RTB-35 – 45 Day Notice of Availability Of an Extensively Repaired or Renovated Rental Unit

Jurisdiction: Country: Canada | Province/State: British Columbia

What is an RTB-35 – 45 Day Notice of Availability Of an Extensively Repaired or Renovated Rental Unit?

RTB-35 is the standardized notice a landlord must give a former tenant when a rental unit becomes available after extensive repairs or renovations that required the tenant to move out. It is a mandatory step in the “right of first refusal” process. The notice tells the former tenant that the unit will be ready on a specific date and invites them to return on a new tenancy at the same rent, subject only to any lawful increases that would have applied if the tenancy had continued.

You use this form only when the previous tenancy ended for extensive repairs or renovations that truly required vacant possession. It does not apply to demolitions or conversions, or to terminations for other reasons such as landlord use or non-payment.

Who typically uses this form?

Landlords and property managers complete and serve it. Former tenants receive it. A tenant then uses the response section to accept or decline their right to return. Legal representatives may assist, but the parties themselves sign and serve.

Why would you need this form?

As a landlord, you need to comply with the law after you end a tenancy for substantial work. Serving RTB-35 preserves your ability to re-rent the unit and reduces financial risk. As a tenant, you need this form to exercise your right to move back in at the rent you paid before the work started, with only lawful adjustments.

Typical usage scenarios involve large-scale work such as replacing plumbing risers, rewiring, structural work, asbestos abatement, or major envelope or systems upgrades that make it unsafe or impractical for the tenant to remain. After the work is substantially complete and you can target an availability date, you serve RTB-35 at least 45 days before the unit will be ready. The tenant then has 30 days from receipt to accept the offer to return.

The form records key facts: parties’ names and contact details, the rental address, a description of the work, the earliest date the unit will be available, the rent being offered, the acceptance deadline, and how to respond. It also documents service, which is critical for enforceability.

When Would You Use an RTB-35 – 45 Day Notice of Availability Of an Extensively Repaired or Renovated Rental Unit?

You use RTB-35 after you have lawfully ended a tenancy because the unit required vacant possession for extensive repairs or renovations, and you are ready to set a return date. This is common in older buildings undergoing major system replacements, in suites that needed structural remediation, or where hazardous materials required full decanting. If the work was cosmetic or could have been done safely with the tenant in place, this form does not apply.

Here is a typical landlord scenario. You served a four-month notice to end tenancy for extensive repairs, supported by permits and a construction plan. The tenant moved out on the termination date. Your contractor completes the work and gives you a realistic handover date. You count backwards to ensure you can give at least 45 days’ notice before the unit will be available. You complete RTB-35, set the earliest availability date, and serve every former tenant named on the previous agreement. You build in the deemed service time if serving by mail or email. You offer the rent at the same rate the tenant paid before, adjusted only for any allowable increase that would have been lawful during the period. You provide clear instructions for the tenant to accept within 30 days.

Here is a tenant scenario. You received a four-month notice because your unit needed extensive repairs that could not be done with you living there. You moved out. Weeks later, you receive an RTB-35 advising the unit will be ready in 60 days. The form states the rent offered and your deadline to respond. You review the work description, the proposed availability, and the rent. If you want to return, you sign the acceptance section and send it back before the 30-day deadline. You then coordinate a new tenancy agreement and your move-in.

There are situations when RTB-35 should not be used. If the unit was demolished or converted, there is no right of first refusal to that unit. If the renovation altered the unit so much that it is no longer “substantially the same” residential premises, consult counsel before serving, as the right may not apply. If the original notice to end tenancy was for a different reason, this form is not appropriate.

Timing matters. The 45-day clock runs from when the tenant is deemed to receive the notice, not when you draft it. Personal service is immediate. Email and mail have deemed-receipt delays. Always factor this into your filing and mailing dates so the earliest availability date is at least 45 days after deemed receipt. The tenant’s 30-day acceptance window also starts on the deemed receipt date.

Legal Characteristics of the RTB-35 – 45 Day Notice of Availability Of an Extensively Repaired or Renovated Rental Unit

RTB-35 is part of a statutory framework that protects tenants from displacement after extensive repairs or renovations. The notice is legally significant because it triggers and documents the tenant’s right of first refusal to return to the unit. If you are a landlord, serving a proper RTB-35 helps you meet your legal obligations and avoid compensation claims. If you are a tenant, a timely acceptance of this form creates a binding right to enter a new tenancy on the stated terms.

