RTB-35 – 45 Day Notice of Availability of an Extensively Repaired or Renovated Rental Unit in British Columbia

The “RTB-35 – 45 Day Notice of Availability” form is a crucial document utilized by landlords to inform tenants about the availability date of a rental unit that has undergone extensive repairs or renovations. It is a mandatory procedure outlined under section 51.2 (2) of the Residential Tenancy Act, designed to uphold the tenant’s right of first refusal for re-renting the said unit. The form serves as a formal notification to the tenant, detailing the rental unit’s location and the expected availability date, alongside a new tenancy agreement prepared for signing. This document also outlines the method of service, ensuring the tenant receives the notice in a timely manner, and delineates the consequences of failing to enter into a new tenancy agreement by the specified date. Additionally, it emphasizes the compensation entitled to the tenant should the landlord fail to comply with these obligations, underlining the legal protections in place for tenants in British Columbia.

The notice to enter premises BC form is a document that landlords use to inform tenants about an upcoming entry into their rental unit. The purpose can vary from routine inspections, repairs, and showing the property to prospective tenants or buyers, to responding to emergencies. The requirements for such notices, including how much advance notice must be given, can vary depending on local laws and the terms of the lease agreement.

Filling out this form requires careful attention to detail to ensure all the necessary information is accurately provided. Here is a step-by-step guide to help you complete the form:

Step 1: Tenant Information

To the Tenant: Fill in the full names (first and middle names, last name) and address for service of the tenant(s) who has the right of first refusal. This includes the site/unit number, main phone number, street name and number, other phone (if applicable), city, province, postal code, fax (if applicable), and an email address for document service.

Step 2: Landlord Information

From the Landlord: Provide full names (first and middle names, last name) and address for service of the landlord. This section mirrors the tenant section in terms of the information required: site/unit number, main phone, street name and number, other phone (if applicable), city, province, postal code, fax (if applicable), and email address for document service.

Step 3: Rental Unit Details

Detail the specific location of the rental unit that will be available, including site/unit number, street name and number, city, province, and postal code.

Step 4: Availability Date

Specify the date on which the rental unit will be available to rent (DD/MM/YYYY format).

Step 5: Enclose Tenancy Agreement

Confirm that you have prepared and enclosed a tenancy agreement for the tenant to sign.

Step 6: Signature

The landlord must sign the form and date it (DD/MM/YYYY format).

Step 7: Delivery Method

On page 2, you will find options for how the notice can be served to the tenant. Choose the method you have used:

• In person to the tenant or an adult (over 19) living with them.
• By registered mail to the tenant’s residence.
• Leaving a copy in the mailbox or mail slot at the tenant’s residence.
• Attaching a copy to the door or another conspicuous place at the tenant’s residence.
• As ordered by the Director of the Residential Tenancy Branch (attach copy of Substituted Service Order).
• Faxing it to the tenant’s provided fax number.
• Emailing it to the tenant’s provided email address.

Important Notes

• Remember, the landlord must provide this notice at least 45 days before the rental unit becomes available.
• The tenant has until the availability date to enter into a new tenancy agreement for the rental unit.
• Familiarize yourself with the conditions under which the tenant is considered to have received this notice, as they impact the legal timeframe for responses.

Ensure all sections are filled out accurately to maintain compliance with the Residential Tenancy Act and safeguard both parties’ rights and responsibilities.