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Entering a Tenancy

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{{Tenant Survival Guide TOC}}
''Do'DO:' make sure the plumbing, electrical and appliances work, and check for mold in bathrooms and around windows, in closets and under carpets. ''Don't'' sign trust your instincts. If a tenancy agreement that you do not understand or have not fully readpotential landlord asks for illegal personal information, think twice about filling out an application.
==Protect yourself==The ''[[Residential Tenancy Act]]'DO NOT:' requires that your landlord provide you with '' sign 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 do not understand or 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 agreementfully read.
===Understand your agreement=Budgeting for rental housing==When searching for rental housing, it is important to calculate how much money you can afford to pay each month. Your basic rent is an obvious expense, but there are still other monthly and one-time expenses to consider.
'''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. ===Monthly expenses===
'''Get everything in writing.''' If Here are some examples of monthly expenses that may or may not be included as part of your landlord agrees to clean or do repairs before you move inrent:* utilities, such as electricity, heating, and hot water;* TV, internet, write this in the agreement. If you add and phone services;* coin-operated laundry;* transit pass;* parking fee or change anything in the agreement, both you permit; and your landlord should write your initials beside every change* tenant insurance.
'''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.===One-time expenses===
'''Get a copy Here are some examples of the signed agreement and keep it in a safe place.''' If the landlord breaks a promise, it will be hard for one-time expenses that you may need to prove anything without pay at the start of your own copy.tenancy:* security deposit;* pet damage deposit;* deposits to utility companies;* installation / activation fees to utility companies;* deposits to telecommunication companies;* installation / activation fees to telecommunication companies;* moving truck;'''Get * boxes and supplies to pack your landlord's namebelongings; * new appliances, such as a microwave, barbeque, address and phone number.''' You need to know with whom you are dealing. Get the name TV; and phone number of the manager or agent you talk with* new furniture, too. If such as a landlord or property manager does not want to provide this informationbed, couch, you should reconsider renting from themand dresser.
[[File:tenant laundry.png | left | frame | link= ]]
===Utilities===
'''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 Identifying rental needs 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 [[Residential Tenancy Act|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 preferences==
In BC, there is no law that allows tenants Deciding where to have a petapply for rental housing can be overwhelming. In factTo help focus your search, think about your rental needs and preferences. Consider ranking the ''Residential Tenancy Act'' explicitly gives landlordsfollowing factors:the right * distance to refuse petswork, 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 petsschool, shopping, and you get one anyway, your landlord can tell you friends;* access to remove it. If you don't, public transit;* size of the landlord might give you an eviction notice. ''See section 18 unit;* type of property;* type of the [[Residential Tenancy Act|RTA]]neighbourhood;* nearby amenities;* smoking / non-smoking rules;* pet policies;* roommate restrictions;* accessibility requirements; and* safety concerns.''
===Guide dogs=Searching for rental housing==If you have an assistance animal covered by the [http://canlii.ca/t/842g ''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) ==Search popular rental websites such as Craigslist, Kijiji, and Padmapper, but also expand your search beyond the internet. Not all landlords know how to advertise their rental units online, so look out for bulletin board postings at coffee shops, “vacancy” signs outside buildings, and listings in your local newspaper. It can also be wise to get the word out within your network of family, friends, coworkers, teams, and clubs. Even strangers or acquaintances may have a lead on your future home, so consider mentioning your housing search when buying groceries, getting a haircut, or settling your bill at a restaurant.
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).===Application fees===
Don't sign a lease unless you are sure you want In BC’s competitive rental housing market, some landlords try asking for illegal application fees. According to live in section 15 of the place. You can't break Residential Tenancy Act, landlords cannot charge a fee for:* accepting an application;* processing an application;* investigating an applicant’s suitability as a tenant; or* accepting a lease because you didn't do person as a careful enough inspection of the suite before you moved in, and decide after moving in that you don't like ittenant.
There may be parts of the lease that allow This practice is illegal even if a landlord ends up returning the landlord fee to break rejected applicants, or applying the lease and force you fee to move. This helps the landlord, but does not help you at all. Read the lease very carefullysecurity deposit of successful applicants.
===Breaking a leaseRental scams===
If Craigslist, Kijiji, and PadMapper have a lot of legitimate rental listings, but you need to break a lease, be aware that careful of scams. Never send money to someone you may have yet to meet, and never 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 deposit before you have to pay a certain amount of money in order to get out of viewed the leaserental unit. The amount charged to If you cannot be charged as are suspicious of a penaltypotential landlord, 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 trust 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 placeinstincts.
===Two kinds To avoid rental scams, ask yourself the following questions:* Is the rent suspiciously low? How much do similar rental units in the neighbourhood cost?* Are you being asked to mail your deposit in cash, or send it electronically?* Is the person you are contacting not willing to arrange an in-person viewing?* Does the person you are contacting seem too eager? Most landlords will ask for references and/or a credit check before committing to a tenant.* What do the neighbours say? Depending on the type of leases===housing, you may be able to ask people living nearby about the owner and property.