Why is it legally binding? The law in British Columbia imposes duties on landlords who end a tenancy for extensive repairs or renovations. Those duties include good‑faith intention to do the work, proper permitting, compliance with service rules, and an obligation to offer the former tenant a chance to return. RTB-35 captures the offer. When a tenant accepts within 30 days of receipt, an agreement to enter a new tenancy arises. A landlord who fails to honour a valid acceptance risks orders for compensation and other remedies.

What ensures enforceability? Accuracy, service, timing, and content. The notice must identify all former tenants, set an availability date at least 45 days after deemed receipt, and offer the rent at the same rate the tenant paid before the end of tenancy, subject only to any lawful annual increases that would have applied if the tenancy had continued. The unit offered should be substantially the same premises that the tenant left. You must serve the notice using a permitted method and keep proof. You should be able to show that the work was extensive enough to require vacancy and that the unit will be habitable on the availability date. Attaching relevant permits or inspection confirmations, while not always mandatory, supports your position.

General legal considerations include the following. If you do not serve RTB-35, or if you rent the unit to someone else at a higher rent without offering it back, you may face significant monetary liability. If you serve late or miscalculate service timelines, your 45-day lead time may be defective, and the tenant’s acceptance rights may extend. If the tenant accepts and you refuse to enter a new tenancy on the offered terms, the tenant can seek an order to enforce the right or claim compensation. If the tenant does not respond within 30 days of receipt, the right of first refusal lapses, and you may re-rent the unit.

The rent you offer must respect provincial rent rules. You cannot use the vacancy caused by renovations to reset the rent to market. Only lawful annual increases that would have been available during the period can be applied, and you must calculate them carefully. When in doubt, offer the pre-renovation rent and document your calculation if applying any allowable increase.

Finally, serve every former tenant listed on the prior agreement. If there were multiple tenants, each has the right to accept. A single acceptance by at least one named former tenant is sufficient to form a new tenancy, unless you have clearly conditioned the offer on all returning together. If more than one former co‑tenant wishes to return, you can name all of them on the new agreement.

How to Fill Out an RTB-35 – 45 Day Notice of Availability Of an Extensively Repaired or Renovated Rental Unit

Follow these steps to complete the form accurately and protect your position.

1) Confirm you are in the right situation

• Use RTB-35 only if you ended the previous tenancy for extensive repairs or renovations that required vacancy. Do not use it for demolition, conversion, landlord use, or non-payment.
• Confirm that the unit offered is substantially the same premises as the tenant left.

2) Gather your facts and documents

• Full legal names and contact details of all landlords and former tenants.
• The rental unit’s civic address and unit number.
• The date you served the four-month notice to end tenancy and the termination date.
• The pre-renovation monthly rent and included services (e.g., utilities, parking).
• Permits, contractor schedules, and the realistic earliest availability date.
• The service method you will use and the deemed-receipt timeline.

3) Complete the landlord section

• Enter the legal name of the landlord(s). If you act as an agent, state your name and that you are authorized to act for the landlord.
• Provide a phone number, email, and mailing address for responses.

4) Complete the tenant section

• List every former tenant named on the previous agreement. Use full legal names.
• Add each tenant’s last known mailing address and email (if they consented to email service). If you only have one shared address, use it and serve all parties.

5) Identify the rental unit

• Write the full civic address, including unit, building name (if any), city, and postal code.
• If the unit designation changed due to the work, explain the new designation and how it corresponds to the prior unit.

6) Describe the extensive repairs or renovations

• Briefly explain what work was done and why it required vacant possession. Examples: complete re‑piping, electrical rewiring, structural remediation, hazardous materials abatement.
• You may reference permit numbers and inspection milestones. Keep it factual and concise.

7) Set the earliest availability date

• Enter the earliest date the unit will be ready for occupancy. Ensure it is at least 45 days after the date the tenant is deemed to receive this notice.
• Build in a buffer for final inspections or deficiencies. Avoid optimistic dates you cannot meet.

Example: If you email the notice on March 1, the deemed receipt is March 4. The earliest availability date you can set is April 18 (45 days after March 4). If you mail on March 1, deemed receipt is March 6. The earliest availability date is April 20.

8) State the rent being offered

• Enter the monthly rent. Use the pre-renovation rent. Apply only lawful annual increases that would have been available if the tenancy had continued.
• If you apply an increase, note the percentage and effective date. Attach your calculation. If unsure, offer the prior rent to avoid a dispute.

9) Confirm included services and terms

• List any included utilities, parking, storage, or other services as they existed before. The offer should mirror the previously included items.
• If any service has changed due to the work, explain clearly and confirm the unit remains substantially the same.

