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Evictions

2024-08-28T21:36:44Z

Andrew Sakamoto: /* Four Month Eviction Notices */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' dispute eviction notices within the required timelines. Failing to do so means that, from a legal standpoint, you are accepting the end of your tenancy and agreeing to move out.

'''DO NOT:''' let a landlord illegally kick you out of your rental unit. Only a court-approved bailiff can physically remove you and your possessions.

==Types of evictions==

[[File:Tenant being evicted.jpg | right | frame | link= ]]

An eviction occurs when a landlord legally forces a tenant to move out of a rental unit. If your landlord wants to evict you, they must give you an approved notice with an acceptable reason for eviction according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

There are four main types of eviction notices:
# 10 Day Notice for Non-Payment of Rent;
# One Month Notice for Cause;
# Two Month Notice for Landlord’s Use of Property; and
# Four Month Notice for Landlord’s Use of Property.

==10 Day Notice for Non-Payment of Rent==

Your landlord can evict you for not paying rent, even if you are only a few dollars short or one day late. If you receive A 10 Day Eviction Notice, you have five days to pay up in order to cancel the eviction. Alternatively, if your landlord is lying, you have five days to apply for dispute resolution so that you can prove to an arbitrator that you did in fact pay your full rent on time. If you choose neither of those options within five days of receiving the eviction notice, you will be expected to move out by the 10th day. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)'' for more information.

'''Direct Request:''' A 10 Day Eviction Notice is the most serious of the four types of evictions. If you do not pay your rent or apply for dispute resolution within five days of receiving the notice, your landlord can use the Residential Tenancy Branch’s “Direct Request” process to quickly obtain an Order of Possession without even participating in a dispute resolution hearing.

'''Utilities:''' If you fail to pay for utilities charges you owe, your landlord can give you a 10 Day Eviction Notice, but only after giving you 30 days written notice demanding payment.

'''No excuses:''' The ''RTA'' does not have any “hardship” provisions. This means that you can be evicted from your home even if you have a disability, lose your job, or it’s winter. In addition, being evicted for non-payment of rent does not relieve you of your responsibility to pay the full rent for that month. If you are evicted by the 11th day of the month, your landlord could still go after you for the entire month of rent.

==One Month Notice for Cause==

The most common reasons for receiving a One Month Eviction Notice are:
* unreasonably disturbing your landlord or other occupants;
* repeatedly paying rent late;
* seriously damaging your rental unit or building;
* not fixing or paying for damage caused by you, your guests, or your pets;
* causing danger to your landlord or other occupants;
* having too many occupants living in your rental unit;
* engaging in illegal activity that negatively affects your rental unit, building, landlord, or other occupants; and
* breaching a “material term” (serious rule) of your tenancy agreement and ignoring a written warning from your landlord.

There are other less common reasons for receiving a One Month Eviction Notice. For a full list, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''Residential Tenancy Act (RTA)''.

If you feel that your landlord has unfairly given you a One Month Eviction Notice, you have 10 days to challenge the notice by applying for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

'''Repeated late payment of rent:''' You can receive a One Month Eviction Notice if you pay rent late at least three times within an unreasonable short period. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.

'''Occupant limit:''' Your tenancy agreement may limit the number of permanent occupants allowed in your rental unit. If so, your landlord would have a strong case for eviction if you exceeded the maximum. However, even if your tenancy agreement does not include a term about the occupant limit, your landlord can still give you 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)(c)] of the ''RTA'' if they believe you have moved in an unreasonable number of roommates.

===Move out date===

If you do not dispute your eviction, you have until the last day of the next month to move out (assuming you pay rent on the 1st of the month). For example, if you receive a One Month Eviction Notice on March 5th, you would have to move out by April 30th. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure they understand that you are not illegally overholding the rental unit.

===Early eviction===

If you are causing extremely serious problems, your landlord can ask the RTB for permission to evict you before a One Month Eviction Notice would take effect. Your landlord is not required to give you an eviction notice before applying for this type of dispute resolution hearing. However, they must provide you with notice of the hearing so that you have a chance to present evidence and defend yourself to an arbitrator.

If an arbitrator determines that it would be unreasonable or unfair to the landlord or other occupants of your building to wait for a One Month Eviction Notice to take effect, your landlord will be given an Order of Possession to take back your rental unit on an earlier date. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section56 section 56] of the ''RTA'' for more information.

==Landlord's Use of Property Eviction Notices==

===Two Month Eviction Notice===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49.1 section 49.1] of the ''Residential Tenancy Act (RTA)'', you may receive a Two Month Eviction Notice if you no longer qualify for your subsidized rental unit.

If you would like to challenge a Two Month Eviction Notice, you have 15 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

===Four Month Eviction Notices===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA'', you may receive a Four Month Eviction Notice if:

* your landlord, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of your landlord, wants to occupy your rental unit;
**Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
* your rental unit was sold and the purchaser, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of the purchaser, wants to occupy your rental unit;
** Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
** Exception: the notice period is three months for this type of “landlord’s use” eviction
* your landlord plans to demolish a rental unit;
* your landlord plans to convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';
* your landlord plans to convert the residential property into cooperative housing under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/99028_01 Cooperative Association Act]'';
* your landlord plans to convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or
* your landlord plans to convert a rental unit to a non-residential use.

If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice. For example, if the landlord is claiming their mother will be moving into your unit, they should be able to provide evidence such as verbal testimony or a sworn statement from the mother.
* Exception: the dispute period is 21 days for “landlord’s use” evictions where the rental unit was sold and the purchaser, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of the purchaser, intends in good faith to occupy the rental unit.

For evictions related to personal occupancy or caretaker use, landlords are required to use a [https://logon7.gov.bc.ca/clp-cgi/capBceid/logon.cgi?flags=1001:1,8&TYPE=33554433&REALMOID=06-43f45bcb-a1a4-4e9b-bc1f-639c46ca6cd1&GUID=&SMAUTHREASON=0&METHOD=GET&SMAGENTNAME=$SM$yqhwjVFjDpU%2f5HRAoNIfv65TfmWyYzWfxZIfYiXBAlqsdl3%2bDnKhpmaoehgbosRKCj0Nk27gBqGn6%2fJXTkEOA6aLUP%2bhw8dO&TARGET=$SM$https%3a%2f%2ftenancydispute%2egov%2ebc%2eca%2fLandlordUse%2fLogin web portal] on the RTB website to generate an eviction notice.

'''Evictions for renovations:''' The ''RTA'' also allows landlords to evict tenants, with four months’ notice, for major renovations that require a unit to be empty for an extended period. However, unlike other types of evictions, the landlord is required to apply for a dispute resolution hearing through the RTB, rather than serve an eviction notice on the tenant. This means that, for evictions for renovations, the onus to initiate dispute resolution proceedings is reversed. Instead of you being required to dispute an eviction notice by a certain deadline, your landlord is automatically required to apply for the RTB’s permission to evict you. At this mandatory dispute resolution hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to approve the eviction.

'''Permits:''' Your landlord must obtain the necessary permits required by law before issuing you a Four Month Eviction Notice.

'''“Right of first refusal”''': In residential properties containing five or more rental units, tenants being evicted due to renovations or repairs have a “right of first refusal” to return to their unit once the renovations or repairs have been completed.

If you are interested in being offered a new tenancy agreement for your renovated unit, provide your landlord with written notice of your intention to use your right of first refusal. This will require your landlord to, at least 45 days before the completion of the renovations or repairs, inform you of the date your renovated unit will be available and provide you with a new tenancy agreement for that effective date. Although this may sound like a great opportunity, the problem is that your landlord can set your new rent at whatever amount they desire.

There are strict penalties when it comes to this area of the law. If your landlord does not offer you a right of first refusal after you have given proper notice, they could end up owing you 12 months of your previous rent as compensation. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.2 sections 51.2] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.3 51.3] of the ''RTA'' for more information.

===Move out date===

If you do not dispute a “landlord’s use” eviction notice, your move-out date will be two or four months later, on the last day of the month (assuming you pay rent on the 1st of the month). For example, if you receive a Four Month Eviction Notice on March 5th, you would have to move out by July 31st. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not think you are overholding.

