Difference between revisions of "The Residential Tenancy Act (19:I)"

Latest revision as of 20:06, 8 August 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 2, 2023.

Landlord-tenant law was written to protect the rights and identify the responsibilities of both landlords and tenants. The law serves to prevent and resolve disputes that may arise within a tenancy in the clearest and lowest-conflict manner possible. This guide seeks to provide basic legal information, including the rights and responsibilities of tenants and landlords and about the processes available for resolving disputes between tenants and landlords.

The primary source of landlord-tenant law in British Columbia is the Residential Tenancy Act [RTA]. The Manufactured Home Park Tenancy Act, SBC 2002, c 77 [MHPTA] is a counterpart to the RTA that applies to owners of manufactured homes who rent the site on which their homes sit.

The RTA sets out the rights and obligations of landlords and tenants. When a tenancy starts, there should be a tenancy agreement in place. A tenancy agreement means an agreement, whether written or oral, express or implied, between a landlord and a tenant, respecting the possession of a rental unit, the use of common areas and services and facilities. It also includes a licence to occupy a rental unit.

A. Premises and Persons Subject to the RTA

1. Effective Date

The RTA applies to all residential tenancy agreements entered into before or after the date the Act first came into force. The RTA was modernized in 2004.

2. Infants

Tenancy agreements entered into by persons under the age of 19 are enforceable under s 3 of the RTA.

3. Excluded Premises and Agreements

s. 4 of the RTA sets out a list of situations which are not covered by the RTA.

Where a tenant is living in a cooperative housing facility and is paying rent, but is not a member of the cooperative, their rental unit may be subject to the RTA if the arrangement appears to fit the definition of a tenancy. For more information about what is covered by B.C.’s tenancy laws based on the housing types, visit the following website https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/is-my-tenancy-covered-under-bcs-tenancy-laws.

In situations where a tenant, named in the tenancy agreement, shares accommodations with a roommate who does not have an agreement with the landlord, only the tenant is protected by the RTA. Any roommates who do not have a tenancy agreement with the landlord are not covered by the RTA and do not have any recourse against the landlord under the RTA. Disputes between a tenant and a roommate cannot be brought to the RTB but may be brought to the Civil Resolution Tribunal if the disputed monetary amount is under $5000. Otherwise, the dispute can be brought to Small Claims Court if it is below $35,000, or to the Supreme Court if it is over $35,000. For more information, see Policy Guideline 19: Assignment and Sublet.

The determination of whether there is a tenancy depends on the circumstances of each case and can only be made by an RTB Arbitrator at a dispute resolution hearing.

A person who is not a tenant (i.e. someone whose housing is excluded from the RTA or who is an occupant, such as a roommate) may have a licence to occupy. Licensees’ rights and obligations are governed by common law.

Sometimes organizations that provide housing may claim that their accommodation falls under the emergency shelter or transitional housing exceptions. However, only the RTB can make such a determination, and such claims are not necessarily correct. The Residential Tenancy Regulations were updated in December 2016 to include a three-part definition of transitional housing. According to s.1 of the Regulations, "transitional housing” means living accommodation that is provided:

On a temporary basis;
By a person or organization that receives funding from a local government or the government of British Columbia or of Canada for the purpose of providing that accommodation, and
Together with programs intended to assist tenants to become better able to live independently.

Any accommodation must satisfy all three of these criteria to be excluded from the Act, even if a transitional housing agreement has been signed. “Emergency shelter” is defined in Policy Guideline 46 as a facility that “provides a homeless individual with temporary overnight shelter”. Residents of these shelters “may have an immediate need for support services” such as nutrition, hygiene, and health services, and “may be required to abide by house rules as a condition of their stay”.

A tenant in possession of a strata title lot (i.e., a condominium), whose landlord is the owner of the title and a member of the strata, is subject to both the RTA and the Strata Property Act. This is a frequent source of problems for tenants. See RTB Policy Guideline 21: Repair Orders Respecting Strata Properties.

