== A. Protecting Premises and Persons Subject to the Tenant RTA==1. Effective Date==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.

A third party should accompany ==2. No Contracting Out==An agreement, or a potential tenant during a rental unit showingterm in an agreement, so there which purports to exclude the application of the RTA is of no effect. Where a witness as to term in an agreement conflicts with the landlord’s representations made during RTA or the showingResidential Tenancy Regulations, the term is void. Important: '''Get the landlord’s promises in writing if possible'''Essentially, but note that neither landlords are '''not''' obligated to provide them in writingnor tenants can contract away rights legislated under the RTA.

After establishing the tenancy and before the tenant moves their personal possessions into the rental unit==3. Crown==Generally, the RTA requires the landlord and tenant applies to jointly conduct a condition inspection and fill out and sign the RTB’s Condition Inspection Report. The condition inspection should focus on verifying that the plumbing, electrical and appliances work; mould, and water marks are identified; and all telephone, cable and internet connections are present and functional. The tenant should 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 daysCrown.

Fees for cable and internet should be negotiated before ==4. Infants==Tenancy agreements entered into by persons under the tenancy commences, and included in age of 19 are enforceable under s 3 of the Tenancy AgreementRTA.

The Residential Tenancy Branch provides ==5. Hotel Tenants and Landlords==Hotel tenants are fully covered by the RTA if the hotel is the tenants’ primary residence. There are a fillable few rules that apply only to hotel tenants and printable [http://www.rto.gov.bc.ca/documents/RTB-1.pdf Tenancy Agreement]. TRAC’s website has more information as well as translations of the Tenancy Agreement forms into Punjabilandlords, and Simplified and Traditional Chinese at httpnamely://www.tenants.bc.ca/other-languages.

The “leasehold” or tenancy interest is an estate *s 59(a bundle of property rights6) of limited duration, which is created and acquired by the “tenant” when permits an individual occupying a person capable of granting that interest does so. Such room in a person (usually called the owner or landlord) conveys residential hotel to apply to an Arbitrator, without notice to the tenant the right of “exclusive possession”. The interest any other party, for an interim order stating that the landlord retains is called the “reversion”, and full possession reverts back RTA applies to the landlord on the termination of the tenancythat living accommodation.

The landlord can sell his or her reversion See Policy Guideline 9: Tenancy Agreements and Licences 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)Occupy.

==6. Subsidized Housing== 1Persons living in publicly subsidized housing paying rent on a scale geared to their income are excluded from the rent increase provisions. Two Methods They are also excluded from s 34 of Creating the RTA, which deals with assignment and subletting. Not all subsidized housing is directly operated by the B.C. Housing Corporation. For a Tenancy Relationship ===list of subsidized housing options, visit www.bchousing.org/Options/Subsidized_Housing/Listings

=B. Excluded Premises and Agreements=== a) By Formal Contract ==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 interest is granted by 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 contract known as rental unit. Each landlord must prepare a written tenancy agreement or leasethat complies with the RTA. Often However, even if the parties will enter into an express landlord does not prepare such a written tenancy agreement (see [[{{PAGENAME}}#C. Contractual Nature , the tenant is still protected by all of the standard terms contained in the Residential Tenancy Agreement | Section IIIRegulation.C: Contractual Nature It also does not apply to living accommodations in which the tenant shares bathroom or kitchen facilities with the owner of the Tenancy Agreement]])accommodation. The executed tenancy agreement governing the tenant’s possession question may be writtenarise as to whether or not a person living in a rental unit is a tenant, a co-tenant, a tenant in common or oralan occupant. Residential Tenancy Policy Guideline 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 both (see not the s 1 definition occupant has exclusive possession of “tenancy agreement”). To be enforceablethe rental unit, taking into account the elements facts of each case and the intention of the parties. When a complete contract (offerperson shares a residence with the owner, acceptance, and consideration) must be present (see [[Chapter 9factors indicating a license include: Consumer Protection]]).

