Power of a Strata to Evict a Tenant

“The whole of time we gain or lose – And power enough to choose”

Brooklyn (Owes the Charmer Under Me) by Steely Dan

CAN A STRATA EVICT A TENANT?  

A Strata may evict a Tenant even though the Strata is not a party to the tenancy agreement. A Strata may only evict a Tenant when the Tenant repeatedly or continuously breaches a reasonable and significant bylaw and this repeated or continuous breach seriously interferes with another person's use and enjoyment of a Strata Lot, the Common Property or the common assets.

We have an article describing the limits to the scope of bylaws that a Strata should be familiar with before assessing whether a Tenant has been in breach of a significant bylaw.

WHAT IS THE STRATA’S AUTHORITY TO EVICT A TENANT?

A tenancy agreement is a contract between the landlord and tenant. We have an article explaining the requirements for a contract. It is well known that only a party to a contract can commence a legal action to enforce its terms. This is called “standing”.

This means that, under the law of contract, a Strata has no ability to enforce the terms of that contract.

The Strata Property Act modifies the principle of standing by giving the Strata a limited statutory right to stand in the place of a landlord and evict a Tenant. This means that a Strata may evict a Tenant when the landlord will not. A Strata only has standing to evict a Tenant in limited circumstances compared to the landlord.

A Strata's ability to enforce a tenancy agreement is limited to evictions. A Strata could not, for example, try to collect unpaid rent on behalf of the landlord.

WHEN CAN A LANDLORD EVICT A TENANT?

The landlord’s right to evict a Tenant primarily derives from the Residential Tenancy Act. The Residential Tenancy Act allows a landlord to evict a Tenant without cause so:

• The landlord can occupy the unit,

• The landlord’s family member can occupy the unit,

• The landlord can renovate the unit.

A Strata has no authority to attempt to evict a tenant for any of those reasons.

The Residential Tenancy Act also allows a landlord to evict a tenant for cause when:

• The Tenant is repeatedly late in paying rent,

• The Tenant causes extraordinary damage to the unit,

• The Tenant seriously jeopardizes the health or safety of others.

The Strata has no authority to attempt to evict a tenant for any of those reasons, unless the Tenant breaches a bylaw when they seriously jeopardize the health or safety of others.

The Strata Property Act creates another basis for a landlord to evict a Tenant - when the Tenant has repeatedly or continuously breached a reasonable and significant bylaw or rule of the Strata.

WHEN CAN A STRATA EVICT A TENANT?

A Strata’s right to evict a Tenant derives from the Strata Property Act which permits a Strata to evict a Tenant when the Tenant has repeatedly or continuously breached a reasonable and significant bylaw or rule and this breach seriously interferes with another person's use and enjoyment of a Strata Lot, the Common Property, or the common assets.

A Strata and landlord have slightly different authority under the Strata Property Act to evict Tenants:

• A landlord may evict a Tenant when the Tenant repeatedly or continuously breaches a reasonable and significant bylaw or rule.

• A Strata may only evict a Tenant when the Tenant repeatedly or continuously breaches a reasonable and significant bylaw or rule and this repeated or continuous breach seriously interferes with another person's use and enjoyment of a Strata Lot, the Common Property or the common assets.

THE STRATA CAN EVICT A TENANT WHEN THE LANDLORD WILL NOT

In practice, it is better for the Strata that the landlord evict a Tenant and take on the associated costs. A Strata may, however, pursue the eviction itself when the landlord is unresponsive or delays.

Robust and resilient Strata communities face their challenges head on even when the action required, such as an eviction, seem distasteful. When faced with a problematic Tenant, a Strata can ask the landlord to pursue eviction. A Strata can also pursue the eviction itself.