RTB-49 – Ending Fixed – Term Tenancy Confirmation Statement
Jurisdiction: Country: Canada | Province or State: British Columbia
What is an RTB-49 – Ending Fixed-Term Tenancy Confirmation Statement?
The RTB-49 is a short form that confirms a valid “vacate clause” in a fixed-term tenancy. It documents that a fixed-term tenancy will end on a set date for a permitted reason under BC residential tenancy law. It is not a Notice to End Tenancy. It is a confirmation that the tenancy will end at the end of the fixed term for a specific, allowed reason.
Most fixed-term tenancies in BC roll into month-to-month at the end of the term. A vacate clause changes that default rule. You can only use a vacate clause for limited reasons. The RTB-49 records which reason applies and the exact end date. You attach it to the tenancy agreement at the time you sign the lease. Both landlord and tenant sign it.
Who typically uses this form?
Landlords and property managers use it when they include a vacate clause in a fixed-term tenancy. Tenants receive and sign it as part of the leasing package. Non-profit housing providers and employers with staff housing also use it if occupancy depends on eligibility or employment.
Why would you need this form?
You need it if you intend the tenant to move out at the end of the fixed term for a permitted reason. Without it, the tenant’s right to continue month-to-month will usually revive. The RTB-49 gives clarity for both sides. It sets expectations from day one and reduces disputes later.
Typical usage scenarios include:
- You plan to move into the unit yourself at the end of the term. You want the tenant to move out on that date.
- Your close family member will occupy the unit after the term ends. You need the unit for a parent, child, or spouse.
- You are selling the property and expect the buyer to need vacant possession at the term’s end. You agree on a fixed term that matches the closing.
- You provide staff housing. The tenant’s right to occupy ends if their employment ends or the term lapses.
- You manage subsidized or program-based housing. The tenancy must end if the tenant no longer meets the eligibility criteria.
In each case, the RTB-49 documents the reason that allows a vacate clause by law. It also fixes the end date to the last day of the fixed term.
When Would You Use an RTB-49 – Ending Fixed-Term Tenancy Confirmation Statement?
Use this form when you and the tenant agree, at the start, that the tenancy will end at the end of the fixed term for a permitted reason. You use it alongside the tenancy agreement. You do not fill it out at the end of the term. You complete it before or at the time of signing the lease, and you give a copy to the tenant right away.
As a landlord, you use it when you know you will need the unit at a set future date. For example, you are on a work assignment for one year and will return to live in the unit. Or your child is starting school in the city next year and needs the unit then. You set a one-year fixed term and complete the RTB-49 to confirm the vacate clause based on the landlord’s or family’s use. The tenancy ends on the last day of the term without further notice.
As a property manager, you use it for staff or caretaker housing tied to employment. The tenancy is for a set term because the housing is conditional. You confirm that the tenancy will not continue after the term, unless renewed. The RTB-49 states that the unit must be available for a caretaker or another employee.
As a seller-landlord, you use it only when you have alignment on timing. The buyer will require vacant possession on a known date, and you structure the fixed term to match that date. You then confirm the vacate clause for the buyer’s or the buyer’s family’s use. You must be careful here. If the sale falls through or the buyer’s plans change, the tenancy may continue. You should not assume future events that are too uncertain.
As a non-profit housing provider, you use it when occupancy depends on continued eligibility. You anticipate the tenant will not meet the criteria beyond the fixed term. The form confirms that the tenancy will end when the fixed term ends, because of the program rules.
As a tenant, you sign this form only if you accept a true fixed end date for a valid reason. Do not sign if you expect to stay after the term. Ask the landlord to explain the reason. Make sure it matches a permitted reason and a real plan. Get a copy for your records.
Legal Characteristics of the RTB-49 – Ending Fixed-Term Tenancy Confirmation Statement
Is it legally binding? Yes. When properly completed and signed, it forms part of the tenancy contract. It confirms that the tenancy will end on the fixed-term end date for a permitted reason. That clause is enforceable if the reason is allowed and the form is accurate. If the form is missing or defective, the vacate clause will likely fail. The tenancy will then continue month-to-month at the end of the fixed term.