Call the Residential Tenancy Branch information line (604-660-1020 or 1-800-665-8779) if you are unsure whether the rental unit comes under the RTA.
If your issue does not fall under the RTA, please see section XIX for additional resources.

4. No Contracting Out

Neither landlords nor tenants can contract out of the RTA or the Residential Tenancy Regulations. Any terms that are inconsistent with the Act or the Regulations are void.

5. Crown

Generally, the RTA applies to the Crown.

6. Hotel Tenants and Landlords

Hotel tenants are fully covered by the RTA if the hotel is the tenants’ primary residence. The following rules apply only to hotel tenants and landlords:

s 29(1)(c) permits entry into a hotel tenant’s room without notice to provide maid service at reasonable times;
s 59(6) permits an individual occupying a room in a residential hotel to apply for an interim order stating that the RTA applies to that living accommodation without notifying other parties.

See Policy Guideline 9: Tenancy Agreements and Licences to Occupy.

B. Discrimination Against Tenants

Although poverty is not a protected ground, a landlord must not discriminate against a (prospective) tenant based on a lawful source of income, such as Income Assistance or similar benefits. The prospective tenant may file a human rights complaint under the B.C. Human Rights Code, RSBC 1996, c. 210 [HRC]. Section 10(1) of the HRC also prohibits a person from denying tenancy or from discriminating with respect to a term of the tenancy against a person or class of persons because of their race, sexual orientation, colour, ancestry, place of origin, religion, marital status, physical or mental disability, or sex. Note also, that pets are not covered under discrimination rules. See Chapter 6: Human Rights for more information.

There are three exceptions:

1. Shared Accommodations

Section 10(1) of the HRC does not apply where a tenant and landlord will share the use of any sleeping, bathroom or cooking facilities in the space. See HRC section 10(2)(a) for more information.

2. Adults Only

The section does not apply to rental spaces in residential buildings in which every unit is reserved for rental by people who have reached 55 years of age or by two or more people, at least one of whom has reached 55 years of age.

3. Units Designed to Accommodate Disability

Section 10(1) does not apply as it relates to physical or mental disability if the space is a rental unit in residential premises, the unit and the residential premises are designed to accommodate persons with disabilities, and the unit is offered for rent exclusively to someone with a disability, or to 2 or more persons, at least one of whom has a physical or mental disability.

