Who qualifies?
A tenant qualifies for this statutory right when an arbitrator has issued the required renovation or repair order under section 49.2, the property has at least five rental units, and the tenant sends RTB-28 to the landlord before moving out. This is different from a four-month demolition or conversion notice (RTB-29), a voluntary mutual agreement (RTB-8), or a routine renovation that does not require ending the tenancy.
Complete the tenant notice
- Enter the full names and address for service of each landlord; use RTB-26 for additional parties.
- Enter the name and contact information of every tenant exercising the right.
- Identify the rental unit where the tenant presently lives and the forwarding address, email and telephone information where the landlord can contact the tenant after move-out.
- Sign and date the notice, then serve it on the landlord using a legally permitted method. Complete the proof-of-service portion and retain delivery records.
The deadline is before move-out
The tenant must give this notice before vacating the rental unit, not after construction has started or finished. A tenant should keep a complete copy and proof that the landlord received or is deemed to have received it. Legal receipt dates can vary: the form lists three days for mailbox, door posting, fax or agreed email service, and five days for regular or registered mail, unless evidence establishes another receipt date. Do not leave service until the last moment.
What the landlord must do
When a qualifying tenant has delivered RTB-28, the landlord must give the tenant RTB-35, Notice of Availability, and a proposed new tenancy agreement at least 45 days before the renovations or repairs are completed, under Residential Tenancy Act section 51.2(2). The new agreement must commence on the unit's actual availability date. Form-versus-statute discrepancy: the July 2021 RTB-28 and RTB-35 PDFs describe the 45 days relative to availability, whereas the current Act and provincial form directory specify completion of the work. If the dates differ, seek RTB guidance and serve early enough to satisfy both deadlines. The tenant receives the first opportunity to re-rent the unit. If the tenant does not enter into the new agreement on or before the availability date, the statutory right ends.
Compensation if the landlord fails to comply
Section 51.3 provides for compensation equivalent to 12 months of rent under the previous tenancy agreement if a landlord does not provide the required availability notice and tenancy agreement. An arbitrator may excuse payment where qualifying extenuating circumstances prevented compliance. This compensation rule is separate from the one-month rent compensation that may arise from the renovation order itself.
Common mistakes
Assuming any demolition or repair notice gives a first-refusal right, overlooking the five-unit threshold, sending the form only after moving out, failing to keep updated forwarding information, or expecting the landlord to hold the unit indefinitely after the availability date.