What ensures enforceability? Three things matter most. First, the reason for the vacate clause must be one of the permitted reasons under BC tenancy law. Common permitted reasons include landlord’s or a close family member’s use, use by a purchaser or a purchaser’s close family, caretaker or similar employment-based occupancy, and program or eligibility-based housing. Second, both parties must sign the RTB-49 at the time of entering the tenancy. It must identify the unit, the parties, the fixed-term dates, and the specific reason. Third, the reason must be genuine. The landlord must act in good faith and follow through. If the stated reason does not happen, the landlord risks penalties and compensation claims.
General legal considerations include timing, specificity, and good faith. Timing means you should complete and serve the RTB-49 with the tenancy agreement. Specificity means you should check the correct reason and include details, such as the name of the family member or the job title tied to the unit. Good faith means you must intend to use the unit as stated for a meaningful period. If you end a tenancy but do not use the unit as stated, a tenant can seek compensation. If the tenant refuses to vacate on the end date, the landlord can apply for an order of possession. The RTB-49 will be key evidence at that hearing.
The RTB-49 is not a “notice to end tenancy.” It does not replace other notice requirements outside a vacate-clause situation. For reasons like demolition, major repairs, or conversion, you cannot use this form to force a move-out at the end of the term. You must use the correct notice and timelines for those events. The RTB-49 only applies to vacate clauses for the limited, permitted situations described above.
The form also interacts with compensation rules. If you confirm a vacate clause for the landlord’s or buyer’s use and then re-rent to someone else right away, that suggests bad faith. A tenant can claim compensation for wrongful eviction. If you confirm a vacate clause for employee housing and the employee keeps working, you should not force the employee to move out. Renew or end the tenancy only if the employment-based reason still applies. Courts and arbitrators look at conduct. Keep records to prove your plan and your follow-through.
If you do not have a permitted reason, do not use a vacate clause. In that case, use a normal fixed-term tenancy that converts to month-to-month at the end. You can later end the tenancy only with proper notice, mutual agreement, or an order.
How to Fill Out an RTB-49 – Ending Fixed-Term Tenancy Confirmation Statement
You complete this form when you sign the tenancy agreement. Build in time to explain it to the tenant. Confirm that the end date on this form matches the fixed-term end date in the lease.
Follow these steps:
1) Gather the basics
- Get the legal names of all tenants. Use full legal names, not nicknames.
- Get the legal name of the landlord. If a company owns the unit, use the company name.
- Confirm the rental unit address. Include unit number, street, city, and postal code.
- Confirm the fixed-term start date and end date. Verify that the end date is the last day of the term.
2) Confirm the permitted reason
- Identify which permitted reason applies. Be precise and honest.
- Common options include:
- The landlord will occupy the unit at the end of the term.
- The landlord’s close family member will occupy the unit. Typical family members include a spouse, parent, or child.
- A purchaser or a purchaser’s close family member will occupy the unit. Use this only when the timing is firm.
- The unit is designated for a caretaker or staff housing tied to employment.
- The unit is part of a program or subsidized housing where eligibility is required.
- If none of these apply, do not use a vacate clause. Do not complete the RTB-49.
3) Provide details for the reason
- For landlord or family use: State who will live in the unit and the relationship. Example: “Owner, Jordan Lee,” or “Owner’s mother, Patricia Lee.”
- For purchaser use: Write “purchaser to occupy” or “purchaser’s daughter to occupy” and align the term to the expected closing date.
- For caretaker or staff housing: State the job title linked to the unit. Example: “On-site building caretaker.”
- For program eligibility: Identify the program. Example: “Rent-geared-to-income program” or “Transitional housing eligibility.”
- Do not leave this section vague. Arbitrators look for specific, credible details.
4) Insert the tenancy details
- Add the rental unit address again if the form requests it.
- Fill in the tenant names and contact information.