@@ Line 1: / Line 1: @@
+{{REVIEWED LSLAP | date= August 2, 2023}}
 {{LSLAP Manual TOC|expanded = landlord}}
-== A. Premises and Persons Subject to the RTA ==
+Landlord-tenant law was written to protect the rights and identify the responsibilities of both landlords and tenants. The law serves to prevent and resolve disputes that may arise within a tenancy in the clearest and lowest-conflict manner possible. This guide seeks to provide basic legal information, including the rights and responsibilities of tenants and landlords and about the processes available for resolving disputes between tenants and landlords.
-=== 1. Effective Date ===
+The primary source of landlord-tenant law in British Columbia is the ''Residential Tenancy Act'' [''RTA''].  The ''Manufactured Home Park Tenancy Act'', SBC 2002, c 77 [''MHPTA''] is a counterpart to the ''RTA'' that applies to owners of manufactured homes who rent the site on which their homes sit.
-The RTA applies to all residential tenancy agreements entered into or renewed after the date the RTA first came into force (1984). The RTA was modernized in 2004.
+The ''RTA'' sets out the rights and obligations of landlords and tenants. When a tenancy starts, there should be a tenancy agreement in place. A tenancy agreement means an agreement, whether written or oral, express or implied, between a landlord and a tenant, respecting the possession of a rental unit, the use of common areas and services and facilities. It also includes a licence to occupy a rental unit.
-=== 2. No Contracting Out ===
+== '''A.	Premises and Persons Subject to the ''RTA''''' ==
-An agreement, or a term in an agreement, which purports to exclude the application of the RTA is of no effect. Where a term in an agreement conflicts with the RTA or the ''Residential Tenancy Regulations'', the term is void. Essentially, neither landlords nor tenants can contract away rights legislated under the RTA.
+=== 1. Effective Date ===
-=== 3. Crown ===
-Generally, the RTA applies to the Crown.
-=== 4. Infants ===
-Tenancy  agreements entered into by persons under the age of 19 are enforceable under s 3 of the RTA.
-=== 5. Hotel Tenants and Landlords ===
-Hotel tenants are fully covered by the RTA if the hotel is the tenants’ primary residence. There are a few rules that apply only to hotel tenants and landlords, namely:
-*s 29(1)(c) permits entry into a hotel tenant’s room without notice for the purposes of providing maid service, as long as it is at reasonable times;
-*s 59(6) permits an individual occupying a room in a residential hotel to apply to an Arbitrator, without notice to any other party, for an interim order stating that the RTA applies to that living accommodation.
-See Policy Guideline 9: Tenancy Agreements and Licences to Occupy.
-=== 6. Subsidized Housing ===
-Persons living in publicly subsidized housing paying rent on a scale geared to their income are excluded from the rent increase provisions. They are also excluded from s 34 of the RTA, which deals with assignment and subletting. Not all subsidized housing is directly operated by the B.C. Housing Corporation.  For a list of subsidized housing options and to apply for subsidized housing, visit [https://www.bchousing.org/housing-assistance/rental-housing/subsidized-housing. https://www.bchousing.org/housing-assistance/rental-housing/subsidized-housing. ]
-== B. Excluded Premises and Agreements ==
-=== 1. Tenancies, Co-tenancies and Licenses to Occupy ===
-The RTA sets out the rights and obligations of landlords and tenants. When a tenancy starts, there should be a tenancy agreement in place. A tenancy  agreement means an agreement, whether written or oral, express or implied, between a landlord and a tenant respecting possession of a rental unit, use of common areas and services and facilities, and includes a licence to occupy a rental unit. Each landlord must prepare a written tenancy agreement that complies with the RTA. However, even if the landlord does not prepare such a written tenancy agreement, the tenant is still protected by all of the standard terms contained in the ''Residential Tenancy Regulation''.
-It also does not apply to living accommodations in which the tenant shares bathroom or kitchen facilities with the owner of the accommodation.
-The question may arise as to whether or not a person living in a rental unit is a tenant, a co-tenant, a tenant in common or an occupant. Residential Tenancy Policy Guidelines 9: Tenancy Agreements and Licenses to Occupy and Guideline 13: Rights and Responsibilities of Co-tenants may provide helpful guidance.
-Traditionally, the test to distinguish a tenancy from a license is whether or not the occupant has exclusive possession of the rental unit, taking into account the facts of each case and the intention of the parties.
-When a person shares a residence with the owner, factors indicating a license include:
-*sharing a kitchen or bathroom with the owner (this refers to the owner of the building, not the owner’s agent) (s 4);
-*the absence of a written tenancy agreement;
-*the provision of meals;
-*laundering and cleaning services provided by the facility;
-*no locks on the doors;
-*no security deposit;
-*lack of exclusive possession; or
-*the facility is part of a special program and the housing is temporary in nature.
-The determination of whether there is a tenancy depends on the circumstances of each case and can only be made by a RTB Arbitrator at a dispute resolution hearing.
-Licensees’ rights and obligations are governed by common law. A licensee can be asked to leave (i.e. be evicted) without specific reason, but the  licensor  must  give  reasonable  notice (written or verbal). This can be as short as a few days. Over two weeks or a month is almost always reasonable.
-A person who has had his or her personal property seized should consider taking the position that he or she is a tenant and apply to the Residential Tenancy Branch for dispute resolution seeking an order for return of personal property. If the Arbitrator finds that the RTA does not apply then the  application will be dismissed. Seizing a licensee’s personal property is not lawful unless the licensor already has a court order. A licensee not covered by the RTA may have a remedy under the common law, the ''Hotel Keeper Act'', RSBC 1996, c 206, the ''Commercial Tenancy Act'', RSBC 1996, c 57 (under which “tenant” is defined as including “occupant”), or the bylaws authorized by these statutes.
-If the licensee has been locked out or has had goods seized without notice,  he or she could ask a police officer for assistance or sue in Small Claims Court for an order for the return of goods and/or monetary compensation. The ''Hotel Keeper Act'' provides that a hotel keeper has the right to distrain (i.e. the right to seize belongings without first getting a court order) the occupant’s belongings for non-payment of rent. See also local health, safety, fire, and lodging house bylaws, which may give some protection to hotel keepers.
-=== 2. Non-Profit Housing Cooperatives ===
-Residential premises where a non-profit housing cooperative is the “landlord” and a member is the “tenant” are excluded from the application of the RTA; instead, the co-op relationship is governed by the ''Cooperative Association Act'', SBC 1999, c 28 (see RTA, s 4(a), and ''Burquitlam Cooperative Housing  Assoc. v Romund'' (1976), 1 BCLR 229 (Co Ct)). Where the person paying rent is not a member of the cooperative, and the cooperative or a cooperative member is the landlord, those rental units may be subject to the RTA if the arrangement appears to fit the definition of a tenancy, as opposed to a license.
-More  information can be found at the [http://www.chf.bc.ca website of the Co-operative Housing Federation of BC].
-=== 3. Strata Lots ===
+The ''RTA'' applies to all residential tenancy agreements entered into before or after the date the ''Act'' first came into force. The ''RTA'' was modernized in 2004.
-A tenant in possession of a strata title lot (i.e. a condominium), whose landlord is the owner of the title and a member of the strata, is subject to both the RTA and the ''Strata Property Act''. This is a frequent source of problems for tenants. See RTB Policy  Guideline 21: Repair Orders Respecting Strata Properties.
+=== 2. Infants ===
-=== 4. Twenty-Year Term ===
+Tenancy agreements entered into by persons under the age of 19 are enforceable under s 3 of the ''RTA''.
-Section 4(i) of the RTA provides that the RTA does not apply to a tenancy agreement for a term of over 20 years.
+=== 3. Excluded Premises and Agreements ===
-=== 5. Holiday Premises ===
+s. 4 of the ''RTA'' sets out a list of situations which are not covered by the ''RTA''.
-The RTA does not apply to living accommodation occupied primarily as vacation or travel accommodation (s 4(e)).
+Where a tenant is living in a cooperative housing facility and is paying rent, but is not a member of the cooperative, their rental unit may be subject to the ''RTA'' if the arrangement appears to fit the definition of a tenancy. For more information about what is covered by B.C.’s tenancy laws based on the housing types, visit the following website https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/is-my-tenancy-covered-under-bcs-tenancy-laws.
-=== 6. Manufactured Home Owners ===
+In situations where a tenant, named in the tenancy agreement, shares accommodations with a roommate who does not have an agreement with the landlord, only the tenant is protected by the ''RTA''. Any roommates who do not have a tenancy agreement with the landlord are not covered by the ''RTA'' and do not have any recourse against the landlord under the ''RTA''. Disputes between a tenant and a roommate cannot be brought to the RTB but may be brought to the Civil Resolution Tribunal if the disputed monetary amount is under $5000. Otherwise, the dispute can be brought to Small Claims Court if it is below $35,000, or to the Supreme Court if it is over $35,000. For more information, see Policy Guideline 19: Assignment and Sublet.
