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Difference between revisions of "Renting a Home"
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When you rent a place to live, you are a renter, also known as a '''tenant'''. If you own a home or apartment and you rent it to someone else, you are a '''landlord'''. | When you rent a place to live, you are a renter, also known as a '''tenant'''. If you own a home or apartment and you rent it to someone else, you are a '''landlord'''. | ||
You must follow BC laws about renting if you are a tenant or a landlord. A government office is responsible for making sure landlords and tenants follow these laws. It’s called the Residential Tenancy Branch. | You must follow BC laws about renting if you are a tenant or a landlord. A government office is responsible for making sure landlords and tenants follow these laws. It’s called the [https://gov.bc.ca/landlordtenant Residential Tenancy Branch]. | ||
===The laws in play=== | ===The laws in play=== | ||
The main law that sets out the rules for tenants and landlords is called the ''Residential Tenancy Act''. There are more rules in another law called the Residential Tenancy Regulation. | The main law that sets out the rules for tenants and landlords is called the [https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/189289/sbc-2002-c-78.html ''Residential Tenancy Act'']. There are more rules in another law called the [https://www.canlii.org/en/bc/laws/regu/bc-reg-477-2003/latest/bc-reg-477-2003.html Residential Tenancy Regulation]. | ||
===There are supports available=== | ===There are supports available=== | ||
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TRAC has an online course for first-time tenants at [https://rentingitright.ca/ rentingitright.ca]. In it, you’ll learn how to search for housing, put together a strong rental application, and safely sign a contract about your tenancy with the landlord. | TRAC has an online course for first-time tenants at [https://rentingitright.ca/ rentingitright.ca]. In it, you’ll learn how to search for housing, put together a strong rental application, and safely sign a contract about your tenancy with the landlord. | ||
You can also find answers to common questions tenants have at [ | You can also find answers to common questions tenants have at [peopleslawschool.ca/renting peopleslawschool.ca/renting]. | ||
==Looking for a place== | ==Looking for a place== | ||
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When you find a suitable place to rent, you and the landlord make a contract. This is a binding legal agreement. A contract between a tenant and landlord is called a '''tenancy agreement'''. | When you find a suitable place to rent, you and the landlord make a contract. This is a binding legal agreement. A contract between a tenant and landlord is called a '''tenancy agreement'''. | ||
A tenancy agreement must follow the rules about renting in the ''Residential Tenancy Act'' and Regulation. It must be in writing. The Residential Tenancy Branch has a '''residential tenancy agreement''' form at [https:// | A tenancy agreement must follow the rules about renting in the ''Residential Tenancy Act'' and Regulation. It must be in writing. The Residential Tenancy Branch has a '''residential tenancy agreement''' form at [https://gov.bc.ca/landlordtenant gov.bc.ca/landlordtenant] that you and the landlord can use. | ||
The agreement will say how much the rent is and when you must pay it. The agreement should also include what the law says about such things as '''security deposits''', rent increases, and repairs. | The agreement will say how much the rent is and when you must pay it. The agreement should also include what the law says about such things as '''security deposits''', rent increases, and repairs. | ||
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As well, the landlord must use a special form called '''notice of rent increase'''. And they must give you this notice three full months before they can increase the rent. | As well, the landlord must use a special form called '''notice of rent increase'''. And they must give you this notice three full months before they can increase the rent. | ||
For more on rent increases, see the Residential Tenancy Branch at [https:// | For more on rent increases, see the Residential Tenancy Branch at [https://gov.bc.ca/landlordtenant gov.bc.ca/landlordtenant] and TRAC at [https://tenants.bc.ca/ tenants.bc.ca]. | ||
===Repairs=== | ===Repairs=== | ||
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If something needs to be fixed, ask your landlord to make the repairs. It’s a good idea to do this in writing and keep a copy of the letter. | If something needs to be fixed, ask your landlord to make the repairs. It’s a good idea to do this in writing and keep a copy of the letter. | ||
If the landlord doesn’t make the repairs, contact the Residential Tenancy Branch at [https:// | If the landlord doesn’t make the repairs, contact the Residential Tenancy Branch at [https://gov.bc.ca/landlordtenant gov.bc.ca/landlordtenant] or TRAC at [https://tenants.bc.ca/ tenants.bc.ca]. | ||