- Fill in the landlord’s name and contact information.
- Enter the fixed-term start date and the end date. Use day-month-year to avoid confusion.
5) Confirm the end date equals the fixed term end
- The RTB-49 end date must match the last day of the fixed term in the tenancy agreement.
- If the lease ends on July 31, the RTB-49 must also say July 31 as the end date.
- Do not use “on or about” language. Use a specific date.
6) Add any schedule or attachment
- Attach supporting documents if available. Examples:
- A signed letter stating the owner’s plan to occupy.
- An employment offer or HR policy for staff housing.
- A program eligibility policy or intake document.
- A purchase agreement showing the expected completion date.
- Label each attachment “Schedule A,” “Schedule B,” etc. Reference the schedule in the form if there is a space to do so.
7) Read the acknowledgements
- The form includes statements that both parties understand the unit must be vacant at the end of the term.
- As a landlord, you confirm you will act in good faith and use the unit as stated.
- As a tenant, you acknowledge that the tenancy ends on the stated date for the stated reason.
8) Sign and date
- All adult tenants should sign and date the form. If there are multiple tenants, each should sign.
- The landlord or property manager signs and dates the form. If an agent signs, state the agent’s capacity.
- Use ink if you sign on paper. If you sign electronically, use a reliable method that captures your signature and date.
9) Provide copies
- Give a complete, signed copy to the tenant right away.
- Keep a copy for your records. Store it with the signed tenancy agreement and condition inspection reports.
- If you attached schedules, make sure the tenant’s copy includes them.
10) Check consistency across documents
- Confirm the unit address, names, and dates match the tenancy agreement.
- Confirm the reason stated in the RTB-49 aligns with any statements in emails or ads. Inconsistent statements can undermine credibility.
11) Plan for the end date
- As the end date approaches, remind the tenant of move-out requirements in the lease. Provide move-out instructions, keys, and cleaning expectations.
- Arrange a move-out condition inspection on or after the last day of the term.
- If the tenant asks to stay longer, do not promise anything until you assess the impact on the stated reason. Extending the tenancy can contradict the form.
12) If circumstances change
- If you no longer need the unit for the stated reason, inform the tenant as soon as possible. Do it in writing.
- If the reason disappears before the end date, the tenancy will usually continue past the fixed term. It will roll to month-to-month unless you both agree otherwise.
- If you still need to end the tenancy for a different reason, use the correct notice and timelines. Do not rely on the RTB-49 for a reason it does not cover.
13) Evidence to keep
- Keep proof that the reason was genuine. Keep travel plans, moving contracts, school admissions, or employment records as relevant.
- After move-out, keep proof you used the unit as stated. A utility bill in your name, a change-of-address record, or occupancy photos can help. This protects you if a tenant claims bad faith.
Common mistakes to avoid:
- Using the form without a permitted reason. That will fail at dispute resolution.
- Filling out the form after the tenancy has already begun. Timing matters. Do it at or before signing.
- Setting an end date that does not match the fixed-term lease. That creates contradictions.
- Leaving the reason vague. Be specific. Name the family member or job role.
- Assuming a sale will close on time. Only use buyer occupancy if the timing is firm.
Practical example for clarity:
You own a condo and will return from abroad on August 1 next year. You rent the condo for a one-year fixed term from August 1 to July 31. You complete the RTB-49 at signing. You check “landlord to occupy,” you name yourself, and you set July 31 as the end date. You and the tenant sign the form. In May, you email the tenant with move-out instructions. On July 31, the tenant returns the keys. You move in on August 1. You have complied with the form and the law.
Another example:
You manage a small building with an on-site caretaker suite. You hire a caretaker whose start date is in six months. You rent the suite for a six-month fixed term. You complete the RTB-49 and check the “caretaker/staff housing” reason. You name the job role. At the end of six months, the tenant moves out. The caretaker moves in. The vacate clause applied correctly.
Final checks before you sign:
- Is the permitted reason accurate today? If not, stop and revise.
