What is a 3-Month Notice?
This notice allows a landlord to end a tenancy if they (or a close family member) intend to occupy the property. Under the RTA, “family member” is defined specifically and usually includes parents, children, or spouses. It cannot be used for extended family, friends, or future buyers who aren’t moving in themselves.
Key Rules Landlords Must Follow
- Form & Delivery: The notice must be given using the official RTB form.
- Timeline: Tenants must receive at least four months’ notice before the end of the tenancy.
- Compensation: Landlords are required to provide tenants with one month’s rent as compensation, or offer one month rent-free.
- Good Faith Requirement: The landlord must genuinely intend to use the property as stated. Issuing a notice without good faith can lead to significant financial penalties.
Tenant Rights
- Disputing a Notice: Tenants can dispute a 3-Month Notice within 21 days of receiving it by applying to the Residential Tenancy Branch.
- Compensation for Bad Faith: If a landlord does not follow through on their stated reason (e.g., they re-rent the property shortly after ending a tenancy), the tenant may be entitled to up to 12 months’ rent as compensation.
What This Means for You
- Landlords: This tool can help if you or a family member truly need to move into the property, but it must be used correctly and in good faith. Document your plans, serve the notice properly, and budget for the one-month rent compensation.
- Tenants: If you receive this notice, understand your rights. Ask questions, confirm the details, and know that you can dispute the notice if it seems unjustified.
➤ Questions about how to properly give notice? Contact us at info@brixpm.ca.