==== b*sharing a kitchen or bathroom with the owner (this refers to the owner of the building, not the owner’s agent) By Implied Contract ====(s 4);

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 absence of a valid tenancy agreement (see [[{{PAGENAME}}#2. Terms, Covenants, and Conditions | 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: *i) there is no written tenancy agreement; *ii) a previously existing agreement has expired or terminated; or *iii) there was no previous agreement of any kind.

If *the person in possession pays rent or a deposit and the landlord accepts the payment with the intention provision of creating a tenancy, an agreement is created. meals;

An agreement or circumstances may create something other than a tenancy. A person may be a tenant at will, a tenant *no locks on sufferance, a licensee, or a mere occupant. the doors;

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. security deposit;

==== *the facility is part of a) Essential Elements of special program and the Agreement ====housing is temporary in nature.

A landlord must prepare in writing every The determination of whether there is a tenancy agreement entered into depends on or after January 1, 2004 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 (RTAi.e. be evicted) without specific reason, s 13but the licensor must give reasonable notice (1)written or verbal). This can be as short as a few days. Over two weeks or a month is almost always reasonable.A tenancy agreement must comply with any requirements prescribed in person who has had his or her personal property seized should consider taking the regulations position that he or she is a tenant and must set out all apply to the Residential Tenancy Branch for dispute resolution seeking an order for return of personal property. If the Arbitrator finds that the requirements in RTA s 13(2)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. These requirements are available at A licensee not covered by the RTA may have a remedy under the UBC Law Librarycommon law, in the LSLAP resource filesHotel Keeper Act, RSBC 1996, c 206, or on the RTB website (see contact information in [[Introduction to Landlord and Tenant Law Commercial Tenancy Act, RSBC 1996, c 57 (19:I)#b) Resources and Policy Guidelines | Section I.B.1.b: Resources and Policy Guidelines]]under which “tenant” is defined as including “occupant”), or the regulations authorized by these statutes.

Where these elements are absent, vagueIf the licensee has been locked out or has had goods seized without notice, he or unclear, the agreement may be void (as she could ask a result, no interest would be created). However, if police officer for assistance or sue in Small Claims Court for an order for the tenant is in possession return of goods and has paid money (i/or monetary compensation.e. rent) then there is a tenancy agreement. If The Hotel Keeper Act provides that a tenancy hotel keeper has been created the right to distrain (i.e. the tenant has possession and is paying rentright to seize belongings without first getting a court order), any vague terms of the tenancy agreement can be framed in the tenant’s favour using the principle occupant’s belongings for non-payment of ''contra proferentem'' (irent.e. the agreement will be strictly construed against the party seeking to rely on the contract)See also local health, safety, fire, and perhaps even principles of statutory interpretation. The law seeks to recognize and validate the relationship where possiblelodging house bylaws, even where the requirement which may give some protection to have a written tenancy agreement has not been methotel keepers.

=== 42. Agreements for Lease (Also Known as Agreements to Lease, or Agreements for Tenancy) ===Non-Profit Housing Co-Operatives

“Agreements for tenancy” are executory contracts in which Residential premises where a non-profit housing cooperative is the lessor promises that he or she “landlord” and the lessee will enter into a written tenancy agreement at a later date. For an executory contract to have effect, generally member is the agreement must be in writing and must contain “tenant” are excluded from the essential elements application of a lease. While the law states that RTA; instead, the co-op relationship is governed by the agreement must be in writingCooperative Association Act , SBC 1999, c 28 (see RTA, s 4(a), this requirement is not always enforcedand Burquitlam Cooperative Housing Assoc. Consequently oral agreements may be considered validv Romund (1976), 1 BCLR 229 (Co Ct)). Also, Where the payment person paying rent is not a member of money may point to the fact that cooperative, and the cooperative or a contract has been entered into. It should cooperative member is the landlord, those rental units may be noted that since this is simply an agreement subject to agree, the RTA does not yet apply. At this point, any money paid is if the arrangement appears to fit the definition of a processing fee, holding deposittenancy, or administration fee. Section 15 of the RTA prohibits fees as opposed to consider or process an application for tenancya license.