-The RTA does not apply to tenancy agreements to which the ''Manufactured Home Park Tenancy Act'' applies, i.e. owners of manufactured homes who rent the site  on which their homes sit (RTA, s 4(j)). If a person rents both a manufactured home and the pad it sits on, he or she is covered by the RTA.
+The determination of whether there is a tenancy depends on the circumstances of each case and can only be made by an RTB Arbitrator at a dispute resolution hearing.
-=== 7. Assisted and Supported Living Tenancies ===
+A person who is not a tenant (i.e. someone whose housing is excluded from the ''RTA'' or who is an occupant, such as a roommate) may have a licence to occupy. Licensees’ rights and obligations are governed by common law.
-Assisted and many supported living tenancies are not covered by the RTA. In addition to a tenancy agreement as required for regular tenancies, residents must  negotiate and sign a separate agreement specifying services, costs, and other terms.
+Sometimes organizations that provide housing may claim that their accommodation falls under the emergency shelter or transitional housing exceptions.  However, only the RTB can make such a determination, and such claims are not necessarily correct. The Residential Tenancy Regulations were updated in December 2016 to include a three-part definition of transitional housing. According to s.1 of the Regulations, "transitional housing” means living accommodation that is provided:
+* On a temporary basis;
+* By a person or organization that receives funding from a local government or the government of British Columbia or of Canada for the purpose of providing that accommodation, and
+* Together with programs intended to assist tenants to become better able to live independently.
+Any accommodation must satisfy all three of these criteria to be excluded from the Act, even if a transitional housing agreement has been signed.  “Emergency shelter” is defined in Policy Guideline 46 as a facility that “provides a homeless individual with temporary overnight shelter”. Residents of these shelters “may have an immediate need for support services” such as nutrition, hygiene, and health services, and “may be required to abide by house rules as a condition of their stay”.
-=== 8. Emergency Shelter and Transitional Housing ===
+A tenant in possession of a strata title lot (i.e., a condominium), whose landlord is the owner of the title and a member of the strata, is subject to both the ''RTA'' and the ''Strata Property Act''. This is a frequent source of problems for tenants. See RTB Policy Guideline 21: Repair Orders Respecting Strata Properties.
-Section 4 of the RTA states that the RTA does not apply to accommodation “provided for
+* Call the Residential Tenancy Branch information line (604-660-1020 or 1-800-665-8779) if you are unsure whether the rental unit comes under the ''RTA''.
-emergency shelter or transitional housing.” The exact bounds of the category of “transitional
+* If your issue does not fall under the ''RTA'', please see section XIX for additional resources.
-housing” are not entirely clear. Factors that arbitrators have referred to in determining whether
-housing is “transitional housing” include:
-* whether the tenancy is for a fixed, short, term
-* whether participation in programming (for example, in relation to mental health or substance use) is a condition of the tenancy
-* whether there are rules governing conduct while in the housing, including rules about behaviour or guests
-=== 9. Others Not Covered (RTA, s 4) ===
+=== 4. No Contracting Out ===
-*People living in accommodations owned or operated by educational institutions if the institution provides the accommodation to its students;
+Neither landlords nor tenants can contract out of the RTA or the Residential Tenancy Regulations. Any terms that are inconsistent with the Act or the Regulations are void.
-*people covered by the ''Community Care Facility Act'', SBC 2002, c 75; the ''Continuing Care Act'', SBC 1996, c 70; the ''Hospital Act'', RSBC 1996, c 200; or the ''Mental Health Act'', RSBC 1996, c 288.
-=== 10. Residential Tenancy Branch Information Line ===
+=== 5. Crown ===
-*Call the Residential Tenancy Branch information line (604-660-1020 or 1-800-665-8779) if you are unsure whether the rental units come under the RTA.
+Generally, the ''RTA'' applies to the Crown.
-== C. Discrimination Against Tenants ==
+=== 6. Hotel Tenants and Landlords ===