10) Set the acceptance deadline and response instructions

• State that the tenant has 30 days from deemed receipt to accept.
• Provide the exact calendar date. Calculate from the deemed receipt date based on your service method.
• Tell the tenant how to accept: sign and return the included acceptance section by email, mail, or in person. Provide addresses and a contact name.
• Invite the tenant to propose a move‑in date on or after the availability date.

Example: You hand‑deliver on May 10. Deemed receipt is May 10. The acceptance deadline is June 9.

11) Attach supporting documents

• Include copies of relevant permits or inspection confirmations, if available.
• Include a draft tenancy agreement with the same rent and substantially similar terms, for review upon acceptance.
• Include a consent-to-email form if you wish to use email for future service.

12) Sign and date the notice

• The landlord or authorized agent signs and dates. Print your name and title.
• Keep a complete copy for your records.

13) Serve the notice properly and keep proof

• Choose an allowed service method. Personal service is immediate. Email is deemed served on the third day after sending. Mail is deemed served on the fifth day after mailing.
• Record how and when you served each tenant. Keep receipts, delivery confirmations, or an affidavit of service.

14) Track deadlines and follow up

• Note the tenant’s 30‑day acceptance deadline on your calendar.
• If the tenant accepts, confirm in writing and schedule the signing of the new agreement. Coordinate move‑in logistics and key exchange.
• If multiple former tenants accept, clarify who will be on the new agreement and confirm in writing.

15) If no response or a decline occurs

• If the tenant does not respond within 30 days of deemed receipt, the right of first refusal lapses.
• You may then re‑rent the unit. Keep your file showing the notice, service, and lapse to defend any future claim.

Practical tips:

• Do not send the notice before you have a credible availability date. If you must adjust the date, update the tenant immediately in writing.
• Built-in service time. If you want a July 31 availability, and you plan to serve by mail, you should mail by early June to meet the 45‑day minimum after deemed receipt.
• Offer clear, simple terms. Ambiguity invites disputes. If you apply a lawful rent increase, show the math.
• Serve every named former tenant. One envelope per person if mailing. One email per person if emailing, unless they share a designated service address.

By completing and serving RTB-35 carefully, you meet your obligations and give your former tenant a fair chance to return. Precise dates, correct rent, and proper service will help you avoid costly disputes and keep the process on track.

Legal Terms You Might Encounter

Extensively repaired or renovated means work that required the tenant to move out. It goes beyond cosmetic fixes. Think structural work, major system replacements, or anything that makes the unit unsafe to occupy. This form exists for that situation only.

Availability date is the earliest day the unit is ready for someone to live in again. It should be firm and realistic. You use that date in this notice to give the tenant lead time.

Right of first refusal is the former tenant’s priority to return to the unit. This notice triggers that right. It tells them when the home will be ready and how to accept the offer.

Former tenant means everyone named on the old tenancy for that unit. You must address and serve the notice to each former tenant. Do not assume one person will pass it on.

Service is how you deliver the notice. Approved delivery methods are set by local rules. You must choose a valid method and keep proof of delivery.

Proof of service is your record showing when and how you served the notice. It can be a signed acknowledgement, delivery receipt, or affidavit. Attach it to your file for this form.

Vacant possession means the unit is empty and under your control. The notice should reflect a date when vacant possession has ended and the unit is habitable.

Rent amount is the lawful rent when the tenant returns. Your form and follow-up must align with the rent rules. Confirm what you can charge before making the offer.

Habitable condition means the unit meets health and safety standards. Set the availability date when you can meet that standard. Do not offer a construction site.

Authorized agent is a person you allow to act for you. That can be a manager or representative. If an agent signs, note their authority and provide full contact details.

FAQs

Do you need to send this notice if the work is finished ahead of schedule?

Yes. Send the notice when you can confirm an availability date. The date must be real, not a guess. If work finishes early and the unit is ready, set a correct date and serve the notice.

Do you send a separate RTB-35 to each former tenant?

Yes. Serve every person named on the former tenancy. List each name clearly. Keep separate proof of service for each recipient. Missing a co-tenant can create disputes later.

Do you need to include permits or inspection documents with the notice?

You usually do not attach them to this form. Still, keep them in your file. If someone questions the extent of the work or the readiness of the unit, those records will help you prove it.

Do you have to hold the unit during the notice period?

Yes. The former tenant has a priority window to accept. Do not rent the unit to someone else until that window ends or they decline. Mark the internal deadline in your calendar.