Another option may be to contact your municipality. Many towns and cities have rules (or '''bylaws''') about keeping rental suites safe and healthy. You can contact your local city hall to ask them about these rules. They may be able to send an '''inspector'''. An inspector can check your place for free and tell the landlord to do the repairs. | Another option may be to contact your municipality. Many towns and cities have rules (or '''bylaws''') about keeping rental suites safe and healthy. You can contact your local city hall to ask them about these rules. They may be able to send an '''inspector'''. An inspector can check your place for free and tell the landlord to do the repairs. | ||
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Either you or the landlord can apply for dispute resolution. The process involves a hearing — like a court hearing, but less formal. It’s usually held by teleconference. An independent decision-maker makes a decision in your situation based on the law. You need to have evidence in support of your claims. You and the landlord must follow the decision. | Either you or the landlord can apply for dispute resolution. The process involves a hearing — like a court hearing, but less formal. It’s usually held by teleconference. An independent decision-maker makes a decision in your situation based on the law. You need to have evidence in support of your claims. You and the landlord must follow the decision. | ||
To learn more about how dispute resolution works, see the Residential Tenancy Branch at [https:// | To learn more about how dispute resolution works, see the Residential Tenancy Branch at [https://gov.bc.ca/landlordtenant gov.bc.ca/landlordtenant] and TRAC at [https://tenants.bc.ca/ tenants.bc.ca]. | ||
==Ending a tenancy== | ==Ending a tenancy== | ||
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You may disagree with the reason the landlord is evicting you. For example, you don’t think you’re too noisy, or you don’t have too many people living in your place. If you want to try to stop an eviction, you can '''dispute''' the notice. You can apply to the Residential Tenancy Branch to ask an arbitrator to decide. The eviction form will say how much time you have to do that. | You may disagree with the reason the landlord is evicting you. For example, you don’t think you’re too noisy, or you don’t have too many people living in your place. If you want to try to stop an eviction, you can '''dispute''' the notice. You can apply to the Residential Tenancy Branch to ask an arbitrator to decide. The eviction form will say how much time you have to do that. | ||
If you get an eviction notice, you should ask for help or advice as soon as you can. Contact the Residential Tenancy Branch at [https:// | If you get an eviction notice, you should ask for help or advice as soon as you can. Contact the Residential Tenancy Branch at [https://gov.bc.ca/landlordtenant gov.bc.ca/landlordtenant] or TRAC at [https://tenants.bc.ca/ tenants.bc.ca]. | ||
===Getting your security deposit back=== | ===Getting your security deposit back=== | ||
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To complete the sale, you need to prepare documents that transfer legal ownership from the seller to you. Most people hire a lawyer or notary public to help with this. Your real estate agent may be able to suggest one for you. Or you can search online or in your local phone book. | To complete the sale, you need to prepare documents that transfer legal ownership from the seller to you. Most people hire a lawyer or notary public to help with this. Your real estate agent may be able to suggest one for you. Or you can search online or in your local phone book. | ||
People’s Law School has more in-depth information about buying a home at [https://www.peopleslawschool.ca/ peopleslawschool.ca]. | People’s Law School has more in-depth information about buying a home at [https://www.peopleslawschool.ca/buying-home/ peopleslawschool.ca]. | ||
===Owning a home and bylaws=== | ===Owning a home and bylaws=== | ||
When you own your home, many laws that come into play are made by your city or town. These are called '''bylaws'''. They deal with safety and health issues and allowable uses of the property. They set out rules for things like fences, trees, noise, parking, and pets. | When you own your home, many laws that come into play are made by your city or town. These are called '''bylaws'''. They deal with safety and health issues and allowable uses of the property. They set out rules for things like fences, trees, noise, parking, and pets. | ||
For more information on these topics, visit the neighbours section on the People’s Law School website at [https://www.peopleslawschool.ca/ peopleslawschool.ca]. | For more information on these topics, visit the neighbours section on the People’s Law School website at [https://www.peopleslawschool.ca/category/home-neighbours/neighbours/ peopleslawschool.ca]. | ||
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