Difference between revisions of "Living in Peace When Renting"

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{{Tenant Survival Guide TOC}}
{{Tenant Survival Guide TOC}}
'''DO:''' check if your municipality has a “Standards of Maintenance” or “Good Neighbour” Bylaw. If so, you might be able to have a Bylaw Officer investigate your repair and maintenance concerns.  
''Do'' collect evidence if you suspect your landlord is entering your place illegally. Illegal entry can be difficult to prove in a dispute resolution hearing. ''Don't'' change your locks without your landlord's written permission or an order from the Residential Tenancy Branch, unless it's an emergency.


'''DO NOT:''' ignore any repair and maintenance issues you encounter. If the problem gets worse, you could be held responsible for at least some of the associated costs.
== Privacy in your home ==


==Landlord repair and maintenance responsibilities==
===When can a landlord enter?===


[[File:noisy neighbors.jpg | right | frame | link= ]]
You have the right to privacy in your home. In legal language, privacy is the right to "exclusive possession and quiet enjoyment." Your landlord is only allowed to enter your place under these circumstances:
*An emergency, like a fire or flood.
*Your landlord gives you between 24 hours and 30 days written notice, saying exactly what date and time they want to come in, and giving you a good reason.
*Your landlord knocks on your door and you say it’s okay to come in. But remember—you have the right to say no and ask for written notice.
*You tell your landlord they can come in for a certain reason.
*You live in a hotel that has a cleaning service. The cleaner must enter at a reasonable time.
*Your landlord has an order from the Residential Tenancy Branch to enter your suite.
*You have abandoned the place. (Phone the [http://www.clicklaw.bc.ca/helpmap/service/1085 Tenant Information Line] or the [[Residential Tenancy Branch]] for information on abandonment.)
*The ''Residential Tenancy Act'' allows the landlord to inspect the rental unit once a month as long as you are given the proper notice.  
 
''See sections 28 and 29 of the [[Residential Tenancy Act|RTA]].''
 
===Notice to enter===
 
Written notice to enter your place must be served in accordance with the ''Residential Tenancy Act.'' If the landlord puts the notice in your mailbox or mail slot it is not considered received until after three days from the day it was delivered. If it was mailed, then it is not considered received until after five days from when it was mailed. If you receive the notice in person then the notice period begins when the notice is handed to you. ''See section 88 of the [[Residential Tenancy Act|RTA]].''
 
===What hours can your landlord enter?===
 
Unless you agree to something else, your landlord can only come into your suite between the hours of 8 a.m. and 9 p.m.
 
===Illegal entries===


According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section32 section 32(1)] of the ''Residential Tenancy Act (RTA)'', rental properties must comply with health, safety, and housing standards required by law. Landlords are generally responsible for the following repair and maintenance issues:
If your landlord is entering your place illegally you should talk to the landlord about your privacy and write a letter. Tell the landlord that the law says you need at least 24 hours written notice of entry and only for purposes allowed by the ''Residential Tenancy Act''. Keep a copy of the letter. It is very important that you collect proof if you suspect that your landlord is entering your place illegally. This can be difficult. It is best to have a witness to the illegal entry.
* heating;
* plumbing;
* electricity;
* locks;
* light fixtures in common areas;
* walls, floors, and ceilings;
* fire doors and fire escapes;
* smoke detectors;
* intercoms;
* elevators;
* painting at reasonable intervals;
* routine yard maintenance, such as cutting grass and clearing snow, in multi-unit residential complexes;
* infestations and pests, such as bed bugs;
* serious mold issues; and
* anything included in your tenancy agreement, such as the:
** fridge
** stove
** laundry facilities
** security system
** furniture
** garage
** storage facilities


When something needs to be fixed in your rental unit, let your landlord know in writing as soon as possible. If you delay and the problem gets worse, you could be held responsible for at least some of the associated costs – even if the original problem was not your fault. For example, if you do not immediately report bed bugs and the infestation spreads, you may have to pay for at least some of the treatment.
===Dispute resolution for loss of privacy===


