Strata-issued and landlord-issued notices are different
Strata Property Act section 138 allows a strata corporation, in the limited circumstances described above, to end a residential strata tenancy using the process in Residential Tenancy Act section 47. An individual landlord can have a separate ability to serve a cause notice under the law, but RTB-33S is for the strata corporation's notice. The required link between the repeated violation and serious interference is significant: the council should retain actual supporting evidence rather than treating a fine or warning as automatic grounds for tenancy termination.
Complete the prescribed four-page notice
- Tenant: Record all tenant names, the strata unit address and any service email expressly authorized for legal notices. Use RTB-26 to add parties where the form requires.
- Strata corporation: Identify its legal strata corporation name and strata plan number, contact person, service address, phone and email.
- Landlord/owner: Include the strata lot owner's identity and contact information. The official form includes the landlord as a party for the proceeding, although the main dispute is between tenant and strata corporation.
- Cause and details: Identify the specific reasonable, significant bylaw or rule, describe the dates, incidents and repeated or continuing nature of the contraventions, and explain how they seriously interfere with another person's use or enjoyment. Attach the applicable bylaw/rule and supporting evidence where available. The issuer must sign, date and give a lawful effective date.
Effective date and dispute deadline
The notice must allow at least one rental month after legal receipt and normally end on the last day of the rental period. For a fixed-term agreement, verify whether the legal effective date is constrained by the term. The tenant has only 10 calendar days after receipt to apply to the RTB to dispute. The application must name the strata corporation as respondent, not only the individual landlord; the landlord is also a party to the proceeding. Check actual or deemed receipt dates if service was by mail, posting or authorized electronic means.
What happens if the notice is disputed?
The strata corporation must prove the statutory basis for the notice at dispute resolution, including the rule's validity and significance, the repeated or continuing breach, and the serious interference alleged. A tenant may contest the facts, the nature of the bylaw or rule, the severity of interference, or the notice's validity and service. The notice does not give the strata corporation permission to change locks or physically remove a tenant; possession must be obtained and enforced through lawful procedures.
Common mistakes
Using RTB-33S for a single minor infraction, failing to establish serious interference, listing only the landlord as respondent in a dispute, giving insufficient particulars about the incidents, or assuming an unpaid strata fine itself is sufficient to evict. Preserve all pages and service proof.