Can a BC tenant be evicted during the COVID-19 Coronavirus crisis?

According to the BC Civil Liberties Association (BCCLA): 

“You do not need to provide your medical information, including COVID-19 Coronavirus diagnosis, to your landlord. Tenancy or continued tenancy can not be contingent on the provision of medical information.”

To learn more about tenant rights during the coronavirus pandemic, see the BCCLA’s COVID-19 and Tenant Privacy Rights fact sheet or LandLord BC’s Balancing a Tenant’s Privacy Rights with Health and Safety Risks During COVID‐19.

Parties are encouraged to stay home and to file applications and evidence online.  Parties should make reasonable efforts to file within the timelines set out in the legislation. While concessions will be made when possible, there are some timelines that cannot be extended. Refer to Policy Guideline 36: Extending a Time Period to make sure you’re not missing any important deadlines. Documents that cannot be filed online can be emailed. If you don’t have access to email, contact the BC Residential Tenancy Branch for assistance. Go HERE to learn more ways to get in contact with the RTB. 

In-person services are no longer available at the Residential Tenancy Branch (RTB) Office. However, a drop-box at the Burnaby RTB Office is available to submit paper applications, evidence and payment. Notice of Hearing packages can still be picked up in person at the Burnaby office and kiosks are available.

Check out the Residential Tenancy Branch website for the most current guidelines.

The previous rent freeze was set to end on December first but on November 9th the government announced that the rent freeze would be extended  and increases set to happen on or after December 1st are cancelled until July 10, 2021.

According to the Residential Tenancy Branch: “The rent increase freeze has been extended until July 10, 2021.

If you received a notice that your rent was set to increase on December 1, 2020, don’t pay the increased amount. Continue to pay your current pre-increase rent amount until July 10, 2021.

If your landlord does collect the increased amount between December 1, 2020 to July 10, 2021, you can deduct the additional amount from future rent payments.”

Additionally, the maximum rent increase amount in 2021 cannot exceed 1.4%. Tenants must be given 3 months notice prior to a rent increase.

See COVID-19 and tenancies and the Ministry for Municipal Affairs and Housing announcement for more information. 

The BC Residential Tenancy Branch has provided answers to common questions about the changes in housing policies during the crisis. Information is available for landlords and tenants. See COVID-19 and Tenancies for up to date information. 

You can also call the Tenant Resource & Advisory Centre’s Tenant Infoline at 604-255-0546 or 1-800-665-1185.

The BC Government's ban on issuing evictions for non-payment of rent officially ended on September 1, 2020. Landlords will be able to issue a Notice to End Tenancy for unpaid rent or utilities if the tenant fails to pay full rent after August 17, 2020 (for most renters that would be September 1, 2020) or the tenant has failed to pay rent due before March 18, 2020. To assist in repayment, the province has developed a Rent Repayment Plan.

A landlord must not issue a Notice to End Tenancy for unpaid rent or utilities that came due during the specified period of March 18, 2020 to August 17, 2020 unless the landlord has given the tenant a repayment plan for the unpaid amount and the tenant has defaulted on the repayment plan. A landlord cannot charge a late fee for any unpaid rent during the specified period of March 18, 2020 to August 17, 2020.

The BC Temporary Rental Supplement (BC-TRS) Program ended on August 31, 2020. However, eligible low income families can apply for the BC Housing Rental Assistance Program (RAP).

If you were evicted before March 18th, 2020 your eviction still applies and you can either dispute it at the Residential Tenancy Branch, or accept it and move out. 

See the Residential Tenancy Branch’s website for up to date information.  You can also call the Tenant Resource & Advisory Centre’s Info line at 604-255-0546 or 1-800-665-1185 to speak to one of their staff members.

The BC Government’s ban on issuing evictions for non-payment of rent officially ended on September 1, 2020. Landlords will be able to issue a Notice to End Tenancy for unpaid rent or utilities if the tenant fails to pay full rent after August 17, 2020 (for most renters that would be September 1, 2020) or the tenant has failed to pay rent due before March 18, 2020. To assist in repayment, the province has developed a Rent Repayment Plan. Other notices to end tenancy may resume effectively immediately. 

See the Residential Tenancy Branch for more information.

The BC Temporary Rental Supplement Program ended as of August 31, 2020.

Renters who are still experiencing a loss of income may also be eligible for either the Rental Assistance Program or the Shelter Aid for Elderly Renters (SAFER) programs, which provide ongoing rental assistance for lower income families and seniors.

Details and full eligibility requirements can be found on the BC Housing Rental Assistance page, or call BC Housing at 604-433-2218 or toll-free from anywhere in B.C. at 1-800-257-7756.

The BC Government’s ban on issuing evictions for non-payment of rent officially ended on September 1, 2020. Landlords will be able to issue a Notice to End Tenancy for unpaid rent or utilities if the tenant fails to pay full rent after August 17, 2020 (for most renters that would be September 1, 2020) or the tenant has failed to pay rent due before March 18, 2020. To assist in repayment of any outstanding rent fees, the province has developed a Rent Repayment Plan

Go to the Residential Tenancy Branch for more information on housing and COVID-19. 

If you have lost your job as a result of COVID-19, you may be eligible for financial assistance from the provincial and federal governments. See HERE for a list of BC programs designed to provide financial support. 

See HERE for a list of federal programs.

Landlords can enter a rental suite with 24-hour notice and do not need the tenant’s consent. They are expected to follow health guidelines like physical distancing, cleaning and wearing masks when appropriate. See the update HERE. 

As outlined in the mask mandate order, masks are required for everyone in many public indoor settings. It is strongly recommended that masks be worn in the following areas:

• Common areas and shared facilities in apartment buildings and condos, including:
• Elevators
• Hallways
• Lobbies
• Stairwells
• Laundry rooms
• Exercise areas (when not working out)

BC landlords may only enter a tenant’s unit without notice if there is a risk to life or property. See the Residential Tenancy Branch and BC Housing for more information.

If you've lost income because of COVID-19 Coronavirus and can't pay your mortgage, you may be able to defer (postpone) payments. The most important first step is to talk to your lender. But it's important that you don’t stop making mortgage payments before you confirm with your lender that you qualify.

The Canadian Mortgage and Housing Corporation has provided some guidance on the Mortgage Deferral Program. Be aware that interest will still be charged during the deferment period. You should contact your lender for details about their policy and options.

See MyLawBC’s COVID-19 Mortgage and Rent FAQs for more details.