It is important to document the repair issue and your attempts to contact your landlord. If your landlord refuses to fix the problem, you will have to apply for dispute resolution through the Residential Tenancy Branch. Having evidence that shows the issue, and that you informed your landlord of the issue – such as letters, photos, videos, and witnesses – will increase your chances of obtaining an order requiring your landlord to make the repair. You can also apply for monetary compensation from your landlord for ignoring your request, as well as a rent reduction until the repair has been completed.
You can apply for [[Dispute Resolution for Tenants|dispute resolution]] if the landlord interferes with your right to privacy. The [[Residential Tenancy Branch]] can:
*Give you permission to change your locks and keep the only key. The RTB can also order the landlord to pay for the cost of the new lock.
*Allow the landlord to enter only under certain conditions.
*Order the landlord to pay you money for the loss of your privacy.


==Tenant repair and maintenance responsibilities==
== Noise and disturbances ==
[[File:noisy neighbors.jpg | right | frame | link= ]]
You also have the right to quiet enjoyment. This means that the landlord should not behave in a way that interferes with your daily use of your home, or allow other tenants or employees to unreasonably disturb you. Here are some examples of interference that could result in the loss of quiet enjoyment:
*the landlord constantly comes into your place, or
*the landlord allows other tenants to be very noisy late at night.


According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section32 section 32(2)] of the ''Residential Tenancy Act (RTA)'', you have a legal responsibility to maintain reasonable health, cleanliness, and sanitary standards in your rental unit. Tenants are generally responsible for the following repair and maintenance issues:
Write a letter telling the landlord about the behaviour that is disturbing you, and ask the landlord to stop it. Keep a copy of your letter. In some situations, you will want to call the police.
* reasonable maintenance of carpets during the tenancy;
* steam cleaning or shampooing the carpets at the end of tenancies lasting one year or longer;
* steam cleaning or shampooing the carpets at the end of tenancies of any length involving pets or smoking;
* cleaning marks on the walls;
* removal of garbage from the rental unit;
* replacing light bulbs;
* routine yard maintenance, such as cutting grass and clearing snow, if you have exclusive use of the yard;
* minor mold issues; and
* repairing excessive damage from nail holes.


See your tenancy agreement and Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf Policy Guideline 1] for more information.  
The ''Residential Tenancy Act'' does not specifically say anything about noise. If you are disturbed by noise from other tenants, call your municipality and ask if there is a noise bylaw. You can also call the police if there is party or loud music disturbing you.


'''Improving your rental unit:''' If you want to make changes to your rental unit, such as painting the walls, ask your landlord for written consent. Making changes without permission could result in you owing your landlord some money, or having to restore the unit back to its original condition before moving out.
If your landlord enters your place illegally, you can ask for a dispute resolution hearing. You will need proof of the illegal entry. For example, if a friend or neighbour saw your landlord making an illegal entry, ask them to be your witness. At the hearing, you can ask the arbitrator for permission to change your locks and keep the only key. You can also ask that the landlord pay for the new locks. The Residential Tenancy Branch may or may not order that the landlord pay.


'''Wear and tear:''' Even the most well-behaved and respectful tenants can live in rental units that start falling apart due to old age. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section32 section 32(4)] of the RTA, you are not responsible for wear and tear that results from reasonable use of your rental unit. However, there is a difference between “reasonable wear and tear” and “damage”. Reasonable wear and tear refers to deterioration due to aging or other natural forces. If you, your guests, or your pets cause damage beyond wear and tear, such as a broken window, you are responsible for that damage. Contact your landlord and work out a solution for how the repair will be completed. In most cases, your landlord will ask for money to hire a qualified professional. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf Policy Guideline 1] for more information.
===Protecting yourself from harassment===


==Emergency repairs==
Protect yourself from harassment:
*If you feel uncomfortable, don't let the manager or owner come into your home without proper written notice. Make sure they have a good reason for coming in. Phone the police if they force their way in.
*If the landlord or manager yells at you, end the conversation immediately and follow up with a letter. Do not allow yourself to get into verbal confrontations with the manager or landlord.
*Any time your landlord scares or insults you, write down the time, date, and exactly what happened. If you can, find witnesses who saw or heard the harassment.
*If you have a problem with harassment, try to have a witness whenever you are dealing with the landlord or manager in person.
*If you are harassed by a manager, write a letter to the owner and describe the problem. Keep a copy for yourself.


