| A:
An electronic copy of the Act can be found at http://www.qp.gov.bc.ca/statreg/stat/R/02078_01.htm Section 46 of the Act allows for a 10-day notice to end a tenancy for nonpayment of rent or utilities. Sections 47 and 48 of the Act specify a 1-month notice for cause or employment. Section 49 deals with landlord use of property, conversion to other uses, demolition and repair, etc., and this calls for a 2-month notice. Section 51 (1) of the Act says that a landlord who gives a tenant notice to end a tenancy under section 49 must pay the tenant, on or before the effective date of the notice, an amount that is equivalent to one month's rent payable under the tenancy agreement. This basically means you get a free month's rent, then Elvis must leave the building.
You have the option of disputing the landlord's section 49 notice in the time set out in the notice itself. If you decide to dispute the notice you are required to complete the forms in the time set out, file them with the RTO, then you'll be off to hash it out in front of a 'dispute resolution officer', meaning that you get to 'tell it all at City Hall'. At the dispute resolution hearing you'll learn that if the landlord acted within the legislation, he'll almost certainly will win and be granted an Order of Possession. From what you are stating though, the landlord wants the place empty so he can sell it, which is very different from you not meeting the subsidized rent bit, so this is what you'll likely argue when you get your day in court. How this one ends up will depend on what the paperwork really says, what the circumstances actually are, what is led in evidence, and who you draw as a 'dispute resolution officer'. I can tell you that if the landlord's reason given for issuing the notice is challenged and found wanting that you will likely be living at this address for some time to come. If not, you're moving. |