There are two kinds of leases:* '''A lease that says you must move out at the end of the lease.Newcomers to BC:''' You can only stay if If you sign a new agreement with the landlord. Be careful! The new agreement does not are moving to BC and want to 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 home lined up 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 leasearrive, if ask someone you want trust to stay on after the lease ends view rental units and rent month-to-monthmeet with potential landlords before accepting any offers. Alternatively, consider staying in a hotel or hostel until you do not have personally taken the time to sign find a new agreement. If you want to move on the date that your lease expires, you must give a full month's notice in writing to your landlordhome.
===If you get Viewing a new landlord=rental unit==
If your place is soldFinding a rental unit in BC can be challenging, as you will most likely be competing against several other applicants for the new landlord can't make you same housing. When attending a sign viewing, do your best to stand out from the crowd by making a new leasegood first impression, or change the rules in your agreement. The new landlord also can't evict you for landlord use until coming prepared with relevant documents, and asking the fixed-term lease expiresright questions.
===Changing agreementsHow to make a good first impression===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-to-month 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 Here are a few tips to consider when viewing a rental unit:* arrive on time;* dress business-casual;* avoid clothing with tears and paying rent ==controversial slogans or logos;* minimize strong smells of perfume or cologne;* do not smoke or drink alcohol before the viewing;* introduce yourself and shake the landlord’s hand;* take your shoes off when touring the property (and remember to wear socks);* strike up a conversation and try to find some common interests; and* thank the landlord for showing you their rental unit and answering your questions.
===Security deposit and pet damage depositWhat to bring===
A landlord can ask you for a security deposit (also called a damage deposit) of a half month's rent Consider bringing the following 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 viewing:* cover any damage done by your letter;* references;* credit check;* pet. See the section on [[Security Deposits resume;* Renting It Right certificate;* tape measure and furniture dimensions; and Additional Fees]]* friend or family member.
===Changing your mindWhat to ask===
Don't pay any money unless you are sure that you want Consider asking the following questions during a viewing:* Does the rental unit follow local bylaws? For example, is the rental unit an illegal suite?* Does the place. Don't sign anything include appliances and amenities, or has it been “staged” for the viewing?* Are the neighbours generally quiet and don't give any money respectful?* Is the building soundproofed, or is it common to the landlord until all hear noise from other units?* Has there been a history of your questions bed bugs, other infestations, or illegal activity?* Is there public transit nearby?* What are answered. If you pay a deposit the rules about smoking, pets, roommates, and then change your mindaccessibility?* Is there laundry available in-suite, you might not be able to get your money back. If or at least somewhere on the landlord can't rent property?* Are there designated parking spots for tenants, or is there only street parking?* Is storage room available on the place to someone elseproperty?* Are there any fees for parking, storage, they might try to make you pay or laundry?* Is the heat for the unit controlled from within the month's rent.unit or from within a different unit?
===Application deposits=Personal information==
Some landlords ask tenants to pay Landlords in BC must follow the Personal Information and Protection Act, SBC 2003, c 63. which outlines the rules for collecting, using, storing, disclosing, and protecting a deposit when they apply to rent a placetenant’s personal information. The application says Office of the Information and Privacy Commissioner for BC (OIPC) has developed a helpful guidance document that the deposit will be put towards the security deposit or the first month's rent if the tenant is acceptedexplains these rules in plain language. This is illegal. Landlords cannot collect application feesTenant Survival Guide covers only the basics of personal information, so contact the OIPC or collect deposits except view their guidance document at the time a tenancy agreement has been entered intooipc. Some tenants who have paid these illegal application deposits have found it difficult to get their money backbc. 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]]ca for more information.
===Paying rentInformation landlords can ''always'' ask===
Rent is due on the first day of According to the monthOIPC, 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 donlandlords can '''always'''t pay ask for the full rent on the due date, the landlord can try to evict following information:* name and proof of identity;* contact information;* name of current and previous landlords;* eviction history;* addresses of previous residences and how long you. See the section on [[Evictions]]lived there;* reason(s) for leaving previous residences;* pet information;* expected length of tenancy;* consent for a criminal record check; and* number of occupants.
====When you pay rent====*Pay by cheque or money order if you Information landlords 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 didnsometimes'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.ask===
{{Tipsbox| width = 90%| tips = According to the OIPC, landlords can '''If you don't move insometimes'''ask for the following information:* birth date;* age of unit occupants;* social insurance number (SIN);Once you give the * non-landlord a deposit, you have established a contract. If you decide not to move in, the landlord can make you pay the month's rent, unless another tenant moves in. If you didn't move in because there was a serious risk to your health or safety, you will need proof. For example, take photographs (personal) references;* amount of the problem current or ask previous rent;* current employment and salary information;* consent for a health inspector to come to the placecredit check;* bank statements; and* federal tax assessments. If you need repairs right away, you can take the landlord to dispute resolution.}}
== Condition when Whether or not a landlord can ask for this information will depend on the situation. For example, a landlord may be allowed to ask you move in ==for pay stubs, bank statements, income tax assessments or consent for a credit check, but only if you are unable to provide satisfactory references or employment and income verification.
