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month to month lease eviction

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bingoishisnamo

Junior Member
I am a Landlord In Kelowna B.C. Canada. I have signed a month to month lease with my tenants. My personal life has changed for the worse and I need to move back into my house that is being rented on a month to month lease basis.

I gave the tenants notice and they say that because of the law, and their resulting hardship, they will require 2 months notice. They would be nice though and move out in the 30 days notice but without payig for the last months rent.

How is it possible with a one month lease that I can not give just 30 days notice as the monthly lease would have expired anyways. Why does it matter If I (The Landlord) are the ones moving in or if it was a stranger moving in? Why do I as a landlord get punished even though both parties signed a month to onth lease in case any situation such as this, by either side, should quickly arise? Isnt that the point of a month to month lease? Why sign or even have an option for a month to month lease if this is the case?

Thanks so much for your time.
 


sandyclaus

Senior Member
I am a Landlord In Kelowna B.C. Canada. I have signed a month to month lease with my tenants. My personal life has changed for the worse and I need to move back into my house that is being rented on a month to month lease basis.

I gave the tenants notice and they say that because of the law, and their resulting hardship, they will require 2 months notice. They would be nice though and move out in the 30 days notice but without payig for the last months rent.

How is it possible with a one month lease that I can not give just 30 days notice as the monthly lease would have expired anyways. Why does it matter If I (The Landlord) are the ones moving in or if it was a stranger moving in? Why do I as a landlord get punished even though both parties signed a month to onth lease in case any situation such as this, by either side, should quickly arise? Isnt that the point of a month to month lease? Why sign or even have an option for a month to month lease if this is the case?

Thanks so much for your time.
According to this site: https://www.rto.gov.bc.ca/content/rightsResponsibilities/ending.aspx, a residential LL can only terminate a tenancy for cause. In this situation, the LL needs to re-occupy the unit, so TWO MONTHS notice is required. The referenced site has more information on how that's handled.
 

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