-Although poverty is not a protected ground, a landlord must not discriminate against a (prospective) tenant based on a lawful source of income, such as  Income Assistance or similar benefits. The remedy is a complaint under s 21 of the B.C. ''Human Rights Code'', RSBC 1996, c. 210 [HRC]. Section 10(1) of the  HRC also prohibits a person from denying tenancy or from discriminating with respect to a term of the tenancy against a person or class of persons because of their race, sexual orientation, colour, ancestry, place of origin, religion, marital status, physical or mental disability, or sex. Note also, that pets are  not covered under discrimination rules. See [[Governing Legislation and Resources for Human Rights (6:I) | Chapter 19: Human Rights]] for more information.
+Hotel tenants are fully covered by the ''RTA'' if the hotel is the tenants’ primary residence. The following rules apply only to hotel tenants and landlords:
-There are two exceptions:
+* s 29(1)(c) permits entry into a hotel tenant’s room without notice to provide maid service at reasonable times;
+* s 59(6) permits an individual occupying a room in a residential hotel to apply for an interim order stating that the ''RTA'' applies to that living accommodation without notifying other parties.
-=== 1. Shared Accommodations ===
+See Policy Guideline 9: Tenancy Agreements and Licences to Occupy.
-The law does not always apply when kitchen and bathroom facilities are shared with the owner of that accommodation.
+== '''B. Discrimination Against Tenants''' ==
-=== 2. Adults Only ===
+Although poverty is not a protected ground, a landlord must not discriminate against a (prospective) tenant based on a lawful source of income, such as Income Assistance or similar benefits. The prospective tenant may file a human rights complaint under the ''B.C. Human Rights Code'', RSBC 1996, c. 210 [HRC]. Section 10(1) of the HRC also prohibits a person from denying tenancy or from discriminating with respect to a term of the tenancy against a person or class of persons because of their race, sexual orientation, colour, ancestry, place of origin, religion, marital status, physical or mental disability, or sex. Note also, that pets are not covered under discrimination rules. See [[Introduction_to_Human_Rights_(6:I)|Chapter 6: Human Rights]] for more information.
-A landlord cannot refuse to rent to adults because they have children, unless the building or manufactured home park is reserved for people over 55 years old.
+There are three exceptions:
-== D. Application Fees ==
+'''1. Shared Accommodations'''
-A potential landlord cannot ask a renter or potential renter for an application fee. If one has paid an application fee and the landlord will not give it  back, one can apply for dispute resolution to have it returned. Applicants will need to know the landlord’s proper name and address, and have proof that the fee was paid: see RTA, s 15.
+Section 10(1) of the ''HRC'' does not apply where a tenant and landlord will share the use of any sleeping, bathroom or cooking facilities in the space. See ''HRC'' section 10(2)(a) for more information.
-== E. Foreign Students ==
+'''2. Adults Only'''
-Foreign students should consider how long they plan on studying before signing a fixed-term lease. Students should not sign a fixed-term tenancy that exceeds the time they plan to study. Signing a fixed-term tenancy that extends beyond one’s intended study period can put a tenant into breach, and may result in having to pay liquidated damages and/or any loss of rent incurred by the landlord.
+The section does not apply to rental spaces in residential buildings in which every unit is reserved for rental by people who have reached 55 years of age or by two or more people, at least one of whom has reached 55 years of age.
-Many foreign students have problems getting back their damage deposits, as some landlords take advantage of the fact the students will be returning overseas after their tenancy ends. As a result, students should make arrangements to appoint someone as their agent if they have to head overseas and have not received their deposits from their ex-landlords.
+'''3. Units Designed to Accommodate Disability'''
-Some foreign students take furnished rooms by paying “take-over fees” to purchase the furniture and continue the rental agreement. The initial tenancy agreement may have been “taken over” by a dozen students in a row, leading to confusion about who is entitled to the security deposit or the furniture.
+Section 10(1) does not apply as it relates to physical or mental disability if the space is a rental unit in residential premises, the unit and the residential premises are designed to accommodate persons with disabilities, and the unit is offered for rent exclusively to someone with a disability, or to 2 or more persons, at least one of whom has a physical or mental disability.
-{{LSLAP Manual Navbox|type=chapters15-22}}
+{{LSLAP Manual Navbox|type=chapters15-23}}