Anonymous

Difference between revisions of "Repairs and Services When Renting"

From Clicklaw Wikibooks

Repairs and Services When Renting (view source)

Revision as of 23:37, 11 December 2018

3,921 bytes added ,  23:37, 11 December 2018
m
Reverted edits by Andrew Sakamoto (talk) to last revision by Jane Mayfield
m (Reverted edits by Andrew Sakamoto (talk) to last revision by Jane Mayfield)
Tag: Rollback
Line 1: Line 1:
{{Tenant Survival Guide TOC}}
{{Tenant Survival Guide TOC}}
''Do'' make sure you have your landlord's name, phone number, and address before you have a problem. ''Don't'' expect to be reimbursed for repairs you do yourself unless your landlord agrees to it in writing.


'''DO:''' pay your full rent on time. Failing to do so could result in a 10 Day Eviction Notice for Non-Payment of Rent.
== Landlord and tenant responsibilities ==


'''DO NOT:''' stop paying rent unless the ''Residential Tenancy Act'' allows you to do so. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch.
===The landlord's responsibilities===


The law says a landlord must keep a place healthy, safe and "suitable for occupation." Your landlord has to make any repairs that are needed for your health and safety.


==Paying rent==
[[File:Services while renting.png | right | frame | link= ]]
''Your landlord is responsible for repairing:''
*heating,
*plumbing,
*electricity,
*locks,
*walls, floors and ceilings (including water leaks or holes),
*fire doors and fire escapes,
*intercoms, and
*elevators.
 
Anything included in your rent must also be maintained. For example, your landlord is responsible for repairing:
*fridge and stove,
*laundry facilities,
*furniture included in your rent, and
*garages and storage sheds.
 
If something needs to be repaired, tell your landlord right away even if the repair is not important to you. Do it in writing and keep a copy for yourself. If you don't tell your landlord about the problem and it gets worse, you could be held responsible.
 
===Your responsibilities===
 
As a tenant, you have to keep your place clean and notify the landlord of any repairs that need to be done, or of any other problems such as mice, cockroaches, or bedbugs. You are also responsible for any damage you or your guests do even if it is an accident. You are not responsible for reasonable wear and tear. Reasonable wear and tear is what happens to a place over time with normal use, such as the wearing out of carpets.
 
== Getting repairs done or services back ==
 
===If a repair is needed===
 
If there's a repair needed and it's not an emergency, tell your manager or landlord right away (see the section on [[Repairs and Services When Renting#Emergency repairs|Emergency repairs]] below for information about what you can do in an emergency). Write down the date when you talked to your landlord and what they said. Don't wait until a small problem becomes a big problem.
 
===If a service is taken away===
 
The ''[[Residential Tenancy Act]]'' allows a landlord to restrict services or facilities as long as you are given at least 30 days written notice and are compensated with a rent reduction that is equal to the reduction in value of your tenancy agreement. Your landlord cannot take away services or facilities which are considered "essential" to your tenancy. However, what you consider essential may not be what your landlord or what an arbitrator consider essential. Therefore, it is important to make sure that you have a written tenancy agreement that says what services and facilities are material terms of your tenancy agreement. For example, if laundry is included in your agreement make sure your written agreement states that laundry is included. A material term is a term that is so important that without that term you wouldn't have entered into the agreement.
 
===Improving your place===
 
If you want to make changes to your place, like painting walls or taking out old carpet, ask your landlord and get written consent. If you make changes without permission from your landlord, you might have to pay for new paint or carpet later. Don't expect to be paid for any improvements you make unless you have a written agreement from your landlord stating that you will be compensated for the improvements.
 
===Don't hold back your rent===
 
You may want to withhold your rent for your inconvenience or the cost of repairs you have done yourself. If you do this without getting a arbitrator's order, your landlord could evict you for non-payment of rent. It is better to apply for [[Dispute Resolution for Tenants|dispute resolution]] if you are having trouble getting your landlord to do repairs.
 
===Send a letter===
If your landlord doesn't do the repairs or give back the service, send a letter. The demand letter should say:
#the address where you live,
#what needs fixing, and
#the date you want it fixed by.
 
Sign and date the letter, and keep a copy. The demand letter might solve your problem. The letter can also prove that your landlord knew about the problem. If the deadline goes by, and your landlord has not fixed the problem, you can apply for a dispute resolution hearing.


