Difference between revisions of "Renting a Home"

From Clicklaw Wikibooks
Jump to navigation Jump to search
 
(46 intermediate revisions by 3 users not shown)
Line 1: Line 1:
{{DEMOWARNING}}
{{REVIEWEDPLS | reviewer = [[People's Law School]]|date= February 2023}}{{Learning about the Law Wikibook TOC}}{{Law-Related ESL Badge
{{Learning about the Law Wikibook TOC}}  
|lessonname= Renting a Home Lesson Module}}  
In every province in Canada, there are laws about renting. You must follow these laws if you are a ''landlord'' or ''tenant''. Every province also has laws about buying and owing a home. In this section, you will learn about these laws in British Columbia.  
Every province in Canada has laws about renting, as well as about buying and owning a home. In this section, you will learn about these laws in British Columbia.  


==Landlords and tenants==
{{PLSTipsbox
[[File:cutoutofhome.jpg | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
| text = For updated and in-depth coverage of renting or buying a home in BC, visit [https://www.peopleslawschool.ca/renting peopleslawschool.ca].  
}}


When you rent a home or an apartment, you are a tenant, also referred to as a renter. If you own a home or apartment and you rent it to someone else, you are a landlord.
==Before renting==
[[File:cutoutofhome.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.istock.com</span>]]


There is a department of the provincial government that is responsible for making sure landlords and tenants follow these laws. It is called the ''[[Residential Tenancy Branch]]''.
When you rent a place to live, you are a renter, also known as a '''tenant'''. If you own a home or apartment and you rent it to someone else, you are a '''landlord'''.
 
You must follow BC laws about renting if you are a tenant or a landlord. A government office is responsible for making sure landlords and tenants follow these laws. It’s called the [https://gov.bc.ca/landlordtenant Residential Tenancy Branch].  
   
   
===Find out what the law says===
===The laws in play===
 
The main law that sets out the rules for tenants and landlords is called the [https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/189289/sbc-2002-c-78.html ''Residential Tenancy Act'']. There are more rules in another law called the [https://www.canlii.org/en/bc/laws/regu/bc-reg-477-2003/latest/bc-reg-477-2003.html Residential Tenancy Regulation].  
Before you rent a place, find out what the law says. There are more rules contained in laws called ''Regulations''.


The main law that gives the rules for landlords and tenants is called the ''[[Residential Tenancy Act]]''. The Residential Tenancy Branch and Tenant Resource & Advisory Centre can provide you with important, free information.
===There are supports available===
For information or free help, you can contact the Residential Tenancy Branch or the Tenant Resource & Advisory Centre.


:'''Residential Tenancy Branch'''  
:'''Residential Tenancy Branch'''  
Line 20: Line 24:
:Victoria: 250-387-1602  
:Victoria: 250-387-1602  
:Toll-free: 1-800-665-8779  
:Toll-free: 1-800-665-8779  
:[http://www.rto.gov.bc.ca www.rto.gov.bc.ca]  
:[https://gov.bc.ca/landlordtenant gov.bc.ca/landlordtenant]


:'''Tenant Resource & Advisory Centre (TRAC)'''
:'''Tenant Resource & Advisory Centre (TRAC)'''
:Vancouver: 604-255-0546  
:Vancouver: 604-255-0546  
:Toll-free: 1-800-665-1185  
:Toll-free: 1-800-665-1185  
:[http://www.tenants.bc.ca www.tenants.bc.ca]
:[https://tenants.bc.ca/ tenants.bc.ca]


===Looking for a place to rent?===
TRAC has an online course for first-time tenants at [https://rentingitright.ca/ rentingitright.ca]. In it, you’ll learn how to search for housing, put together a strong rental application, and safely sign a contract about your tenancy with the landlord.


If you are renting for the first time, or if you are new to BC, it is important to ask the landlord what is included in the rent — for example, heat, hot water, cable service, and laundry machines for your use. If you have any doubts or questions, call the Residential Tenancy Branch or the Tenant Resource & Advisory Centre (TRAC).  
You can also find answers to common questions tenants have at [https://www.peopleslawschool.ca/renting peopleslawschool.ca/renting].


When you look at a place to rent, the landlord will tell you how much the rent is. If you apply to rent the place, the landlord cannot charge you money to take your <span class="noglossary">application</span>. Doing this is illegal.
==Looking for a place==
When you look at a place to rent, the landlord will tell you how much the rent is. It’s important to ask the landlord what is included in the rent. For example, does the rent include gas, electricity, internet, cable service, or laundry machines for your use?


===Making an agreement to rent===
When you apply to rent a place, the landlord cannot charge you money to take your application. Doing this is illegal.


When a tenant finds a suitable house or apartment to rent, the tenant and the landlord make a contract. A contract is a legal agreement. A contract between a landlord and tenant is called a ''tenancy agreement''.
===Discrimination in renting===
   
A landlord can’t refuse to rent a place to live based on a part of someone’s identity protected under the law. Doing so is '''discrimination'''. The law protects against discrimination based on a person’s:
A tenancy agreement must follow the rules about renting in the ''[[Residential Tenancy Act]]'' and Regulations.
* race, colour, ancestry, place of origin, or Indigenous identity
* age
* sex, sexual orientation, or gender identity or expression
* marital or family status  
* religion
* (legal) source of income
* mental or physical disability


The Residential Tenancy Branch has a tenancy agreement form that you and your landlord can use. The form is called Residential Tenancy Agreement. It is available [http://www.rto.gov.bc.ca/documents/RTB-1.pdf from their website].
A landlord can't refuse to rent to someone or charge a different rent based on any of these protected characteristics.


