canada rental-property residential-lease british-columbia
In BC residential tenancy is there no longer a fixed term lease where tenant must vacate at end?
<p>To my understanding the new government changed laws so that when a fixed term tenancy comes to an end, it automatically is converted to a month-to-month tenancy. There is no longer the option to have a tenant move out at the end of the fixed term. It's very difficult for a landlord to end a month-to-month tenancy</p>

<p>From <a href="https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/landlord-notice/two-month-notice" rel="nofollow noreferrer">Two Month Notice to End Tenancy</a></p>

<blockquote>
  <p>When a landlord ends a tenancy for landlord’s use of property, the
  landlord must give the tenant the equivalent of one month’s rent on or
  before the effective date of the landlord's notice. This is true even
  if the tenant pays rent for the last month.</p>
</blockquote>

<p>Is my understanding correct? A landlord can only end a tenancy because he wants the place back and would still have to give a free month (aside from eviction for cause)? </p>

<blockquote>
  <p>In BC residential tenancy is there no longer a fixed term lease where tenant must vacate at end?</p>
</blockquote>

<p>Yes. A carefully drafted lease may preempt the automatic conversion from fixed-term to month-to-month tenancy that is provided in <a href="http://www.bclaws.ca/civix/document/id/complete/statreg/02078_01#section44" rel="nofollow noreferrer">section 44(3) of the Residential Tenancy Act</a>. The landlord needs to ensure that the terms of the lease "<em>require the tenant to vacate the rental unit on [the] date [specified as the end of the fixed term tenancy agreement]</em>", <em>Id</em>. Accordingly, the notion that "<em>[t]here is no longer the option to have a tenant move out at the end of the fixed term</em>" is mistaken.</p>

<p>Even where statutory conversion already has occurred, it is still possible for the tenant to avert the duty to compensate the tenant if "<em>landlord and tenant agree in writing to end the tenancy</em>" (section 44(1)(c)), which is an alternative to terminations premised on <em>landlord's use of property</em> (section 44(1)(a)(v)). Note that section 51(1) reflects that tenant's compensation is premised only on section 49 <em>[landlord's use of property]</em>, not on other scenarios such as 44(1)(c).</p>
