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

Landlords can use this form when a tenant has exercises their right of first refusal, and it is at least 45 days before the completion of the renovations or repairs, to notify a tenant of the unit's availability.

This document is a 45-day notice of availability for a renovated rental unit under the Residential Tenancy Act in British Columbia. The landlord notifies the tenant, who exercised their right of first refusal, of the date when the rental unit will be available to rent and provides them with a tenancy agreement to sign. If the tenant fails to enter into a new tenancy agreement by the availability date, they will lose all rights related to the rental unit, and the landlord can rent it to another tenant. The document also outlines the consequences for the landlord if they fail to comply with these obligations, including compensation in the amount of 12 months' rent under the current tenancy agreement, unless there are extenuating circumstances. The tenant is considered to have received the notice on the specified date or within a certain time frame depending on the method of delivery.

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Forms for landlords and/or tenants to propose action relating to tenancy agreements.

Form RTB-35 is the type of residential tenancy agreements used by most private landlords and housing associations.

There are a number of matters on which landlords or tenants must follow certain rules laid down in the regulations. In some cases it may be necessary for them to complete a form, called a ‘prescribed form’, that proposes an action that may affect the other party to the tenancy agreement.

The forms are called prescribed forms because the wording in them has been carefully drafted to ensure that the person completing the form and the person on whom it is served may understand what is being proposed and what they may do in response. Failure to serve the correct form may invalidate the action that is being proposed.

You may not alter the wording in these forms unless a form says you may do so. If you alter the wording, the form may be invalidated. You must also comply with any notice periods set out in the form.

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