When a Tenant Passes Away—Obligations of Residential Landlords

Author: Michael Drouillard
Current to: December 2025

The death of a residential tenant is an unfortunate but not uncommon situation for landlords—and one that often raises immediate legal and practical questions. With only limited guidance from the Residential Tenancy Branch (RTB) and little precedential case law in British Columbia, uncertainty is common for both landlords and the lawyers advising them.

Now available through CLEBC’s Courses on Demand, our newest Practice Point, “When a Tenant Passes Away—Obligations of Residential Landlords,” was prepared by Michael Drouillard of Drouillard Lawyers and originally presented at CLEBC’s Residential Real Estate Conference 2025. The paper provides much-needed clarity on how the Residential Tenancy Act (RTA) applies when a tenant dies during an active tenancy.

Designed to support counsel advising residential landlord clients, this Practice Point identifies the key legal issues that arise and provides a structured framework for navigating a sensitive situation in the absence of clear, consistent RTB direction—helping landlords meet their legal obligations while managing risk and uncertainty under the RTA.

 

 

 

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View PDF of the paper