What happens to renters when a property changes hands? Many tenants and landlords are unsure if a new owner can legally end an existing rental agreement.
So, can a new landlord evict current tenants? The short answer is no.
Ownership changes don't automatically give new landlords the right to evict. Still, there are exceptions tied to specific legal grounds.
Today, we're taking a closer look at what the law says about tenant protections, notice rules, and when, if ever, a new landlord can evict current tenants in Surrey.
Tenant Eviction Laws: Understanding the Tenant's Rights in Surrey
When a property in Surrey is sold, many new landlords expect to make changes right away. But existing tenants have legal rights that do not disappear just because the property has a new owner.
British Columbia's Residential Tenancy Act protects these rights. There are a few important points to understand about tenant protection in Surrey:
- Tenancy agreements continue after a property sells
- Lease terms cannot be changed without the tenant's consent
- Tenants are protected from eviction without legal grounds
Tenancy Agreements Continue After a Property Sells
A tenancy agreement is a legal contract. If a tenant has a fixed-term lease or is on a month-to-month agreement, that contract stays valid even if the owner changes. The new landlord inherits the same terms, including:
- Rent amount
- Payment schedule
- Notice periods
Lease Terms Cannot Be Changed Without the Tenant's Consent
A new landlord may want to increase the rent or add new rules, but they can't do that right away. Any changes must follow the legal process, including written notice and proper timing. In most cases, tenants have to agree before any updates to the lease can take effect.
Tenants Are Protected from Eviction Without Legal Grounds
Landlords must follow strict rules if they want to end a tenancy. A new owner cannot evict a tenant just because they want the property empty.
Only certain reasons are allowed under the law, such as personal use or major repairs. Even then, proper notice and compensation are often required.
Can a New Landlord Evict Current Tenants?
When someone buys a rental property, they often expect to have full control. But there are limits to what they can do under the law.
Tenants do not lose their protections just because the name on the title has changed. Any eviction attempt must follow the rules set by the Residential Tenancy Act, and the process must be based on legal grounds.
There are three main reasons a new landlord can end an existing tenancy:
- The landlord or a close family member plans to move in
- The property needs major repairs that require it to be empty
- The tenant has broken the terms of the agreement, such as failing to pay rent
The Landlord or a Close Family Member Plans to Move In
If a new landlord wants to use the home as their primary residence, they may be able to issue a legal notice to end the tenancy. This reason must be real, not just a way to remove the tenant.
The landlord or their close relative must move in within a reasonable time. A written notice is required, and in most cases, one month's rent must be paid to the tenant as compensation.
The Property Needs Major Repairs
Sometimes the property is in such poor shape that it must be vacant for work to be done. It might include:
- Serious structural repairs
- Plumbing overhauls
- Other major upgrades
In these cases, the landlord may apply to end the tenancy. Still, they must prove that the work cannot happen while someone is living there.
The Tenant Has Broken the Terms of the Agreement
If a tenant fails to pay rent, causes damage, or breaks the agreement in other ways, the landlord can take action. But even then, they must provide written notice and give the tenant a chance to correct the issue before moving forward with eviction.
Notice Periods and Compensation Rules
Even when a landlord has a valid reason to end a tenancy, they still have to follow strict rules about notice and compensation. These rules are in place to give tenants time to prepare and protect them from sudden or unfair loss of housing.
When ending a tenancy for reasons like personal use or major repairs, the landlord must give written notice at least two months before the move-out date.
For situations involving tenant misconduct, like unpaid rent, the notice period may be shorter. But even in those cases, there are rules about how and when the notice must arrive. The landlord can't just tell the tenant to leave without using the proper forms.
Failing to Follow These Steps Can Lead to Legal Trouble for the Landlord
If the landlord does not provide the correct notice or skips the compensation step, the tenant has the right to dispute the eviction through the Residential Tenancy Branch.
This can delay the process and may lead to penalties for the landlord. It can also affect future plans for the property if tenants can remain until the matter resolves.
Avoid Any Self-Help Methods Like Changing Locks or Cutting Off Services
A landlord is not allowed to force a tenant out by locking them out or turning off heat, water, or electricity. These actions are illegal and can lead to large fines.
Tenants also need to follow proper steps if they think they are being treated unfairly. Taking action without going through the right channels usually makes things worse.
Eviction Process in Surrey
So, in Surrey, can a new landlord evict current tenants? The answer depends on clear rules, valid reasons, and a proper process under the Residential Tenancy Act.
At Axford Real Estate & Property Management, we combine industry knowledge with hands-on experience to help you grow your rental portfolio. From preparing your property to rent to handling maintenance and tenant needs, we tailor our services to meet your goals. We also offer expert insight on buying, selling, and investing in real estate across the Lower Mainland and Fraser Valley, with licensed REALTORS® ready to guide your next move.
Get in touch to find out how we can help with your property management needs!