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{{LSLAP Manual TOC|expanded = landlord}}
The RTA sets out the rights and obligations of landlords and tenants. When a tenancy starts, there should be a tenancy agreement in place. A tenancy agreement means an agreement, whether written or oral, express or implied, between a landlord and a tenant, respecting possession of a rental unit, use of common areas and services and facilities. It also includes a licence to occupy a rental unit. Each landlord must prepare a written tenancy agreement that complies with the RTA. However, even if the landlord does not apply to living accommodation occupied primarily as vacation prepare such a written tenancy agreement, the tenant is still protected by all the standard terms contained in the Residential Tenancy Regulations. Rights and obligations specified by the RTA cannot be waived or contracted out by the landlord or travel accommodation (s 4(e))tenant.
4. Twenty-Year Term Section 4(i) of the RTA provides that the RTA does not apply to a tenancy agreement for a term of over 20 years. 5. Holiday Premises Section 4(e) of the RTA provides that the RTA does not apply to living accommodation occupied primarily as vacation or travel accommodation 6. Manufactured Home Owners The RTA does not apply to tenancy agreements to which the Manufactured Home Park Tenancy Act applies, i.e. owners of manufactured homes who rent the site on which their homes sit (RTA, s 4(j)). If a person rents both a manufactured home and the pad it sits on, he or she is covered by the RTA. 7. Assisted and Supported Living Tenancies Assisted and many supported living tenancies may not be covered by the RTA. In addition to a tenancy agreement as required for regular tenancies, residents must negotiate and sign a separate agreement specifying services, costs, and other terms. Section 4(g) of the RTA excludes community care facilities governed by the Community Care and Assisted Living Act, the Continuing Care Act, hospitals governed by the Hospital Act, some health facilities designated under the Mental Health Act, and others. 8. Emergency Shelter and Transitional Housing Section 4 (f) of the RTA states that the RTA does not apply to accommodation “provided for emergency shelter or transitional housing.” The Residential Tenancy Regulations were updated on December 2016 to include a three-part definition of transitional housing. According to s.1 of the Regulations, "transitional housing” means living accommodation that is provided: • On a temporary basis; • By a person or organization that receives funding from a local government or the government of British Columbia or of Canada for the purpose of providing that accommodation; and • Together with programs intended to assist tenants to become better able to live independently. Any accommodation must satisfy all three of these criteria to be excluded from the Act, even if a transitional housing agreement has been signed. '''Policy Guideline 46: Emergency Shelters, Transitional Housing, Supportive Housing''' defines “emergency shelter” as “a facility that provides temporary overnight shelter to homeless individuals”. Residents of these shelters “may have an immediate need for support services” such as nutrition, hygiene, and health services, and “may be required to abide by house rules as a condition of their stay”. 9. Residential Tenancy Branch Information Line & Additional Information • Call the Residential Tenancy Branch information line (604-660-1020 or 1-800-665-8779) if you are unsure whether the rental unit comes under the RTA. • If your issue does not fall under the RTA, please see '''Section XX''' of this Chapter for additional resources. '''C. Discrimination Against Tenants''' Although poverty is not a protected ground, a landlord must not discriminate against a (prospective) tenant based on a lawful source of income, such as Income Assistance or similar benefits. The prospective tenant may file a human rights complaint under the B.C. Human Rights Code, RSBC 1996, c. 210 [HRC]. Section 10(1) of the HRC also prohibits a person from denying tenancy or from discriminating with respect to a term of the tenancy against a person or class of persons because of their race, sexual orientation, colour, ancestry, place of origin, religion, marital status, physical or mental disability, or sex. Note also, that pets are not covered under discrimination rules. See '''Chapter 6: Human Rights''' for more information. There are two exceptions: 1. Shared Accommodations The law does not always apply when kitchen and bathroom facilities are shared with the owner of that accommodation. 2. Adults Only A landlord cannot refuse to rent to adults because they have children unless the building or manufactured home park is reserved for people over 55 years old. '''D. Foreign Students''' Foreign students should consider how long they plan on studying before signing a fixed-term lease. Students should not sign a fixed-term tenancy that exceeds the time they plan to study. Signing a fixed-term tenancy that extends beyond one’s intended study period can put a tenant into breach and may result in having to pay liquidated damages and/or any loss of rent incurred by the landlord. Many foreign students have problems getting back their damage security deposits, as some landlords take advantage of the fact the students will be returning overseas after their tenancy ends. As a result, students should make arrangements to appoint someone as their agent if they have to head overseas and have not received their deposits from their ex-landlords.
Some foreign students take furnished rooms by paying “take-over fees” to purchase the furniture and continue the rental agreement. The initial tenancy agreement may have been “taken over” by a dozen students in a row, leading to confusion about who is entitled to the security deposit or the furniture.