===Compensation===

Landlord’s Use of Property Eviction Notices have nothing to do with bad behaviour. For this reason, if you receive a Two Month or Four Month Eviction Notice, you are entitled to one month rent as compensation to help with the financial burden of moving. Your landlord must either pay you this money or give you the last month rent free.

'''Exception:''' The one exception is if you are being evicted because you no longer qualify for your subsidized rental unit. If this is the case, you are not entitled to any compensation.

===Tenant giving notice to move out early===

If you want to move in to another rental unit before the two-month or four-month notice period has ended, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section50 section 50] of the ''RTA'' says that you can give your landlord 10 days written notice and move early. When giving short notice to move out, you are only required to pay for the days you actually live in the rental unit. For example, if you paid the full rent for the first month of a two-month notice period, but then gave 10 days written notice and moved out before the end of that first month, your landlord must pay you back for the days you did not live there. In addition, you are still entitled to one month rent as compensation for the second month of the two-month notice period.

===Landlord did not do what the eviction notice said===

Your landlord is required to follow through with the reason for your eviction. For all Two and Four Month Evictions, your landlord must start using the rental unit for the stated purpose within a reasonable period after the notice takes effect. Furthermore, unless they are evicting for renovations or demolition, they must use the rental unit for the stated purpose for at least 12 months. For example, if your landlord evicts you because they want to occupy your unit, they must do so for at least one year before renting it to someone else. If your landlord does not follow these rules, they may be ordered to pay you 12 months of rent.

'''Burden of proof''': When applying for 12 months’ rent as compensation, the burden of proof will be on your landlord. This means that, while you will be given the opportunity to present evidence at the hearing, the onus will be on your landlord to convince the arbitrator that they used the property for the stated purpose of ending your tenancy. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section51 section 51] of the ''RTA'' for more information.

'''Extenuating circumstances''': The RTB has the power to excuse the landlord from paying 12 months’ rent as compensation in “extenuating circumstances”. For example, if a landlord ends a tenancy to move in a parent, and then the parent dies one month after moving in, the landlord may be excused because the situation that unfolded could not have been reasonably anticipated and was out of the landlord’s control. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl50.pdf Policy Guideline 50] for more information.

===Fixed term tenancies and Landlord’s Use Eviction Notices===

If you have a fixed term tenancy agreement, you cannot be given a Two Month or Four Month Eviction Notice that takes effect before your contract has ended. If your landlord gives you this type of notice, it is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to apply on the last day of your agreement.

===Selling a rental unit===

When an owner sells a rental unit, the tenant living in that unit may be evicted, but it is not automatic. The new landlord (purchaser) must honour the existing tenancy agreement and can only end it by following the same eviction rules that the previous landlord (seller) would have had to follow.

If the purchaser wants to occupy the rental unit or have a “close family member” occupy the unit, they can make a request in writing that the seller issue a Two Month Eviction Notice on their behalf, but only after all the conditions of the sale have been satisfied. If the purchaser does not plan on occupying the rental unit, or having a “close family member” occupy the unit, the purchaser will become the new landlord and the tenancy will continue under the existing agreement.

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

'''Beware of mutual agreements to end tenancy:''' The Residential Tenancy Branch has a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy” form] that tenants and landlords can use to end their tenancy on an agreed upon date. If your landlord wants to evict you for “landlord’s use”, be careful not to sign this form. Some landlords may try to use a Mutual Agreement to End Tenancy form, instead of an official eviction notice, to avoid having to pay one month rent as compensation.

==Deadlines to dispute eviction notices==

There are strict deadlines for disputing eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

You must apply for dispute resolution within these deadlines. Failing to do so means that, from a legal standpoint, you are accepting the eviction notice and agreeing to move out.

'''Exceptions:''' Arbitrators do have the power to extend a deadline to apply for dispute resolution, but not beyond the effective date of an eviction notice. Extensions will only be granted in exceptional circumstances, such as hospitalization that prevented a tenant from disputing an eviction notice on time.

==Physically removing a tenant==

There are strict rules when it comes to physically removing a tenant and their possessions from a rental unit. Here are the steps that your landlord must follow:
# Serve you with a copy of a Residential Tenancy Branch (RTB) Order of Possession.
# Wait for the two-day review period to expire. (If you successfully file a RTB Application for Review Consideration during the two-day review period, the RTB will put your Order of Possession on hold. Your landlord must then wait to see if the review is decided in their favour before moving on to the next step.)
# Take the Order of Possession to the BC Supreme Court and obtain a Writ of Possession.
# Use the Writ of Possession to hire a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiff].

'''Overholding:''' If you stay past the move-out date listed on an eviction notice or Order of Possession, you may end up owing your landlord some money. In addition, if your landlord hires a court-approved bailiff to remove you and your belongings from your rental unit, you may be held responsible for at least some of the associated costs.

'''Role of the police:''' The police do not have the authority to evict tenants on their own. However, a court-approved bailiff may ask them to attend an eviction to keep the peace while a tenant is being removed.

===List of court-approved bailiffs===

The Attorney General publishes a list of [www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiffs]. Only the companies on this list can legally enforce a Writ of Possession on behalf of a landlord.

'''Warning:''' There are people in BC who are paid money to pressure tenants to move out even though they are not authorized to enforce a Writ of Possession. If someone comes to your door claiming to be a bailiff, always ask for identification.

===Court bailiff rules===

Court bailiffs carrying out an eviction can seize and sell your personal property to pay their fees. However, you have the right to claim exemptions to protect the following items:
* necessary clothing;
* household furniture and appliances worth up to $4,000;
* one motor vehicle worth up to $5,000;
* tools and other property worth up to $10,000, if they are used to earn income; and
* medical and dental aids.

Bailiffs will often give you an opportunity to claim these exemptions when they first show up at your rental unit. If your belongings are taken before you have a chance to claim your exemptions, contact the bailiff company right away. You must claim your exemptions within two days of the date you found out that your property was seized.

===Illegal lockouts===

An illegal lockout could mean that you are without access to money, medication, work tools, and personal identification. If your landlord locks you out of your rental unit, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] immediately. If your landlord continues to deny you access to your home, you will have to apply for dispute resolution to ask for an Order of Possession and monetary compensation. The RTB considers illegal lockouts a top priority when scheduling hearings.

==Other ways a tenancy could end==

There are sometimes exceptional circumstances that force tenancies to end unexpectedly. If a flood, fire, or earthquake leaves your rental unit unlivable, your tenancy agreement may be considered a “frustrated contract”, since it would be impossible for your tenancy to continue under those circumstances. See Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl34.pdf Policy Guideline 34] for more information. You may also come across a situation where the property you are living in experiences a foreclosure. This can happen when a bank or another lender takes control of your rental property because the landlord can no longer pay their mortgage.

If you find yourself in one of these complicated situations, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] to ask for additional information and assistance.

{{Tenant Survival Guide Navbox}}

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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Evictions

2024-08-28T21:35:11Z

Andrew Sakamoto: /* Four Month Eviction Notices */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' dispute eviction notices within the required timelines. Failing to do so means that, from a legal standpoint, you are accepting the end of your tenancy and agreeing to move out.

'''DO NOT:''' let a landlord illegally kick you out of your rental unit. Only a court-approved bailiff can physically remove you and your possessions.

==Types of evictions==

[[File:Tenant being evicted.jpg | right | frame | link= ]]

An eviction occurs when a landlord legally forces a tenant to move out of a rental unit. If your landlord wants to evict you, they must give you an approved notice with an acceptable reason for eviction according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

There are four main types of eviction notices:
# 10 Day Notice for Non-Payment of Rent;
# One Month Notice for Cause;
# Two Month Notice for Landlord’s Use of Property; and
# Four Month Notice for Landlord’s Use of Property.

==10 Day Notice for Non-Payment of Rent==

Your landlord can evict you for not paying rent, even if you are only a few dollars short or one day late. If you receive A 10 Day Eviction Notice, you have five days to pay up in order to cancel the eviction. Alternatively, if your landlord is lying, you have five days to apply for dispute resolution so that you can prove to an arbitrator that you did in fact pay your full rent on time. If you choose neither of those options within five days of receiving the eviction notice, you will be expected to move out by the 10th day. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)'' for more information.