===When rent is due===
====Sample demand letter====


[[File:Services while renting.png | right | frame | link= ]]
:''June 5, 2013''<br>
:''Penny Saved'' <br>
:''Big Property Management Co. Ltd.'' <br>
:''1234 Main Street'' <br>
:''Anytown, B.C.''
 
:''Dear Ms. Saved:''<br>
:''Re: My apartment at 201-4567 North Main Street''
 
:''For three weeks my stove has not been working properly. The oven does not work at all, and only two of the burners work. I told you about this on May 17 and May 25.''
 
:''The Residential Tenancy Act states that you must maintain my apartment and the appliances. If my stove is not fixed by June 10, I will have to take legal action through the Residential Tenancy Branch.''
 
:''Thank you. Sincerely,''<br>
:''Teresa Tenant''
 
You can also use [http://tenants.bc.ca/template-letters/ TRAC's template demand letters].
 
===Dispute resolution for repairs and services===
 
When you take your landlord to a dispute resolution hearing for non-emergency repairs or services, the arbitrator can:
*order your landlord to do the repairs or restore the service,
*order your landlord to lower your rent until the repairs are done or the service is restored,
*give you permission to pay for the repairs yourself and to deduct the cost of the repair from your next month's rent, or
*order you to pay your rent to the [[Residential Tenancy Branch]] instead of to your landlord, until the repairs are done; this is called a "re-direction of rent."
 
''See section 65 of the [[Residential Tenancy Act|RTA]].''
 
If you went without something like your stove, fridge, toilet, or balcony because the landlord delayed repairs, you may want some of your rent money back. If you and your landlord cannot agree on fair compensation, you can go to  dispute resolution at the Residential Tenancy Branch. If the arbitrator agrees that you should be compensated it will most likely be through a temporary rent reduction.


Your full rent must be paid on or before the date it is due – usually the 1st of the month. If you are late by one day, or short by a few dollars, your landlord can give you a 10 Day Eviction Notice for Non-Payment of Rent in accordance with [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)''. Once you have received this type of notice, you only have five days to pay the missing rent in order to cancel the eviction.
===Proof of the problem===


Paying rent on time is one of your most important legal responsibilities, and you cannot rely on the five-day grace period for late rent each month. If you repeatedly pay your rent late – at least three times within an unreasonably short period – your landlord can give you a One Month Eviction Notice for Cause. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''RTA'' and [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.
Make sure you gather proof or evidence of the repair problem in case you have to go to a dispute resolution hearing. You can take a photograph, or videotape the problem. Cost estimates from a tradesperson such as a plumber make good evidence. You can also ask friends or neighbours to look at the problem and be witnesses at a dispute resolution hearing.


===How rent is paid===
===Calling a municipal building inspector===


Tenants and landlords usually arrange for rent to be paid by cash, cheque, e-transfer, or direct deposit. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section26 section 26(2)] of the ''RTA'', landlords are legally required to provide receipts for rent paid in cash. If you suspect that your landlord will not provide you with a receipt, consider bringing a witness and your own rent receipt for them to sign.  
Some municipalities have rules about how clean, safe, and healthy your suite must be. You can phone your municipal hall and ask them about these standards. (Look under “Health”, “Fire” or “Building Inspections” in the Blue Pages of the phone book or do a search for your municipal government on the Internet.) Inspectors may check your place and order the landlord to do repairs or clean things up. Unfortunately, not all municipalities will do this. If you live in a community that does not have bylaws to protect your health and safety you should call or write your mayor and city council and encourage them to adopt standards of
maintenance bylaws. See the section on [[Taking Action as a Tenant|Taking Action]].


===Legally withholding rent===
===Building inspections in Vancouver===


When disputes arise with your landlord, it may be tempting to retaliate by withholding rent. Unfortunately, this is illegal in most cases. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch (RTB).  
The City of Vancouver has a Standards of Maintenance bylaw for enforcing basic housing standards. The bylaw covers everything from heat and hot water to rotting floors. Other bylaws make a landlord get rid of cockroaches, mice and fleas. If you live in Vancouver, you can phone City Hall and ask an inspector to check your place. You can call city hall by dialing 311. The phone number for the City of Vancouver property use inspector is 604-873-7398. For information on the Vancouver health bylaw, contact Vancouver Coastal Health at 604-675-3800.


