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General News · 17th April 2020
Shirley
I am unable to comment on Noba's post about residential tenancies, however I was hoping Noba could share with us where we can verify the information she shared about Fixed Term Tenancies. It seems the information Noba shared is incomplete regarding fixed term tenancies which usually have a vacate clause and are legal... People in fixed term tenancies need to know if the vacate clause in their lease is still effective during the state of emergency.

Fixed Term Tenancy agreements are not discussed on the residential tenancy page dedicated to covid 19:
https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/covid-19

In the residential tenancy Act it states clearly that a "Fixed Term Tenancy" is "a tenancy agreement that specifies the date on which the tenancy ends" http://www.bclaws.ca/civix/document/id/complete/statreg/02078_01

In section 13 it states that the lease agreement must include the following: "if the tenancy is a fixed term tenancy, the date on which the term ends;
(iii.1) if the tenancy is a fixed term tenancy in circumstances prescribed under section 97 (2) (a.1), that the tenant must vacate the rental unit at the end of the term"

In a pdf titled "policy guideline 30: fixed term tenancies" which was last updated October 2019. On page 2 there is a paragraph discussing the 'vacate clause'. It states "There is no minimum amount of time that a landlord or close family member must occupy the rental unit. Occupancy can be part time, e.g., weekends only."
In the act it specifies that a fixed term tenancy can only become a month-to-month tenancy if a) there is no vacate clause and b) the landlord does not ask you to sign a new fixed term lease. (see attached .pdf or click this google search link; it is the first result https://www.google.com/search?client=firefox-b-d&q=bc+fixed+term+tenancy )
Attachments
(gl30.pdf)