Eviction for Landlord’s Family Use: BC Rules Explained
If you rent in British Columbia, you may wonder if your landlord can evict you because a family member wants to move into your home. This situation is known as eviction for "landlord's use," and it involves specific rules and legal protections set out by the Residential Tenancy Act. Knowing your rights and what steps to take can help you respond confidently.
Can a Landlord Evict You for a Family Member to Move In?
Yes, under British Columbia’s Residential Tenancy Act, landlords may end a tenancy if they or certain close family members (like a parent, child, or spouse) genuinely need to move into the rental unit. However, there are strict rules and processes for this type of eviction, designed to protect tenants from improper or bad-faith use of the law.[1]
Who Qualifies as a Family Member?
- The landlord’s parent or child
- The landlord’s spouse (or their parent/child)
- A purchaser, if the home has been sold and the buyer or specified family are moving in
Other relatives or friends do not qualify for this eviction reason.
The Legal Process: Notice and Forms
Your landlord must follow a formal eviction process. This ensures you have time to respond and access your legal rights.
1. The Proper Notice: Form RTB-29 (Two-Month Notice)
Landlords must use the official Two-Month Notice to End Tenancy (RTB-29) when ending a tenancy for landlord or family use. This form, available from the BC Government’s website, must clearly state the reason for eviction. Download RTB-29 directly (PDF).
- You must receive this notice in person, by registered mail, or by another method allowed by law.
- You have the right to dispute the notice within 15 days of receiving it.
- The notice period is two full months.
For example, if you get a notice on March 10, your tenancy could end as early as May 31.
2. Security Deposits and Compensation
When evicted for landlord’s use, you are legally entitled to compensation equal to one month’s rent, either paid at the end of your tenancy or deducted from your last month’s rent.[1] This is in addition to getting back your original security deposit (if you don’t owe for damage or unpaid rent). For more information on deposit returns, see How to Get Your Security Deposit Back with Interest When Moving Out.
3. What If You Believe the Eviction Isn’t in Good Faith?
If you suspect the landlord or their family doesn’t truly intend to move in, you can dispute the notice. File an application as soon as possible with the Residential Tenancy Branch (RTB), which handles all residential tenancy issues in BC. Start your dispute online: Apply to the BC Residential Tenancy Branch.
Tenants have only 15 days from receiving the notice to file a dispute with the RTB. Act promptly to protect your rights!
Key Steps for Tenants Facing This Situation
- Review the official notice for accuracy (form name, reason checked, dates)
- Consider your response. If you disagree or suspect “bad faith,” file a dispute within 15 days
- Plan your move, if you agree the landlord’s use is valid, and document communication
- Confirm you receive your one month’s rent compensation
Your Rights and Best Practices
Even if you receive a notice, your landlord can’t evict you “on the spot”—the legal process must be followed, and you have options to challenge the notice. Understanding your Tenant Rights in British Columbia gives you a strong foundation. If you’re concerned about other rights, including repairs or agreement terms, you may want to review Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
FAQs: Tenant Eviction for Landlord’s Family Use in BC
- Can my landlord end my tenancy for a family member to move in?
Yes, but only for eligible close family and with proper notice using the government form. The process is regulated by the Residential Tenancy Act. - How much notice do I get if the landlord’s family wants to move in?
You must receive a minimum of two full months’ formal notice (RTB-29 Form). - Do I get compensation if evicted for landlord/family use?
Yes. You are entitled to one month’s rent paid or deducted from your final month. - What if my landlord doesn’t actually move their family in?
If the landlord acts in bad faith, you may be eligible for further compensation or return to the RTB for enforcement. - How can I find a new rental quickly in BC?
You can Find rental homes across Canada on Houseme and compare listings easily across your preferred cities.
Key Takeaways for BC Tenants
- Landlords can only evict for family use with proper notice and eligible relatives.
- Always check your notice carefully and act within 15 days if you want to dispute.
- You are entitled to one month’s rent compensation for this type of eviction.
Staying informed about your rights protects you from unfair eviction practices and helps ensure a smooth transition if you have to move.
Need Help? Resources for Tenants
- BC Residential Tenancy Branch (RTB) – Official Information and Forms
- RTB Info Line: 1-800-665-8779
- Tenant Resource & Advisory Centre (TRAC) – Free legal information and advocacy
- For a full overview, visit Tenant Rights in British Columbia
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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