'''Direct Request:''' A 10 Day Eviction Notice is the most serious of the four types of evictions. If you do not pay your rent or apply for dispute resolution within five days of receiving the notice, your landlord can use the Residential Tenancy Branch’s “Direct Request” process to quickly obtain an Order of Possession without even participating in a dispute resolution hearing.

'''Utilities:''' If you fail to pay for utilities charges you owe, your landlord can give you a 10 Day Eviction Notice, but only after giving you 30 days written notice demanding payment.

'''No excuses:''' The ''RTA'' does not have any “hardship” provisions. This means that you can be evicted from your home even if you have a disability, lose your job, or it’s winter. In addition, being evicted for non-payment of rent does not relieve you of your responsibility to pay the full rent for that month. If you are evicted by the 11th day of the month, your landlord could still go after you for the entire month of rent.

==One Month Notice for Cause==

The most common reasons for receiving a One Month Eviction Notice are:
* unreasonably disturbing your landlord or other occupants;
* repeatedly paying rent late;
* seriously damaging your rental unit or building;
* not fixing or paying for damage caused by you, your guests, or your pets;
* causing danger to your landlord or other occupants;
* having too many occupants living in your rental unit;
* engaging in illegal activity that negatively affects your rental unit, building, landlord, or other occupants; and
* breaching a “material term” (serious rule) of your tenancy agreement and ignoring a written warning from your landlord.

There are other less common reasons for receiving a One Month Eviction Notice. For a full list, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''Residential Tenancy Act (RTA)''.

If you feel that your landlord has unfairly given you a One Month Eviction Notice, you have 10 days to challenge the notice by applying for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

'''Repeated late payment of rent:''' You can receive a One Month Eviction Notice if you pay rent late at least three times within an unreasonable short period. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.

'''Occupant limit:''' Your tenancy agreement may limit the number of permanent occupants allowed in your rental unit. If so, your landlord would have a strong case for eviction if you exceeded the maximum. However, even if your tenancy agreement does not include a term about the occupant limit, your landlord can still give you 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)(c)] of the ''RTA'' if they believe you have moved in an unreasonable number of roommates.

===Move out date===

If you do not dispute your eviction, you have until the last day of the next month to move out (assuming you pay rent on the 1st of the month). For example, if you receive a One Month Eviction Notice on March 5th, you would have to move out by April 30th. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure they understand that you are not illegally overholding the rental unit.

===Early eviction===

If you are causing extremely serious problems, your landlord can ask the RTB for permission to evict you before a One Month Eviction Notice would take effect. Your landlord is not required to give you an eviction notice before applying for this type of dispute resolution hearing. However, they must provide you with notice of the hearing so that you have a chance to present evidence and defend yourself to an arbitrator.

If an arbitrator determines that it would be unreasonable or unfair to the landlord or other occupants of your building to wait for a One Month Eviction Notice to take effect, your landlord will be given an Order of Possession to take back your rental unit on an earlier date. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section56 section 56] of the ''RTA'' for more information.

==Landlord's Use of Property Eviction Notices==

===Two Month Eviction Notice===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49.1 section 49.1] of the ''Residential Tenancy Act (RTA)'', you may receive a Two Month Eviction Notice if you no longer qualify for your subsidized rental unit.

If you would like to challenge a Two Month Eviction Notice, you have 15 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

===Four Month Eviction Notices===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA'', you may receive a Four Month Eviction Notice if:

* your landlord, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of your landlord, wants to occupy your rental unit;
**Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
* your rental unit was sold and the purchaser, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of the purchaser, wants to occupy your rental unit;
** Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
** Exception: the notice period is three months for this type of “landlord’s use” eviction
* your landlord plans to demolish a rental unit;
* your landlord plans to convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';
* your landlord plans to convert the residential property into cooperative housing under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/99028_01 Cooperative Association Act]'';
* your landlord plans to convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or
* your landlord plans to convert a rental unit to a non-residential use.

If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.
* Exception: is claiming their mother will be moving into your unit, they should be able to provide evidence such as verbal testimony or a sworn statement from the mother.
• Exception: the dispute period is 21 days for “landlord’s use” evictions where the rental unit was sold and the purchaser, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of the purchaser, intends in good faith to occupy the rental unit.

For evictions related to personal occupancy or caretaker use, landlords are required to use a [https://logon7.gov.bc.ca/clp-cgi/capBceid/logon.cgi?flags=1001:1,8&TYPE=33554433&REALMOID=06-43f45bcb-a1a4-4e9b-bc1f-639c46ca6cd1&GUID=&SMAUTHREASON=0&METHOD=GET&SMAGENTNAME=$SM$yqhwjVFjDpU%2f5HRAoNIfv65TfmWyYzWfxZIfYiXBAlqsdl3%2bDnKhpmaoehgbosRKCj0Nk27gBqGn6%2fJXTkEOA6aLUP%2bhw8dO&TARGET=$SM$https%3a%2f%2ftenancydispute%2egov%2ebc%2eca%2fLandlordUse%2fLogin web portal] on the RTB website to generate an eviction notice.

'''Evictions for renovations:''' The ''RTA'' also allows landlords to evict tenants, with four months’ notice, for major renovations that require a unit to be empty for an extended period. However, unlike other types of evictions, the landlord is required to apply for a dispute resolution hearing through the RTB, rather than serve an eviction notice on the tenant. This means that, for evictions for renovations, the onus to initiate dispute resolution proceedings is reversed. Instead of you being required to dispute an eviction notice by a certain deadline, your landlord is automatically required to apply for the RTB’s permission to evict you. At this mandatory dispute resolution hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to approve the eviction.

'''Permits:''' Your landlord must obtain the necessary permits required by law before issuing you a Four Month Eviction Notice.

'''“Right of first refusal”''': In residential properties containing five or more rental units, tenants being evicted due to renovations or repairs have a “right of first refusal” to return to their unit once the renovations or repairs have been completed.

If you are interested in being offered a new tenancy agreement for your renovated unit, provide your landlord with written notice of your intention to use your right of first refusal. This will require your landlord to, at least 45 days before the completion of the renovations or repairs, inform you of the date your renovated unit will be available and provide you with a new tenancy agreement for that effective date. Although this may sound like a great opportunity, the problem is that your landlord can set your new rent at whatever amount they desire.

There are strict penalties when it comes to this area of the law. If your landlord does not offer you a right of first refusal after you have given proper notice, they could end up owing you 12 months of your previous rent as compensation. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.2 sections 51.2] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.3 51.3] of the ''RTA'' for more information.

===Move out date===

If you do not dispute a “landlord’s use” eviction notice, your move-out date will be two or four months later, on the last day of the month (assuming you pay rent on the 1st of the month). For example, if you receive a Four Month Eviction Notice on March 5th, you would have to move out by July 31st. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not think you are overholding.

===Compensation===

Landlord’s Use of Property Eviction Notices have nothing to do with bad behaviour. For this reason, if you receive a Two Month or Four Month Eviction Notice, you are entitled to one month rent as compensation to help with the financial burden of moving. Your landlord must either pay you this money or give you the last month rent free.

'''Exception:''' The one exception is if you are being evicted because you no longer qualify for your subsidized rental unit. If this is the case, you are not entitled to any compensation.

===Tenant giving notice to move out early===

If you want to move in to another rental unit before the two-month or four-month notice period has ended, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section50 section 50] of the ''RTA'' says that you can give your landlord 10 days written notice and move early. When giving short notice to move out, you are only required to pay for the days you actually live in the rental unit. For example, if you paid the full rent for the first month of a two-month notice period, but then gave 10 days written notice and moved out before the end of that first month, your landlord must pay you back for the days you did not live there. In addition, you are still entitled to one month rent as compensation for the second month of the two-month notice period.

===Landlord did not do what the eviction notice said===

Your landlord is required to follow through with the reason for your eviction. For all Two and Four Month Evictions, your landlord must start using the rental unit for the stated purpose within a reasonable period after the notice takes effect. Furthermore, unless they are evicting for renovations or demolition, they must use the rental unit for the stated purpose for at least 12 months. For example, if your landlord evicts you because they want to occupy your unit, they must do so for at least one year before renting it to someone else. If your landlord does not follow these rules, they may be ordered to pay you 12 months of rent.

