RTB 32
RTB 32
or Because the Tenant Does Not Qualify for Subsidized Rental Unit
Residential Tenancy Act, s.49 or s.49.1 #RTB-32
Tenant: This is a legal notice that could lead to you being evicted from your home
HOW TO DISPUTE THIS NOTICE
You have the right to dispute this Notice within 15 days of receiving it, by filing an Application for Dispute
Resolution with the Residential Tenancy Branch online, in person at any Service BC Office or by going to the
Residential Tenancy Branch Office at #400 - 5021 Kingsway in Burnaby. If you do not apply within the required
time limit, you are presumed to accept that the tenancy is ending and must move out of the rental unit by the
effective date of this Notice.
To the Tenant: (use Schedule of Parties form #RTB-26 to list additional tenants)
first and middle name last name
Tenant Address:
unit # street # and name city province postal code
From the Landlord: (use Schedule of Parties form #RTB-26 to list additional landlords)
Landlords address:
site/unit # street # and name city province postal code
I, the Landlord, give you Two Month's Notice to move out of the rental unit located at:
unit # street # and name city province postal code
DD/MM/YYYY
You must move out of the rental unit by:
Your personal information is collected under section 26 (a) and (c) of the Freedom of Information and Protection of Privacy Act for the purpose of
administering the Residential Tenancy Act. If you have any questions regarding the collection of your personal information, please call 604-660-1020
in Greater Vancouver; 250-387-1602 in Victoria; or 1-800-665-8779 elsewhere in B.C.
A landlord may end a tenancy with two months’ notice if the landlord or purchaser or close family member intends to
occupy the rental unit, or if the tenant no longer qualifies for a subsidized rental unit.
Your landlord, or the purchaser, has to intend in good faith to accomplish the purpose for ending your tenancy. A claim
of good faith requires honesty of intention with no ulterior motive.
Good faith is a legal concept meaning a party is acting honestly when doing what they say they are going to do or are
required to do under legislation or the tenancy agreement. It also means there is no intent to defraud, act dishonestly, or
avoid obligations under the legislation or the tenancy agreement.
If the good faith intent of the landlord is disputed by the tenant , the onus is on the landlord to establish that they truly
intent to do what they say on the Notice and do not have another purpose or ulterior motive for ending the tenancy.
If a tenant claims a landlord is not acting in good faith, the tenant may substantiate the claim with evidence. For
example, an advertisement for the rental unit may be evidence of the landlord having an ulterior motive for ending the
tenancy.
The effective date of this Notice is the date you must move out by. Your landlord must provide you with at least two
month's notice and the effective date must be the last day of the rental period. For example, if you pay rent on the first
day of each month, the effective date must be the last day of a month. For a fixed term tenancy agreement, the effective
date cannot be earlier than the date the term ends.
If this Notice was served under the reasons for landlord’s use of property, on or before the effective date of this Notice,
your landlord has to compensate you an amount equal to one month’s rent payable under your tenancy agreement. You
may withhold your last month’s rent instead of being paid compensation. If you have already paid your last month’s rent,
your landlord must refund you that amount.
If this Notice was served to you for no longer qualifying for the subsidized rental unit, the provision for compensation
equivalent to one month’s rent does not apply.
If your tenancy is periodic (e.g. month-to-month), you can end the tenancy sooner than the date set out in this Notice as
long as you give the landlord at least 10 days written notice and pay the proportion of rent due to the effective date of
that notice. Ending the tenancy early does not affect your right to the one-month compensation above. Fixed term
tenancies cannot be ended earlier than the end of the term.
After you move out, if your landlord does not take steps toward the purpose for which this Notice was given within a
reasonable period after the effective date of this Notice, your landlord must compensate you an amount equal to 12
months’ rent payable under your current tenancy agreement.
You must apply to the Residential Tenancy Branch to be awarded this compensation. Your landlord may be excused
from paying this amount if there were extenuating circumstances that prevented your landlord from accomplishing the
purpose for ending your tenancy or using the rental unit for that purpose for at least 6 months.
You are considered to have received this notice on the day it is given to you in person (or to an adult (19+) who appears
to live with you)
If you were not personally served with this Notice, you are considered to have received the Notice, unless there is
evidence to the contrary, on the following:
• 3 days after the landlord either leaves the Notice in the mailbox or through the mail slot; posts it on the door or a
noticeable place at the address where you live; or emails/faxes it to a number you have provided as an address for
service; or
• 5 days after the landlord sends the Notice by registered or regular mail to the address where you live.
Note: The date a person receives documents is what is used to calculate the time to respond; the deeming
provisions do not give you extra time to respond
You can file an Application for Dispute Resolution for an Order of Possession if you believe the tenant does not intend to
move out and the tenant’s deadline to dispute this Notice has expired. The tenant has 15 calendar days from the date of
receipt of this notice to file an Application for Dispute Resolution.
If the tenant disputes this Notice, a hearing will be held. You will have an opportunity to participate and prove that the
tenancy should end for the reason you have indicated on this Notice.
An error in this Notice or an incorrect move-out date on this Notice does not make it invalid. An arbitrator can order that
the tenancy ends on a date other than the date specified on this Notice.
If an arbitrator upholds this Notice, the arbitrator must grant an Order of Possession to you. If an arbitrator determines
this Notice is not valid, the notice to end tenancy is cancelled and the tenancy continues.
Keep copies of all Notices to End Tenancy and record each date and how the Notice was given or received.
You MUST NOT physically evict a tenant without a Writ of Possession, change the locks without an arbitrator’s order, or
seize a tenant’s personal property without a Court Order.