A tenant and a landlord can sign a month-to-month agreement or a fixed term agreement, also known as a ''lease''. If you sign a lease, you can’t move out until your lease is finished without paying extra money.
So a landlord can't, for example, refuse to rent to someone because they’re on income assistance.  


:'''For example:''' if you sign a one year lease, you have to stay until the end of the one year. If you decide to move out before the end of the lease, you may have to pay your landlord some extra money to cover the difference between what you agreed to in writing and what you now want to change.
Or a landlord can't refuse to rent to someone because they have children. (There is an exception to this rule for rental buildings reserved for people age 55 and older.)


A tenancy agreement must be in writing. The tenant and the landlord sign it and  date  it. The landlord must give the tenant a copy of the tenancy agreement within 21 days. The agreement will say how much the rent is and when you must pay it. The agreement should also include what the law says about such things as ''security deposits'', ''rent increases'', and repairs.
You can complain to the BC Human Rights Tribunal at [http://www.bchrt.bc.ca/ bchrt.bc.ca] if you think a landlord has discriminated against you.  


You should read the agreement before you sign it. Get someone to help if you need to.
For help with filing a human rights complaint, you can contact the BC Human Rights Clinic at [https://bchrc.net/ bchrc.net] operated by the Community Legal Assistance Society.


===Move-in and move-out===
===Making an agreement to rent===
When you find a suitable place to rent, you and the landlord make a contract. This is a binding legal agreement. A contract between a tenant and landlord is called a '''tenancy agreement'''.


A tenant and a landlord do an inspection together when a  tenant  moves  in and  when a tenant moves out. They check to see that everything is working. Make sure you get a copy of this inspection from the landlord.
A tenancy agreement must follow the rules about renting in the ''Residential Tenancy Act'' and Regulation. It must be in writing. The Residential Tenancy Branch has a '''residential tenancy agreement''' form at [https://gov.bc.ca/landlordtenant gov.bc.ca/landlordtenant] that you and the landlord can use.  


Before you move in or move out, call the Residential Tenancy Branch or the Tenant Resource & Advisory Centre for information about the rules for the inspection. The phone numbers are in the section called [[Find Out More in Learning about the Law|Find Out More]].
The agreement will say how much the rent is and when you must pay it. The agreement should also include what the law says about such things as '''security deposits''', rent increases, and repairs.  


==Rent and security deposit==
A tenancy agreement can be a month-to-month agreement or a fixed-term agreement, also known as a '''lease'''. If you sign a lease, you can’t move out until your lease is finished without paying extra money.
===Paying rent===


When you rent a house or apartment, you usually pay rent to the landlord once a month. Make sure you have proof that you paid the rent, such as a witness, a receipt from the landlord, or a cancelled cheque from your bank or credit union. Keep this proof in case there is a dispute about it later.
{{PLSStorybox
| image = [[File:Headshot - Learning about the Law - Candace - 2023.png|link=]]
| text      = “When I moved to BC, I signed a one-year lease for a rental apartment. I planned to stay the full year. Unfortunately, my mom isn’t doing well. With a few months still left on the lease, I decided to go back to Ontario to help her. But because I’m moving out early, I have to pay for the remaining months of the lease.” <br>– Candace, Coquitlam, BC
}}


If your landlord wants to increase your rent, he or she must follow the rules. For example, the landlord cannot increase the rent if you have not been in the place for at least 12 months.
The tenancy agreement must be signed and dated by you and your landlord. You should read the agreement before you sign it. Get someone to help if you need to. The landlord must give you a copy of the signed agreement within 21 days.  


Landlords must give tenants three months' notice if they increase the rent. This means the landlord must tell you in writing three months before you start to pay the higher rent. The month you receive the notice doesn’t count, even if you receive notice on the first of the month.
===Move-in inspection===
You and the landlord must do a walkaround before you move in, checking the rental unit out together. The landlord must complete a '''condition inspection report''', and both of you need to sign it. This is a written record of the condition of the place. The report should show if it's in poor condition.  


The landlord must use a special form called [http://www.rto.gov.bc.ca/documents/RTB-7.pdf Notice of Rent Increase].
Make sure you get a copy of the condition inspection report from the landlord.  


The landlord can only increase the rent once a year. In most cases, the landlord can only increase the rent according to a percentage set by the government. This percentage may change from year to year. In 2013, this percentage is 4.3%.
===Paying a deposit===
When you move into a place, the landlord can ask for some extra money to cover any damage you may cause to the rental unit. This is called a '''security deposit'''. It can’t be more than half the monthly rent. The landlord can also ask for a pet damage deposit if they allow you to have a pet. That also can’t be more than half the monthly rent.


Check with the Residential Tenancy Branch or the Tenant Resource & Advisory Centre to see if this percentage has changed. Their phone numbers are in the section called [[Find Out More in Learning about the Law|Find Out More]].
It is very important you keep the receipts for these deposits. At the end of your tenancy, you are entitled to the deposits back unless the landlord can show you damaged the unit.  


===Paying a security deposit===
==While renting==
===Paying rent===
When you rent a place to live, you usually pay rent to the landlord once a month. Make sure you get proof that you paid the rent. This can take the form of a receipt from the landlord, a witness, or a cancelled cheque from your bank or credit union. Keep this proof in case there is a dispute about it later.