- Does the end date exactly match the lease end date? If not, fix it.
- Have all tenants and the landlord signed? If not, complete signatures.
- Has each party received a full copy with any schedules? If not, deliver copies now.
If a dispute arises, the RTB-49 will be a key document. Arbitrators look for a valid permitted reason, correct timing, both signatures, and proof of good faith. A complete, consistent, and honest form will support your case. A vague or late form will not.
Complete the form with care. Use plain names and exact dates. State the real reason. Keep your copy. Act on your plan.
Legal Terms You Might Encounter
Fixed-term tenancy means a tenancy with a clear start and end date, set out in your tenancy agreement. In most cases, when the end date arrives, the tenancy continues month-to-month. The RTB-49 comes into play when a specific legal reason allows the tenancy to end on that end date instead of continuing.
A vacate clause is wording in a fixed-term tenancy agreement that says you must move out at the end of the term. In British Columbia, you can only use a vacate clause in limited, legally permitted situations. The RTB-49 is the document that confirms, in writing, that a valid vacate clause exists and why it applies.
Permitted reason refers to the narrow list of reasons that allow a fixed-term tenancy to end on the term’s last day. Common examples include when the landlord or a close family member will move in, a purchaser needs to move in, or work will be done that requires the unit to be empty. The RTB-49 identifies which permitted reason applies.
Landlord’s use is a permitted reason that covers situations where the landlord or a close family member plans to occupy the unit as a home. If that is the reason, the RTB-49 should say so, and the landlord must still follow the separate legal steps to end the tenancy. The form is a confirmation; it does not replace required notices.
Purchaser’s use is a permitted reason that applies when the property has been sold and the buyer will move in. If the fixed-term tenancy was set up with this in mind, the RTB-49 should indicate that the purchaser’s use is the reason the tenancy will end at the term. Again, other legal requirements still apply outside the form.
Major repairs, renovations, demolition, or conversion are permitted reasons when the work cannot be done safely or practically with you living in the unit. If this is the case, the RTB-49 should show that the tenancy is set to end at the term for this reason. The landlord may need to provide additional notices and meet compensation rules if required by law.
Notice to end tenancy is a separate written notice that the landlord must serve if they are ending the tenancy for a permitted reason. The RTB-49 is not a notice to end tenancy. Think of RTB-49 as the confirmation of the plan at the start or during the fixed term; the notice is the legally required step that actually ends the tenancy.
Effective date is the last day of the fixed-term tenancy stated in your agreement. If a permitted reason applies and all legal steps are taken, that date is when you must move out. If no permitted reason applies or the steps are not completed, your tenancy usually continues month-to-month after that date.
Compensation refers to money that may be owed to a tenant when the tenancy is ended for certain permitted reasons. Whether compensation is required and the amount depends on the reason used and the law in effect. The RTB-49 does not itself pay compensation; it simply confirms the intended reason. If compensation is required, it is handled through the notice or as otherwise required by law.
Service means how documents must be delivered to be legally effective. The notice to end tenancy, and in some cases the RTB-49, must be served by acceptable methods. Acceptable methods are set out in the law. Keep proof of service (for example, a delivery confirmation or signed acknowledgement).
Dispute resolution is the formal process you can use if there’s a disagreement about the fixed-term ending, the vacate clause, or the reason stated on the RTB-49. If you think the reason is not valid or the process was not followed, you can apply to dispute it. The RTB-49 will be a key document in that process because it shows what both parties agreed to and when.
FAQs
Do you need to complete RTB-49 for every fixed-term tenancy?
No. You only complete RTB-49 when a fixed-term tenancy includes a vacate clause tied to a permitted reason for ending at term. If there’s no permitted reason and no vacate clause, the tenancy normally continues month-to-month at the end of the term, and you do not use this form.
Do you still need to serve a notice to end tenancy after using RTB-49?
Yes. The RTB-49 confirms the basis for ending at term. It does not replace the separate legal notice required to end a tenancy for a permitted reason. If you are the landlord, plan to serve the correct notice within the required timelines and by an acceptable method, and provide any required compensation.
