I am looking to get advise with regards to starting a tenancy agreement as a landlord. Whistler BC. I am interested in

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Customer: I am looking to get advise with regards ***** ***** a tenancy agreement as a landlord.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no
JA: Where is the property located?
Customer: Whistler BC
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am interested in knowing how I can sign a 6 month lease without running the risk of the tenant refusing to leave at the end of the lease.
Answered by Debra in 1 hour 2 years ago
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Debra
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Debra, Expert

Hi there, my name is Leigh. I'd love to try and help you out with this. Are you still needing some guidance?

Customer
Hi I'm sorry I stepped away from my computer
Customer
I am available to chat now
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Debra, Expert

Hi there. So as I understand it you are the landlord, you are trying to rent out your property, correct?

Customer
that's right. Up until the crisis hit, I was renting out our property short-term. It is zoned for nightly rentals in Whistler so it is legal. However, we are not getting tourists in Whistler at the moment, and I would like to rent our property out until November 30 on a monthly basis.
Customer
However, the problem is that the BC Tenancy Agreements do not allow you to end a tenancy unless you are moving in or your close family...we need to switch back to short-term rentals starting December 1.
Customer
Are you a lawyer from British Columbia?
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Debra, Expert

Ok great, yes I know times are so different now and unsure about when everything will resume business wise. So I would absolutely advise you on getting some type of written lease agreement. Usually you can find some samples online or you can contact a local attorney to draft one up for you, but in the lease agreement, you will want to be specific with the language of how long each "rental period" is for. If it is for 1 month or for 6 months, etc. You will put clear language that upon that time period, the tenant is REQUIRED to leave the property and their tenancy will not be renewed unless it is in writing by both you and the tenant (that way if you choose to rent to them longer, you can.)

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Debra, Expert

No, I am a lawyer in the United States.

Customer
Ok. I'm not sure that will work here in BC as the laws are very strict and in favour of the tenant. I was hoping to chat with someone who has experience with our province specifically. Is there someone from BC that I can connect with?
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Debra, Expert

I understand, I'm sorry, the question just gets posted and then attorneys respond. Unfortunately, I cannot re-direct you to anyone else. I apologize, I will opt out of this answer for you.

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Debra, Expert

I am here to assist ou with your question.

Customer
Hi Adam, are you from British Columbia?
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Debra, Expert

I am a just answer expert here to assist you with your landlord tenant question.

Learn about ending a tenancy in B.C.

A tenancy ends when the:

  • Tenant or landlord gives legal notice to end the tenancy
  • Landlord and tenant mutually agree to end the tenancy (PDF)
  • Tenancy agreement is a sublease agreement that clearly states the subtenant will move out at the end of the term of the agreement
  • Tenancy agreement is a fixed term agreement that, in circumstances prescribed by Regulation, requires the tenant will move out at the end of the fixed term
  • Tenancy agreement is frustrated by circumstances beyond the landlord or tenant’s control
  • Tenant abandons the rental unit
  • Landlord has an order of possession from the Residential Tenancy Branch (RTB)

Giving Notice

Landlords and tenants are responsible for ending the tenancy lawfully, ensuring both parties have an opportunity participate in condition inspections and agree on any deposit deductions that may be required. Landlords or tenants can be ordered to pay money to each other if they don’t follow the law.

  • Landlord notice
  • Tenant notice

Fixed-Term Tenancies

A fixed-term tenancy agreement cannot be ended early except in three circumstances: both parties agree in writing; there are special circumstances such as the tenant is fleeing family violence or the tenant has been assessed as requiring long-term care or has been accepted into a long-term care facility; or as ordered by an arbitrator Learn more about ending a fixed-term tenancy for family violence or long-term care.

Effective December 11, 2017, fixed term tenancy agreements can no longer include a clause requiring a tenant to move out at the end of the term unless:

  • The tenancy agreement is a sublease agreement; or
  • The tenancy is a fixed term tenancy in circumstances prescribed in section 13.1 of the Residential Tenancy Regulation

The change in the law applies to new and existing tenancy agreements. That means that unless an existing fixed-term tenancy agreement is a sublease agreement or was established for a purpose prescribed in section 13.1 of the Residential Tenancy Regulation, the “vacate clause” cannot be enforced by the landlord.

Doing it Right

After notice has been given, both landlords and tenants have specific responsibilities in order to end a tenancy properly – the tenant must move out by 1 p.m. on the effective date of the notice – the last day of the tenancy. This means the unit must be cleaned and all keys given to the landlord by then, unless the landlord agrees in writing to a later time.

A tenant who doesn’t move out on the effective date of a notice to end tenancy is called an overholding tenant. In these situations, the landlord may apply for an Order of Possession to end the tenancy and money to cover expenses – like accommodation or storage costs for an incoming tenant.

    Customer
    I was already aware of this, I am looking for advice on whether there are any other options
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    Debra, Expert

    I am sorry that this second expert in the US decided it was acceptable to answer you. Then they copied and pasted an answer.

    You are stuck at this point in time unfortunately. There is no way to get around the law and the tenancy becomes a month-to-month tenancy and you will need proper notice and grounds to evict the tenant.

    Does that clarify the law even though it is not at all what you were hoping to hear?

    Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

    Customer
    Thanks a lot Debra, this isn’t the answer I was hoping for but does confirm what I understood. 5 stars.
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