When tenants move into a place, they usually must pay the landlord some extra money that they may get back when they move out. This is called a security deposit. It is to pay for any damage the tenant might do. It can’t be more than one-half of one month’s rent money. It is very important for the tenant to keep the receipt for the security deposit.
===Rent increases===
If your landlord wants to raise your rent, they must follow the rules. For example, the landlord can only increase the rent once every 12 months. They can’t increase it more than a percentage set by the government.  


===Getting your money back===
As well, the landlord must use a special form called '''notice of rent increase'''. And they must give you this notice three full months before they can increase the rent.


When the tenant moves out, the tenant should give the landlord an address in writing saying where to send the security deposit. Once the tenant has given the landlord this address, the landlord must return the security deposit with interest within 15 days or ask the Residential Tenancy Branch for permission to keep some or all of it.
For more on rent increases, see the Residential Tenancy Branch at [https://gov.bc.ca/landlordtenant gov.bc.ca/landlordtenant] and TRAC at [https://tenants.bc.ca/ tenants.bc.ca].  


If the tenant damaged the place, the landlord can use some of the security deposit money for repairs. However, the tenant must agree to this in writing.
===Repairs===
Landlords are generally responsible for fixing problems in a rental unit. Tenants are responsible for repairing damage they (or their visitors or pets) cause.  


The landlord cannot keep the security deposit or part of it unless the tenant agrees in writing to pay for <span class="noglossary">damages</span> or unpaid rent. If the tenant does not agree in writing, the landlord must contact the Residential Tenancy Branch for permission to keep some of the security deposit money. For more information, <span class="noglossary">contact</span> the Residential Tenancy Branch.
The landlord must put up a sign or tell you in writing who and what number to call if there is an emergency. This includes urgent problems with electricity, plumbing (say the toilet doesn’t work), and heating.
 
==Repairs==
[[File:paintingfence.jpg | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
===Making repairs===
 
The landlord must put up a sign or tell the tenant in writing who to call if there is an emergency. If you have problems with the electricity, or the toilet doesn’t work, or there is no hot water, for example, the landlord must fix it. The law says a landlord must make such repairs.
 
Ask your landlord to make the repairs. It is a good idea to do this in writing and keep a copy of the letter.
   
   
If the landlord doesn’t make the repairs, phone the Residential Tenancy Branch or the Tenant Resource & Advisory Centre. Their phone numbers are in the section called [[Find Out More in Learning about the Law|Find Out More]].
If something needs to be fixed, ask your landlord to make the repairs. It’s a good idea to do this in writing and keep a copy of the letter.  


===Asking for help with repairs===
If the landlord doesn’t make the repairs, contact the Residential Tenancy Branch at [https://gov.bc.ca/landlordtenant gov.bc.ca/landlordtenant] or TRAC at [https://tenants.bc.ca/ tenants.bc.ca].


Some towns and cities have rules about keeping rental suites safe and healthy. You can phone your local city hall or town council and ask them about these rules.
Another option may be to contact your municipality. Many towns and cities have rules (or '''bylaws''') about keeping rental suites safe and healthy. You can contact your local city hall to ask them about these rules. They may be able to send an '''inspector'''. An inspector can check your place for free and tell the landlord to do the repairs.  


You can use the Blue Pages of your phone book. Look under "Health," "Fire" or "Building Inspections." Or you can do a search for your local government on the Internet.
{{PLSStorybox
 
| image = [[File:Headshot_-_Learning_about_the_Law_-_Ciara_-_2023.png|link=]]
If you live in Vancouver, the phone number for the City of Vancouver Property Use Inspector is 604-873-7398.
| text      = “I live in a basement suite. The pipe from the toilet was leaking, so I told the landlord. But the landlord didn’t fix it, even after I asked a second time. I decided to contact city hall. An inspector came to look at the toilet. They told the landlord to fix the pipe. Because the landlord didn’t want to be fined, they fixed the problem.” <br>– Ciara, Kamloops, BC
 
}}
When you call, ask if they will send an ''inspector''. An inspector can check your place and order the landlord to do the repairs.
 
:'''For example''': Susan Johnson lived in an apartment. The pipe from the toilet had water coming out, and the landlord didn’t fix it after Susan asked him to. Susan phoned city hall and told the people there about the problem.
:An inspector came to Susan’s apartment and looked at the problem. This inspection was free. The inspector told the landlord to fix the pipe right away. If an inspector tells a landlord to do something, he or she must do it.
 
Another place to get help is at the Residential Tenancy Branch. You can apply for a ''dispute resolution'' hearing for repairs.
 
==Resolving disputes==
===Residential tenancy dispute resolution===
 
If you have a problem with your landlord, you may be able to resolve the matter by talking to him or her. If you cannot work it out on your own you can <span class="noglossary">access</span> dispute resolution services through the Residential Tenancy Branch. A dispute resolution hearing is a bit like a court. You ask a Dispute Resolution Officer (DRO) to make a decision based on the law. You would need to have evidence in support of your argument.
 
A dispute resolution hearing can be held on the phone or in person. The DRO makes a decision. You and the landlord must obey the decision.
 
To find out more about dispute resolution, see the ''[[Tenant Survival Guide]]'', a free publication of the Tenant Resource & Advisory Centre (TRAC), available online and in print. Contact details are in the [[Find Out More in Learning about the Law|Find Out More]] section.


===Paying for damage===
===Paying for damage===
As a tenant, if you (or your visitor or pet) damage the rental unit, you have to pay for the repair. You should tell the landlord right away.