Do you have to attach proof to RTB-49?
You do not attach proof to the form itself. However, you should keep evidence that supports the permitted reason (for example, a sales contract if a purchaser will occupy, or contractor documentation for major renovations). If the reason is challenged, you will need to show that the reason was valid and genuine.
Do you need both signatures on RTB-49?
Yes. The form is meant to be signed by both landlord and tenant to confirm a shared understanding that the fixed term is ending for a permitted reason. If a tenant refuses to sign, that does not create a new reason to end the tenancy. The landlord would still need to rely on the proper notice and proof of the permitted reason.
Do you have to use RTB-49 if the tenant already plans to move out?
If the tenant has given proper written notice to end the tenancy on or before the end of the fixed term, you may not need to use RTB-49. If you rely on a permitted reason and want to ensure clarity, it is still helpful to complete RTB-49. It documents the reason and avoids confusion if plans change.
Do you owe compensation when ending a fixed-term tenancy at the end of the term?
It depends on the reason. Some permitted reasons require compensation to the tenant when served with a notice to end tenancy. The RTB-49 does not handle compensation; it simply confirms the permitted reason. Review the rules for the reason you’re using and plan to include compensation with the notice if required.
Do you need a new RTB-49 if circumstances change before the end date?
If the reason listed on the RTB-49 no longer applies, do not proceed with ending the tenancy at term. Immediately tell the other party in writing that the tenancy will continue after the end date. If a different permitted reason now applies, you should complete a new RTB-49 that reflects the correct reason and follow all legal steps for the new reason, including serving a new notice.
Do you file RTB-49 with an authority, or just keep it?
Normally, you exchange and keep the signed RTB-49 for your files. You do not file it unless it becomes part of a dispute. If there is a disagreement and someone applies for dispute resolution, you will attach the RTB-49 as evidence of what was confirmed about the end of the fixed term.
Checklist: Before, During, and After the RTB-49
Before signing
- Confirm a valid permitted reason exists. Identify which reason applies and ensure it matches the law’s requirements. If you cannot meet the requirements, do not rely on a vacate clause.
- Gather supporting details. Examples: who will occupy (name and relationship), possession date on a sale, scope and timeline of renovations, or project approvals. You don’t attach these to the form, but you should have them ready.
- Verify the fixed-term dates. Check the tenancy agreement for the exact start and end dates. The end date on the RTB-49 must match the agreement.
- Plan your notice timeline. Map backward from the end date to ensure you can serve the proper notice within the required lead time. Do not leave this until the last month.
- Confirm compensation obligations. If the reason you are relying on requires compensation, plan for the timing and method of payment to accompany the notice.
- Check the service method. Agree in writing how notices may be served (for example, by mail or email), and understand any additional time that may be added for delivery.
During signing
- Verify parties’ legal names and addresses. Use the full legal name for each tenant on the agreement, the landlord’s legal name, and the correct service addresses.
- Identify the permitted reason clearly. Select or describe only one reason and provide specific, factual details. Avoid vague statements.
- Match dates precisely. The effective end date on the RTB-49 must be the fixed-term end date in the tenancy agreement.
- Confirm unit details. Include the full civic address and unit number so there is no confusion about the rental unit covered by the form.
- Ensure all signatures and dates are complete. Every tenant named on the tenancy agreement should sign. The landlord or authorized agent should sign as well. Date each signature.
- Provide each party with a complete copy. Give or send a copy immediately after signing. Keep proof of delivery.
After signing
- Calendar your notice deadline. If you are the landlord, schedule when to serve the notice to end tenancy and how you will serve it. Build in delivery time if using mail or another method that adds days.
- Prepare compensation, if required. Issue it in the acceptable form and at the correct time, often together with the notice to end tenancy when the law requires.
- Monitor the permitted reason. If the occupancy plan or renovation schedule changes, update the tenant right away and confirm the tenancy will continue if the reason no longer applies.
