When should this form be used?
Use RTB-8 only where both sides genuinely agree to bring an existing tenancy to an end on a specified date. Unlike a notice to end tenancy issued by one party, a signed mutual agreement generally ends the tenancy on the date and at the time written in the form. The agreement can apply to ordinary residential tenancies or manufactured home park site tenancies, where relevant.
What rights could signing affect?
The current official RTB-8 warns that signing may mean giving up compensation a tenant might otherwise receive after a landlord's notice to end tenancy. The Province also cautions that a landlord may give up compensation otherwise claimable for a tenant's early termination of a fixed term. This can be consequential even if a different eviction notice was already served. Check the precise compensation and any other negotiated obligations before signing; do not assume they survive a mutual agreement.
What to complete
- Record the legal names of all landlords and tenants, their contact and address details, and the address of the rental premises or manufactured home site.
- Specify the exact move-out date and time (AM or PM), not just the month or an ambiguous deadline.
- Have the landlord and tenants sign and date the agreement. Give each party a complete signed copy.
- Document any separately negotiated moving costs, compensation or deposit arrangements clearly in writing, and ensure they do not conflict with mandatory tenancy law.
Do not use it to force an eviction
A landlord cannot require a tenant to sign RTB-8, threaten them into signing, or use it to pre-set a mandatory move-out date at the beginning of a tenancy. Likewise, the tenant cannot force the landlord to agree. The Province says an exchange of ordinary text messages does not legally establish a mutual agreement; if completing the agreement by email, both parties should attach and digitally sign the PDF form.
What happens to deposits?
A mutual ending does not mean a residential security or pet damage deposit is automatically forfeited. The usual deposit-return, written forwarding-address and lawful-deduction rules still matter. Keep records of the move-out inspection, forwarding address, signed agreement and any separate deposit authorization.
Common mistake
Signing because the landlord says eviction is inevitable, signing without checking the compensation that might be lost, or entering a date without a time. If you are uncertain, ask the Residential Tenancy Branch or a tenancy advocate before signing; reversing a signed mutual agreement can be difficult.