Do you have to use this exact notice form?

Use the official form format and content. It captures the required details and timelines. If you change it, you risk missing key statements or dates. That can invalidate your notice.

Do you have to send the notice if the tenant already said they will not return?

Yes, unless you have clear, dated, written refusal from all tenants. When in doubt, send the notice anyway. The form formalizes the offer and closes the loop on their rights.

Do you send the notice by email?

Only if the tenant agreed in writing to receive notices by email. If you are unsure, use a permitted delivery method that you can prove. Always keep evidence of what you sent and when.

Do you need a new tenancy agreement if the tenant accepts?

Yes. Prepare a new agreement with the new start date. Confirm rent, deposits, utilities, and move-in inspection. Send everything in writing and have all parties sign.

Checklist: Before, During, and After

Before signing

• Confirm the work qualifies as extensive repairs or renovations.
• Verify the unit will be habitable by your availability date.
• Check that all required permits and inspections are completed or scheduled.
• Gather the former tenancy details: full names, unit address, and contact information.
• Confirm the former move-out date and keep proof of that notice and ending.
• Decide the rent you will offer and confirm it follows the rent rules.
• Prepare a short, factual summary of the work completed.
• Choose a valid service method and plan how you will prove delivery.
• Create a timeline with the availability date and internal follow-up reminders.
• Prepare a draft of the acceptance instructions you will use in follow-up.

During signing

• Fill in the full civic address and exact unit number.
• Enter a realistic availability date tied to readiness, not estimates.
• Describe the scope of work in plain language.
• List every former tenant by full legal name.
• Provide a clear contact person with phone and email.
• Confirm the rent figure you will offer, consistent with rent rules.
• Double-check the notice period meets the required days before the date.
• Sign and date the form. If an agent signs, state their authority.
• Review spelling, dates, and numbers. Small errors can cause disputes.
• Make clean copies for each tenant and your records.

After signing

• Serve each former tenant using a valid method you can prove.
• Record the service date, method, and recipient for each delivery.
• Send a brief cover note with acceptance instructions and deadline.
• Calendar the tenant’s response window and your follow-up checkpoints.
• Keep your permits, inspection documents, and photos in one file.
• If the tenant accepts, confirm in writing and send a new agreement.
• Schedule a move-in inspection, key handover, and utility setup.
• If the tenant declines or does not respond, mark the expiry date.
• After the window ends, you may market the unit to new applicants.
• Store all records, including proof of service, for future reference.

Common Mistakes to Avoid

• Don’t guess the availability date.

Consequence: You may breach the notice or offer a unit that is not ready. That invites disputes and delays.

• Don’t serve only one co-tenant.

Consequence: An unserved tenant can challenge the process. You may have to restart the notice period.

• Don’t use this form for minor cosmetic work.

Consequence: The notice may be invalid. You could face claims for improper use of renovation rules.

• Don’t forget to sign and date the notice.

Consequence: An unsigned or undated notice can be treated as defective. You lose time and credibility.

• Don’t skip proof of service.

Consequence: Without evidence of delivery, you cannot prove timelines. That weakens your position in any dispute.

What to Do After Filling Out the Form

1) Serve the notice

• Deliver the RTB-35 to every former tenant using a permitted method.
• Record how and when you served each person.
• Keep a copy of the exact documents you sent.

2) Hold the unit during the priority window

• Do not sign a new tenancy with someone else during this period.
• Set reminders for the acceptance deadline.
• Be available to answer questions from the former tenant.

3) Manage acceptance or refusal

• If the tenant accepts, confirm the move-in date in writing.
• Send the new tenancy agreement, deposit instructions, and utility details.
• Schedule the move-in inspection and key handover.
• If the tenant declines or the deadline passes, note the outcome.
• You may proceed to rent the unit to a new tenant after the window ends.

4) Handle changes promptly

• If the availability date shifts, send an amended notice right away.
• Use a permitted service method and keep proof of delivery.
• Confirm new timelines in writing with the former tenant.

5) Finalize documentation

• File the completed notice, proof of service, and any amendments.
• Keep permits, inspection reports, and photos with the file.
• Retain records for the required period in case of later questions.

6) Align rent and deposits with rules

• Confirm the rent offered is lawful.
• Collect security and pet deposits as allowed.
• Provide receipts and move-in condition documents.

7) Close out your internal checklist

• Mark the acceptance outcome and dates.
• Update your leasing schedule and marketing plan if needed.
• Review lessons learned for future project planning.