If the money paid is part payment of rent or the security deposit (as distinct from a processing fee, holding deposit or administration fee), it is important to clearly identify that on the receipt More information can be found at the time website of payment (see definition of a security deposit). Until the tenant comes into possession, he or she has only a contractual interest, which applies only to “tenancy agreements”. Thus, failure to give the tenant possession is a breach Co-operative Housing Federation of contract and not a violation of a property interest or breach of a tenancy covenantBC at www. When the tenant acquires possession, the agreement for lease is treated as a lease agreement, and the court may order the lessor to execute a lease (specific performance): see ''Horse and Carriage Inn Ltd. vchf. Baron'', [1975] 53 DLR (3d) 426 (BCSC)bc. Recording the initial exchange of money as “rent”or as “security deposit” is important to create a basic tenancy agreement in situations where there is only an “agreement to agree” in place, and where the tenant is not yet in possession of the rental unitca.

== C3. Contractual Nature Strata Lots==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 Tenancy Agreement ==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.

==4. Twenty-Year Term= 1. Freedom =Section 4(i) of Contract and the Agreement ===RTA provides that the RTA does not apply to a tenancy agreement for a term of over 20 years.

Throughout the establishment and duration of the agreement, the parties are generally free to add and alter the terms, covenants and conditions as they see fit – subject to restrictions imposed by common law and statute (e.g. prohibition of contracts for an illegal purpose, '''unconscionable terms''', or contracts in restraint of trade)==5. Holiday Premises==The RTA and MHPTA both restrict parties from contracting out of requirements of those Acts and from adopting terms that are contrary does not apply to the Acts. The changes in the tenancy agreement must be in writing, and be signed and dated by both parties. Some requirements, such living accommodation occupied primarily as locks on doors, are automatically included in every tenancy agreement even if the tenancy agreement does not specifically mention them. A unilaterally altered vacation or newly included term may be unenforceable where there is no consideration for ittravel accommodation (s 4(e)).

==6. Manufactured Home Owners== 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) Collateral Contract ====manufactured home and the pad it sits on, he or she is covered by the RTA.

The parties may enter into additional or subsequent oral or written contracts, separate from the tenancy agreement, that involve a change in the way the terms of the tenancy agreement ==7. Assisted and Supported Living TenanciesAssisted and many supported living tenancies are carried out (e.g. agreement not covered by the tenant RTA. In addition to do repairs in return for paying a reduced amount of rent). The terms of the tenancy agreement still exist; they as required for regular tenancies, residents must be performed as stipulated when the collateral contract is fully performed or is otherwise terminated (e.g. one party dies or goes away). If an Arbitrator determines the terms are reasonable negotiate and not unconscionablesign a separate agreement specifying services, as defined within s 3 of the RTRcosts, any purchaser of the reversion will be bound by the former owner’s collateral contract. A remedy for the new landlord would be found in an action against the seller. Generally speaking, oral collateral contracts are hard to prove. If something is important, it should be recorded in writingand other terms.

=== 28. Terms, Covenants, Emergency Shelter and Conditions =Transitional Housing==Section 4 of the RTA states that the RTA does not apply to accommodation “provided for emergency shelter or transitional housing.” The exact bounds of the category of “transitional housing” are not entirely clear. Factors that arbitrators have referred to in determining whether housing is “transitional housing” include:

==== *whether the tenancy is for afixed, short, term*whether participation in programming (for example, in relation to mental health or substance use) Covenants and Conditions ====is a condition of the tenancy*whether there are rules governing conduct while in the housing, including rules about behaviour or guests

