Entering a Tenancy

Protect Yourself

The Residential Tenancy Act requires that your landlord provide you with a written tenancy agreement. The reason for this is that when an agreement is written, you have proof of what you and your landlord agreed to. This proof can come in handy if you have problems later on. Tenancy agreements tend to protect landlord’s interests, but may not protect yours. Before signing make sure you can live with the terms of the agreement.

Understand your agreement

Make sure you understand what you are agreeing to. Read every word carefully, or have someone help you read the agreement. Do not sign the agreement until you are sure about what it says.

Get everything in writing. If your landlord agrees to clean or do repairs before you move in, write this in the agreement. If you add or change anything in the agreement, both you and your landlord should write your initials beside every change.

Ask your landlord to cross off any parts of the agreement you want changed. For example, if the agreement says “no pets allowed” but your landlord says you can keep your dog, change that section or cross it off. Both you and the landlord should write your initials beside the change.

Get a copy of the signed agreement and keep it in a safe place. If the landlord breaks a promise, it will be hard for you to prove anything without your own copy.

Get your landlord’s name, address and phone number. You need to know with whom you are dealing. Get the name and phone number of the manager or agent you talk with, too. If a landlord or property manager does notwant to provide this information, you should reconsider renting from them.

Utlilities

Make sure you know what your rent includes. Does it include parking, cablevision, heat, and light? Or do you have to pay for these things separately? Is this written down in the agreement?

Do not agree to put utilities for units other than yours in your own name. You should not be made responsible for collecting money from tenants in other units. Insist that the bills for shared utilities, like gas and hydro, are put in the landlord’s name.

If you live in a house with more than one unit where the utilities for the whole house are shared between the units, make sure your agreement specifies how many other people are living in the house and what your portion of the utilities are. For example, if additional tenants move into a suite with which you share utilities, your portion of the bill could also increase if you only agreed to pay a percentage of the total cost.

Your copy of the agreement

Legally the landlord must give you a copy of the tenancy agreement no later than 21 days after you sign it. Insist on receiving a copy as soon as possible after it is signed.

Verbal agreements While the landlord is required to provide a written tenancy agreement with you when you move in, the law still protects you even if you only have a verbal agreement. Furthermore, if you didn’t have a written agreement to begin with you do not have to sign one later on if the landlord tries to change terms that you agreed to verbally.

New landlord If you get a new landlord, the rules in your old agreement will stay the same. A new landlord can’t make you sign a new agreement. For example, if your place is sold the new owner would have to follow the same rules about rent increases as if your landlord had never changed.

Terms in the agreement

Some things are automatically included in every tenancy agreement, like hot water and locks on the doors. These are basic rights for every tenant. Even if these things are not listed in your agreement, you still have a right to them. Other things are “extras”, like laundry facilities or a parking space. A tenancy agreement includes the things the landlord agrees to provide. It also lists the rules you agree to,like where you can store things.

Be sure to get the “extras” in writing. Your landlord can’t change your tenancy agreement unless you both agree. For example, your landlord can’t make you start paying for heat if that was not part of your original agreement.

The Residential Tenancy Act allows landlords to take away or restrict certain services if you are compensated with a rent reduction and if the services are not essential to your tenancy. Therefore, it is important to make sure your agreement states everything that is included in your tenancy agreement. See Sections 14 and 27 of the RTA.

Illegal parts of a tenancy agreement

There are some things a landlord can’t put in a tenancy agreement because they are illegal. For example, your agreement might say, “the landlord may enter your suite at any time.” This is illegal. The law sets strict limits on when your landlord can come in, and this cannot be changed by the tenancy agreement. Your landlord cannot make you agree to terms that give up your protections under the Residential Tenancy Act.

Pets

In BC, there is no law that allows tenants to have a pet. In fact, the Residential Tenancy Act explicitly gives landlords the right to refuse pets, or to charge an extra deposit for accepting pets. In order to keep a pet you need to have a term in your tenancy agreement that allows you to keep a pet. If your tenancy agreement doesn’t allow pets, and you get one anyway, your landlord can tell you to remove it. If you don't, the landlord might give you an eviction notice. See Sections 18 of the RTA.

Guide dogs

If you have an assistance animal covered by the Guide Animal Act your landlord has to accept it. You must not be charged a pet deposit for an animal covered by the Guide Animal Act.

Leases (fixed-term tenancies)

You may agree to rent a place for a certain length of time, like six months or one year. This is called a lease, or a fixed term tenancy agreement. Leases are often good for landlords, but not always good for tenants. However, a lease can protect you from eviction in some cases (like if the landlord wants to move into your suite or sell it).

Don’t sign a lease unless you are sure you want to live in the place. You can’t break a lease because you didn't do a careful enough inspection of the suite before you moved in, and decide after moving in that you don't like it.

There may be parts of the lease that allow the landlord to break the lease and force you to move. This helps the landlord, but does not help you at all. Read the lease very carefully.