For a repair to be considered an “emergency” as defined by [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''Residential Tenancy Act (RTA)'', it must be all three of the following:
===Dispute resolution for loss of quiet enjoyment===
# urgent;
# necessary for the health or safety of people or property; and
# made for the purpose of repairing one of the following:
#* major leaks in pipes or the roof
#* damaged or blocked water or sewer pipes or plumbing fixtures
#* the primary heating system
#* damaged or defective locks that give access to a rental unit
#* the electrical systems


Your landlord is required to give you an emergency contact number in writing, or post it in a common area of your building. If your situation meets the ''RTA'' definition of an “emergency”, try calling the emergency contact number at least twice, leaving a reasonable amount of time in between each attempt.
You can apply for a dispute resolution hearing at the Residential Tenancy Branch if you want compensation for the loss of your quiet enjoyment. You can apply for compensation while you are living in your place, or up to two years after you move out.


If you are unable to reach the emergency contact person, you have the right to cover the cost of the repair and ask your landlord to pay you back. If you choose this option, do your best to find a fair price by researching multiple companies. To reduce the chances of a future dispute with your landlord, make sure to keep copies of your research efforts, receipts, and related written communication.
The RTB can order your landlord to pay you money for the loss of your quiet enjoyment. For example, you can claim for part of your rent back for the time that you lived with the interference. You can also claim for aggravated damages if the behaviour was severe and the landlord allowed it to continue.


'''Dispute resolution:''' Taking on emergency repairs can be complicated and expensive. If you do not have the money or time to deal with the repairs yourself, or you are worried that you may not follow the proper steps, apply for dispute resolution to request an emergency repair order. The Residential Tenancy Branch considers emergency repairs a top priority when scheduling hearings.
You will need to bring evidence of the behaviour that resulted in the loss of your quiet enjoyment. You can use friends and neighbours as witnesses. You can also use letters that you wrote to the landlord, audio and videotapes, and photographs. You need to be able to show that the landlord was aware of the problem and chose not to do anything about it.


==Standards of Maintenance==
===Caution!===


The ''Residential Tenancy Act (RTA)'' is the most important law for you to understand, but it is not the only law that applies to tenants and landlords in BC. This is especially true when it comes to repairing and maintaining rental properties. Although the ''RTA'' states in general terms that landlords must comply with health, safety, and housing standards required by law, it does not do a good job of explaining what that means.
The law does not allow you to stop paying your rent because you have a problem with the landlord or other tenants. Apply for dispute resolution instead. Give proper written notice if you decide to move out. If you don’t, you might have to pay money to the landlord.


For a more detailed description of your landlord’s legal responsibility to repair and maintain your rental property, you will need to research one of your City’s bylaws – usually referred to as a “Standards of Maintenance” or “Good Neighbour” bylaw. These local laws go into greater detail than the ''RTA'' on heating systems, hot water, infestations, exterior walls, roofing, elevators, fire escapes, etc. If your landlord is refusing to make certain repairs, your City might be willing to send a Bylaw Officer to inspect your property, issue warnings and fines to your landlord, or otherwise enforce the bylaw. Alternatively, the bylaw could be used as evidence for a repair order at a Residential Tenancy Branch (RTB) dispute resolution hearing.
== Locks and access ==


Unfortunately, not all Cities have Standards of Maintenance / Good Neighbour bylaws, and some City bylaws are better than others. For a list of such bylaws from around the province, visit TRAC’s webpage on [https://tenants.bc.ca/repairs-and-maintenance Repairs and Maintenance].  
You or your landlord can’t change the lock on your door or to the building unless you both agree it is okay. In an emergency like a break-in, your landlord can change the lock. They must give you the new key right away.