A covenant in a tenancy agreement consists of a promise by a person that a certain thing must or must not be done ==9. Others Not Covered (the RTA eliminates the word “covenant” and uses the more modern word “term”). A “Material Term”, as used in the RTA, is a term going to the root of the relationship and the tenancy agreement. Landlords and tenants may agree to any term they wish, as long as it is not unconscionable or contrary to the RTA. Terms contrary to the RTA may not be identified in some cases until dispute resolution, and a tenant is free to argue that a term violates the RTA and should therefore be void. The Arbitrator will take this into consideration when determining reasonableness. For more information, see RTB Policy Guidelines 8: Unconscionable and Material Termss. 4)

A condition creates an obligation that arises *People living in accommodations owned or operated by educational institutions if the event a certain thing does or does not happen. “Conditions precedent” are conditions that must be performed or satisfied before other obligations arise. “Conditions subsequent” cause existing obligations institution provides the accommodation to cease when the conditions subsequent occur or are satisfied.its students;

==== b) Express*People covered by the Community Care Facility Act, Implied and Statutory Terms ====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.

Valid '''express''' terms or conditions override any '''implied''' terms or “usual terms” that might otherwise apply at common law==10. For residential tenancies, Residential Tenancy Branch Information Line==Call the RTA deems some express terms to be unenforceable Residential Tenancy Branch information line (see [[{{PAGENAME}}#d604-660-1020 or 1-800-665-8779) Reasonable Terms | Section III.C.d: Reasonable Terms]] below). The RTA also establishes statutory terms, deemed to be terms in every agreement, that override any express or implied term to if you are unsure whether the contrary. For tenancies not governed by rental unit comes under the RTA, a court will find implied obligations and insert the usual terms, if the parties have failed to expressly agree to certain matters.

=C. 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 remedy is a complaint under s 21 of the B.C. Human Rights Code, RSBC 1996, c. 210 [HRC]. Section 10(1) Express Terms and Obligations ====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 19: Human Rights for more information.

The RTA requires that all tenancy agreements include standard terms outlining key statutory rights and responsibilities of the tenant and landlord (see RTA s 12, and the Schedule to the Regulation). The standard terms cover repairs, payment of rent, rent increases, security deposits, assignment or sub-let, occupants and invited guests, entry of the residential premises by the landlord, locks, ending the tenancy, and the application of the RTA. To assist landlords and tenants, the Ministry created a standard [http://bit.ly/1eiaQNL Residential Tenancy Agreement]. This Agreement incorporates suggestions put forward by landlord and tenant stakeholders, and includes the prescribed terms found in the Schedule of the Regulation==1. Shared Accommodations==

For residential tenancies, the following express terms are '''void''' and '''unenforceable''': *a term purporting to hold that the RTA The law does not always apply to the agreement (s 5(1)); *that the rent remaining for the term of the agreement becomes due when kitchen and payable if a tenant fails to comply bathroom facilities are shared with a term the owner of the tenancy agreement (s 22) (ithat accommodation.e. “accelerated rent terms” are not permitted); or *that the landlord can seize the tenant’s personal property for rent owing (s 26(3)(a))==2. Adults Only==

Some included requirements of the RTA state that the tenant: *must maintain reasonable healthA landlord cannot refuse to rent to adults because they have children, cleanliness, and sanitary standards throughout the rental unit and other areas of the property to which unless the tenant has access; *shall not assign building or sublet without the landlord’s written consent, where the agreement manufactured home park is reserved for a period of six months or more; and *shall not pay more than one-half of one month’s rent for each of the security deposit and/or pet damage depositpeople over 55 years old.

Similarly, terms in a short form lease that are inconsistent with the RTA are unenforceable. The parties may however enter into a separate collateral agreement, under which a clause requiring the tenant to perform repairs is binding on the tenant, so long as there is separate consideration=D.Application Fees=

Changes in the RTA allow more ability to agree to any term landlords and tenants wish, than the repealed Act did=E. Foreign Students=

However, Foreign students should consider how long they plan on studying before signing a fixed-term of tenancy is '''unenforceable''' if (RTA, s 6): *lease. Students should not sign a) the fixed-term is inconsistent with this RTA or the regulations; *b) the term is unconscionable; or **'''NOTE:''' The RTR defines “unconscionable” for the purposes of s 6(3)(b) of the RTA as follows: a term of a tenancy agreement is “unconscionable if that exceeds the term is oppressive or grossly unfair time they plan to one party”study. *c) the Signing a fixed-term is not expressed tenancy that extends beyond one’s intended study period can put a tenant into breach, and may result in a manner that clearly communicates having to pay liquidated damages and/or any loss of rent incurred by the rights and obligations under itlandlord.