When a tenant or tenant’s visitors damage a rented house or apartment, the tenant should tell the landlord right away. The tenant must pay for the repair. The landlord doesn’t have to pay for it.
{{PLSStorybox
 
| image = [[File:Headshot - Learning about the Law - Quan - 2023.png|link=]]
:'''For example''': Bill Lee is a tenant living in a suite in an older house. One evening he had a <span class="noglossary">party</span>. One of his friends accidentally broke the big front window. In the morning, Bill called the landlord and explained what happened. The landlord called a company to replace the window and Bill paid for the new window. It cost $200.
| text      = “I rent a suite in an older house. I threw a party one night. One of my friends accidentally broke a bedroom window. In the morning, I called the landlord and explained what happened. The landlord called a company to replace the window, and I paid $400 for the new window.” <br>– Quan, Nelson, BC
}}


===Letting the landlord in===
===Letting the landlord in===
Landlords can ask to enter the rental unit. You can agree to let the landlord in when they ask. Otherwise, the landlord must give you written notice at least 24 hours before they come. The notice must say what time between 8 am and 9 pm the landlord will come and why they are coming.


Landlords can ask to see the rented house or apartment. They may want to come once a month. Landlords must give a letter to the tenant 24 hours before they come. The  letter  must say what time between 8 a.m. and 9 p.m. the landlord will come and why he or she is coming.
Sometimes there is an emergency. For example, you may have a fire or a broken water pipe. Then the landlord can come in without notice or permission.  


Sometimes there is an emergency. For example, you may have a fire or a broken water pipe. Then the landlord can come in without permission.
===Resolving disputes===
If you have a problem with your landlord, you may be able to resolve the matter by talking to them. If you can’t work it out on your own, you can access '''dispute resolutio'''n through the Residential Tenancy Branch.
Either you or the landlord can apply for dispute resolution. The process involves a hearing — like a court hearing, but less formal. It’s usually held by teleconference. An independent decision-maker makes a decision in your situation based on the law. You need to have evidence in support of your claims. You and the landlord must follow the decision.  


==Eviction information==
To learn more about how dispute resolution works, see the Residential Tenancy Branch at [https://gov.bc.ca/landlordtenant gov.bc.ca/landlordtenant] and TRAC at [https://tenants.bc.ca/ tenants.bc.ca]. 


===For landlords===
==Ending a tenancy==
===Moving out===
When you want to move out of a house or apartment you are renting, the law requires that you tell your landlord in writing. This is called '''giving notice'''. You have to write your name, address and the date you will move out, and then sign the notice.


A landlord can sometimes make a tenant move out. This is called eviction.
If you are in a '''month-to-month tenancy''', you must give notice to the landlord at least one month before you will move out. The first day of the month you plan to move out is too late.  


If you are a landlord, and you need to evict a tenant, you must:
{{PLSStorybox
| image = [[File:Headshot_-_Learning_about_the_Law_-_Nathan_-_2023.png|link=]]
| text      = “I rent an apartment month-to-month. I’ve decided to move out and find a place closer to my parents. I plan to move out on December 31. That means I have to give notice to my landlord by November 30 at the latest. If I give notice on December 1, it would be too late; I’d have to pay an extra month’s rent in that case.” <br>– Nathan, Courtenay, BC
}}


*Give notice in writing  to  tell  the  tenant to move out. You can get a form at the Residential Tenancy Branch or your local Service BC Centre. The notice must contain reasons for eviction and explain to the tenant his or her right to dispute the eviction.
If you signed a fixed-term agreement or '''lease''', you are not allowed to end your tenancy early. If you do, you may have to pay extra money to the landlord for breaking the tenancy agreement.
*Give the notice to the tenant yourself or send it by registered mail. Landlords are not supposed to just put the letter under the door.


Give the tenant proper notice. The law says how much time you have to give tenants before they must move out.
It's best to give the notice to the landlord or the building manager yourself. You may want to ask someone to go with you in case the landlord denies receiving the notice. Keep a copy of the notice.  


===For tenants===
===Eviction===
A landlord can sometimes make a tenant move out of a rental unit. This is called '''eviction'''.


If a landlord wants you to move out, the law says he or she must follow the rules and put the notice in writing. The landlord cannot just tell you to leave. If you are a tenant and you get an eviction notice, read it very carefully. You may disagree with the reason the landlord is evicting you. For example, you don’t think you’re too noisy, or you don’t have too many people living in your place.
The law says how much time the landlord has to give the tenant to move out. It depends on the reasons for eviction. For example, the landlord can give:
* '''10 days notice''' when the tenant hasn’t paid the rent
* '''one month notice''' when the tenant is too noisy or has too many people living in the place  
* '''two months notice''' when the landlord or a close family member wants to live in the rental unit


You may want to try to stop the eviction. You can ''appeal'', which means you ask an official to decide. The eviction form says how much time you have to do that. ''Never ignore an eviction notice.'' You should ask for help or advice. See the [[Find Out More in Learning about the Law|Find Out More]] section.
These are just examples.  


===How much notice must a landlord give?===
As a tenant, be aware that the landlord cannot just tell you to leave. They have to put the eviction notice in writing, on the proper form, and explain the reason for the eviction. If you get an eviction notice, '''don’t ignore it'''. Read it very carefully.


The landlord must give:
You may disagree with the reason the landlord is evicting you. For example, you don’t think you’re too noisy, or you don’t have too many people living in your place. If you want to try to stop an eviction, you can '''dispute''' the notice. You can apply to the Residential Tenancy Branch to ask an arbitrator to decide. The eviction form will say how much time you have to do that.


