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Difference between revisions of "Moving Out When Renting"
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Moving Out When Renting (view source)
Revision as of 18:15, 24 January 2014
, 18:15, 24 January 2014→When problems are so serious you can’t stay
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Under serious circumstances you can move with short notice because the landlord has breached a material term in your tenancy agreement. You must first give your landlord written notice of the breach and an opportunity to do something about it. Then if the landlord does not do anything about the problem you can end your tenancy ''(see Section 45(3) and 52 of the [[Residential Tenancy Act|RTA]]).'' Keep in mind that the Residential Tenancy Act does not define “material term” because a term could be material in one agreement and not another. If you end your agreement because you say the landlord breached a material term, you need to be prepared to convince an RTB dispute resolution officer that as a result of the breach the tenancy could no longer continue. Call the [http://www.tenants.bc.ca/main/?home Tenant Information Line] or the [[Residential Tenancy Branch]] for more information. | Under serious circumstances you can move with short notice because the landlord has breached a material term in your tenancy agreement. You must first give your landlord written notice of the breach and an opportunity to do something about it. Then if the landlord does not do anything about the problem you can end your tenancy ''(see Section 45(3) and 52 of the [[Residential Tenancy Act|RTA]]).'' Keep in mind that the Residential Tenancy Act does not define “material term” because a term could be material in one agreement and not another. If you end your agreement because you say the landlord breached a material term, you need to be prepared to convince an RTB dispute resolution officer that as a result of the breach the tenancy could no longer continue. Call the [http://www.tenants.bc.ca/main/?home Tenant Information Line] or the [[Residential Tenancy Branch]] for more information. | ||
== Cleaning and move-out inspection == | |||
You must leave your place clean when you move out. You are responsible for the cost of repairing damage caused by you or your guests. The landlord is responsible for normal wear-and-tear. If something wears out over months or years of normal use, you may not have to pay for it. Usually, you don’t have to paint walls even if there are small nail holes. You might have to clean your carpets or drapes, depending on how long you have lived there and whether you had pets or smoked in the place. You are responsible | |||
for any damage that has occurred since you did your move-in inspection report. | |||
===If you didn’t do a move-in inspection=== | |||
If you moved into your place, or began keeping a pet, after January 1, 2004, you and your landlord should have completed a condition inspection report. However, even if you moved in before this date you have to do an inspection report when you move out. While you won’t have a movein report to compare your move-out report to, at least you and the landlord will have documented the condition ofthe place in case you need to go to dispute resolution. You do not have to agree with the landlord on the report, but | |||
you must still participate. | |||
===Getting your security deposit back=== | |||
You have the right to get your full security and pet damage deposit back, unless there is damage, you didn’t participate in the condition inspection reports, you owe rent or utility payments, or you left the place dirty. You must provide your landlord with a forwarding address where your deposit can be sent to. You cannot use your deposit to pay part of the last month’s rent, unless the landlord agrees in writing. See section on [[Deposits and Additional Fees]]. | |||
===When the landlord owes you more than the deposit=== | |||
If you want to claim money that you feel the landlord owes you in addition to your deposit, you can apply for dispute resolution at the Residential Tenancy Branch. For example, you can make a claim for compensation for the time that you lived with a serious repair problem, although you should have evidence of the problem and copies of letters asking the landlord to deal with it. | |||
===Landlord’s claim=== | |||
The landlord can apply for dispute resolution to claim money from the deposit for things like cleaning, damage or unpaid rent and utilities. The landlord must give you notice of the dispute resolution hearing, so you can go and tell your side of the story. The landlord has two years from the date you moved out to make a monetary claim against you. | |||
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2012}} | |||
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