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| {{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:''' check if your municipality has a “Standards of Maintenance” or “Good Neighbour” Bylaw. If so, you might be able to have a Bylaw Officer investigate your repair and maintenance concerns. |
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| == Landlord and tenant responsibilities ==
| | '''DO NOT:''' ignore any repair and maintenance issues you encounter. If the problem gets worse, you could be held responsible for at least some of the associated costs. |
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| ===The landlord's responsibilities=== | | ==Landlord repair and maintenance responsibilities== |
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| 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.
| | [[File:noisy neighbors.jpg | right | frame | link= ]] |
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| [[File:Services while renting.png | right | frame | link= ]] | | According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section32 section 32(1)] of the ''Residential Tenancy Act (RTA)'', rental properties must comply with health, safety, and housing standards required by law. Landlords are generally responsible for the following repair and maintenance issues: |
| ''Your landlord is responsible for repairing:'' | | * heating; |
| *heating, | | * plumbing; |
| *plumbing, | | * electricity; |
| *electricity, | | * locks; |
| *locks, | | * light fixtures in common areas; |
| *walls, floors and ceilings (including water leaks or holes), | | * walls, floors, and ceilings; |
| *fire doors and fire escapes, | | * fire doors and fire escapes; |
| *intercoms, and | | * smoke detectors; |
| *elevators. | | * intercoms; |
| | * elevators; |
| | * painting at reasonable intervals; |
| | * routine yard maintenance, such as cutting grass and clearing snow, in multi-unit residential complexes; |
| | * infestations and pests, such as bed bugs; |
| | * serious mold issues; and |
| | * anything included in your tenancy agreement, such as the: |
| | ** fridge |
| | ** stove |
| | ** laundry facilities |
| | ** security system |
| | ** furniture |
| | ** garage |
| | ** storage facilities |
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| Anything included in your rent must also be maintained. For example, your landlord is responsible for repairing:
| | When something needs to be fixed in your rental unit, let your landlord know in writing as soon as possible. If you delay and the problem gets worse, you could be held responsible for at least some of the associated costs – even if the original problem was not your fault. For example, if you do not immediately report bed bugs and the infestation spreads, you may have to pay for at least some of the treatment. |
| *fridge and stove,
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| *laundry facilities,
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| *furniture included in your rent, and
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| *garages and storage sheds.
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| 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. | | It is important to document the repair issue and your attempts to contact your landlord. If your landlord refuses to fix the problem, you will have to apply for dispute resolution through the Residential Tenancy Branch. Having evidence that shows the issue, and that you informed your landlord of the issue – such as letters, photos, videos, and witnesses – will increase your chances of obtaining an order requiring your landlord to make the repair. You can also apply for monetary compensation from your landlord for ignoring your request, as well as a rent reduction until the repair has been completed. |
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| ===Your responsibilities=== | | ==Tenant repair and maintenance responsibilities== |
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| 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.
| | According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section32 section 32(2)] of the ''Residential Tenancy Act (RTA)'', you have a legal responsibility to maintain reasonable health, cleanliness, and sanitary standards in your rental unit. Tenants are generally responsible for the following repair and maintenance issues: |
| | * reasonable maintenance of carpets during the tenancy; |
| | * steam cleaning or shampooing the carpets at the end of tenancies lasting one year or longer; |
| | * steam cleaning or shampooing the carpets at the end of tenancies of any length involving pets or smoking; |
| | * cleaning marks on the walls; |
| | * removal of garbage from the rental unit; |
| | * replacing light bulbs; |
| | * routine yard maintenance, such as cutting grass and clearing snow, if you have exclusive use of the yard; |
| | * minor mold issues; and |
| | * repairing excessive damage from nail holes. |
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| == Getting repairs done or services back ==
| | See your tenancy agreement and Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf Policy Guideline 1] for more information. |
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| ===If a repair is needed===
| | '''Improving your rental unit:''' If you want to make changes to your rental unit, such as painting the walls, ask your landlord for written consent. Making changes without permission could result in you owing your landlord some money, or having to restore the unit back to its original condition before moving out. |
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| 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.