There are only five sections in the ''Residential Tenancy Act (RTA)'' that allow you to legally withhold rent without your landlord’s consent:
===Repairs and "illegal" suites===
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section19 section 19] of the ''RTA'' – you overpaid your security deposit or pet damage deposit;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''RTA'' – you paid for emergency repairs after carefully following the proper steps;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section43 section 43] of the ''RTA'' – you overpaid rent because of an illegal rent increase;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51 section 51] of the ''RTA'' – you received a Two Month or Four Month Eviction Notice for Landlord’s Use of Property, which entitles you to one month rent as compensation, and you are applying that compensation towards the last month of your tenancy; and
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section65 section 65] of the ''RTA'' – you have an order from the RTB.


===Problems paying rent===
When suites in houses are illegal it's because the municipality does not allow them. If you live in an illegal suite, you have the same rights as every other tenant under the ''Residential Tenancy Act''. You can apply for a dispute resolution hearing for repairs. The Residential Tenancy Branch will not contact your municipality.


If you know that you will be unable to pay your full rent on time, communicate with your landlord as soon as possible. Your landlord may allow you to pay your rent late – especially if you have always paid rent on time in the past. Make sure to get your landlord’s permission in writing if they do agree to give you an extension. You can also try requesting a short-term loan from a friend, family member, or one of BC’s Rent Banks. If that is not possible, you may have to prioritize your rent over other expenses.  
However, don't phone the municipality about a repair problem if you think your suite is illegal. If you report the suite, the municipality might close down the suite and tell the landlord to evict you. If your suite is closed down by the municipality you could be given a one month eviction notice.


'''Crisis supplement:''' If you receive income assistance and face an unexpected emergency, you might qualify for a crisis supplement through the provincial government.
===Pest control===


==Rent increases==
Your landlord is responsible for the removal of pests such as insects or rodents. If you discover a pest problem let your landlord know as soon as possible. Some pest problems like bedbugs can be very difficult to treat. It is important that a professional pest control company is hired to treat the problem properly. Write a letter to the landlord and keep a copy for yourself to document the problem. You can also phone your local health authority to ask if they can do an inspection and order the landlord to treat the pest problem. The health authority may get involved when there is the potential that the pest may carry disease. If your health authority won't get involved you can still file for dispute resolution at the Residential Tenancy Branch to get an order to make the landlord treat the pest problem.


===Notice of rent increase===
===Mold===


At the start of your tenancy, rent is set at whatever amount you and your landlord agree to as part of your agreement. From that point on, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section22 section 22] of the ''Residential Tenancy Regulation (RTR)'', your landlord can only raise your rent once every 12 months by a percentage equal to inflation. The allowable rent increase percentage changes each year, so check the Residential Tenancy Branch [https://gov.bc.ca/landlordtenant website] or TRAC [http://tenants.bc.ca/ website] to find out how much landlords can raise rent this year.
Mold is a major problem in many homes in BC given our damp climate. It is important that you take every step possible to prevent excess moisture in your home so that the landlord does not blame you for causing the mold problem. If you do find mold make sure you document it with pictures, witnesses, and with letters to your landlord in case you should need evidence for a [[Dispute Resolution for Tenants|dispute resolution hearing]]. You can also call your local health authority for more information about mold. (Look for the number in the Blue Pages of your local phone book.)
== Emergency repairs ==


[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section42 Section 42] of the ''Residential Tenancy Act (RTA)'' says that landlords must provide an approved [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb7.pdf “Notice of Rent Increase” form] three full months before a rent increase takes effect. For example, if you receive proper notice on April 5th, the three full months that count towards the notice period are May, June, and July, which means the rent increase would take effect on August 1st (assuming you pay rent on the first of the month). If your landlord does not raise your rent during a 12-month period, or raises it by less than the allowable percentage, they are not allowed to top-up a future rent increase to make up the difference.
The ''[[Residential Tenancy Act]]'' has special rules for "emergency repairs." The rules may allow you to do repairs in some circumstances. Emergency repairs are repairs that are urgent, necessary for health or safety, and made for the purpose of repairing:
*major leaks in pipes,
*damaged or blocked water or sewer pipes,
*electrical systems,
*in a rental unit, major leaks in the roof, damaged or defective locks, damaged or blocked plumbing fixtures or the primary heating system, or
*in prescribed circumstances, a rental unit, residential property, a manufactured home site or manufactured home park.  


===Wrong notice period===
''See section 33 of the [[Residential Tenancy Act|RTA]].''


