Difference between revisions of "Residential Tenancy"

This script has information on residential tenancy. It does not cover every topic for all tenants and landlords. Instead, it gives other information sources, including the Residential Tenancy Branch—called the Branch in this script. This BC government agency administers the Residential Tenancy Act, (called the Act—it’s the main law in this area) and the Residential Tenancy Regulation. The Branch also provides several important services to tenants and landlords. Finally, this script does not cover tenancies in manufactured home parks, but it gives a link at the end of the script to the Branch guide on this topic.

*Doing repairs and keeping the rental unit and building in good condition. If a landlord won’t make a necessary repair, a tenant should first talk to the landlord and then make a written request to the landlord to make the repair. If that doesn’t work, the tenant should then apply for dispute resolution (explained below). Tenants should not hold back rent or pay for the repairs, hoping that the landlord will pay them back – unless the landlord has agreed in writing to do so.

Landlords and tenants must do an inspection of the rental unit at the start of the tenancy, and then, both the landlord and tenant must complete and sign a Condition Inspection Report – a written record of the condition the rental unit is in. The report should show if the rental unit is not in good condition. For example, there may be stains on the rug or holes in the walls. The report can include photographs. This report can be useful if there is a disagreement later. The landlord must give the tenant a copy within 7 days of the move-in inspection.

The Act requires landlords and tenants to use a written tenancy agreement covering several items, such as legal names of both landlord and tenant, address of the rental unit, amount of rent and when rent is due, what the rent includes, start date of the tenancy, and amount of the security deposit. Even if the tenancy agreement does not have a required term, the Act treats the agreement as if it has the term. The Branch website has a sample tenancy agreement.

Landlords can charge a refundable fee for keys and other access devices – but not if the key or access device is the tenant’s only way to access the property. They have to repay the fee when the tenant returns the key or device. Section 6 of the Regulation (available at [http://www.bclaws.ca www.bclaws.ca]) covers refundable fees.

Landlords can charge a non-refundable fee for things like additional keys, access devices, and garage-door openers and to replace these things. They can also charge a non-refundable fee for certain other things, such as a service charge from a financial institution if a tenant’s cheque is returned. Section 7 of the Regulation covers non-refundable fees.

'''For failing to pay rent''' – tenants must pay all the rent, on time. If they don’t, the landlord can give the tenant a “10-day notice to end tenancy” for non-payment of rent (available on the Branch website). Then the tenant has 5 days either to pay all the rent owing – which cancels the notice – or to apply for dispute resolution. Otherwise, the tenant must move out within 10 days after receiving the notice. If a tenant does neither, the landlord will likely apply to the Branch for an Order of Possession through the Dispute Resolution Process. The Branch may issue the Order of Possession without holding a hearing that the landlord or tenant participate in.

'''For cause''' – the landlord must give the tenant one month’s notice in this case. The most common cause is repeated late payment of rent. Other common causes are disturbing other occupants; seriously damaging the rental unit or the building; having too many people living in the rental unit; taking part in illegal activity that harms – or is likely to harm – the landlord, building, or other occupants of the building; or breaking a rule in the tenancy agreement and ignoring a landlord’s written notice.

'''For change of use''' – the landlord must give the tenant 2 month’s notice of this. Usually, the landlord or the landlord's family wants to move in, or the landlord sells the rental unit and the new owner or the new owner’s family wants to move in. Or the landlord may want to renovate or tear down the building or convert it to condominiums. The tenant is entitled to one month’s rent when a landlord issues a 2-Month Notice for change of use.

Landlords can increase rent only once in a 12-month period and only by the amount the Act allows. The amount is listed on the Branch website. Before increasing rent, landlords must give tenants 3 full months’ notice using the form called “Notice of Rent Increase – Residential Rental Units,” on the Branch website. The landlord must also serve the notice on the tenant in the way the Act requires. The Act allows a landlord to mail the notice and, in that case, the notice is treated as received by the tenant on the 5th day after it is mailed.

*want to inspect the rental unit; they can do this once a month – if they give proper notice.

Except in an emergency, a landlord can come in only between 8 am and 9 pm – unless the tenant agrees to other times. Neither tenants nor landlords may change locks, except in an emergency, or if they both agree in writing.

Tenants can’t withhold rent if their landlord or other tenants interfere with their privacy or quiet enjoyment. However, they can apply for dispute resolution and compensation. Tenants can have guests – they’re not the landlord’s business. But if it looks like the guests have moved in, the tenant may be breaking the tenancy agreement. The landlord may increase the rent – but only if the tenancy agreement allows for a rent increase if more people move into the rental unit. Or the landlord may try to end the tenancy because of an unreasonable number of occupants.

Dispute resolution is the process that the Act uses to solve residential tenancy problems. It involves a hearing, like a court hearing, but less formal. Hearings are usually by phone teleconference. Hearings are booked to last one hour. Both landlords and tenants can explain their side of the case and call witnesses to do the same. The time limits to apply for dispute resolution depend on the type of dispute. The Branch website explains how to apply for dispute resolution, how to tell, or notify, the other side of the hearing, how to prepare for a hearing, and how to ask for review of a decision.

Apply for dispute resolution online or at a Branch office, unless there isn’t one near you. Then, apply at a Service BC office. There’s a non-refundable application fee and the total fee depends on the application. You can ask the Branch to waive (cancel) the fee if you can’t pay. You can also ask the Branch to make the other party (landlord or tenant) pay you back for the fee, if you win the dispute. If you apply for dispute resolution, you will receive an information package that you must serve on (give to) the other side, in person or by registered mail.

Landlords and tenants can ask the Branch to review, clarify or correct a the decision—but only if one or more of the following cases apply:

*The BC Residential Tenancy Branch. Call it at 604.660.1020 in the lower mainland, 250.387.1602 in Victoria, and 1.800.665.8779 elsewhere in BC.  

*The TRAC Tenant Resource and Advisory Centre has the Tenant Survival Guide and other information. Call its tenant infoline Monday to Thursday from 9 am to 5 pm at 604.255.0546 in the lower mainland and 1.800.665.1185 elsewhere in BC.

*LandlordBC represents more than 3,300 members who manage over 130,000 residential rental units throughout BC. It provides advice, answers to legal questions, and other services to its members, residential rental property owners, and property managers. Call it at 250.382.6324 in Victoria and elsewhere in BC at 1.888.330-6707.

*The Guide for Manufactured Home Park Landlords & Tenants in BC from the BC Residential Tenancy Branch.

'''The above was last reviewed for legal accuracy by Anna Kurt and edited by John Blois.'''