B.C. considering reforms to 'eliminate' bad-faith evictions for landlord's use

A sign hangs in an apartment window in a March 2020 file image. THE CANADIAN PRESS/Chris Young

The B.C. government has acknowledged an ongoing problem with landlord's use of property evictions being carried out under "false pretenses," and is considering reforms to protect renters.

Complaints about suspicious landlord's use evictions increased shortly after the province cracked down on renovictions in 2021, according to the Tenant Resource and Advisory Centre, which provides pro-bono legal representation for renters.

While property owners are legally allowed to evict tenants to make room for an immediate family member to move in, TRAC said a growing number of landlords are using the evictions to replace long-term tenants who pay below-market rent – in some cases allowing them to more than double what they were previously charging.

"It's depressingly common," said Robert Patterson, a lawyer with TRAC. "It's one of the most common things we hear about now."

In a statement, the Ministry of Housing told CTV News the government is "committed" to addressing bad-faith landlord's use evictions as part of its previously announced Homes for People action plan.

"The Residential Tenancy Branch is looking at ways to eliminate any abuses of landlord’s use of the unit to evict tenants," a spokesperson said in an email.

Officials would not comment on specific proposals recommended by advocates, including a requirement that property owners fill out an application for landlord’s use through the RTB, which they argue would discourage misuse and create a paper trail of repeated bad-faith eviction attempts.

"Various changes are being considered and we’re not in a position to say exactly what at this time," the ministry spokesperson said.

According to Patterson, the priority of the reforms should be preventing evictions from happening, rather than punishing bad behavior after the fact.

"Once you've moved out, the damage is done," Patterson said. "The thing we should be doing is preventing the loss to begin with – that's the common sense thing to do, especially for a place like B.C., where being sent back into the housing market is a sentence for homelessness."

A recent report found the average rent for an available one-bedroom apartment in the City of Vancouver now tops $3,000 a month. 

LANDLORDS AGREE CHANGES NEEDED

Currently, landlords caught red-handed can be ordered to pay their former tenant 12 months' rent, though advocates argue the punishment often amounts to a slap on the wrist, and does little to help victims in the long term.

There is also no requirement that property owners allow a tenant to move back into their old home.

Even some landlords agree the system need fixing.

LandlordBC, which represents everyone from property investors to families with mortgage-helper suites, has advocated for several reforms to landlord's use regulations, including stronger penalties for bad faith evictions.

CEO David Hutniak said rule-breakers should be ordered to pay two years' worth of rent, rather than one, and argued property owners or family members should be required to occupy a unit for 12 months after evicting a tenant for landlord's use, rather than the current minimum of six months.

At the same time, Hutniak stressed that allowing landlords to use their property is an important right, and argued too many restrictions could scare owners out of the rental market.

"The removal or extreme limitation of the right to end tenancy for landlord’s use would deter many homeowners from renting out their properties, reducing the overall supply of rental units," Hutniak said in an email.

He also suggested the regulations should be relaxed so that a landlord's grandparent or grandchild can replace a tenant, something he said would recognize "evolving family dynamics and economic realities."

SYSTEM STACKED AGAINST RENTERS, TRAC SAYS

The B.C. government previously tried to address bad faith landlord's use evictions by amending the Residential Tenancy Act, putting the onus on property owners to prove they used their home for their stated purpose should a tenant challenge their eviction.

Patterson said the change had a meaningful impact on renters' ability to win disputes through the Residential Tenancy Branch – but did little to prevent them from losing their homes in the first place.

And winning a dispute is often only the beginning of a long court process, Patterson added. Landlords will sometimes refuse to pay, forcing tenants to sue them in small claims court. Other times, landlords will challenge their penalty in B.C. Supreme Court, forcing tenants to seek legal representation – a tall order for those who are financially vulnerable.

"Now you have to get legal advice or hire a lawyer. And if you lose, you may have to pay court costs – you may owe your landlord thousands of dollars," Patterson said.

"So there's an element of risks, and it puts tenants off even trying to engage in the process."

Requiring landlords to fill out an application was how the B.C. government decided to address renovictions two years ago, and advocates believe it was hugely effective.

Under the new system, property owners must proactively demonstrate that a unit is in such dire need of renovation or repairs that they have no choice but to evict their current tenant to complete them. An arbitrator then decides if the landlord is acting in good faith.

Patterson said a similar requirement for landlord's use evictions – one forcing landlords to name the person moving in and provide their current address – would go a long way in keeping long-term tenants from being thrust back into a rental market they can no longer afford.

"The outcome would be way fewer of these eviction notices being issued," he said. "Because a lot of them, to be frank, are just nonsense – unreasonable and totally unsupported."