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Difference between revisions of "Entering a Tenancy"
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{{DEMOWARNING}} | {{DEMOWARNING}} | ||
{{Tenant Survival Guide TOC}} | {{Tenant Survival Guide TOC}} | ||
''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 a tenancy agreement that you do not understand or have fully read. | |||
==Protect yourself== | |||
==Protect | |||
The ''[[Residential Tenancy Act]]'' requires that your landlord provide you with 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 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 agreement. | The ''[[Residential Tenancy Act]]'' requires that your landlord provide you with 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 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 agreement. | ||
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'''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. | '''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 == | == 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. | 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. | ||
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===Illegal parts of a tenancy agreement=== | ===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 | 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 == | == Pets == | ||
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===Guide dogs=== | ===Guide dogs=== | ||
If you have an assistance animal covered by the [http://canlii.ca/en/bc/laws/stat/rsbc-1996-c-177/latest/rsbc-1996-c-177.html?searchUrlHash=AAAAAQAQZ3VpZGUgYW5pbWFsIGFjdAAAAAAB ''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''. | If you have an assistance animal covered by the [http://canlii.ca/en/bc/laws/stat/rsbc-1996-c-177/latest/rsbc-1996-c-177.html?searchUrlHash=AAAAAQAQZ3VpZGUgYW5pbWFsIGFjdAAAAAAB ''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) == | == Leases (fixed-term tenancies) == | ||
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===Changing agreements=== | ===Changing agreements=== | ||
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-tomonth 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. | 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-tomonth 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 and paying rent == | == Deposits and paying rent == | ||
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*Keep your receipts and cancelled cheques in a safe place. You might need them later. | *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. | *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. | ||
{{Tipsbox | {{Tipsbox | ||
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Once you give the 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 of the problem or ask a health inspector to come to the place. If you need repairs right away, you can take the landlord to dispute resolution. | Once you give the 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 of the problem or ask a health inspector to come to the place. If you need repairs right away, you can take the landlord to dispute resolution. | ||
}} | }} | ||
== Condition when you move in == | == Condition when you move in == | ||
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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 shutting | 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 shutting | ||
down 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. | down 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. | ||
{{Tipsbox | {{Tipsbox | ||
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*the agreement says the same things you and your landlord agreed to when you spoke (if you don’t put it in writing, it is not part of the agreement, | *the agreement says the same things you and your landlord agreed to when you spoke (if you don’t put it in writing, it is not part of the agreement, | ||
*you get a copy of the agreement right away (in case you need proof). | *you get a copy of the agreement right away (in case you need proof). | ||
==Legislation and links== | ==Legislation and links== | ||
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*RTB [http://www.rto.gov.bc.ca/documents/RTB-1.pdf Manufactured Home Site Tenancy Agreement] | *RTB [http://www.rto.gov.bc.ca/documents/RTB-1.pdf Manufactured Home Site Tenancy Agreement] | ||
*RTB [http://www.rto.gov.bc.ca/documents/RTB-27.pdf Condition Inspection Report] | *RTB [http://www.rto.gov.bc.ca/documents/RTB-27.pdf Condition Inspection Report] | ||
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2012}} | {{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2012}} | ||