Right of First Refusal after Renovation – An RTA Quagmire?
I came across an interesting issue today in my landlord and tenant practice. The Residential Tenancies Act is recognized by the Courts as a complete code, and it attempts to cover every eventuality with respect to activities between residential landlords and tenants.
But at times, it’s clear the drafters got lazy. Or intentionally left the statute vague. Sometimes intentional vagueness makes sense; we have judges and adjudicators to deal with issues that are not cut and dry and require judgement. But sometimes statues that are vague leave the parties with little direction and at risk of being sued. I think in this case it was plain laziness!
Under s.50 of the Residential Tenancies Act, a landlord can give a tenant an N13 notice to end the tenancy if they are doing renovation of the unit requiring a building permit, where the work would be so extensive that a tenant could not possibly remain in the unit. However the statute requires a 120 day notice period, 3 months compensation AND the right of return once the work is done. On the issue of return, it says:
Sounds, great, but in real life, it’s a nightmare. For instance, it’s not clear:
- How much notice the landlord has to give the returning tenant of the proposed work completion/return date?
- What happens if the landlord can’t get in touch with them despite their best efforts?
- If the landlord does give them days notice to re-occupy, how long does the tenant have to “firm up” the return so that the landlord knows they haven’t changed their mind? Does the tenant even have to firm it up?
- What if the unit is ready in November, and the landlord gives them notice of the date, and the tenant says “yes, I’m returning, but not until January”?
- How long should the landlord wait to hear back from the tenant, before they attempt to re-rent to a new tenant?
- What if renovations take more than a year to complete, eliminating the tenant’s right to sue based on the 1 year limitation period?
- What is the remedy for the tenant if the landlord simply re-rents the unit?
- The statute talks about the tenant providing a forwarding “address”, not email or phone number. Is it sufficient to write the former tenants?
- What if the landlords send a letter to the address that was provided, it’s returned undeliverable, and you have their email or phone? Are you supposed to try? Who has the onus?
Like much of landlord and tenant law and the RTA, it’s a mess. The government has repeatedly ignored obvious deficiencies and shortcomings of the statute, and has even ignored decisions by the Court of Appeal which overruled clear legislative intent based on their own (unusual) statutory interpretation. The solution when that happens is supposed to be a dialogue between the courts and the legislators, but the legislators remain silent.
As a tenant, there are certain rights you should be aware of to protect yourself.
California renters rights give you protection against landlords who wish to abuse the system.
Unfortunately, many tenants do not take the time to understand their rights and get taken advantage of.
The following explores some of the most important and most relevant rights tenants have in California.
This is only a small listing of information that can be found at our site to protect yourself.
Renters rights in Los Angeles are largely the same as in other California cities,
so this information is relevant regardless of where you live. First of all,
a landlord can never discriminate against a tenant. A landlord cannot refuse a room to or harass a tenant based on race,
color, religion, sex, sexual orientation, age, immigration status, religion, national origin,
disability, or if they are pregnant or have children. Landlords must also allow all service animals,
regardless of pet policies within the building. Your landlord also cannot try to retaliate against you if you take action against his unlawful actions. For example,
if you file a claim with an agency about your landlord, he cannot legally raise your rent, evict you,
or stop providing services because of it.
if you need more informacon check renters rights California
You need to inqure about the state of limitations and its effect on your case. if the state of limitations has expired , than this means that you will not be able to file a claim for your case.Great post on Refugee Claims Canada.
What happens if once you've vacated, as a tenant, on a notice of eviction for renovations, given said notice to move back in after renovations have been completed and the landlord decides a month later that instead of renovating the 3 bedroom apt you've been living in for 8 years, as was explained prior to moving out, that he instead intends to change the unit(s) into smaller units? What are our rights in vacating for maintenance and cosmetice renos, only to find out we will no longer have the same square footage, have fewer bedrooms, more apts meaning more people, less amenities, less privacy and the complete dynamics of our two units, changed?? Can he legally take away our apartments as we have been renting them all these years and just decide to turn them into smaller units even when we've given him the notification of returning?
Lynn, did you ever get an answer for this question? I am in the very same situation and would appreciate knowing ASAP what I can do. For now, all I know is that I must vacate in 20 days, and that my unit will no longer be available, being transformed into a bigger unit. Can a landlord do that? And if so, do I have any rights in the matter?