Difference between revisions of "Moving in and Residential Tenancies (19:IV)"

Latest revision as of 21:18, 23 November 2019

A. Condition Inspection: Move In and Move Out

The landlord and tenant together must inspect the condition of the rental unit on the day the tenant is entitled to possession of the rental unit or on another mutually agreed day (RTA, s 23 (1)), and once more on a mutually agreed day when the tenant moves out. Both the landlord and the tenant must sign the Condition Inspection Report and the landlord must give the tenant a copy of that report. The RTA requires that certain standard information be included on a condition inspection report. Generally, the landlord should use RTB official forms, which contain all of the information required by law. Landlords can use their own forms so long as the forms used contain all the information required in s 20 of the RTR. Landlords must give tenants a copy of the signed condition inspection report within seven days after the condition inspection is completed.

NOTE: RTA s 23, Condition Inspection Report: Start of Tenancy, and RTA s 24: consequences if report requirements are not met, do not apply to a landlord or tenant in respect of a tenancy that started before January 1, 2004.

1. Landlord

The landlord must conduct the inspection and complete and sign the report even if the tenant refuses to participate. The right of a landlord to claim against a security or pet damage deposit for damage to the residential property is extinguished if the landlord does any of the following acts or omissions contained in RTA ss. 23 and 24(2):

fails to offer the tenant at least two opportunities for the inspection;

does not participate in the inspection; or

does not complete the condition inspection report and give the tenant a copy of it in accordance with the regulations.

2. Tenant

The right of a tenant to the return of a security deposit or a pet damage deposit, or both, is extinguished if the landlord has complied with s 23(3), given two opportunities for inspection, and the tenant has not participated on either occasion.

B. Condition: Moving Out

The landlord and tenant together must inspect the condition of the rental unit before a new tenant begins to occupy the rental unit on or after the day the tenant ceases to occupy the rental unit, or on another mutually agreed day (RTA, s 35(1)). The landlord must offer the tenant at least two opportunities for the inspection and must complete the inspection report in accordance with the RTR. Both the landlord and tenant must sign the condition inspection report and the landlord must give the tenant a copy of that report in accordance with the RTR – within 15 days of the date the condition inspection is completed or the date the landlord receives the tenant’s forwarding address in writing, whichever is later.

1. Landlord

Unless the tenant abandons a rental unit, the right of the landlord to claim against a security or a pet damage deposit, or both, for damage to residential property is extinguished if the landlord does not offer the tenant at least two opportunities for the inspection or does not participate on either occasion, or having made an inspection with the tenant does not complete the condition inspection report and give the tenant a copy of it in accordance with the RTR.

2. Tenant

The right of a tenant to the return of a security deposit or a pet damage deposit, or both is extinguished if the landlord complies with RTA s 35 (provides two opportunities for inspections), and the tenant has not participated on either occasion (s 36(1)).

C. Re-keying Locks for New Tenants

At the request of a tenant at the start of a new tenancy, the landlord must re-key the locks or other means of access given to the previous tenant, and pay all costs associated with the changes. If the landlord at the end of the previous tenancy altered the locking system, the landlord need not do so again (RTA, s 25).

D. Duty to Provide a Copy of the Agreement

Section 13(3) of the RTA provides that within 21 days after a landlord and tenant enter into a tenancy agreement, the landlord must give the tenant a copy of the agreement.

E. Obligations on Move Out

1. Tenant Obligations

Give proper notice;

participate in move-out condition inspection;

leave the unit clean;

repair damage caused (above normal wear and tear), including damage caused by guests or pets above normal wear and tear levels; and

remove all possessions from the rental unit and the residential property.

2. Landlord Obligations

Give proper notice;

schedule and participate in the move-out condition inspection and provide the tenant with a copy of the condition inspection report; and

return security deposit and pet damage deposit or file to retain them in accordance with the RTA

F. Breaking a Fixed Term Tenancy

If a tenant moves out before their fixed term ends without finding another tenant approved by the landlord to take over the fixed term tenancy, the tenant may be responsible for the landlord’s advertising and administrative costs incurred in finding a new tenant, as well as rent (at the tenancy agreement rate) until the unit is rented or the fixed term expires.

NOTE: Refer to the tenancy agreement, as some agreements will have move-out clauses that will express what a tenant’s obligations will be upon breaking their fixed term tenancy.

NOTE: A landlord cannot evict a tenant except for cause during the term of a fixed-term tenancy. A landlord may not give notice before the end of the fixed term even if the property is sold or the landlord’s family wishes to move into the rental unit.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 29, 2019.