'''Burden of proof''': When applying for 12 months’ rent as compensation, the burden of proof will be on your landlord. This means that, while you will be given the opportunity to present evidence at the hearing, the onus will be on your landlord to convince the arbitrator that they used the property for the stated purpose of ending your tenancy. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section51 section 51] of the ''RTA'' for more information.

'''Extenuating circumstances''': The RTB has the power to excuse the landlord from paying 12 months’ rent as compensation in “extenuating circumstances”. For example, if a landlord ends a tenancy to move in a parent, and then the parent dies one month after moving in, the landlord may be excused because the situation that unfolded could not have been reasonably anticipated and was out of the landlord’s control. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl50.pdf Policy Guideline 50] for more information.

===Fixed term tenancies and Landlord’s Use Eviction Notices===

If you have a fixed term tenancy agreement, you cannot be given a Two Month or Four Month Eviction Notice that takes effect before your contract has ended. If your landlord gives you this type of notice, it is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to apply on the last day of your agreement.

===Selling a rental unit===

When an owner sells a rental unit, the tenant living in that unit may be evicted, but it is not automatic. The new landlord (purchaser) must honour the existing tenancy agreement and can only end it by following the same eviction rules that the previous landlord (seller) would have had to follow.

If the purchaser wants to occupy the rental unit or have a “close family member” occupy the unit, they can make a request in writing that the seller issue a Two Month Eviction Notice on their behalf, but only after all the conditions of the sale have been satisfied. If the purchaser does not plan on occupying the rental unit, or having a “close family member” occupy the unit, the purchaser will become the new landlord and the tenancy will continue under the existing agreement.

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

'''Beware of mutual agreements to end tenancy:''' The Residential Tenancy Branch has a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy” form] that tenants and landlords can use to end their tenancy on an agreed upon date. If your landlord wants to evict you for “landlord’s use”, be careful not to sign this form. Some landlords may try to use a Mutual Agreement to End Tenancy form, instead of an official eviction notice, to avoid having to pay one month rent as compensation.

==Deadlines to dispute eviction notices==

There are strict deadlines for disputing eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

You must apply for dispute resolution within these deadlines. Failing to do so means that, from a legal standpoint, you are accepting the eviction notice and agreeing to move out.

'''Exceptions:''' Arbitrators do have the power to extend a deadline to apply for dispute resolution, but not beyond the effective date of an eviction notice. Extensions will only be granted in exceptional circumstances, such as hospitalization that prevented a tenant from disputing an eviction notice on time.

==Physically removing a tenant==

There are strict rules when it comes to physically removing a tenant and their possessions from a rental unit. Here are the steps that your landlord must follow:
# Serve you with a copy of a Residential Tenancy Branch (RTB) Order of Possession.
# Wait for the two-day review period to expire. (If you successfully file a RTB Application for Review Consideration during the two-day review period, the RTB will put your Order of Possession on hold. Your landlord must then wait to see if the review is decided in their favour before moving on to the next step.)
# Take the Order of Possession to the BC Supreme Court and obtain a Writ of Possession.
# Use the Writ of Possession to hire a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiff].

'''Overholding:''' If you stay past the move-out date listed on an eviction notice or Order of Possession, you may end up owing your landlord some money. In addition, if your landlord hires a court-approved bailiff to remove you and your belongings from your rental unit, you may be held responsible for at least some of the associated costs.

'''Role of the police:''' The police do not have the authority to evict tenants on their own. However, a court-approved bailiff may ask them to attend an eviction to keep the peace while a tenant is being removed.

===List of court-approved bailiffs===

The Attorney General publishes a list of [www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiffs]. Only the companies on this list can legally enforce a Writ of Possession on behalf of a landlord.

'''Warning:''' There are people in BC who are paid money to pressure tenants to move out even though they are not authorized to enforce a Writ of Possession. If someone comes to your door claiming to be a bailiff, always ask for identification.

===Court bailiff rules===

Court bailiffs carrying out an eviction can seize and sell your personal property to pay their fees. However, you have the right to claim exemptions to protect the following items:
* necessary clothing;
* household furniture and appliances worth up to $4,000;
* one motor vehicle worth up to $5,000;
* tools and other property worth up to $10,000, if they are used to earn income; and
* medical and dental aids.

Bailiffs will often give you an opportunity to claim these exemptions when they first show up at your rental unit. If your belongings are taken before you have a chance to claim your exemptions, contact the bailiff company right away. You must claim your exemptions within two days of the date you found out that your property was seized.

===Illegal lockouts===

An illegal lockout could mean that you are without access to money, medication, work tools, and personal identification. If your landlord locks you out of your rental unit, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] immediately. If your landlord continues to deny you access to your home, you will have to apply for dispute resolution to ask for an Order of Possession and monetary compensation. The RTB considers illegal lockouts a top priority when scheduling hearings.

==Other ways a tenancy could end==

There are sometimes exceptional circumstances that force tenancies to end unexpectedly. If a flood, fire, or earthquake leaves your rental unit unlivable, your tenancy agreement may be considered a “frustrated contract”, since it would be impossible for your tenancy to continue under those circumstances. See Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl34.pdf Policy Guideline 34] for more information. You may also come across a situation where the property you are living in experiences a foreclosure. This can happen when a bank or another lender takes control of your rental property because the landlord can no longer pay their mortgage.

If you find yourself in one of these complicated situations, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] to ask for additional information and assistance.

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Evictions

2024-07-18T19:26:44Z

Andrew Sakamoto: /* Landlord's Use of Property Eviction Notices */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' dispute eviction notices within the required timelines. Failing to do so means that, from a legal standpoint, you are accepting the end of your tenancy and agreeing to move out.

'''DO NOT:''' let a landlord illegally kick you out of your rental unit. Only a court-approved bailiff can physically remove you and your possessions.

==Types of evictions==

[[File:Tenant being evicted.jpg | right | frame | link= ]]

An eviction occurs when a landlord legally forces a tenant to move out of a rental unit. If your landlord wants to evict you, they must give you an approved notice with an acceptable reason for eviction according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

There are four main types of eviction notices:
# 10 Day Notice for Non-Payment of Rent;
# One Month Notice for Cause;
# Two Month Notice for Landlord’s Use of Property; and
# Four Month Notice for Landlord’s Use of Property.

==10 Day Notice for Non-Payment of Rent==

Your landlord can evict you for not paying rent, even if you are only a few dollars short or one day late. If you receive A 10 Day Eviction Notice, you have five days to pay up in order to cancel the eviction. Alternatively, if your landlord is lying, you have five days to apply for dispute resolution so that you can prove to an arbitrator that you did in fact pay your full rent on time. If you choose neither of those options within five days of receiving the eviction notice, you will be expected to move out by the 10th day. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)'' for more information.

'''Direct Request:''' A 10 Day Eviction Notice is the most serious of the four types of evictions. If you do not pay your rent or apply for dispute resolution within five days of receiving the notice, your landlord can use the Residential Tenancy Branch’s “Direct Request” process to quickly obtain an Order of Possession without even participating in a dispute resolution hearing.

'''Utilities:''' If you fail to pay for utilities charges you owe, your landlord can give you a 10 Day Eviction Notice, but only after giving you 30 days written notice demanding payment.

'''No excuses:''' The ''RTA'' does not have any “hardship” provisions. This means that you can be evicted from your home even if you have a disability, lose your job, or it’s winter. In addition, being evicted for non-payment of rent does not relieve you of your responsibility to pay the full rent for that month. If you are evicted by the 11th day of the month, your landlord could still go after you for the entire month of rent.

==One Month Notice for Cause==

The most common reasons for receiving a One Month Eviction Notice are:
* unreasonably disturbing your landlord or other occupants;
* repeatedly paying rent late;
* seriously damaging your rental unit or building;
* not fixing or paying for damage caused by you, your guests, or your pets;
* causing danger to your landlord or other occupants;
* having too many occupants living in your rental unit;
* engaging in illegal activity that negatively affects your rental unit, building, landlord, or other occupants; and
* breaching a “material term” (serious rule) of your tenancy agreement and ignoring a written warning from your landlord.

There are other less common reasons for receiving a One Month Eviction Notice. For a full list, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''Residential Tenancy Act (RTA)''.

