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→Are you covered by the law?
==Are you covered by the law?==
''Not all renters are protected by the [[Residential Tenancy Act]]''. If your name is on a tenancy agreement as a tenant and you pay rent to a landlord who does not live with you, then you are likely considered a tenant and protected by the ''[[Residential Tenancy Act]]''. If you do not have rights under the Act, you may have rights under contract law. For example, you may be able to take your landlord or roommates to a hearing in Small Claims Court to get money back from them. You can only apply for dispute resolution through the [[Residential Tenancy Branch ]] if you are covered by the ''[[Residential Tenancy Act]''.
'''Roommates''': If you share a place with the owner you are not covered by the ''[[Residential Tenancy Act]]''.
'''Rooming houses''': If you live in a rooming house and do not share bathroom or kitchen facilities with the owner you are protected by the ''[[Residential Tenancy Act]]''.
'''Hotels''': Hotel tenants are protected by the ''[[Residential Tenancy Act]]'' if the hotel is the tenant's primary residence.
'''Manufactured homes (mobile homes)''': If you rent both a manufactured home and the pad it sits on, you have the same legal rights as other tenants. But if you own a manufactured home and rent only the pad, the ''[[Manufactured Home Park Tenancy Act]]'' has special rules for you. This guide does not cover those rules. Phone the Residential Tenancy Branch for more information (see the [[Other Resources for Tenants|Other Resources]] section or look at the legislation on their website at [http://www.rto.gov.bc.ca www.rto.gov.bc.ca].
'''Non-profit housing''': If you live in non-profit or subsidized housing, you are protected by the ''[[Residential Tenancy Act]]''. This includes tenants living in single room occupancy hotels (SRO) operated by a non-profit society, municipality, or regional district. However, if your rent is based on your income different rules regarding rent increases and evictions may apply.
The ''[[Residential Tenancy Act]]'' does not apply to:
*people living in accommodations owned or operated by educational institutions if the institution provides the accommodation to its students or employees;
*if you live in a housing co-op and are a member of the co-op;
*people in jail;
*living accommodation rented under an agreement with a term of 20 years or more;
*people living in care facilities that fall under the ''[http://canlii.ca/en/bc/laws/stat/sbc-2002-c-75/latest/sbc-2002-c-75.html Community Care Facility and Assisted Living Act]'', the ''[http://canlii.ca/en/bc/laws/stat/rsbc-1996-c-70/latest/rsbc-1996-c-70.html?searchUrlHash=AAAAAQATY29udGludWluZyBjYXJlIGFjdAAAAAAB Continuing Care Act]'', the ''[http://canlii.ca/en/bc/laws/stat/rsbc-1996-c-200/latest/rsbc-1996-c-200.html?searchUrlHash=AAAAAQAMaG9zcGl0YWwgYWN0AAAAAAE Hospital Act]'', or the ''[http://canlii.ca/en/bc/laws/stat/rsbc-1996-c-288/latest/rsbc-1996-c-288.html?searchUrlHash=AAAAAQARbWVudGFsIGhlYWx0aCBhY3QAAAAAAQ Mental Health Act]''.
There are other situations when the Act does not apply.