| | '''Wear and tear:''' Even the most well-behaved and respectful tenants can live in rental units that start falling apart due to old age. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section32 section 32(4)] of the RTA, you are not responsible for wear and tear that results from reasonable use of your rental unit. However, there is a difference between “reasonable wear and tear” and “damage”. Reasonable wear and tear refers to deterioration due to aging or other natural forces. If you, your guests, or your pets cause damage beyond wear and tear, such as a broken window, you are responsible for that damage. Contact your landlord and work out a solution for how the repair will be completed. In most cases, your landlord will ask for money to hire a qualified professional. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf Policy Guideline 1] for more information. |
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| ===If a service is taken away=== | | ==Emergency repairs== |
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| 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.
| | For a repair to be considered an “emergency” as defined by [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''Residential Tenancy Act (RTA)'', it must be all three of the following: |
| | # urgent; |
| | # necessary for the health or safety of people or property; and |
| | # made for the purpose of repairing one of the following: |
| | #* major leaks in pipes or the roof |
| | #* damaged or blocked water or sewer pipes or plumbing fixtures |
| | #* the primary heating system |
| | #* damaged or defective locks that give access to a rental unit |
| | #* the electrical systems |
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| ===Improving your place===
| | Your landlord is required to give you an emergency contact number in writing, or post it in a common area of your building. If your situation meets the ''RTA'' definition of an “emergency”, try calling the emergency contact number at least twice, leaving a reasonable amount of time in between each attempt. |
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| 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. | | If you are unable to reach the emergency contact person, you have the right to cover the cost of the repair and ask your landlord to pay you back. If you choose this option, do your best to find a fair price by researching multiple companies. To reduce the chances of a future dispute with your landlord, make sure to keep copies of your research efforts, receipts, and related written communication. |
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| ===Don't hold back your rent===
| | '''Dispute resolution:''' Taking on emergency repairs can be complicated and expensive. If you do not have the money or time to deal with the repairs yourself, or you are worried that you may not follow the proper steps, apply for dispute resolution to request an emergency repair order. The Residential Tenancy Branch considers emergency repairs a top priority when scheduling hearings. |
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| 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.
| | ==Standards of Maintenance== |
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| ===Send a letter===
| | The ''Residential Tenancy Act (RTA)'' is the most important law for you to understand, but it is not the only law that applies to tenants and landlords in BC. This is especially true when it comes to repairing and maintaining rental properties. Although the ''RTA'' states in general terms that landlords must comply with health, safety, and housing standards required by law, it does not do a good job of explaining what that means. |
| If your landlord doesn't do the repairs or give back the service, send a letter. The demand letter should say:
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| #the address where you live,
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| #what needs fixing, and
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| #the date you want it fixed by.
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| 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.
| | For a more detailed description of your landlord’s legal responsibility to repair and maintain your rental property, you will need to research one of your City’s bylaws – usually referred to as a “Standards of Maintenance” or “Good Neighbour” bylaw. These local laws go into greater detail than the ''RTA'' on heating systems, hot water, infestations, exterior walls, roofing, elevators, fire escapes, etc. If your landlord is refusing to make certain repairs, your City might be willing to send a Bylaw Officer to inspect your property, issue warnings and fines to your landlord, or otherwise enforce the bylaw. Alternatively, the bylaw could be used as evidence for a repair order at a Residential Tenancy Branch (RTB) dispute resolution hearing. |
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| ====Sample demand letter====
| | Unfortunately, not all Cities have Standards of Maintenance / Good Neighbour bylaws, and some City bylaws are better than others. For a list of such bylaws from around the province, visit TRAC’s webpage on [https://tenants.bc.ca/repairs-and-maintenance Repairs and Maintenance]. |
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| :''June 5, 2013''<br>
| | '''Illegal Secondary Suites:''' If your City finds out that you live in an illegal secondary suite, they could force your landlord to evict you by using a One Month Eviction Notice for Cause under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47(1)(k)] of the ''RTA''. For this reason, if your landlord refuses to make repairs to your illegal suite, your safest legal option may be to apply for a repair order through the RTB. Illegal secondary suites are covered under the ''RTA'' and the RTB will not inform your City that you are living in one. |
| :''Penny Saved'' <br> | |
| :''Big Property Management Co. Ltd.'' <br> | |
| :''1234 Main Street'' <br>
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| :''Anytown, B.C.''
