Our landlord evicted us for “family use.” But then he didn’t move his family in. Can I get compensation for being unfairly evicted?

If you are given an eviction notice for family use, you’re entitled (up front) to one month’s rent compensation. You’re allowed to withhold this from your rent. If the landlord (or close family) don’t end up moving in, you’re entitled to additional compensation in an amount equal to 12 months rent.

The landlord or their family member must occupy the rental unit

The landlord or their close family member must live in the rental unit for at least 12 months. (Note if the eviction notice was given before April 2024, the amount of time they must live in the unit is six months). They don't need to move in right away. But it must be within a reasonable time after you move out.

What’s considered reasonable is the amount of time fairly required. It will usually be a relatively short amount of time. Two weeks to a month is a good benchmark. A longer period might be reasonable depending on the circumstances. For example, the landlord may need to make repairs or upgrades. Tasks like replacing the carpet or repainting the walls are fairly common. It makes sense to do these types of repairs in an empty unit. So the landlord may reasonably delay the move until the work is completed.

Whether the landlord acted in good faith 

The landlord might be able to get out of paying you compensation due to “extenuating circumstances.” This excuses a landlord who honestly intended to move in, but was then prevented from doing so because of matters out of their control. Take the example of a landlord who intended to move their parents into the unit. If one of those parents passes away, it'd be understandable that plans might need to change. 

On the other hand, a landlord can’t get out of paying compensation simply because they changed their mind. Whether "running out of money" would be considered “extenuating” circumstances depends on context. Things like the age of the furnace, the landlord’s financial situation, and whether a reasonable homeowner should know to budget for a replacement heating system could all be relevant.

Applying for compensation

To get compensation, you can apply for dispute resolution with the Residential Tenancy Branch. If you’re applying online, you will need a basic BCeID account. Click on the “start new application” button. The site will walk you through the application. 

Under the law, you have two years from the date the tenancy ended to apply for this compensation. The tenancy is usually taken to end on the effective date listed on the eviction notice.

The onus is on the landlord to prove that they (or close family) moved in within a reasonable time. If they didn’t, it’s also up to the landlord to prove that circumstances prevented them from doing so.