- Organize your file. Keep the signed RTB-49 with the tenancy agreement, inspection reports, and any notices served. If a dispute arises, you will need a clean paper trail.
- Plan move-out logistics. As the end date approaches, coordinate keys, access, move-out inspection timing, and utility transfers. Confirm where to send the security deposit return and any required statements after move-out.
Common Mistakes to Avoid RTB-49 – Ending Fixed-Term Tenancy Confirmation Statement
Using the form without a valid permitted reason
- Why it’s a problem: A fixed-term tenancy normally continues after the end date. If you try to force a move-out without a permitted reason, the tenant can challenge it.
- Consequences: Delays, possible compensation exposure, and dispute resolution orders against you.
- Don’t forget: Confirm the reason is allowed and that you can prove it if asked.
Treating RTB-49 as the notice to end tenancy
- Why it’s a problem: The RTB-49 does not end the tenancy. It confirms the basis for ending at term.
- Consequences: Your notice period may be missed, making the notice ineffective and pushing the end date out.
- Don’t forget: Serve the proper notice within the correct timeline and by an acceptable method.
Getting the dates wrong
- Why it’s a problem: If the effective date on the RTB-49 doesn’t match the tenancy agreement’s end date, you create confusion and invite disputes.
- Consequences: The tenancy may continue because your paperwork is inconsistent.
- Don’t forget: Cross-check the end date on the agreement before you complete the form.
Leaving out signatures or tenant names
- Why it’s a problem: Missing signatures or excluding a named tenant weakens the confirmation and can undermine later notices.
- Consequences: Disputes about who agreed to what, and whether the form applies to everyone living there.
- Don’t forget: Include all tenants named on the agreement and get each signature.
Failing to update the tenant if plans change
- Why it’s a problem: If the purchaser does not complete the sale or the renovation is delayed, the original reason may no longer apply.
- Consequences: Ending the tenancy anyway can lead to disputes and financial penalties.
- Don’t forget: As soon as the reason changes, notify the tenant in writing that the tenancy will continue after the term ends unless and until a valid reason exists.
What to Do After Filling Out the Form RTB-49 – Ending Fixed-Term Tenancy Confirmation Statement
Serve the required notice to end tenancy
- If you are relying on a permitted reason to end at the fixed-term end date, plan and serve the proper notice to end tenancy. Use an acceptable service method and allow for delivery time if applicable. Include any compensation that must accompany the notice for your reason.
Confirm receipt and keep proof
- Keep copies of the RTB-49, the notice to end tenancy, proof of service, and any compensation payment records. If you served by a method that adds delivery days, note the calculation and keep a copy of your timeline.
Coordinate move-out
- As the end date approaches, confirm the move-out time, elevator bookings if needed, and access instructions. Schedule a move-out condition inspection and have the inspection report ready. Clarify how keys and fobs will be returned.
Handle the security deposit and forwarding address
- Ask the tenant to provide a forwarding address in writing. After move-out, handle the deposit return or any lawful claims within the required time. Document deductions with invoices or estimates as needed and share a written statement if you are making a claim.
Update utilities and accounts
- Arrange for meter reads, utility transfers, and account closures effective on the end date. Provide final billing instructions where applicable.
If the reason changes, act quickly
- If the purchaser no longer plans to move in, the family member changes plans, or the renovation date shifts, tell the tenant in writing right away. Confirm that the tenancy will continue after the fixed-term end date unless a new, valid reason applies and the proper steps are taken.
If there’s a dispute, prepare your evidence
- If either party challenges the end of tenancy, gather the signed RTB-49, the tenancy agreement, served notices, delivery confirmations, compensation records, and any documents that support the permitted reason. Present clear, consistent dates and facts.
Distribute and store the documents
- Landlord: Give the tenant a signed copy of the RTB-49 and the notice. Store your originals with the tenancy file for the retention period you use.
- Tenant: Keep your copies in one place. If you need to show a new landlord the timing of your move, the documents help prove your move-out date.