Canada: 《住宅租赁法》有关"翻新驱逐"和土地整合的修订

在过去的一年里,不列颠哥伦比亚省对《住宅租赁法》(简称RTA)做出了几项修改,为该省的租户提供了新的保护和补偿,否则他们可能会因为房屋的修缮、翻新或拆除而面临被驱逐的命运。

这篇文章中,我们首先总结了RTA在过去一年左右发生的变化。然后我们讨论这些变化对开发商和住宅业主的实际影响。

变更摘要

通知

如果房东为了拆除、翻新或改造一个单元而终止租赁,并要求该单元空置,租户现在有更多的时间来寻找替代住房。该省已将房东通知租户终止房屋租赁用于拆除、翻新或改造的通知期限从2个月延长至4个月。在所有开发审批及建筑许可均备妥后,方可发出通知。

收到因上述原因终止租赁的通知后,租户现在有更多时间根据RTA对通知提出异议。租户对此类通知提出异议的时间已从15天延长至30天。

赔偿金

除非出现情有可原的情况,房东现在必须支付12个月的租金(而不是RTA之前要求的两个月的租金)给前租客,如果房东终止房屋租赁用于拆除、翻新或改造,随后(i)房东没有采取措施在合理的时间内完成其终止租赁的既定目的,或(ii)从房东终止租约通知的生效日期后的合理时间开始,该单位没有用于房东的既定目的超过六个月。RTA没有具体说明什么构成"情有可原的情况"或"合理的时间段",但我们预计未来的案例法能够澄清这些条款。

优先权

若房东发出终止租赁通知,以翻新或修缮一幢有五个或以上单元的住宅物业,租户现在有权优先就该单位订立新的租约。向原租户提供出租单元的这一要求将允许租户确认维修或翻新确实发生过。

非出现情有可原的情况,如果租客行使优先权且房东在完成翻新或维修前至少45天未就同一单元提供新的租赁协议,则房东必须支付租户相当于12个月租金的赔偿金。 RTA没有说明房东根据新的租赁协议可能收取的租金,在此基础上很明显房东可以根据新的租赁协议收取市场租金。

定期限租约

该省还废除了"定期租赁协议"的使用,即租户必须在指定日期迁出物业,除非签订新的租约(通常规定更高的租金)。任何此类租赁协议在固定期限届满后自动转换为每月租赁。

变化的实际影响

获得空置权

由于房东发出通知要求终止租赁以用于拆迁、翻新或维修的通知时间,以及租户对此类通知提出异议的期限时间都延长为原先两倍的时间,住宅物业的开发商和房东需要花费相当多的时间来获得空置权,以拆除、翻新或改建现有建筑。因此,开发商和房东需要尽可能地预测和管理许可和拆迁或建筑工作的时间表。这些变化对于从事土地整合的开发商尤为重要。如果开发商希望作为土地整合的一部分而通知终止住宅租赁,开发商必须提前四个月准备所有必要的许可和批准,以便在租约结束日开始拆除或改建,从而避免向前租客支付12个月的租金罚款。

通常,开发商在土地整合过程中购买分契物业或购买一处或多处房产,他们往往希望卖家在交易完成后继续居住在该物业中。这通常是向卖方提供的全部激励方案的一部分,而且继续入住也可能使该物业免于缴纳《投机和空置税法》和《温哥华空置税细则》规定的空置税。在废除定期租约后,必须小心建立和记录买卖双方在成交后关系的状态,以确保在发展商要求时,居住其中的卖方会迁出单元。

优先权

新引入的优先权,将对有意翻新或维修包含五个或以上出租单元的现有住宅物业的开发商产生影响。开发商将要把这些新装修的单元出租给行使其优先权的原租户,而不是把这些单元租给新租户。考虑到未及时向行使权的租户提供新的租赁协议会遭受严厉处罚,业主需要谨慎管理与租户的通信并跟踪适用的通知期。

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