If you feel that your landlord has unfairly given you a One Month Eviction Notice, you have 10 days to challenge the notice by applying for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

'''Repeated late payment of rent:''' You can receive a One Month Eviction Notice if you pay rent late at least three times within an unreasonable short period. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.

'''Occupant limit:''' Your tenancy agreement may limit the number of permanent occupants allowed in your rental unit. If so, your landlord would have a strong case for eviction if you exceeded the maximum. However, even if your tenancy agreement does not include a term about the occupant limit, your landlord can still give you 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)(c)] of the ''RTA'' if they believe you have moved in an unreasonable number of roommates.

===Move out date===

If you do not dispute your eviction, you have until the last day of the next month to move out (assuming you pay rent on the 1st of the month). For example, if you receive a One Month Eviction Notice on March 5th, you would have to move out by April 30th. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure they understand that you are not illegally overholding the rental unit.

===Early eviction===

If you are causing extremely serious problems, your landlord can ask the RTB for permission to evict you before a One Month Eviction Notice would take effect. Your landlord is not required to give you an eviction notice before applying for this type of dispute resolution hearing. However, they must provide you with notice of the hearing so that you have a chance to present evidence and defend yourself to an arbitrator.

If an arbitrator determines that it would be unreasonable or unfair to the landlord or other occupants of your building to wait for a One Month Eviction Notice to take effect, your landlord will be given an Order of Possession to take back your rental unit on an earlier date. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section56 section 56] of the ''RTA'' for more information.

==Landlord's Use of Property Eviction Notices==

===Two Month Eviction Notice===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49.1 section 49.1] of the ''Residential Tenancy Act (RTA)'', you may receive a Two Month Eviction Notice if you no longer qualify for your subsidized rental unit.

If you would like to challenge a Two Month Eviction Notice, you have 15 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

===Four Month Eviction Notices===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA'', you may receive a Four Month Eviction Notice if:

* your landlord, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of your landlord, wants to occupy your rental unit;
**Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
* your rental unit was sold and the purchaser, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of the purchaser, wants to occupy your rental unit;
** Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
* your landlord plans to demolish a rental unit;
* your landlord plans to convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';
* your landlord plans to convert the residential property into cooperative housing under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/99028_01 Cooperative Association Act]'';
* your landlord plans to convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or
* your landlord plans to convert a rental unit to a non-residential use.

If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

For evictions related to personal occupancy or caretaker use, landlords are required to use a [https://logon7.gov.bc.ca/clp-cgi/capBceid/logon.cgi?flags=1001:1,8&TYPE=33554433&REALMOID=06-43f45bcb-a1a4-4e9b-bc1f-639c46ca6cd1&GUID=&SMAUTHREASON=0&METHOD=GET&SMAGENTNAME=$SM$yqhwjVFjDpU%2f5HRAoNIfv65TfmWyYzWfxZIfYiXBAlqsdl3%2bDnKhpmaoehgbosRKCj0Nk27gBqGn6%2fJXTkEOA6aLUP%2bhw8dO&TARGET=$SM$https%3a%2f%2ftenancydispute%2egov%2ebc%2eca%2fLandlordUse%2fLogin web portal] on the RTB website to generate an eviction notice.

'''Evictions for renovations:''' The ''RTA'' also allows landlords to evict tenants, with four months’ notice, for major renovations that require a unit to be empty for an extended period. However, unlike other types of evictions, the landlord is required to apply for a dispute resolution hearing through the RTB, rather than serve an eviction notice on the tenant. This means that, for evictions for renovations, the onus to initiate dispute resolution proceedings is reversed. Instead of you being required to dispute an eviction notice by a certain deadline, your landlord is automatically required to apply for the RTB’s permission to evict you. At this mandatory dispute resolution hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to approve the eviction.

'''Permits:''' Your landlord must obtain the necessary permits required by law before issuing you a Four Month Eviction Notice.

'''“Right of first refusal”''': In residential properties containing five or more rental units, tenants being evicted due to renovations or repairs have a “right of first refusal” to return to their unit once the renovations or repairs have been completed.

If you are interested in being offered a new tenancy agreement for your renovated unit, provide your landlord with written notice of your intention to use your right of first refusal. This will require your landlord to, at least 45 days before the completion of the renovations or repairs, inform you of the date your renovated unit will be available and provide you with a new tenancy agreement for that effective date. Although this may sound like a great opportunity, the problem is that your landlord can set your new rent at whatever amount they desire.

There are strict penalties when it comes to this area of the law. If your landlord does not offer you a right of first refusal after you have given proper notice, they could end up owing you 12 months of your previous rent as compensation. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.2 sections 51.2] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.3 51.3] of the ''RTA'' for more information.

===Move out date===

If you do not dispute a “landlord’s use” eviction notice, your move-out date will be two or four months later, on the last day of the month (assuming you pay rent on the 1st of the month). For example, if you receive a Four Month Eviction Notice on March 5th, you would have to move out by July 31st. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not think you are overholding.

===Compensation===

Landlord’s Use of Property Eviction Notices have nothing to do with bad behaviour. For this reason, if you receive a Two Month or Four Month Eviction Notice, you are entitled to one month rent as compensation to help with the financial burden of moving. Your landlord must either pay you this money or give you the last month rent free.

'''Exception:''' The one exception is if you are being evicted because you no longer qualify for your subsidized rental unit. If this is the case, you are not entitled to any compensation.

===Tenant giving notice to move out early===

If you want to move in to another rental unit before the two-month or four-month notice period has ended, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section50 section 50] of the ''RTA'' says that you can give your landlord 10 days written notice and move early. When giving short notice to move out, you are only required to pay for the days you actually live in the rental unit. For example, if you paid the full rent for the first month of a two-month notice period, but then gave 10 days written notice and moved out before the end of that first month, your landlord must pay you back for the days you did not live there. In addition, you are still entitled to one month rent as compensation for the second month of the two-month notice period.

===Landlord did not do what the eviction notice said===

Your landlord is required to follow through with the reason for your eviction. For all Two and Four Month Evictions, your landlord must start using the rental unit for the stated purpose within a reasonable period after the notice takes effect. Furthermore, unless they are evicting for renovations or demolition, they must use the rental unit for the stated purpose for at least 12 months. For example, if your landlord evicts you because they want to occupy your unit, they must do so for at least one year before renting it to someone else. If your landlord does not follow these rules, they may be ordered to pay you 12 months of rent.

'''Burden of proof''': When applying for 12 months’ rent as compensation, the burden of proof will be on your landlord. This means that, while you will be given the opportunity to present evidence at the hearing, the onus will be on your landlord to convince the arbitrator that they used the property for the stated purpose of ending your tenancy. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section51 section 51] of the ''RTA'' for more information.

'''Extenuating circumstances''': The RTB has the power to excuse the landlord from paying 12 months’ rent as compensation in “extenuating circumstances”. For example, if a landlord ends a tenancy to move in a parent, and then the parent dies one month after moving in, the landlord may be excused because the situation that unfolded could not have been reasonably anticipated and was out of the landlord’s control. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl50.pdf Policy Guideline 50] for more information.

===Fixed term tenancies and Landlord’s Use Eviction Notices===

If you have a fixed term tenancy agreement, you cannot be given a Two Month or Four Month Eviction Notice that takes effect before your contract has ended. If your landlord gives you this type of notice, it is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to apply on the last day of your agreement.

===Selling a rental unit===

When an owner sells a rental unit, the tenant living in that unit may be evicted, but it is not automatic. The new landlord (purchaser) must honour the existing tenancy agreement and can only end it by following the same eviction rules that the previous landlord (seller) would have had to follow.

If the purchaser wants to occupy the rental unit or have a “close family member” occupy the unit, they can make a request in writing that the seller issue a Two Month Eviction Notice on their behalf, but only after all the conditions of the sale have been satisfied. If the purchaser does not plan on occupying the rental unit, or having a “close family member” occupy the unit, the purchaser will become the new landlord and the tenancy will continue under the existing agreement.

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

'''Beware of mutual agreements to end tenancy:''' The Residential Tenancy Branch has a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy” form] that tenants and landlords can use to end their tenancy on an agreed upon date. If your landlord wants to evict you for “landlord’s use”, be careful not to sign this form. Some landlords may try to use a Mutual Agreement to End Tenancy form, instead of an official eviction notice, to avoid having to pay one month rent as compensation.