*'''Immediate notice''' when the tenant is doing something that is likely to be dangerous to others. The landlord can apply to the Residential Tenancy Branch for something called an order of possession.
If you get an eviction notice, you should ask for help or advice as soon as you can. Contact the Residential Tenancy Branch at [https://gov.bc.ca/landlordtenant gov.bc.ca/landlordtenant] or TRAC at [https://tenants.bc.ca/ tenants.bc.ca].  
*'''10 days notice''' when the tenant didn’t pay the rent.
*'''One month notice''' when the tenant is too noisy or has too many people living in the place.
*'''Two months notice''' when the landlord is going to renovate the apartment, or tear it down, convert it to something else, or live in it. If you get a two-month eviction, check with the Residential Tenancy Branch or the Tenant Resource & Advisory Centre about compensation.


==Moving out==
===Getting your security deposit back===
[[File:movingout.jpg | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
On moving out of your rental unit, you should give the landlord an address in writing saying where to send the '''security deposit'''. Once you have given the landlord this address, the landlord must do one of three things:
When you want to move out of a house or apartment that you are renting, the law requires that you tell your landlord in writing. This is called ''giving notice''. You have to write your address and the date you will move out and sign your name.
* return the security deposit with interest within 15 days,
* ask for your written permission to keep some or all of the deposit, or
* apply to the Residential Tenancy Branch for permission to keep some or all of the deposit.  


If you are in a ''month-to-month'' tenancy, you must give it to the landlord at least one month
If the landlord doesn’t deal with the security deposit within 15 days, they have to pay you double the amount of the deposit.  
before you will move out. The first day of the month before you plan to move out is too late.
 
If you signed a ''fixed-term agreement'' or lease, you are not allowed to end your tenancy early. If you do, you may have to pay extra money to the landlord for breaking the tenancy agreement.
 
:'''For example''': Raj Gill has a month-to- month  agreement  and  has  decided to move. He plans to move  out of  his apartment on December 31. He will give his notice to his landlord on November 30 at the latest. Giving notice December 1 is too late. If he is late, Raj has to pay an extra month’s rent.
 
It's best to give the notice to the landlord or the building manager yourself. You may want to ask someone to go with you in case the landlord denies receiving the notice. Keep a copy of the notice.
 
If you mail the notice via registered mail, make sure you keep the receipt and a copy of the notice. Remember that if the landlord denies you gave proper notice, you will need evidence to prove that you did.
 
==Discrimination in renting==
 
Sometimes a house or apartment is for rent. The landlord can’t refuse to rent to people because of their gender, age, race, religion, birthplace, sexual orientation (gay, bisexual, or straight), marital or family status (single, married, or living common-law), or mental or physical <span class="noglossary">disability</span>.
 
Unless the building is reserved for people over 55 years old, a landlord can't refuse to rent to people because they have children. The landlord also can't refuse to rent to you because you are on welfare. BC law says this is discrimination.
 
A landlord can't charge a different price or make different rules for tenants of a different race, skin colour, religion, sex, and so on. This is the law. You can complain to the BC Human Rights Tribunal if you think a landlord has discriminated against you.
 
:'''BC Human Rights Tribunal'''
:Vancouver: 604-775-2000
:Toll-free: 1-888-440-8844
:[http://www.bchrt.bc.ca www.bchrt.bc.ca]
 
For information about the Human Rights Code and how to file a human rights complaint, you can contact the BC Human Rights Coalition:
 
:'''BC Human Rights Coalition'''
:1202 – 510 West Hastings Street
:Vancouver BC V6B 1L8
:[http://www.bchrcoalition.org www.bchrcoalition.org]


==Buying a home==
==Buying a home==
Buying a home is exciting. But it’s also stressful, as there’s a lot at stake.


[[File:LAL-Book 3-Pg15.jpg|300px|thumb|right|link=]]
Before you start looking, consider what you can afford. There are a lot of expenses involved. In addition to the obvious (the purchase price), there are closing costs (including legal fees), and ongoing costs such as loan payments, property taxes, and maintenance.  
If you want to buy a home, you need to know how much you can afford. Home expenses include the purchase price, legal fees, property taxes, insurance, maintenance, heating costs and others expenses such as repairs.
 
It is a good idea to talk to your banker, credit union or mortgage broker to find out how much you can afford to pay for a home.


Most people cannot afford to pay for the entire cost of a home. A lender may lend you money to purchase it. Borrowed money for a home is called a mortgage.
===Borrowing money to buy a home===
Most people cannot afford to pay the entire cost of a home up front. A lender may loan you money to purchase it. The money you borrow to buy a home is called a '''mortgage'''. The lender will also expect you to use some of your own money and make a '''down payment''' on the home you buy.  
The lender will also expect you to use some of your own money and make a down payment on the home you buy. Sometimes a lender will give you a pre-approved mortgage. This is a mortgage amount at an interest rate they guarantee for a period of time, often for 90 days.


You make a regular payment, most often monthly, to pay down your mortgage. Your monthly payment includes the interest that the bank charges for you to borrow their money.
Sometimes a lender will give you a pre-approved mortgage. This is a mortgage amount at an interest rate they guarantee for a period of time, such as 90 days.  


Most homes in Canada are sold through real estate agents, also called realtors. A real estate agent can assist you through the purchase process including: negotiating the price, providing you with information on the community you want to live in and sharing information about the housing market in general.
To pay down your mortgage, you make a regular payment, most often monthly. Your monthly payment includes the '''interest''' the lender charges you to borrow their money.