'''Illegal Secondary Suites:''' If your City finds out that you live in an illegal secondary suite, they could force your landlord to evict you by using a One Month Eviction Notice for Cause under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47(1)(k)] of the ''RTA''. For this reason, if your landlord refuses to make repairs to your illegal suite, your safest legal option may be to apply for a repair order through the RTB. Illegal secondary suites are covered under the ''RTA'' and the RTB will not inform your City that you are living in one.
===New lock on moving in===


==Services and facilities==
When you move into a place, you can ask the landlord to re-key or change the locks, if they haven’t already done so, to prevent former tenants or others with a key from coming into your home. You should write a letter to ask for the change of locks. If your landlord refuses, you can apply to have an order from the Residential Tenancy Branch that the landlord change the locks. ''See section 25 of the [[Residential Tenancy Act|RTA]].''


===Essential services and facilities===
===Lockout===


Your landlord cannot reduce or restrict any service or facility that is essential and necessary to your rental unit and, if taken away, would make it impossible or impractical for you to live there. An example of an essential service may be an elevator in a multi-storey apartment building. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section27 section 27(1)] of the ''Residential Tenancy Act (RTA)'' and Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl22.pdf Policy Guideline 22] for more information.
The landlord can’t change the locks because you haven't paid the rent. If your landlord locks you out, you can call the Residential Tenancy Branch and ask for an intervention, which is when an information officer calls your landlord to explain when something is illegal. If the intervention does not work you can apply for a dispute resolution hearing and ask for an order that will give you back possession of your place. You can also ask for money back for the time you were locked out.


If you have a problem with an essential service or facility, ask your landlord in writing to correct the situation. If that does not work, apply for dispute resolution for an order requiring your landlord to restore the essential service or facility. You can also apply for monetary compensation from your landlord for ignoring your request, as well as a rent reduction until the service or facility has been restored.
===Changing locks===


Alternatively, if the issue meets the ''RTA definition'' of “emergency repair” – for example, the primary heating system breaks during the winter – you can consider following the emergency repair procedures described in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''RTA''.
In an emergency, you have the right to change your locks as an emergency repair. For example, you may have a break-in, or the locks may have been broken when you moved in. You can take the money you spent on the lock off your next month's rent if you have followed all the rules about emergency repairs. See the section on [[Repairs and Services When Renting#Emergency repairs|Emergency repairs]].  


===Non-essential services and facilities===
You might like to change your locks for personal reasons. In this case, you need the permission of the landlord. Make sure you get it in writing. You can also change your locks if an RTB arbitrator gives you permission.


Your landlord has the option to reduce or restrict non-essential services or facilities, but only if they provide 30 days written notice on an approved form and reduce your monthly rent by an amount equal to the value of the service or facility. For example, if internet was always provided as part of your tenancy agreement but has now been cancelled by your landlord, your rent should be reduced by the cost of a comparable internet package. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section27 section 27(2)] of the ''RTA'' for more information.
== Guests ==


If your landlord reduces or restricts a non-essential service or facility without providing 30 days written notice and a rent reduction, do not withhold rent. Instead, you will have to resolve the problem by writing your landlord and explaining the law, or applying for dispute resolution for an order that they comply with your tenancy agreement.
It is your home and you have the right to have guests. Your landlord can't ask you to pay extra rent because of your guests. However, your landlord might object if your guests stay too long and appear to be living with you. You should check your tenancy agreement to see if it has a clause about the number of occupants allowed under the agreement. Some agreements say that a guest who stays longer than two weeks is no longer a guest but an additional occupant. The landlord might then want to raise your rent because of the additional occupant or may say that you are breaching your tenancy agreement. Tenants in subsidized housing, for example, often have agreements that limit how many days a guest can stay overnight in a year and could risk losing their subsidy if it appears there is an additional person living with them.