==Deadlines to dispute eviction notices==

There are strict deadlines for disputing eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

You must apply for dispute resolution within these deadlines. Failing to do so means that, from a legal standpoint, you are accepting the eviction notice and agreeing to move out.

'''Exceptions:''' Arbitrators do have the power to extend a deadline to apply for dispute resolution, but not beyond the effective date of an eviction notice. Extensions will only be granted in exceptional circumstances, such as hospitalization that prevented a tenant from disputing an eviction notice on time.

==Physically removing a tenant==

There are strict rules when it comes to physically removing a tenant and their possessions from a rental unit. Here are the steps that your landlord must follow:
# Serve you with a copy of a Residential Tenancy Branch (RTB) Order of Possession.
# Wait for the two-day review period to expire. (If you successfully file a RTB Application for Review Consideration during the two-day review period, the RTB will put your Order of Possession on hold. Your landlord must then wait to see if the review is decided in their favour before moving on to the next step.)
# Take the Order of Possession to the BC Supreme Court and obtain a Writ of Possession.
# Use the Writ of Possession to hire a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiff].

'''Overholding:''' If you stay past the move-out date listed on an eviction notice or Order of Possession, you may end up owing your landlord some money. In addition, if your landlord hires a court-approved bailiff to remove you and your belongings from your rental unit, you may be held responsible for at least some of the associated costs.

'''Role of the police:''' The police do not have the authority to evict tenants on their own. However, a court-approved bailiff may ask them to attend an eviction to keep the peace while a tenant is being removed.

===List of court-approved bailiffs===

The Attorney General publishes a list of [www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiffs]. Only the companies on this list can legally enforce a Writ of Possession on behalf of a landlord.

'''Warning:''' There are people in BC who are paid money to pressure tenants to move out even though they are not authorized to enforce a Writ of Possession. If someone comes to your door claiming to be a bailiff, always ask for identification.

===Court bailiff rules===

Court bailiffs carrying out an eviction can seize and sell your personal property to pay their fees. However, you have the right to claim exemptions to protect the following items:
* necessary clothing;
* household furniture and appliances worth up to $4,000;
* one motor vehicle worth up to $5,000;
* tools and other property worth up to $10,000, if they are used to earn income; and
* medical and dental aids.

Bailiffs will often give you an opportunity to claim these exemptions when they first show up at your rental unit. If your belongings are taken before you have a chance to claim your exemptions, contact the bailiff company right away. You must claim your exemptions within two days of the date you found out that your property was seized.

===Illegal lockouts===

An illegal lockout could mean that you are without access to money, medication, work tools, and personal identification. If your landlord locks you out of your rental unit, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] immediately. If your landlord continues to deny you access to your home, you will have to apply for dispute resolution to ask for an Order of Possession and monetary compensation. The RTB considers illegal lockouts a top priority when scheduling hearings.

==Other ways a tenancy could end==

There are sometimes exceptional circumstances that force tenancies to end unexpectedly. If a flood, fire, or earthquake leaves your rental unit unlivable, your tenancy agreement may be considered a “frustrated contract”, since it would be impossible for your tenancy to continue under those circumstances. See Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl34.pdf Policy Guideline 34] for more information. You may also come across a situation where the property you are living in experiences a foreclosure. This can happen when a bank or another lender takes control of your rental property because the landlord can no longer pay their mortgage.

If you find yourself in one of these complicated situations, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] to ask for additional information and assistance.

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Evictions

2024-07-18T19:26:02Z

Andrew Sakamoto: /* Four Month Eviction Notices */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' dispute eviction notices within the required timelines. Failing to do so means that, from a legal standpoint, you are accepting the end of your tenancy and agreeing to move out.

'''DO NOT:''' let a landlord illegally kick you out of your rental unit. Only a court-approved bailiff can physically remove you and your possessions.

==Types of evictions==

[[File:Tenant being evicted.jpg | right | frame | link= ]]

An eviction occurs when a landlord legally forces a tenant to move out of a rental unit. If your landlord wants to evict you, they must give you an approved notice with an acceptable reason for eviction according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

There are four main types of eviction notices:
# 10 Day Notice for Non-Payment of Rent;
# One Month Notice for Cause;
# Two Month Notice for Landlord’s Use of Property; and
# Four Month Notice for Landlord’s Use of Property.

==10 Day Notice for Non-Payment of Rent==

Your landlord can evict you for not paying rent, even if you are only a few dollars short or one day late. If you receive A 10 Day Eviction Notice, you have five days to pay up in order to cancel the eviction. Alternatively, if your landlord is lying, you have five days to apply for dispute resolution so that you can prove to an arbitrator that you did in fact pay your full rent on time. If you choose neither of those options within five days of receiving the eviction notice, you will be expected to move out by the 10th day. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)'' for more information.

'''Direct Request:''' A 10 Day Eviction Notice is the most serious of the four types of evictions. If you do not pay your rent or apply for dispute resolution within five days of receiving the notice, your landlord can use the Residential Tenancy Branch’s “Direct Request” process to quickly obtain an Order of Possession without even participating in a dispute resolution hearing.

'''Utilities:''' If you fail to pay for utilities charges you owe, your landlord can give you a 10 Day Eviction Notice, but only after giving you 30 days written notice demanding payment.

'''No excuses:''' The ''RTA'' does not have any “hardship” provisions. This means that you can be evicted from your home even if you have a disability, lose your job, or it’s winter. In addition, being evicted for non-payment of rent does not relieve you of your responsibility to pay the full rent for that month. If you are evicted by the 11th day of the month, your landlord could still go after you for the entire month of rent.

==One Month Notice for Cause==

The most common reasons for receiving a One Month Eviction Notice are:
* unreasonably disturbing your landlord or other occupants;
* repeatedly paying rent late;
* seriously damaging your rental unit or building;
* not fixing or paying for damage caused by you, your guests, or your pets;
* causing danger to your landlord or other occupants;
* having too many occupants living in your rental unit;
* engaging in illegal activity that negatively affects your rental unit, building, landlord, or other occupants; and
* breaching a “material term” (serious rule) of your tenancy agreement and ignoring a written warning from your landlord.

There are other less common reasons for receiving a One Month Eviction Notice. For a full list, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''Residential Tenancy Act (RTA)''.

If you feel that your landlord has unfairly given you a One Month Eviction Notice, you have 10 days to challenge the notice by applying for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

'''Repeated late payment of rent:''' You can receive a One Month Eviction Notice if you pay rent late at least three times within an unreasonable short period. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.

'''Occupant limit:''' Your tenancy agreement may limit the number of permanent occupants allowed in your rental unit. If so, your landlord would have a strong case for eviction if you exceeded the maximum. However, even if your tenancy agreement does not include a term about the occupant limit, your landlord can still give you 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)(c)] of the ''RTA'' if they believe you have moved in an unreasonable number of roommates.

===Move out date===

If you do not dispute your eviction, you have until the last day of the next month to move out (assuming you pay rent on the 1st of the month). For example, if you receive a One Month Eviction Notice on March 5th, you would have to move out by April 30th. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure they understand that you are not illegally overholding the rental unit.

===Early eviction===

If you are causing extremely serious problems, your landlord can ask the RTB for permission to evict you before a One Month Eviction Notice would take effect. Your landlord is not required to give you an eviction notice before applying for this type of dispute resolution hearing. However, they must provide you with notice of the hearing so that you have a chance to present evidence and defend yourself to an arbitrator.

If an arbitrator determines that it would be unreasonable or unfair to the landlord or other occupants of your building to wait for a One Month Eviction Notice to take effect, your landlord will be given an Order of Possession to take back your rental unit on an earlier date. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section56 section 56] of the ''RTA'' for more information.

==Landlord's Use of Property Eviction Notices==

===Two Month Eviction Notice===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49.1 section 49.1] of the ''Residential Tenancy Act (RTA)'', you may receive a Two Month Eviction Notice if you no longer qualify for your subsidized rental unit.