If your landlord uses the proper [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb7.pdf “Notice of Rent Increase” form] but gives you less than three full months’ notice, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section42 section 42(4)] of the ''RTA'' says that you can continue to pay your current rent until the correct amount of time has passed. For example, if you normally pay rent on the first of the month and your landlord gives you a Notice of Rent Increase on March 1st (or anytime later that month), you will not have to start paying the increase until July 1st. Although this may seem like four months, the ''RTA'' counts it as three. By serving the notice on March 1st, your landlord has excluded March from the three-month notice period. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not try to end your tenancy for unpaid rent.
===Contact your landlord===


===Overpaying a rent increase===
The law says that your landlord has to post the name and phone number of an emergency contact person some place in your building where you can easily see it. If you need an emergency repair, phone the emergency contact person right away. You must try to reach the emergency contact person at least twice. If no number is posted, call the landlord or the manager. Make sure you write down the date and time of each call.


If you have overpaid on rent because your landlord gave you an illegal rent increase, you have two options:
===What if repairs are not done?===
# deduct the overpayment from your next month’s rent; or
# apply for a monetary order through dispute resolution.


If you choose the first option, make sure to clearly explain to your landlord that you have the right to withhold rent according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section43 section 43] of the ''RTA''.  
You are allowed to pay someone else to do the repairs only if:
*you talk to the emergency contact person and the landlord still does not do the repairs within a reasonable time, ''or''
*you cannot reach the contact person after two tries.


==Exceptions to rent increase rules==
It's a good idea to call different places to get repair cost estimates. Write down their prices and hire the cheapest one that is qualified to do the job. Keep all the receipts. Your landlord is allowed to take over the repair job at any time.


===Additional occupants added===
===Getting money back===


If you wish to move someone in to your rental unit, you should first check your tenancy agreement. Your landlord may be allowed to raise your rent for additional occupants, but only if your agreement specifies by how much. If your tenancy agreement does not include such a term, your landlord cannot legally raise your rent when an additional occupant moves in. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section13 section 13] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section40 section 40] of the ''Residential Tenancy Act (RTA)'' for more information.
Your landlord has to pay you back the cost of the emergency repairs if you followed the process required by the ''Residential Tenancy Act''. Give the landlord a copy of your receipts and any information you wrote down. Keep the original receipts for yourself. If your landlord doesn't pay you back, you can deduct the money from your rent. You may want more money from the landlord for other expenses; for example, if your things have been damaged in a flood that was the landlord's fault. If you and your landlord cannot agree on fair compensation, you can apply for dispute resolution at the Residential Tenancy Branch.


===Residential Tenancy Branch permission===
===If your landlord doesn't agree===


Your landlord can apply to the Residential Tenancy Branch (RTB) for an additional rent increase above the allowable annual percentage. Arbitrators will only allow these additional rent increases in exceptional circumstances, listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section23 section 23] of the ''Residential Tenancy Regulation (RTR)''.  
Your landlord may not agree to pay you back. The landlord may say that it wasn't an emergency, or that the repairs cost too much. If this happens, your landlord can apply for dispute resolution. You will have to let a arbitrator decide. If the landlord wins, you might have to pay some or all of the money back.


The application fee for landlords is $300, plus $10 for each rental unit, to a maximum of $600. If your landlord applies for an additional rent increase, you will be served with a package of hearing documents, including the evidence they have submitted. As the respondent, you will have a chance to speak during the hearing and submit evidence that challenges your landlord’s application. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl37.pdf Policy Guideline 37] for more information.
===You should have tenant insurance===


'''Geographic rent increases:''' For years, landlords had the right to apply for an additional rent increase when a rental unit’s rent was significantly lower than other similar units in the same geographic area. Fortunately, the RTR has now been amended to eliminate geographic rent increases.
Your landlord cannot make you buy tenant insurance unless it is a term in your tenancy agreement. However, you should have insurance to cover damage to your belongings if, for example, there is unforeseen damage from a fire or flood. Tenant insurance is also a good idea because it will usually pay for a hotel if there is damage that prevents you from staying at your place. Your landlord is responsible for repairing damage to your unit but is not always responsible for the cost of your belongings.


===Non-profit housing===
===When you're unsure===


Some subsidized rental units where rent is related to income may be exempt from the rent increase rules in the ''RTA''. If you live in a subsidized rental unit, ask your housing provider about the rent increase rules that apply to you. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section2 section 2] of the ''RTR'' for more information.
If you're not sure that your situation is an emergency, phone the [http://www.clicklaw.bc.ca/helpmap/service/1085 TRAC Tenant Information Line] or the [[Residential Tenancy Branch]]. Follow all the steps required by regulation and get the work done as inexpensively as possible by someone who is qualified to do the work, or you might have to pay!


==Legislation and links==
==Legislation and links==
Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Special:MobileDiff/40852"