@@ Line 1: / Line 1: @@
 {{LSLAP Manual TOC|expanded = landlord}}
-CHAPTER 4 TENANCY AGREEMENTS
-=A. Protecting the Tenant=
-A third party should accompany a potential tenant during a rental unit showing, so there is a witness as to the landlord’s representations made during the showing. Important: Get the landlord’s promises in writing if possible, but note that landlords are not obligated to provide them in writing.
-After establishing the tenancy and before the tenant moves their personal possessions into the rental unit, the RTA requires the landlord and tenant to jointly conduct a condition inspection and fill out and sign the RTB’s Condition Inspection Report. This report notes the condition of various elements of the rental unit. The tenant may want to take photographs at the initial move-in inspection, as well as the move-out inspection. The landlord must provide the tenant with a copy of the Condition Inspection Report within 15 days.
+== '''A.	Condition Inspection: Move In and Move Out''' ==
-Fees for cable and internet should be negotiated before the tenancy commences, and included in the Tenancy Agreement.
-The Residential Tenancy Branch provides a fillable and printable Tenancy Agreement at www.rto.gov.bc.ca/documents/RTB-1.pdf. TRAC’s website has more information as well as translations of the Tenancy Agreement forms into Punjabi, and Simplified and Traditional Chinese at www.tenants.bc.ca/other-languages.
+The landlord and tenant together must inspect the condition of the rental unit on the day the tenant is entitled to possession of the rental unit or on another mutually agreed day (RTA, s 23 (1)), and once more on a mutually agreed day when the tenant moves out. Both the landlord and the tenant must sign the Condition Inspection Report and the landlord must give the tenant a copy of that report. The RTA requires that certain standard information be included on a condition inspection report. Generally, the landlord should use RTB official forms, which contain all of the information required by law. Landlords can use their own forms so long as the forms used contain all the information required in s 20 of the RTR. Landlords must give tenants a copy of the signed condition inspection report within seven days after the condition inspection is completed.
-=B. General=
-The “leasehold” or tenancy interest is an estate (a bundle of property rights) of limited duration, which is created and acquired by the “tenant” when a person capable of granting that interest does so. Such a person (usually called the owner or landlord) conveys to the tenant the right of “exclusive possession”. The interest that the landlord retains is called the “reversion”, and full possession reverts back to the landlord on the termination of the tenancy.
-The landlord can sell his or her reversion to someone else, who becomes the new landlord and property owner. The tenancy follows the property, not the initial owner, so a tenancy agreement is still binding on a new owner, who is responsible for repaying the initial security and/or pet damage deposit when the tenancy ends (RTA, s 93).
+NOTE:	RTA s 23, Condition Inspection Report: Start of Tenancy, and RTA s 24: consequences if report requirements are not met, do not apply to a landlord or tenant in respect of a tenancy that started before January 1, 2004.
-==1. Two Methods of Creating a Tenancy Relationship==
-===a) By Formal Contract===
-A tenancy interest is granted by a contract known as a tenancy agreement or lease. Often the parties will enter into an express agreement (see Section III.C: Contractual Nature of the Tenancy Agreement). The executed tenancy agreement governing the tenant’s possession may be written, or oral, or both (see the s 1 definition of “tenancy agreement”). To be enforceable, the elements of a complete contract (offer, acceptance, and consideration) must be present (see Chapter 9: Consumer Protection).
-===b) By Implied Contract===
-Every tenancy agreement entered into on or after January 1, 2004 must be prepared in writing by the landlord (RTA, s 12(1)).
-Notwithstanding this obligation to prepare the agreement in writing, where a tenant is already in possession of the unit, or where rent has been paid, the law may imply the existence of a valid tenancy agreement (see Section III.C.2: Terms, Covenants, and Conditions). This type of rental agreement is quite common because many tenancies are entered into on the basis of an application form, or verbal consensus, without the existence of any written contract. A “tenancy agreement” may be found to exist, notwithstanding the fact that:
+=== 1.	 Landlord ===
-i) there is no written tenancy agreement;
+The landlord must conduct the inspection and complete and sign the report even if the tenant refuses to participate. The right of a landlord to claim against a security or pet damage deposit for damage to the residential property is extinguished if the landlord does any of the following acts or omissions contained in RTA ss. 23 and 24(2):
-ii) a previously existing agreement has expired or terminated; or
-iii) there was no previous agreement of any kind.
+* 	fails to offer the tenant at least two opportunities for the inspection;
+* 	does not participate in the inspection; or
+* 	does not complete the condition inspection report and give the tenant a copy of it in accordance with the regulations.