If you would like to challenge a Two Month Eviction Notice, you have 15 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

===Four Month Eviction Notices===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA'', you may receive a Four Month Eviction Notice if:

* your landlord, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of your landlord, wants to occupy your rental unit;
**Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
* your rental unit was sold and the purchaser, or a [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section49 “close family member”] of the purchaser, wants to occupy your rental unit;
** Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
* demolish a rental unit;
* convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';
* convert the residential property into cooperative housing under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/99028_01 Cooperative Association Act]'';
* convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or
* convert a rental unit to a non-residential use.

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

For evictions related to personal occupancy or caretaker use, landlords are required to use a [https://logon7.gov.bc.ca/clp-cgi/capBceid/logon.cgi?flags=1001:1,8&TYPE=33554433&REALMOID=06-43f45bcb-a1a4-4e9b-bc1f-639c46ca6cd1&GUID=&SMAUTHREASON=0&METHOD=GET&SMAGENTNAME=$SM$yqhwjVFjDpU%2f5HRAoNIfv65TfmWyYzWfxZIfYiXBAlqsdl3%2bDnKhpmaoehgbosRKCj0Nk27gBqGn6%2fJXTkEOA6aLUP%2bhw8dO&TARGET=$SM$https%3a%2f%2ftenancydispute%2egov%2ebc%2eca%2fLandlordUse%2fLogin web portal] on the RTB website to generate an eviction notice.

'''Evictions for renovations:''' The ''RTA'' also allows landlords to evict tenants, with four months’ notice, for major renovations that require a unit to be empty for an extended period. However, unlike other types of evictions, the landlord is required to apply for a dispute resolution hearing through the RTB, rather than serve an eviction notice on the tenant. This means that, for evictions for renovations, the onus to initiate dispute resolution proceedings is reversed. Instead of you being required to dispute an eviction notice by a certain deadline, your landlord is automatically required to apply for the RTB’s permission to evict you. At this mandatory dispute resolution hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to approve the eviction.

'''Permits:''' Your landlord must obtain the necessary permits required by law before issuing you a Four Month Eviction Notice.

'''“Right of first refusal”''': In residential properties containing five or more rental units, tenants being evicted due to renovations or repairs have a “right of first refusal” to return to their unit once the renovations or repairs have been completed.

If you are interested in being offered a new tenancy agreement for your renovated unit, provide your landlord with written notice of your intention to use your right of first refusal. This will require your landlord to, at least 45 days before the completion of the renovations or repairs, inform you of the date your renovated unit will be available and provide you with a new tenancy agreement for that effective date. Although this may sound like a great opportunity, the problem is that your landlord can set your new rent at whatever amount they desire.

There are strict penalties when it comes to this area of the law. If your landlord does not offer you a right of first refusal after you have given proper notice, they could end up owing you 12 months of your previous rent as compensation. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.2 sections 51.2] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.3 51.3] of the ''RTA'' for more information.

===Move out date===

If you do not dispute a “landlord’s use” eviction notice, your move-out date will be two or four months later, on the last day of the month (assuming you pay rent on the 1st of the month). For example, if you receive a Four Month Eviction Notice on March 5th, you would have to move out by July 31st. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not think you are overholding.

===Compensation===

Landlord’s Use of Property Eviction Notices have nothing to do with bad behaviour. For this reason, if you receive a Two Month or Four Month Eviction Notice, you are entitled to one month rent as compensation to help with the financial burden of moving. Your landlord must either pay you this money or give you the last month rent free.

'''Exception:''' The one exception is if you are being evicted because you no longer qualify for your subsidized rental unit. If this is the case, you are not entitled to any compensation.

===Tenant giving notice to move out early===

If you want to move in to another rental unit before the two-month or four-month notice period has ended, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section50 section 50] of the ''RTA'' says that you can give your landlord 10 days written notice and move early. When giving short notice to move out, you are only required to pay for the days you actually live in the rental unit. For example, if you paid the full rent for the first month of a two-month notice period, but then gave 10 days written notice and moved out before the end of that first month, your landlord must pay you back for the days you did not live there. In addition, you are still entitled to one month rent as compensation for the second month of the two-month notice period.

===Landlord did not do what the eviction notice said===

Your landlord is required to follow through with the reason for your eviction. For all Two and Four Month Evictions, your landlord must start using the rental unit for the stated purpose within a reasonable period after the notice takes effect. Furthermore, unless they are evicting for renovations or demolition, they must use the rental unit for the stated purpose for at least 12 months. For example, if your landlord evicts you because they want to occupy your unit, they must do so for at least one year before renting it to someone else. If your landlord does not follow these rules, they may be ordered to pay you 12 months of rent.

'''Burden of proof''': When applying for 12 months’ rent as compensation, the burden of proof will be on your landlord. This means that, while you will be given the opportunity to present evidence at the hearing, the onus will be on your landlord to convince the arbitrator that they used the property for the stated purpose of ending your tenancy. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section51 section 51] of the ''RTA'' for more information.

'''Extenuating circumstances''': The RTB has the power to excuse the landlord from paying 12 months’ rent as compensation in “extenuating circumstances”. For example, if a landlord ends a tenancy to move in a parent, and then the parent dies one month after moving in, the landlord may be excused because the situation that unfolded could not have been reasonably anticipated and was out of the landlord’s control. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl50.pdf Policy Guideline 50] for more information.

===Fixed term tenancies and Landlord’s Use Eviction Notices===

If you have a fixed term tenancy agreement, you cannot be given a Two Month or Four Month Eviction Notice that takes effect before your contract has ended. If your landlord gives you this type of notice, it is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to apply on the last day of your agreement.

===Selling a rental unit===

When an owner sells a rental unit, the tenant living in that unit may be evicted, but it is not automatic. The new landlord (purchaser) must honour the existing tenancy agreement and can only end it by following the same eviction rules that the previous landlord (seller) would have had to follow.

If the purchaser wants to occupy the rental unit or have a “close family member” occupy the unit, they can make a request in writing that the seller issue a Two Month Eviction Notice on their behalf, but only after all the conditions of the sale have been satisfied. If the purchaser does not plan on occupying the rental unit, or having a “close family member” occupy the unit, the purchaser will become the new landlord and the tenancy will continue under the existing agreement.

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

'''Beware of mutual agreements to end tenancy:''' The Residential Tenancy Branch has a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy” form] that tenants and landlords can use to end their tenancy on an agreed upon date. If your landlord wants to evict you for “landlord’s use”, be careful not to sign this form. Some landlords may try to use a Mutual Agreement to End Tenancy form, instead of an official eviction notice, to avoid having to pay one month rent as compensation.

==Deadlines to dispute eviction notices==

There are strict deadlines for disputing eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

You must apply for dispute resolution within these deadlines. Failing to do so means that, from a legal standpoint, you are accepting the eviction notice and agreeing to move out.

'''Exceptions:''' Arbitrators do have the power to extend a deadline to apply for dispute resolution, but not beyond the effective date of an eviction notice. Extensions will only be granted in exceptional circumstances, such as hospitalization that prevented a tenant from disputing an eviction notice on time.

==Physically removing a tenant==

There are strict rules when it comes to physically removing a tenant and their possessions from a rental unit. Here are the steps that your landlord must follow:
# Serve you with a copy of a Residential Tenancy Branch (RTB) Order of Possession.
# Wait for the two-day review period to expire. (If you successfully file a RTB Application for Review Consideration during the two-day review period, the RTB will put your Order of Possession on hold. Your landlord must then wait to see if the review is decided in their favour before moving on to the next step.)
# Take the Order of Possession to the BC Supreme Court and obtain a Writ of Possession.
# Use the Writ of Possession to hire a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiff].

'''Overholding:''' If you stay past the move-out date listed on an eviction notice or Order of Possession, you may end up owing your landlord some money. In addition, if your landlord hires a court-approved bailiff to remove you and your belongings from your rental unit, you may be held responsible for at least some of the associated costs.

'''Role of the police:''' The police do not have the authority to evict tenants on their own. However, a court-approved bailiff may ask them to attend an eviction to keep the peace while a tenant is being removed.

===List of court-approved bailiffs===

The Attorney General publishes a list of [www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiffs]. Only the companies on this list can legally enforce a Writ of Possession on behalf of a landlord.

