Top 50 Questions: Special Tenancy Situations in British Columbia

Special Tenancy Situations British Columbia published: June 26, 2025 Flag of British Columbia
What is considered a 'special tenancy situation' in BC?
These include subletting, adding/removing tenants, ending tenancy early, landlord changes, or unique rental agreements under the Residential Tenancy Act.
Can I sublet my rental unit in BC?
Yes, with written landlord consent. Consent cannot be unreasonably withheld. See details.
What is the difference between subletting and assignment?
Subletting means you temporarily give the unit to someone else; assignment means you permanently transfer your tenancy to a new person.
How do I ask my landlord to sublet or assign my tenancy?
Submit a written request. Landlord must reply in writing within a reasonable time.
What form do I need to use to end a tenancy early because of family violence?
Use the "Ending Fixed Term Tenancy Confirmation Statement (RTB-51)". Example: If you're experiencing violence, submit RTB-51 with proof. RTB-51
Can I break my lease early for medical reasons?
Maybe. If your health or safety is at risk, you may apply to the Residential Tenancy Branch for an early end to your tenancy.
Who handles tenancy disputes in BC?
The Residential Tenancy Branch (RTB) handles disputes. Visit RTB website.
My landlord sold the property. Do I have to move?
Not immediately. The new owner must follow proper notice procedures if they want you to move and must use approved forms.
What notice does the landlord give if their family member wants to move in?
The landlord must serve a 2 Month Notice to End Tenancy (Form RTB-33). RTB-33
What are my rights if my roommate wants to move out?
If you're both on the lease, both remain responsible unless the landlord agrees to change the tenancy agreement.
Can I have someone move in with me for a short time (like a guest)?
Yes, but guests staying for an extended period may be considered additional occupants; check your lease and notify your landlord if needed.
Is landlord consent needed to add a roommate?
Often yes. You must have landlord written approval to add someone to the tenancy agreement.
What if my name is not on the lease?
You are not protected by the Residential Tenancy Act. Only tenants on the lease have legal standing with the RTB.
Can my landlord evict me if my roommate is evicted?
Maybe. If only your roommate is named on the lease, you may have no rights to stay if they're evicted.
My partner passed away. What happens to the tenancy?
If you are on the lease, you may remain. If not, you may need to negotiate with the landlord to continue the tenancy.
What should I do if I need to move suddenly for work?
Ask your landlord if you can assign your lease or sublet. Landlord must not unreasonably refuse.
Can my tenancy agreement prevent me from subletting?
No. Landlords cannot refuse sublets or assignments unreasonably, even if the lease says otherwise.
Does the landlord have to approve who I sublet to?
Yes, but cannot refuse without a valid reason.
How do I end my tenancy early if I am fleeing abuse?
Use the RTB-51 form with proper evidence to end your tenancy early. See form.
Can a landlord refuse to accept an assignment or sublet?
Only if there are reasonable grounds, such as the replacement tenant not meeting income or reference criteria.
If I sublet, am I still responsible for the rent?
Yes. In a sublet, you remain responsible unless your tenancy is assigned.
What happens if the landlord refuses assignment without reason?
You can apply for dispute resolution with the RTB to seek approval or compensation.
How do I apply for dispute resolution?
Use the "Application for Dispute Resolution (RTB-12)" form. Find it here.
Are fixed-term tenancies always binding in BC?
Usually yes, but some exceptions exist (family violence, landlord breach). Speak to the RTB for specifics.
Who fills out forms for sublets or assignments?
The tenant must request in writing; landlord responds. Formal changes use a new tenancy agreement.
Is there a fee for applying for dispute resolution?
Yes. As of 2024, most applications to the RTB cost $100. Fee waivers may be available for hardship.
How much notice do I give to end a month-to-month tenancy?
At least one full month’s written notice using the "Tenant’s Notice to End Tenancy (RTB-26)". RTB-26
What if I want to leave before lease end but have no reason like violence or health?
Try to assign or sublet your tenancy, or negotiate with your landlord. Early termination fees may apply.
Can I apply for rent reduction if my tenancy changes significantly?
Possibly. Apply for dispute resolution through RTB if your tenancy rights are affected by landlord actions.
Do special rights apply to students renting university housing?
Some student housing is exempt from the Residential Tenancy Act. Check with your university.
My property manager has changed. Does it affect my lease?
No. The terms and conditions of your lease continue as signed.
What rights do I have if my building is being demolished?
You are entitled to proper notice via Form RTB-29, and possibly compensation. RTB-29
Is compensation always required if my tenancy ends for demolition?
Yes. As of 2024, you must receive at least one month’s rent unless exempted by the RTB.
What is a mutual agreement to end tenancy?
Both landlord and tenant agree in writing to end the tenancy. Use Form RTB-8. RTB-8
What if my tenancy agreement says 'no assignment or sublet'?
The law overrides your contract; landlord must show reasonable grounds to refuse.
Can I challenge a notice to end tenancy?
Yes. Apply for dispute resolution within the time limit stated on the notice.
What if my lease is month-to-month, but I want to leave sooner?
Give one month’s written notice. You cannot require to leave sooner unless landlord agrees.
Does the Residential Tenancy Act apply to people living in co-ops or care homes?
Sometimes. Certain housing types like co-ops may be exempt. Check the RTB’s exemption guide.
How do I find out if my building is exempt from the Act?
Contact the RTB or check this site for exemption details.
My tenancy is part of my job (like a caretaker). Do rules still apply?
The Residential Tenancy Act may not apply to employment-related tenancies. Speak to the RTB for clarification.
I have to move for medical treatment. What can I do?
You may apply for early termination through the RTB citing health needs, using Form RTB-12. RTB-12
Can I move back after renovations if my landlord renovates my unit?
Sometimes. You may have a right of first refusal if renovations are major and proper notice is given.
What is a right of first refusal?
It gives former tenants first chance to re-rent the unit after renovations at the current rent, if eligible.
Who is responsible for damage from a subtenant?
The original tenant is responsible to the landlord for subtenant-caused damage.
My building just changed ownership. Is my security deposit safe?
Yes. The new owner is responsible for returning your deposit under the same lease terms.
What happens with deposits if tenancy assignment occurs?
The new tenant should pay the deposit to the outgoing tenant, but landlord remains responsible for its return.
How do I ensure my sublet is legal?
Get written landlord consent and use a formal written agreement.
Is there a limit to subletting periods?
No limit set by law, but the end date cannot go past your agreement’s end date.
What if a subtenant doesn’t move out?
You (as the original tenant) must apply to the RTB for dispute resolution to evict the subtenant.
Can I assign my tenancy during the first six months?
Yes, if you find someone suitable; landlord can’t refuse without reasonable cause.
Where can I get more help with special tenancy situations?
Visit the Residential Tenancy Branch for assistance and resources.

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Bob Jones
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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