How do I kick out a tenant, legally?
 

Hi,

My friend has an basement suite that she is currently renting out, the tenant has been there for 4 years or so. He has always paid on time, no problems.

She is getting married and the soon to be husband has two kids, she also has two kids, and they need the space in about 3 months time. July or August.

What is the proper way to kick her tenant out? I told her my trusty Revscene folk would know the answer, so hopefully, you guys can make me look like a hero.

Thank you!

Buy em United Airline Tickets and hope they get the hint.


Out of curiousity, what makes it illegal?

pretty sure in a legitimate situation where the family will be using the unit you can issue a 1 or 3 month notice of eviction due to that reasoning, and that is an acceptable excuse under the tenancy act. The timeline would be the quickest if they are currently just on month to month understanding.

However, if they are just evicting to get a higher priced renter in, and the former tenant finds out, they can easilly get damages out of the landlord.

Has to give a 2 month notice and must give them one months rent.

Two Month Notice to End Tenancy - Province of British Columbia

if they legit need the space, they can give them notice and provide 1 months rent. That's what we got when we were asked to leave our rental.

If they just want to rent it out for more, then that's a dick move.

Umm, I think it's illegal because it's not reported to the government?
I'm not really sure actually.

What makes a suite legal or illegal?

It's actually legit. They literally need the space. Four kids and the two of them.
They are not trying to get someone else in for more money.

If it's a legit reason then follow the RTB guidelines on the provincial gov website

Don't know about the "illegal suite" part though or if that would affect the usual procedure.

I don't think the tenants have legal terms to refuse then, like what Manic! said, 2 months notice and 1 months rent. Probably better to serve notice earlier than later.

As far as I know being illegal or not it doesn't really effect the rules outlined in the tenancy act.

Would be good for your friend to get informed further on issues like these whether it's family or not renting. I took the 2 hour course for $40 at landlordbc.com and it was really informative and clear for understanding all sorts of things within the tenancy act

Ok great.

Thanks RS. You guys pull through again =)

I'll let them know to fill out the proper forms, get the tenant to sign it. They probably didn't know about the 1 month compensation, but if that's the law.

Thanks again!

Do people generally report rental income if they have a illegal suite? Or they just run a double whammy.

Why would anyone report it from the illegal suite? If you have 2 suites and you're reporting both, you're asking for trouble from the government. I doubt people even report one

I know people who report their illegal suites because they write off home improvements through the rental income.

I'm kind of on the fence as to reporting or not

Reporting your rental income has nothing to do with violating municipalities' bylaws.

CRA is concerned with tax collection, not the enforcement of municipal by laws. As far as I know, your muncipality cannot ask CRA to share its data with them so they can inspect your house to determine if you have an illegal suite. The only way you get busted is if your neighbour complains, or something bad happens, like a fire or crime.

No need to kick them out because the marriage won't last long with four kids, especially considering two of them aren't yours.

"Renoviction"

A legal suite will have its own street address.