Breaking a lease

If you need to break a lease, be aware that you may have to pay rent until your landlord rents the place out to someone else or until the term of your lease is over. This is what a lease means whether it is stated explicitly in the agreement or not. Many leases say that you have to pay a certain amount of money in order to get out of the lease. The amount charged to you cannot be charged as a penalty, but instead is meant to cover the landlord’s cost of re-renting the place. This amount is called “liquidated damages”. A landlord cannot say that you will lose your damage deposit if you break your lease unless it is a reasonable estimate of what it will cost the landlord to re-rent the place.

There are two kinds of leases:

• A lease that says you must move out at the end of the lease. You can only stay if you sign a new agreement with the landlord. Be careful! The new agreement does not have to contain the same terms because it is, in effect, a new tenancy. Also, rent can start at any amount because it is a new agreement.

• A lease that says you must stay for a certain length of time, but doesn't say when you must move out. This type of lease is better for tenants. With this type of lease, if you want to stay on after the lease ends and rent month-to-month you do not have to sign a newagreement. If you want to move on the date that your lease expires, you must give a full month's notice in writing to your landlord.

If you get a new landlord

If your place is sold, the new landlord can’t make you a sign a new lease, or change the rules in your agreement. The new landlord also can’t evict you for landlord use until the fixed term lease expires.

Changing agreements

If your landlord gives you a new agreement when you are already living in a place, you don’t have to sign it if you have a month-to-month tenancy or a lease that goes month-tomonth at the end of the term of the lease. However, you would have to sign a new agreement if you have a fixed term lease that ends on a certain date with the stipulation that you have to move out at the end of the term. It’s best to avoid fixed term agreements with a move out date because the landlord may change the terms or raise the rent if you want to sign a new agreement and stay.

Deposits and paying rent

Security deposit and pet damage deposit

A landlord can ask you for a security deposit (also called a damage deposit) of a half month’s rent to cover the cost of damage you do or rent you do not pay. A landlord can also ask you for a pet damage deposit of a half month’s rent to cover any damage done by your pet. See the section on Security Deposits and Additional Fees.

Changing your mind

Don’t pay any money unless you are sure that you want the place. Don't sign anything and don’t give any money to the landlord until all of your questions are answered. If you pay a deposit and then change your mind, you might not be able to get your money back. If the landlord can’t rent the place to someone else, they might try to make you pay the month’s rent.

Application deposits

Some landlords are asking tenants to pay a deposit when they apply to rent a place. The application says that the deposit will be put towards the security deposit or the first month’s rent if the tenant is accepted. This is illegal. Landlords cannot collect application fees, or collect deposits except at the time a tenancy agreement has been entered into. Some tenants who have paid these illegal application deposits have found it difficult to get their money back. You may want to reconsider renting from a landlord who would charge an illegal application “deposit”. See the section on Security Deposits and Additional Fees.

Paying rent

Rent is due on the first day of the month, unless you have a different agreement with your landlord. It is your responsibility to make sure your landlord gets the rent on time each month. If you don't pay the full rent on the due date, the landlord can try to evict you. See the section on Evictions.

When you pay rent:

• Pay by cheque or money order if you can.
• The law requires that the landlord give you a receipt if you pay in cash, but you need to make sure you get it. If you pay cash and don’t get a receipt, you have no proof that you paid rent to the landlord.
• If the landlord won’t sign a receipt, ask a friend or neighbour watch you count the money over to the landlord. They can be your witness if the landlord says you didn’t pay.
• Keep your receipts and cancelled cheques in a safe place. You might need them later.
• If you refuse to move in because the place is dirty or needs repairs, you may lose your money. If you gave the landlord a security deposit of one half month's rent, you may have to pay more. The landlord can take you to dispute resolution to get the rent.

(1) Information which establishes or tends to establish the truth of a fact, or (2) the conclusion of a logical argument. See "evidence" and "premises."

In law, someone acting on behalf of someone else, with that person's express permission and normally at their express direction.

Something which can be owned. See "chattels" and "real property."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

An agreement that requires payment for the use of property, under which the owner of property, like a car or an apartment, gives up the right to occupy and use that property in exchange for a sum of money. A "lessor" is the person who retains ownership of the property and receives money for its use. A "lessee" is the person who purchases the right of possession and use of the property.

An award of money payable by one party to a court proceeding to another, usually as compensation for loss or harm suffered as a result of the other party’s actions or omissions. In family law, damages are usually awarded to one party in compensation for breach of contract or spousal abuse. See "breach of contract" and "tort."

A person with direct, personal knowledge of facts and events relevant to the issues before the court; a person giving oral evidence in court on oath or affirmation as to the truth of the evidence given. See "affirm," "evidence," "oath" and "opinion evidence."

Processes used to resolve legal disputes, including negotiation, collaborative settlement processes, mediation, arbitration and litigation.