Check whether RTB-35 applies
Under section 51.2 of the Residential Tenancy Act, the right of first refusal applies when a tenant's tenancy ended under an RTB renovation-or-repair order under section 49.2, the residential property has five or more rental units, and the tenant delivered the approved RTB-28 notice before vacating. RTB-35 is the landlord's later notice of availability; it is not a notice to end a tenancy and does not replace the original renovation order.
Complete the first page
- Identify all tenants and the landlord using their correct legal names and addresses for service. Use RTB-26 if more parties must be listed.
- Identify the same rental unit covered by the prior tenancy and enter the exact calendar date on which it will be available to rent.
- Prepare and enclose a tenancy agreement with a start date matching the stated availability date. Giving the notice without the proposed agreement does not meet the statutory requirement.
- Have the landlord sign and date the notice. Check the complete two-page prescribed form before delivering it.
Count 45 days and document service
Give both the notice and proposed agreement at least 45 days before the anticipated completion date of the renovations or repairs, allowing for legally deemed receipt when the documents are not handed over personally. The statutory 45-day deadline is tied to completion of the renovations or repairs, which may differ from the date the unit will be available for a new tenancy. Clearly distinguish those dates when completing the notice. Official-material inconsistency: the July 2021 RTB-35 PDF and RTB-28 instructions describe the deadline as 45 days before the unit's availability, but the current Residential Tenancy Act section 51.2(2) and the Province's form directory measure it from completion of renovations or repairs. When the two dates differ, seek RTB guidance and arrange service early enough to meet both dates rather than relying solely on the later one. The form includes a service record for personal delivery, registered mail, mailbox delivery, door posting, fax or email provided as an address for service, or a method permitted by an RTB substituted-service order. Use only an authorized method in the actual circumstances and retain proof of service.
The tenant's response and possible compensation
The tenant has until the stated availability date to enter into the new tenancy agreement. If they do not, the statutory right of first refusal ends and the landlord may rent to another person. If the landlord fails to meet the notice-and-agreement obligations, section 51.3 provides compensation equivalent to 12 months of rent under the previous tenancy, unless an arbitrator finds extenuating circumstances that prevented compliance.
Common mistakes
Sending RTB-35 too late, failing to include the new tenancy agreement, sending it to an outdated contact address without valid service, or using it for a tenant who did not qualify or did not give RTB-28 before leaving. Keep the RTB-28, renovation order, completed RTB-35, new agreement and delivery records together.