See Policy Guideline 8: Unconscionable 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 Material Termshave not received their deposits from their ex-landlords.

==== e) Pets ==== In B.C., there is no law that allows tenants to have a pet. RTA, s 18 allows a tenancy agreement to include terms that prohibit pets, or restrict the size, kind or number of pets a tenant may keep on the residential property. In order to keep a pet one needs to have a term in one’s tenancy agreement that allows pets. If a tenancy agreement doesn’t allow pets and a tenant gets one anyway, the landlord can tell the tenant to remove it. If the tenant refuses, the landlord may be able to give an effective eviction notice. RTA, s 18 is subject to the rights and restrictions under the ''Guide Animal Act'' RSBC 1996, c 177, s 4, which states that landlords must not deny tenancy or impose discriminatory terms on a person with a disability who intends Some foreign students take furnished rooms by paying “take-over fees” to keep a guide animal in purchase the rental unit.  ===== (1) New Pet: Where Permitted ===== The landlord furniture and tenant together must inspect the condition of continue the rental unit on or before the day the tenant starts keeping a pet or on another mutually agreed day where the landlord permits the tenant to keep a pet after the start of a tenancy (RTA, s 23(2)). Failure of the tenant or landlord to participate in the inspection may extinguish the right of the failing party to the rights relating to the pet deposit (s 24(1))agreement. The landlord can request a pet damage deposit not greater than ½ of a month’s rent, regardless of the number of pets.  ==== f) Prescribing Terms ==== Terms and conditions that must or must not be included in every written initial tenancy agreement, or an application for an agreement, may be prescribed have been “taken over” by an order-in-council and may prescribe different terms for different classes of tenancy agreements. As discussed above, the RTR sets out in its schedule those terms that must be included in every tenancy agreement.  ==== g) Implied Obligations and Usual Terms ==== ===== (1) Landlord’s Obligations ===== A landlord must ensure that: *the tenant is given vacant possession on the starting date of the tenancy; *the tenant has quiet enjoyment; *the rental units are reasonably fit for occupation; and *the rental units are maintained in a state of decoration and repair that complies with housing health and safety standards required by law.  ===== (2) Tenant’s Obligations ===== A tenant must ensure that: *he or she pays the rent or other fees on time and conducts him or herself in a manner consistent with protecting the landlord’s rights and interests; *he or she delivers up the rental unit in a reasonably clean condition and dozen students in a reasonable state of repairrow, reasonable wear and tear excepted; and *he or she gives one full month’s notice in writing when terminating the agreement. (see [[Residential Tenancy Termination and Eviction (19:IX)#1. Form and Basic Requirements | Section IX.B.1: Form and Basic Requirements]]). ===== (3) Court-Implied Terms ===== The usual terms that a court may insert in a tenancy agreement, where express provision leading to confusion about who is lacking and statutory terms do not apply, include a tenant’s undertaking: *entitled to pay rent; *to pay taxes and utilities not payable by the landlord assigned to them in security deposit or the tenancy agreement; and *to keep and deliver up the rental unit in good repair.  ==== h) Statutory Terms in the RTA : Duties and Prohibitions ==== For residential tenancies subject to the RTA, the common law implied obligations apply, unless their subject matter is superseded by one of the RTA’s obligations.  ==== i) Rent Increases for Additional Occupants ==== A rental increase for a new occupant can only be imposed if the contract specifically allows for it. Disputes most often arise upon the birth of a baby, so renters should consider whether they might have children before signing a contract with a new occupant increase clausefurniture.