-If the person in possession pays rent or a deposit and the landlord accepts the payment with the intention of creating a tenancy, an agreement is created.
-==2. Where Something Other than a Tenancy is Created==
+=== 2.	 Tenant ===
-An agreement or circumstances may create something other than a tenancy. A person may be a tenant at will, a tenant on sufferance, a licensee, or a mere occupant.
-An occupant or person in possession who is not a tenant has no agreement with the landlord concerning that possession or occupation. In the case of a licensee or occupant living in a home by permission of a main tenant (when the landlord/owner lives off-site), the main tenant is responsible for all obligations, including paying rent (and utilities if required). If the licensee or occupant is sharing a kitchen or bathroom with the landlord, the parties can seek remedies in Small Claims Court.
+The right of a tenant to the return of a security deposit or a pet damage deposit, or both, is extinguished if the landlord has complied with s 23(3), given two opportunities for inspection, and the tenant has not participated on either occasion.
+== '''B.	Condition: Moving Out''' ==
+The landlord and tenant together must inspect the condition of the rental unit before a new tenant begins to occupy the rental unit on or after the day the tenant ceases to occupy the rental unit, or on another mutually agreed day (RTA, s 35(1)). The landlord must offer the tenant at least two opportunities for the inspection and must complete the inspection report in accordance with the RTR. Both the landlord and tenant must sign the condition inspection report and the landlord must give the tenant a copy of that report in accordance with the RTR – within 15 days of the date the condition inspection is completed or the date the landlord receives the tenant’s forwarding address in writing, whichever is later.
+=== 1.	 Landlord ===
+Unless the tenant abandons a rental unit, the right of the landlord to claim against a security or a pet damage deposit, or both, for damage to residential property is extinguished if the landlord does not offer the tenant at least two opportunities for the inspection or does not participate on either occasion, or having made an inspection with the tenant does not complete the condition inspection report and give the tenant a copy of it in accordance with the RTR.
+=== 2.	 Tenant ===
+The right of a tenant to the return of a security deposit or a pet damage deposit, or both is extinguished if the landlord complies with RTA s 35 (provides two opportunities for inspections), and the tenant has not participated on either occasion (s 36(1)).
+== '''C.	Re-keying Locks for New Tenants''' ==
+At the request of a tenant at the start of a new tenancy, the landlord must re-key the locks or other means of access given to the previous tenant, and pay all costs associated with the changes. If the landlord at the end of the previous tenancy altered the locking system, the landlord need not do so again (RTA, s 25).
+== '''D.	Duty to Provide a Copy of the Agreement''' ==
+Section 13(3) of the RTA provides that within 21 days after a landlord and tenant enter into a tenancy agreement, the landlord must give the tenant a copy of the agreement.
+== '''E.	Obligations on Move Out''' ==
+=== 1.	 Tenant Obligations ===
+* 	Give proper notice;
+* 	participate in move-out condition inspection;
+* 	leave the unit clean;
+* 	repair damage caused (above normal wear and tear), including damage caused by guests or pets above normal wear and tear levels; and
+* 	remove all possessions from the rental unit and the residential property.
+=== 2.	 Landlord Obligations ===
+* 	Give proper notice;
+* 	schedule and participate in the move-out condition inspection and provide the tenant with a copy of the condition inspection report; and
+* 	return security deposit and pet damage deposit or file to retain them in accordance with the RTA
+== '''F.	Breaking a Fixed Term Tenancy''' ==
+If a tenant moves out before their fixed term ends without finding another tenant approved by the landlord to take over the fixed term tenancy, the tenant may be responsible for the landlord’s advertising and administrative costs incurred in finding a new tenant, as well as rent (at the tenancy agreement rate) until the unit is rented or the fixed term expires.
+NOTE:	Refer to the tenancy agreement, as some agreements will have move-out clauses that will express what a tenant’s obligations will be upon breaking their fixed term tenancy.
+NOTE:	A landlord cannot evict a tenant except for cause during the term of a fixed-term tenancy. A landlord may not give notice before the end of the fixed term even if the property is sold or the landlord’s family wishes to move into the rental unit.
+{{REVIEWED LSLAP | date= July 29, 2019}}
+{{LSLAP Manual Navbox|type=chapters15-22}}

Difference between revisions of "Moving in and Residential Tenancies (19:IV)"

Latest revision as of 21:18, 23 November 2019

A. Condition Inspection: Move In and Move Out

1. Landlord

2. Tenant

B. Condition: Moving Out

1. Landlord

2. Tenant

C. Re-keying Locks for New Tenants

D. Duty to Provide a Copy of the Agreement

E. Obligations on Move Out

1. Tenant Obligations

2. Landlord Obligations

F. Breaking a Fixed Term Tenancy

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