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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.