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| :''Dear Ms. Saved:''<br>
| | ==Services and facilities== |
| :''Re: My apartment at 201-4567 North Main Street''
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| :''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.''
| | ===Essential services and facilities=== |
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| :''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.'' | | Your landlord cannot reduce or restrict any service or facility that is essential and necessary to your rental unit and, if taken away, would make it impossible or impractical for you to live there. An example of an essential service may be an elevator in a multi-storey apartment building. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section27 section 27(1)] of the ''Residential Tenancy Act (RTA)'' and Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl22.pdf Policy Guideline 22] for more information. |
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| :''Thank you. Sincerely,''<br>
| | If you have a problem with an essential service or facility, ask your landlord in writing to correct the situation. If that does not work, apply for dispute resolution for an order requiring your landlord to restore the essential service or facility. You can also apply for monetary compensation from your landlord for ignoring your request, as well as a rent reduction until the service or facility has been restored. |
| :''Teresa Tenant''
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| You can also use [http://tenants.bc.ca/template-letters/ TRAC's template demand letters].
| | Alternatively, if the issue meets the ''RTA definition'' of “emergency repair” – for example, the primary heating system breaks during the winter – you can consider following the emergency repair procedures described in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''RTA''. |
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| ===Dispute resolution for repairs and services=== | | ===Non-essential services and facilities=== |
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| When you take your landlord to a dispute resolution hearing for non-emergency repairs or services, the arbitrator can:
| | Your landlord has the option to reduce or restrict non-essential services or facilities, but only if they provide 30 days written notice on an approved form and reduce your monthly rent by an amount equal to the value of the service or facility. For example, if internet was always provided as part of your tenancy agreement but has now been cancelled by your landlord, your rent should be reduced by the cost of a comparable internet package. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section27 section 27(2)] of the ''RTA'' for more information. |
| *order your landlord to do the repairs or restore the service,
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| *order your landlord to lower your rent until the repairs are done or the service is restored,
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| *give you permission to pay for the repairs yourself and to deduct the cost of the repair from your next month's rent, or
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| *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."
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| ''See section 65 of the [[Residential Tenancy Act|RTA]].''
| | If your landlord reduces or restricts a non-essential service or facility without providing 30 days written notice and a rent reduction, do not withhold rent. Instead, you will have to resolve the problem by writing your landlord and explaining the law, or applying for dispute resolution for an order that they comply with your tenancy agreement. |
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| 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. | |
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| ===Proof of the problem===
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| 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.
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| ===Calling a municipal building inspector===
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| 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
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| maintenance bylaws. See the section on [[Taking Action as a Tenant|Taking Action]].
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| ===Building inspections in Vancouver===
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| 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.
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| ===Repairs and "illegal" suites===
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| 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.
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| 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.
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| ===Pest control===
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| 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.
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| ===Mold===
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| 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.)
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| == Emergency repairs ==
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| 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:
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| *major leaks in pipes,
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| *damaged or blocked water or sewer pipes,
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| *electrical systems,
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| *in a rental unit, major leaks in the roof, damaged or defective locks, damaged or blocked plumbing fixtures or the primary heating system, or
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| *in prescribed circumstances, a rental unit, residential property, a manufactured home site or manufactured home park.
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| ''See section 33 of the [[Residential Tenancy Act|RTA]].''
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| ===Contact your landlord===
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| 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.
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| ===What if repairs are not done?===
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| You are allowed to pay someone else to do the repairs only if:
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| *you talk to the emergency contact person and the landlord still does not do the repairs within a reasonable time, ''or''
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| *you cannot reach the contact person after two tries.
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| 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.
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| ===Getting money back===
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| 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.
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| ===If your landlord doesn't agree===
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| 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.
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| ===You should have tenant insurance===
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| 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.
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| ===When you're unsure===
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| 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!
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| ==Legislation and links== | | ==Legislation and links== |