==Legislation and links==
==Legislation and links==

Revision as of 23:37, 11 December 2018

Tenant Survival Guide
Tenantsurvivalguidecover.jpg
This page is from the
Tenant Survival Guide.
See the full contents.
Contents
Introduction
Preparing to Rent
Finding Rental Housing
Entering a Tenancy
Moving In
Rent
Living in Peace
Repairs and Services
Evictions
Moving Out
Dispute Resolution
Other Resources for Tenants
From
This wikibook is from
Tenant Resource & Advisory Centre
Tenant Resource & Advisory Centre
v • d • e

Do collect evidence if you suspect your landlord is entering your place illegally. Illegal entry can be difficult to prove in a dispute resolution hearing. Don't change your locks without your landlord's written permission or an order from the Residential Tenancy Branch, unless it's an emergency.

Privacy in your home

When can a landlord enter?

You have the right to privacy in your home. In legal language, privacy is the right to "exclusive possession and quiet enjoyment." Your landlord is only allowed to enter your place under these circumstances:

  • An emergency, like a fire or flood.
  • Your landlord gives you between 24 hours and 30 days written notice, saying exactly what date and time they want to come in, and giving you a good reason.
  • Your landlord knocks on your door and you say it’s okay to come in. But remember—you have the right to say no and ask for written notice.
  • You tell your landlord they can come in for a certain reason.
  • You live in a hotel that has a cleaning service. The cleaner must enter at a reasonable time.
  • Your landlord has an order from the Residential Tenancy Branch to enter your suite.
  • You have abandoned the place. (Phone the Tenant Information Line or the Residential Tenancy Branch for information on abandonment.)
  • The Residential Tenancy Act allows the landlord to inspect the rental unit once a month as long as you are given the proper notice.

See sections 28 and 29 of the RTA.

Notice to enter

Written notice to enter your place must be served in accordance with the Residential Tenancy Act. If the landlord puts the notice in your mailbox or mail slot it is not considered received until after three days from the day it was delivered. If it was mailed, then it is not considered received until after five days from when it was mailed. If you receive the notice in person then the notice period begins when the notice is handed to you. See section 88 of the RTA.

What hours can your landlord enter?

Unless you agree to something else, your landlord can only come into your suite between the hours of 8 a.m. and 9 p.m.

Illegal entries

If your landlord is entering your place illegally you should talk to the landlord about your privacy and write a letter. Tell the landlord that the law says you need at least 24 hours written notice of entry and only for purposes allowed by the Residential Tenancy Act. Keep a copy of the letter. It is very important that you collect proof if you suspect that your landlord is entering your place illegally. This can be difficult. It is best to have a witness to the illegal entry.

Dispute resolution for loss of privacy

You can apply for dispute resolution if the landlord interferes with your right to privacy. The Residential Tenancy Branch can:

  • Give you permission to change your locks and keep the only key. The RTB can also order the landlord to pay for the cost of the new lock.
  • Allow the landlord to enter only under certain conditions.
  • Order the landlord to pay you money for the loss of your privacy.

Noise and disturbances

Noisy neighbors.jpg

You also have the right to quiet enjoyment. This means that the landlord should not behave in a way that interferes with your daily use of your home, or allow other tenants or employees to unreasonably disturb you. Here are some examples of interference that could result in the loss of quiet enjoyment:

  • the landlord constantly comes into your place, or
  • the landlord allows other tenants to be very noisy late at night.

Write a letter telling the landlord about the behaviour that is disturbing you, and ask the landlord to stop it. Keep a copy of your letter. In some situations, you will want to call the police.

The Residential Tenancy Act does not specifically say anything about noise. If you are disturbed by noise from other tenants, call your municipality and ask if there is a noise bylaw. You can also call the police if there is party or loud music disturbing you.

If your landlord enters your place illegally, you can ask for a dispute resolution hearing. You will need proof of the illegal entry. For example, if a friend or neighbour saw your landlord making an illegal entry, ask them to be your witness. At the hearing, you can ask the arbitrator for permission to change your locks and keep the only key. You can also ask that the landlord pay for the new locks. The Residential Tenancy Branch may or may not order that the landlord pay.

