Who can request a purchaser-use notice?
Under Residential Tenancy Act section 49(5), there must be an agreement in good faith to sell the property, all conditions for the sale must have been satisfied, and the purchaser must ask the seller in writing to give the tenant notice so the purchaser or a qualifying close family member can occupy the rental unit. Close family generally refers to a parent, spouse or child of the purchaser or a parent or child of the purchaser's spouse. A purchase agreement cannot require the seller to evict the tenant as a condition of sale. The intended occupant must genuinely plan to live in the unit for at least 12 months.
Check building, ownership and tenancy eligibility
Personal-occupancy termination is restricted in buildings with five or more rental units when the building is not strata-titled or is strata-titled and the relevant units have the same owner. Verify the exact section 49(6.1) facts before using the portal. A purchaser-use notice cannot set an effective date before the lawful end of an existing fixed-term tenancy.
What the seller needs before generating RTB-32P
- The final signed, unconditional purchase-and-sale agreement and a separate written request from the purchaser asking the seller to give the notice for personal occupancy.
- A completed RTB-58 Contract of Purchase and Sale Information with buyer and seller names, property identifier, contract date, completion date and possession date. Upload it through the Landlord Use Web Portal as instructed.
- Correct names of the intended occupants, their eligibility and good-faith plans, the rental address, current rent, tenure information, service details and the portal's required identity information.
- After generating the notice, review its unique Notice ID, move-out date and all pages. Serve the tenant the official portal-generated notice using an authorized method and retain proof of service.
21 days to dispute versus three months to move
A tenant with a current RTB-32P has 21 days from actual or legally deemed receipt to file an RTB dispute. A three-month notice generally ends on the appropriate day of the rental period and cannot end an unexpired fixed term. In a dispute, the seller and purchaser may need to substantiate the unconditional sale, written purchaser request, eligibility and good-faith occupation. If the tenant does not dispute in time, a landlord may apply for an order of possession through the applicable RTB process, not change the locks independently.
Compensation, leaving earlier and what happens after the sale
The tenant is generally entitled to one month's rent compensation on or before the notice's effective date under section 51. A tenant in a periodic tenancy may give at least 10 days' written notice to move sooner, keep the statutory compensation and receive any prepaid rent refund for the unused period. Fixed-term tenancies have additional limitations on early termination. When the sale completes, the new owner generally assumes the landlord's obligations for deposits; buyer and seller should account for security and pet damage deposits at closing.
Potential additional 12 months' compensation
The buyer or qualifying occupant must take steps to accomplish the stated purpose within a reasonable time and occupy the unit for at least 12 months. If the stated purpose is not achieved or the required use is not maintained, the former tenant may qualify for additional compensation of 12 months' rent, subject to the RTB's findings and the statutory extenuating-circumstances exception.
What if the buyer already owns the property?
If title has transferred and the purchaser is now the landlord, BC explains that the new owner ordinarily uses RTB-32L to issue a landlord-use notice instead. RTB-32P is the route for the seller giving the notice on the buyer's written request before possession. A mere sale, even with an eager buyer, does not by itself end a tenancy.
Transition rules and mistakes
The modern three-month notice and 21-day dispute periods apply to purchaser-use notices under the provincial transition effective August 21, 2024; some older notices had four-month and 30-day periods. Do not assume an old notice follows today's deadlines. Common errors include generating a notice while sale subjects remain unresolved, lacking a purchaser's written request, skipping RTB-58, using a paper template, selecting an ineligible property or occupant, or calculating 21 days from the issue date instead of the legal receipt date.