===Condition inspection report==='''Social Insurance Number (SIN):''' If a landlord has grounds to ask for a credit check, they will probably ask for your birth date and SIN. To avoid having to provide your SIN, consider obtaining a free credit check on yourself and distributing copies to potential landlords. Contact Equifax (consumer.equifax.ca) or TransUnion (transunion.ca) for more information.
The law in BC requires that you do a condition inspection report with the landlord when you move in and when you move out of your place. You must also do a condition report when you begin keeping a pet if you did not do one when you moved in. See the section on [[Condition Inspection Reports]].===Information landlords can (almost) ''never'' ask===
===Repairs According to the OIPC, landlords can almost '''never''' ask for the following information:* consent to collect personal information “from other sources”;* proof of insurance;* driver’s licence number;* whether any intended occupants smoke;* vehicle information;* banking history;* marital status;* credit card number; and cleaning===* emergency contact info.
Your landlord must make sure your new place is clean and that everything works—before you move in. However, don't just expect that your landlord will have done this. You should protect yourself by checking everything before you move in! If the place needs repairs or cleaning right away, give your landlord a list of what needs to be done. Give the landlord a deadline for completing the repairs and cleaning. Sign and date the list, and keep a copy. See the section on [[Repairs and Services When Renting| Repairs and Services]].==Discrimination==
If you must clean According to section 10 of the place in order to move inBC Human Rights Code, you a landlord may be able not refuse to get money back for your labour and the cost rent to you because of cleaning supplies and equipment. Keep your receipts. You may have to go to dispute resolution to get money back from the landlord. You will need proof :* race;* colour;* ancestry;* place of the condition origin;* religion;* marital status;* family status;* physical or mental disability;* sex;* sexual orientation;* age (if 19 or older); or* lawful source of the place before and after you cleanedincome.
===Illegal suites===If you think you may have been discriminated against, contact the BC Human Rights Clinic at 1-855-685-6222 or bchrc.net.
In many municipalities, secondary suites, such as basement suites in houses, are not permitted and are considered “illegal.” However, illegal suites are covered by the ''Residential Tenancy Act'' and you are protected by this provincial law just as you would be in any other type of tenancy—except that the suite may be shut down by the municipality if the municipality has a policy of shuttingdown secondary suites. If this happens the tenant could have to move with as little as one month's notice. If you are renting a suite in a house try to find out if it is a legal suite. If it is not, find out what the municipality's policies are on closing down illegal suites. In terms of dealing with your landlord, you have the same rights as any other tenant even if you live in an illegal suite.===A closer look===
{{Tipsbox| width = 90%| tips = '''Get it in writingFamily status:'''Ask Landlords can restrict the landlord or manager what the rent includes. Ask if the heat, lights, cablevisionnumber of occupants in your rental unit, laundry, fridge, stove, storage or parking but they are included in the not allowed to refuse to rentto you because you have children. Also, make sure the agreement states if use of If you are searching for housing with a yard boyfriend or recreational facilitiesgirlfriend, such as a swimming pool, are included. Tell the landlord that you want a written agreement that lists the things included in the cannot refuse to rent. If the landlord makes a promise to paint, clean or fix something, get that in writing tooyou because you are unmarried.}}
===Allergies?==='''Lawful source of income:''' Landlords are not allowed to discriminate based on your source of income, as long as it is legal. For example, you cannot be refused a tenancy because you receive income from welfare, disability benefits, or student loans.
Many tenants move into a place only '''Age:''' Section 3 of the Residential Tenancy Act (RTA) allows landlords to find that it is not suitable rent to their personal situationminors (under age 19). For example, if If you are allergic to cigarette smoke, make sure your written a minor who has entered into a tenancy agreement states that it is with a non-smoking building. If the landlord breaks your agreement by allowing a smoker to move in next door when you had an agreement that it was a non-smoking building, you may be able to claim for compensation from have all the same rights and responsibilities as any other tenant protected by the landlordRTA. However, if your written agreement does not mention it, and you later find that you can't tolerate the smokingare under age 19, it may be you who has landlords are allowed to pay if you are breaking a lease or moving without proper notice. The same is true with pets. While your agreement may say that you are lawfully discriminate and not allowed rent to have pets, other people in the building who have lived there longer may have different agreements. Don't assume your agreement is the same as anyone else's in the building. If you don't want to live in a building with pets make sure because of your agreement clearly states that there are no pets in the buildingage.
===Always make sureExceptions===
Always make sureThere are a few exceptions to the protected grounds listed in section 10 of the ''BC Human Rights Code''. The laws about discrimination may not apply if:*the agreement is datedapplicant will be sharing sleeping, bathroom,or cooking facilities with another person;*the agreement building is signed by both you designated for adults age 55 and your landlord,*both you and your landlord put your initials beside any changes to the agreement,older; or*the agreement says unit has the same things you and your landlord agreed required permits to when you spoke (if you don't put it in writing, it is not part of the agreement), and*you get a copy of the agreement right away (in case you need proof)be designated for people with disabilities.
==Legislation and links==
Andrew Sakamoto
110
edits
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