Protecting yourself from harassment

Protect yourself from harassment:

  • If you feel uncomfortable, don't let the manager or owner come into your home without proper written notice. Make sure they have a good reason for coming in. Phone the police if they force their way in.
  • If the landlord or manager yells at you, end the conversation immediately and follow up with a letter. Do not allow yourself to get into verbal confrontations with the manager or landlord.
  • Any time your landlord scares or insults you, write down the time, date, and exactly what happened. If you can, find witnesses who saw or heard the harassment.
  • If you have a problem with harassment, try to have a witness whenever you are dealing with the landlord or manager in person.
  • If you are harassed by a manager, write a letter to the owner and describe the problem. Keep a copy for yourself.

Dispute resolution for loss of quiet enjoyment

You can apply for a dispute resolution hearing at the Residential Tenancy Branch if you want compensation for the loss of your quiet enjoyment. You can apply for compensation while you are living in your place, or up to two years after you move out.

The RTB can order your landlord to pay you money for the loss of your quiet enjoyment. For example, you can claim for part of your rent back for the time that you lived with the interference. You can also claim for aggravated damages if the behaviour was severe and the landlord allowed it to continue.

You will need to bring evidence of the behaviour that resulted in the loss of your quiet enjoyment. You can use friends and neighbours as witnesses. You can also use letters that you wrote to the landlord, audio and videotapes, and photographs. You need to be able to show that the landlord was aware of the problem and chose not to do anything about it.

Caution!

The law does not allow you to stop paying your rent because you have a problem with the landlord or other tenants. Apply for dispute resolution instead. Give proper written notice if you decide to move out. If you don’t, you might have to pay money to the landlord.

Locks and access

You or your landlord can’t change the lock on your door or to the building unless you both agree it is okay. In an emergency like a break-in, your landlord can change the lock. They must give you the new key right away.

New lock on moving in

When you move into a place, you can ask the landlord to re-key or change the locks, if they haven’t already done so, to prevent former tenants or others with a key from coming into your home. You should write a letter to ask for the change of locks. If your landlord refuses, you can apply to have an order from the Residential Tenancy Branch that the landlord change the locks. See section 25 of the RTA.

Lockout

The landlord can’t change the locks because you haven't paid the rent. If your landlord locks you out, you can call the Residential Tenancy Branch and ask for an intervention, which is when an information officer calls your landlord to explain when something is illegal. If the intervention does not work you can apply for a dispute resolution hearing and ask for an order that will give you back possession of your place. You can also ask for money back for the time you were locked out.

Changing locks

In an emergency, you have the right to change your locks as an emergency repair. For example, you may have a break-in, or the locks may have been broken when you moved in. You can take the money you spent on the lock off your next month's rent if you have followed all the rules about emergency repairs. See the section on Emergency repairs.

You might like to change your locks for personal reasons. In this case, you need the permission of the landlord. Make sure you get it in writing. You can also change your locks if an RTB arbitrator gives you permission.

Guests

It is your home and you have the right to have guests. Your landlord can't ask you to pay extra rent because of your guests. However, your landlord might object if your guests stay too long and appear to be living with you. You should check your tenancy agreement to see if it has a clause about the number of occupants allowed under the agreement. Some agreements say that a guest who stays longer than two weeks is no longer a guest but an additional occupant. The landlord might then want to raise your rent because of the additional occupant or may say that you are breaching your tenancy agreement. Tenants in subsidized housing, for example, often have agreements that limit how many days a guest can stay overnight in a year and could risk losing their subsidy if it appears there is an additional person living with them.

Legislation and links

Legislation

Links

Resources and forms

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Tenant Resource & Advisory Centre, 2012.


v • d • e
Introduction
Preparing to Rent
Finding Rental Housing
Entering a Tenancy
Moving In
Rent
Living in Peace When Renting
Repairs and Services
Evictions
Moving Out
Dispute Resolution
Other Resources for Tenants
Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada LicenceTenant Survival Guide © TRAC Tenant Resource & Advisory Centre is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.
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