The cost associated with working with an agent is usually covered by the seller of the home. It is a good idea to meet with a realtor before you decide if you would like to work with them.
===What's involved in buying a home===
Most homes in Canada are sold through real estate agents, also called realtors. A real estate agent can assist you with the purchase process, including helping you understand the housing market, learning about the community you want to live in, and negotiating the purchase price. The cost of your real estate agent is usually covered by the seller of the home.  


When you find the property you want to purchase, a real estate agent will write an offer, called a Contract of Purchase and Sale. The agent will present your offer to the seller.
When you find a property you want to purchase, your real estate agent will write an offer, called a '''contract of purchase and sale'''. The agent will present your offer to the seller.  
 
Once you and the seller have agreed on a price, the agent will prepare the necessary documents to complete the purchase. Your agent will take care of sending the documents to the bank in order to arrange for the mortgage that you had been pre-approved for.
 
It is a good idea to have the home inspected before you buy it. This may help you avoid big or small surprises such as a broken frame or mold in the walls.  A realtor can help you find a home inspector. You can also find information about home inspectors online or in your local phone book. The buyer pays for the cost of the inspection.
You will need a lawyer or notary public to prepare the documents that transfer legal ownership from the seller to you. Your real estate agent may be able to suggest a lawyer or notary public for you to choose from. Lawyers and notaries can also be found online or in your local phone book.


===Owning a home: bylaws===
It’s a good idea to have the home inspected before you complete the sale. This may help you avoid big or small surprises such as structural problems or mould in the walls. A real estate agent can help you find a home inspector. As the buyer, you pay for the cost of the inspection.


When you own your home, you must still obey the city laws. These are called bylaws. They deal with safety and health issues and allowable uses of the property.
To complete the sale, you need to prepare documents that transfer legal ownership from the seller to you. Most people hire a lawyer or notary public to help with this. Your real estate agent may be able to suggest one for you. Or you can search online or in your local phone book.  


They cover everything from rules about building a house to rules about making noise and maintaining fences. To find out more, read Buying a Home in British Columbia, at [http://www.hpo.bc.ca/ files/download/Bulletins/BuyingANewHome. pdf www.hpo.bc.ca/ files/download/Bulletins/BuyingANewHome. pdf].
People’s Law School has more in-depth information about buying a home at [https://www.peopleslawschool.ca/buying-home/ peopleslawschool.ca].  


===Owning a home and bylaws===
When you own your home, many laws that come into play are made by your city or town. These are called '''bylaws'''. They deal with safety and health issues and allowable uses of the property. They set out rules for things like fences, trees, noise, parking, and pets.


{{REVIEWED | reviewer = [[People's Law School]], 2013}}
For more information on these topics, visit the neighbours section on the People’s Law School website at [https://www.peopleslawschool.ca/category/home-neighbours/neighbours/ peopleslawschool.ca].   


{{Learning about the Law Wikibook Navbox}}
{{Learning about the Law Wikibook Navbox}}


{{Creative Commons for PLS
{{Creative Commons for PLS
|title = Learning about the Law Wikibook
|title = Learning about the Law
|author =  
|author =  
}}
}}
__NOGLOSSARY__

Latest revision as of 23:29, 13 March 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School in February 2023.
Learning about the Law
Learning about the Law Wikibook
This page is from
Learning about the
Law.
See the full contents.
Contents
Fundamentals of Canadian Law
Canada’s Legal System
Working in BC
Renting a Home
Family Law
Older People
Young People
Find Out More
What the Words Mean
About this Wikibook ‎
From
Visit other wikibooks from
People's Law School
People's Law School
v • d • e
This page is used in the Renting a Home Lesson Module, a law-related ESL lesson for newcomers to Canada.

Every province in Canada has laws about renting, as well as about buying and owning a home. In this section, you will learn about these laws in British Columbia.

Tip v3.jpg
For updated and in-depth coverage of renting or buying a home in BC, visit peopleslawschool.ca.  

Before renting

Image via www.istock.com

When you rent a place to live, you are a renter, also known as a tenant. If you own a home or apartment and you rent it to someone else, you are a landlord.

You must follow BC laws about renting if you are a tenant or a landlord. A government office is responsible for making sure landlords and tenants follow these laws. It’s called the Residential Tenancy Branch.

The laws in play

The main law that sets out the rules for tenants and landlords is called the Residential Tenancy Act. There are more rules in another law called the Residential Tenancy Regulation.

There are supports available

For information or free help, you can contact the Residential Tenancy Branch or the Tenant Resource & Advisory Centre.

Residential Tenancy Branch
Vancouver: 604-660-1020
Victoria: 250-387-1602
Toll-free: 1-800-665-8779
gov.bc.ca/landlordtenant
Tenant Resource & Advisory Centre (TRAC)
Vancouver: 604-255-0546
Toll-free: 1-800-665-1185
tenants.bc.ca

TRAC has an online course for first-time tenants at rentingitright.ca. In it, you’ll learn how to search for housing, put together a strong rental application, and safely sign a contract about your tenancy with the landlord.

You can also find answers to common questions tenants have at peopleslawschool.ca/renting.

Looking for a place

When you look at a place to rent, the landlord will tell you how much the rent is. It’s important to ask the landlord what is included in the rent. For example, does the rent include gas, electricity, internet, cable service, or laundry machines for your use?

When you apply to rent a place, the landlord cannot charge you money to take your application. Doing this is illegal.

