. Along with this notice, he pays rent to the landlord, covering the time of notice to the move-out date. However, the landlord has the tenant’s previously paid rent (for a period after that effective date) such as a post-dated cheque for the full month and future months. She must return these funds to the tenant. (This scenario doesn’t apply to a fixed term tenancy.)

At Downtown Suites, we always act with compassion and empathy to the tenants when delivering an end of tenancy notice. At the same time, we want to ensure everything happens without any loss to the property owners if at all possible. An important factor is making sure we have timely delivery of any End of Tenancy Notice, according to the Residential Tenancy Act’s stipulations.

Notice is not always considered “received” on the date is it sent, depending on the way this notice is delivered.

Received on the day of delivery: When a copy of the notice is left directly with the tenant, or left with an adult who apparently lives with the tenant, the notice is deemed to be received on the day it is left.

Received in three days: It is important to know that when a copy is left in a mailbox (or mail slot) where the tenant lives, the notice is not deemed to be received until three days after the day it was left. If the notice is faxed to a number provided by the tenant, it is deemed to be received on the third day after faxing. Similarly, if notice is posted on the door or other noticeable place at the address where the tenant lives, it is deemed as received on the third day after this posting.

Received in five days: When a copy has been sent by regular mail or registered mail to the address where the tenant lives, notice is deemed to be received on the fifth day after mailing.

Many owners following these regulations are surprised to discover that, through no fault of the tenant, the notice was not actually received. Unless the notice is directly handed to the tenant, it is wise to have confirmation of receipt. At Downtown Suites, as soon as we hear from the owner that notice must be given, we send it out by registered mail.

Ending Tenancy after Sale
You have just purchased a home in Vancouver and intend to live in it once the deal is completed. In the eyes of the Residential Tenancy Act, you become an “owner-occupier” and if this home is currently occupied by a renter you are entitled to end the tenancy. There are some things you should know about the procedure.
When an owner-occupier purchases, she must send a letter to the current landlord, on or before the effective date of the notice. The landlord (or the new owner-occupier) is required to pay the current tenant one month’s rent, plus give 60 days notice, served by the end of month.
In this situation, upon receiving this notice, the tenant, on the other hand, only has to give 10 days notice before ending the tenancy.
Often it becomes a negotiation point at the time of sale, deciding who should pay that one month’s rent – the new owner-occupier, or the seller.
There can be a downside to all this for landlords. If you are counting on the rent, and, say, the deal closes August 1, you will need to request in writing to the current owner to serve notice. However, if the tenant immediately after receiving this notice, gives 10 days notice and leaves after the 10th day of the month, the result to you would be a loss of revenue, in addition to the one month rent penalty. In the light of this potential loss of revenue, landlords need to be aware, cautious, and prepared.