Quick links
- Strata Property Act s. 138
- Residential Tenancy Branch Policy guideline 27
- Residential Tenancy Branch: Types of evictions
- Form RTB-33s: One month notice to end tenancy for cause by strata corporation
- Tenancy: Dispute resolution
- Residential Tenancy Branch guide 2: What to expect at the hearing
Can a strata corporation evict a tenant?
While the authority for a strata corporation to evict a tenant has been in section 138 of the Strata Property Act (SPA) since its inception, the application of this section has long been mired in legal and practical impediments.
This all changed in November 2022 when the Residential Tenancy Branch (RTB) amended its Policy Guideline 27 to recognize that a strata corporation can be a “landlord” under the Residential Tenancy Act (RTA) but only for the purposes of issuing a notice to end tenancy under section 47 of the RTA, defending any application disputing that notice, and seeking an order and writ of possession in relation to that notice. In circumstances where a landlord fails to remedy their tenant’s problematic behaviour or where fines are an insufficient deterrent, strata councils must consider whether to ‘step into the shoes’ of the landlord and issue a notice to end tenancy.
The result is that it is now possible to employ section 138 of the SPA which gives strata corporations the authority to issue a one-month notice to end tenancy to a tenant of a residential strata lot for a repeated or continuing contravention of a reasonable and significant bylaw or rule that seriously interferes with another person’s use and enjoyment of a strata lot, the common property or the common assets.
To evict a tenant, a strata corporation should follow procedures that are set out in the Strata Property Act and the Residential Tenancy Act.
Step 1: Investigate a complaint and gather evidence
After receiving a complaint about an alleged bylaw or rule infraction, the strata council may investigate the complaint further (if there is insufficient evidence) and should thereafter follow the procedure set out at section 135 of the SPA. This section of the SPA ensures that due process is afforded to the tenant who is alleged to have committed the breach by giving the tenant the details of the complaint in writing and providing them with an opportunity to answer the complaint, including a hearing with the council, if one is requested.
While the procedure set out at section 135 of the Act is not a prerequisite to an eviction, undertaking further investigations and affording the tenant due process can ensure that any eviction proceedings by the strata corporation are well-founded and supported by adequate evidence. It may also serve as a preview of the tenant’s defence if the eviction is contested.
All council decisions must be recorded in council meeting minutes and landlords must also receive copies of all notices and decision letters sent to tenants.
Step 2: Determine whether the bylaw or rule is “reasonable and significant”
If the problematic behaviour continues, the council must then assess whether the ongoing beach meets the threshold of “a repeated or continuing contravention of a reasonable and significant bylaw or rule that seriously interferes with another person’s use and enjoyment of a strata lot, the common property or the common assets.”
For instance, installing and keeping orange curtains when the bylaws require them to be white is unlikely to meet this requirement. However, holding loud parties every weekend for numerous weekends in a row is more likely to result in an eviction.
Step 3: Serve a one-month notice to end tenancy for cause
The following step in the process involves issuing the tenant a One Month Notice to End Tenancy for Cause. The purpose of this notice is to inform the tenant that the strata corporation intends to end the tenancy.
The RTB has published a mandatory form for use by strata corporations when evicting a tenant (Form RTB-33s). This form indicates that the notice is issued by the strata corporation and that the grounds of eviction are based on the wording set out at section 138 of the SPA. The form also includes details of the permitted methods of giving the notice to the tenant.
The tenant has the right to dispute the notice within ten days of receiving it by filing an “Application for Dispute Resolution” with the RTB. If the tenant is successful with their application, their tenancy will continue. Otherwise, the RTB will issue the strata corporation an “order of possession” which will allow the landlord to take back possession of the rental unit. If the tenant does not contest the notice within ten days, the tenant is presumed to have accepted the end of the tenancy.
Step 4: Attend the Residential Tenancy Branch hearing
While many strata councils are familiar with the Civil Resolution Tribunal, it is unlikely they will have knowledge about the RTB and its processes. The RTB has exclusive jurisdiction over residential tenancy matters. The RTB’s dispute resolution application and evidence-submission procedures are done primarily online. The RTB allows for lawyers to represent their clients throughout the dispute resolution process.
The RTB will convene a teleconference hearing that is typically one-hour in length and that involves the tenant, the representative for the strata corporation, their lawyers (if any), their witnesses (if any) and an RTB arbitrator. Within thirty days of the hearing, the arbitrator will issue a written decision which will either dismiss the notice to end tenancy or that will result in the granting of an “order of possession”.
Navigating the Eviction Process
It is no easy task for strata council members to navigate the eviction process on their own. A strata council who is dealing with a problematic tenant in a residential strata lot would be wise to contact a lawyer who has experience with both strata bylaw enforcement as well as RTB dispute resolution hearings.
Acknowledgments
This information is based on an article originally published in the February 2024 issue of the VISOA Bulletin. We thank the author, Oscar Miklos, who is the founding lawyer of Refresh Law, a law firm advising strata owners, strata council members, property managers and residential and commercial landlords and tenants in all aspects of housing matters.
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Coming soon:
- Bylaw enforcement tracking sheet
- Evidence worksheet