Discrimination in renting

A landlord can’t refuse to rent a place to live based on a part of someone’s identity protected under the law. Doing so is discrimination. The law protects against discrimination based on a person’s:

  • race, colour, ancestry, place of origin, or Indigenous identity
  • age
  • sex, sexual orientation, or gender identity or expression
  • marital or family status
  • religion
  • (legal) source of income
  • mental or physical disability

A landlord can't refuse to rent to someone or charge a different rent based on any of these protected characteristics.

So a landlord can't, for example, refuse to rent to someone because they’re on income assistance.

Or a landlord can't refuse to rent to someone because they have children. (There is an exception to this rule for rental buildings reserved for people age 55 and older.)

You can complain to the BC Human Rights Tribunal at bchrt.bc.ca if you think a landlord has discriminated against you.

For help with filing a human rights complaint, you can contact the BC Human Rights Clinic at bchrc.net operated by the Community Legal Assistance Society.

Making an agreement to rent

When you find a suitable place to rent, you and the landlord make a contract. This is a binding legal agreement. A contract between a tenant and landlord is called a tenancy agreement.

A tenancy agreement must follow the rules about renting in the Residential Tenancy Act and Regulation. It must be in writing. The Residential Tenancy Branch has a residential tenancy agreement form at gov.bc.ca/landlordtenant that you and the landlord can use.

The agreement will say how much the rent is and when you must pay it. The agreement should also include what the law says about such things as security deposits, rent increases, and repairs.

A tenancy agreement can be a month-to-month agreement or a fixed-term agreement, also known as a lease. If you sign a lease, you can’t move out until your lease is finished without paying extra money.

Headshot - Learning about the Law - Candace - 2023.png
“When I moved to BC, I signed a one-year lease for a rental apartment. I planned to stay the full year. Unfortunately, my mom isn’t doing well. With a few months still left on the lease, I decided to go back to Ontario to help her. But because I’m moving out early, I have to pay for the remaining months of the lease.”
– Candace, Coquitlam, BC

The tenancy agreement must be signed and dated by you and your landlord. You should read the agreement before you sign it. Get someone to help if you need to. The landlord must give you a copy of the signed agreement within 21 days.

Move-in inspection

You and the landlord must do a walkaround before you move in, checking the rental unit out together. The landlord must complete a condition inspection report, and both of you need to sign it. This is a written record of the condition of the place. The report should show if it's in poor condition.

Make sure you get a copy of the condition inspection report from the landlord.

Paying a deposit

When you move into a place, the landlord can ask for some extra money to cover any damage you may cause to the rental unit. This is called a security deposit. It can’t be more than half the monthly rent. The landlord can also ask for a pet damage deposit if they allow you to have a pet. That also can’t be more than half the monthly rent.

It is very important you keep the receipts for these deposits. At the end of your tenancy, you are entitled to the deposits back unless the landlord can show you damaged the unit.

While renting

Paying rent

When you rent a place to live, you usually pay rent to the landlord once a month. Make sure you get proof that you paid the rent. This can take the form of a receipt from the landlord, a witness, or a cancelled cheque from your bank or credit union. Keep this proof in case there is a dispute about it later.

Rent increases

If your landlord wants to raise your rent, they must follow the rules. For example, the landlord can only increase the rent once every 12 months. They can’t increase it more than a percentage set by the government.

As well, the landlord must use a special form called notice of rent increase. And they must give you this notice three full months before they can increase the rent.

For more on rent increases, see the Residential Tenancy Branch at gov.bc.ca/landlordtenant and TRAC at tenants.bc.ca.

Repairs

Landlords are generally responsible for fixing problems in a rental unit. Tenants are responsible for repairing damage they (or their visitors or pets) cause.

The landlord must put up a sign or tell you in writing who and what number to call if there is an emergency. This includes urgent problems with electricity, plumbing (say the toilet doesn’t work), and heating.

If something needs to be fixed, ask your landlord to make the repairs. It’s a good idea to do this in writing and keep a copy of the letter.

If the landlord doesn’t make the repairs, contact the Residential Tenancy Branch at gov.bc.ca/landlordtenant or TRAC at tenants.bc.ca.

Another option may be to contact your municipality. Many towns and cities have rules (or bylaws) about keeping rental suites safe and healthy. You can contact your local city hall to ask them about these rules. They may be able to send an inspector. An inspector can check your place for free and tell the landlord to do the repairs.

Headshot - Learning about the Law - Ciara - 2023.png
“I live in a basement suite. The pipe from the toilet was leaking, so I told the landlord. But the landlord didn’t fix it, even after I asked a second time. I decided to contact city hall. An inspector came to look at the toilet. They told the landlord to fix the pipe. Because the landlord didn’t want to be fined, they fixed the problem.”
– Ciara, Kamloops, BC

Paying for damage

As a tenant, if you (or your visitor or pet) damage the rental unit, you have to pay for the repair. You should tell the landlord right away.

Headshot - Learning about the Law - Quan - 2023.png
“I rent a suite in an older house. I threw a party one night. One of my friends accidentally broke a bedroom window. In the morning, I called the landlord and explained what happened. The landlord called a company to replace the window, and I paid $400 for the new window.”
– Quan, Nelson, BC

Letting the landlord in

Landlords can ask to enter the rental unit. You can agree to let the landlord in when they ask. Otherwise, the landlord must give you written notice at least 24 hours before they come. The notice must say what time between 8 am and 9 pm the landlord will come and why they are coming.

