by Paul Cowhig, Advisor, Professional Standards
Last week we covered the new emergency measures in place affecting tenancy in BC suspending evictions during this COVID-19 pandemic, (except in “specific” circumstances.)
But what happens if a home buying client purchased a home, gave an Order of Possession in mid-March, and plans to take possession at the end of May? Does the new suspension of evictions apply to this situation?
Not if the eviction notice or Order of Possession was submitted prior to March 30. Not ‘end of March,’ but the 30th day of March. If the buyer issued a notice to end the tenancy before March 30, the eviction notice remains in effect, subject to the dispute resolution process, and an Order of Possession can still be granted.
If a seller and a tenant signed a “Mutual Agreement to End a Tenancy,” and the tenant refused to vacate the premises, this will not be enforceable until the emergency orders are lifted.
*Note that if a tenant is under a mandatory quarantine, self-isolation or in a medical facility due to illness, that home owner would need to get legal advice if they are determined to evict their tenants regardless of the emergency order.
The Residential Tenancy Branch website has an interactive tool to get answers to a specific situation. But if that doesn’t work, you can call them at 604-660-1020.
- The provincial government created an FAQ on these rental changes.
- LandlordBC also has an FAQ on the subject.
Additional COVID-19 resources: