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HERGOTT: 'Squatters' Remain After Death of Homeowner

A rent-free occupant has no automatic right to stay after a homeowner dies, and the executor may need a court order if notice is ignored.

  • Lawyer Paul Hergott explains that in British Columbia, executors must provide clear, reasonable notice to end a 'license to occupy' for rent-free residents on a deceased person's property.
  • There is no such thing as 'squatters rights' in BC, and the Residential Tenancy Branch only intervenes when a formal tenancy agreement exists, not for occupants granted generosity.
  • Acting in the estate's best interest, executors must weigh factors like yard maintenance and home sale readiness against the risk of civil liability or criminal charges for illegal evictions.
  • If an occupant ignores the executor's notice to vacate, the executor must apply to the Supreme Court of British Columbia for an order requiring them to leave the residence.
  • Next week, Paul plans to discuss the potential financial consequences facing rent-free occupants who refuse to obey an executor's formal notice to vacate the property.
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4 Articles

Penticton Western NewsPenticton Western News
+3 Reposted by 3 other sources
Lean Left

HERGOTT: 'Squatters' remain after death of homeowner

Column by Paul Hergott

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  • 100% of the sources lean Left
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Vernon Morning Star broke the news on Tuesday, September 29, 2026.
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