Sometimes there is an emergency. For example, you may have a fire or a broken water pipe. Then the landlord can come in without notice or permission.

Resolving disputes

If you have a problem with your landlord, you may be able to resolve the matter by talking to them. If you can’t work it out on your own, you can access dispute resolution through the Residential Tenancy Branch.

Either you or the landlord can apply for dispute resolution. The process involves a hearing — like a court hearing, but less formal. It’s usually held by teleconference. An independent decision-maker makes a decision in your situation based on the law. You need to have evidence in support of your claims. You and the landlord must follow the decision.

To learn more about how dispute resolution works, see the Residential Tenancy Branch at gov.bc.ca/landlordtenant and TRAC at tenants.bc.ca.

Ending a tenancy

Moving out

When you want to move out of a house or apartment you are renting, the law requires that you tell your landlord in writing. This is called giving notice. You have to write your name, address and the date you will move out, and then sign the notice.

If you are in a month-to-month tenancy, you must give notice to the landlord at least one month before you will move out. The first day of the month you plan to move out is too late.

Headshot - Learning about the Law - Nathan - 2023.png
“I rent an apartment month-to-month. I’ve decided to move out and find a place closer to my parents. I plan to move out on December 31. That means I have to give notice to my landlord by November 30 at the latest. If I give notice on December 1, it would be too late; I’d have to pay an extra month’s rent in that case.”
– Nathan, Courtenay, BC

If you signed a fixed-term agreement or lease, you are not allowed to end your tenancy early. If you do, you may have to pay extra money to the landlord for breaking the tenancy agreement.

It's best to give the notice to the landlord or the building manager yourself. You may want to ask someone to go with you in case the landlord denies receiving the notice. Keep a copy of the notice.

Eviction

A landlord can sometimes make a tenant move out of a rental unit. This is called eviction.

The law says how much time the landlord has to give the tenant to move out. It depends on the reasons for eviction. For example, the landlord can give:

  • 10 days notice when the tenant hasn’t paid the rent
  • one month notice when the tenant is too noisy or has too many people living in the place
  • two months notice when the landlord or a close family member wants to live in the rental unit

These are just examples.

As a tenant, be aware that the landlord cannot just tell you to leave. They have to put the eviction notice in writing, on the proper form, and explain the reason for the eviction. If you get an eviction notice, don’t ignore it. Read it very carefully.

You may disagree with the reason the landlord is evicting you. For example, you don’t think you’re too noisy, or you don’t have too many people living in your place. If you want to try to stop an eviction, you can dispute the notice. You can apply to the Residential Tenancy Branch to ask an arbitrator to decide. The eviction form will say how much time you have to do that.

If you get an eviction notice, you should ask for help or advice as soon as you can. Contact the Residential Tenancy Branch at gov.bc.ca/landlordtenant or TRAC at tenants.bc.ca.

Getting your security deposit back

On moving out of your rental unit, you should give the landlord an address in writing saying where to send the security deposit. Once you have given the landlord this address, the landlord must do one of three things:

  • return the security deposit with interest within 15 days,
  • ask for your written permission to keep some or all of the deposit, or
  • apply to the Residential Tenancy Branch for permission to keep some or all of the deposit.

If the landlord doesn’t deal with the security deposit within 15 days, they have to pay you double the amount of the deposit.

Buying a home

Buying a home is exciting. But it’s also stressful, as there’s a lot at stake.

Before you start looking, consider what you can afford. There are a lot of expenses involved. In addition to the obvious (the purchase price), there are closing costs (including legal fees), and ongoing costs such as loan payments, property taxes, and maintenance.

Borrowing money to buy a home

Most people cannot afford to pay the entire cost of a home up front. A lender may loan you money to purchase it. The money you borrow to buy a home is called a mortgage. The lender will also expect you to use some of your own money and make a down payment on the home you buy.

Sometimes a lender will give you a pre-approved mortgage. This is a mortgage amount at an interest rate they guarantee for a period of time, such as 90 days.

To pay down your mortgage, you make a regular payment, most often monthly. Your monthly payment includes the interest the lender charges you to borrow their money.

What's involved in buying a home

Most homes in Canada are sold through real estate agents, also called realtors. A real estate agent can assist you with the purchase process, including helping you understand the housing market, learning about the community you want to live in, and negotiating the purchase price. The cost of your real estate agent is usually covered by the seller of the home.

When you find a property you want to purchase, your real estate agent will write an offer, called a contract of purchase and sale. The agent will present your offer to the seller.

It’s a good idea to have the home inspected before you complete the sale. This may help you avoid big or small surprises such as structural problems or mould in the walls. A real estate agent can help you find a home inspector. As the buyer, you pay for the cost of the inspection.

To complete the sale, you need to prepare documents that transfer legal ownership from the seller to you. Most people hire a lawyer or notary public to help with this. Your real estate agent may be able to suggest one for you. Or you can search online or in your local phone book.

People’s Law School has more in-depth information about buying a home at peopleslawschool.ca.

Owning a home and bylaws

When you own your home, many laws that come into play are made by your city or town. These are called bylaws. They deal with safety and health issues and allowable uses of the property. They set out rules for things like fences, trees, noise, parking, and pets.

For more information on these topics, visit the neighbours section on the People’s Law School website at peopleslawschool.ca.

v • d • e
Fundamentals of Canadian Law
Canada’s Legal System
Working in BC
Renting a Home
Family Law
Older People
Young People
Resources
About


Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Learning about the Law © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.
Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Renting_a_Home&oldid=55717"