'''Warning:''' There are people in BC who are paid money to pressure tenants to move out even though they are not authorized to enforce a Writ of Possession. If someone comes to your door claiming to be a bailiff, always ask for identification.

===Court bailiff rules===

Court bailiffs carrying out an eviction can seize and sell your personal property to pay their fees. However, you have the right to claim exemptions to protect the following items:
* necessary clothing;
* household furniture and appliances worth up to $4,000;
* one motor vehicle worth up to $5,000;
* tools and other property worth up to $10,000, if they are used to earn income; and
* medical and dental aids.

Bailiffs will often give you an opportunity to claim these exemptions when they first show up at your rental unit. If your belongings are taken before you have a chance to claim your exemptions, contact the bailiff company right away. You must claim your exemptions within two days of the date you found out that your property was seized.

===Illegal lockouts===

An illegal lockout could mean that you are without access to money, medication, work tools, and personal identification. If your landlord locks you out of your rental unit, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] immediately. If your landlord continues to deny you access to your home, you will have to apply for dispute resolution to ask for an Order of Possession and monetary compensation. The RTB considers illegal lockouts a top priority when scheduling hearings.

==Other ways a tenancy could end==

There are sometimes exceptional circumstances that force tenancies to end unexpectedly. If a flood, fire, or earthquake leaves your rental unit unlivable, your tenancy agreement may be considered a “frustrated contract”, since it would be impossible for your tenancy to continue under those circumstances. See Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl34.pdf Policy Guideline 34] for more information. You may also come across a situation where the property you are living in experiences a foreclosure. This can happen when a bank or another lender takes control of your rental property because the landlord can no longer pay their mortgage.

If you find yourself in one of these complicated situations, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] to ask for additional information and assistance.

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[[Category:Tenant Survival Guide]]

Evictions

2024-07-18T19:25:02Z

Andrew Sakamoto: /* Landlord did not do what the eviction notice said */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' dispute eviction notices within the required timelines. Failing to do so means that, from a legal standpoint, you are accepting the end of your tenancy and agreeing to move out.

'''DO NOT:''' let a landlord illegally kick you out of your rental unit. Only a court-approved bailiff can physically remove you and your possessions.

==Types of evictions==

[[File:Tenant being evicted.jpg | right | frame | link= ]]

An eviction occurs when a landlord legally forces a tenant to move out of a rental unit. If your landlord wants to evict you, they must give you an approved notice with an acceptable reason for eviction according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

There are four main types of eviction notices:
# 10 Day Notice for Non-Payment of Rent;
# One Month Notice for Cause;
# Two Month Notice for Landlord’s Use of Property; and
# Four Month Notice for Landlord’s Use of Property.

==10 Day Notice for Non-Payment of Rent==

Your landlord can evict you for not paying rent, even if you are only a few dollars short or one day late. If you receive A 10 Day Eviction Notice, you have five days to pay up in order to cancel the eviction. Alternatively, if your landlord is lying, you have five days to apply for dispute resolution so that you can prove to an arbitrator that you did in fact pay your full rent on time. If you choose neither of those options within five days of receiving the eviction notice, you will be expected to move out by the 10th day. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)'' for more information.

'''Direct Request:''' A 10 Day Eviction Notice is the most serious of the four types of evictions. If you do not pay your rent or apply for dispute resolution within five days of receiving the notice, your landlord can use the Residential Tenancy Branch’s “Direct Request” process to quickly obtain an Order of Possession without even participating in a dispute resolution hearing.

'''Utilities:''' If you fail to pay for utilities charges you owe, your landlord can give you a 10 Day Eviction Notice, but only after giving you 30 days written notice demanding payment.

'''No excuses:''' The ''RTA'' does not have any “hardship” provisions. This means that you can be evicted from your home even if you have a disability, lose your job, or it’s winter. In addition, being evicted for non-payment of rent does not relieve you of your responsibility to pay the full rent for that month. If you are evicted by the 11th day of the month, your landlord could still go after you for the entire month of rent.

==One Month Notice for Cause==

The most common reasons for receiving a One Month Eviction Notice are:
* unreasonably disturbing your landlord or other occupants;
* repeatedly paying rent late;
* seriously damaging your rental unit or building;
* not fixing or paying for damage caused by you, your guests, or your pets;
* causing danger to your landlord or other occupants;
* having too many occupants living in your rental unit;
* engaging in illegal activity that negatively affects your rental unit, building, landlord, or other occupants; and
* breaching a “material term” (serious rule) of your tenancy agreement and ignoring a written warning from your landlord.

There are other less common reasons for receiving a One Month Eviction Notice. For a full list, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''Residential Tenancy Act (RTA)''.

If you feel that your landlord has unfairly given you a One Month Eviction Notice, you have 10 days to challenge the notice by applying for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

'''Repeated late payment of rent:''' You can receive a One Month Eviction Notice if you pay rent late at least three times within an unreasonable short period. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.

'''Occupant limit:''' Your tenancy agreement may limit the number of permanent occupants allowed in your rental unit. If so, your landlord would have a strong case for eviction if you exceeded the maximum. However, even if your tenancy agreement does not include a term about the occupant limit, your landlord can still give you 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)(c)] of the ''RTA'' if they believe you have moved in an unreasonable number of roommates.

===Move out date===

If you do not dispute your eviction, you have until the last day of the next month to move out (assuming you pay rent on the 1st of the month). For example, if you receive a One Month Eviction Notice on March 5th, you would have to move out by April 30th. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure they understand that you are not illegally overholding the rental unit.

===Early eviction===

If you are causing extremely serious problems, your landlord can ask the RTB for permission to evict you before a One Month Eviction Notice would take effect. Your landlord is not required to give you an eviction notice before applying for this type of dispute resolution hearing. However, they must provide you with notice of the hearing so that you have a chance to present evidence and defend yourself to an arbitrator.

If an arbitrator determines that it would be unreasonable or unfair to the landlord or other occupants of your building to wait for a One Month Eviction Notice to take effect, your landlord will be given an Order of Possession to take back your rental unit on an earlier date. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section56 section 56] of the ''RTA'' for more information.

==Landlord's Use of Property Eviction Notices==

===Two Month Eviction Notice===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49.1 section 49.1] of the ''Residential Tenancy Act (RTA)'', you may receive a Two Month Eviction Notice if you no longer qualify for your subsidized rental unit.

If you would like to challenge a Two Month Eviction Notice, you have 15 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

===Four Month Eviction Notices===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA'', you may receive a Four Month Eviction Notice if:

* your landlord, or a “close family member” of your landlord, wants to occupy your rental unit;
**Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
* your rental unit was sold and the purchaser, or a “close family member” of the purchaser, wants to occupy your rental unit;
** Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
* demolish a rental unit;
* convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';
* convert the residential property into cooperative housing under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/99028_01 Cooperative Association Act]'';
* convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or
* convert a rental unit to a non-residential use.

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

For evictions related to personal occupancy or caretaker use, landlords are required to use a [https://logon7.gov.bc.ca/clp-cgi/capBceid/logon.cgi?flags=1001:1,8&TYPE=33554433&REALMOID=06-43f45bcb-a1a4-4e9b-bc1f-639c46ca6cd1&GUID=&SMAUTHREASON=0&METHOD=GET&SMAGENTNAME=$SM$yqhwjVFjDpU%2f5HRAoNIfv65TfmWyYzWfxZIfYiXBAlqsdl3%2bDnKhpmaoehgbosRKCj0Nk27gBqGn6%2fJXTkEOA6aLUP%2bhw8dO&TARGET=$SM$https%3a%2f%2ftenancydispute%2egov%2ebc%2eca%2fLandlordUse%2fLogin web portal] on the RTB website to generate an eviction notice.

'''Evictions for renovations:''' The ''RTA'' also allows landlords to evict tenants, with four months’ notice, for major renovations that require a unit to be empty for an extended period. However, unlike other types of evictions, the landlord is required to apply for a dispute resolution hearing through the RTB, rather than serve an eviction notice on the tenant. This means that, for evictions for renovations, the onus to initiate dispute resolution proceedings is reversed. Instead of you being required to dispute an eviction notice by a certain deadline, your landlord is automatically required to apply for the RTB’s permission to evict you. At this mandatory dispute resolution hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to approve the eviction.

'''Permits:''' Your landlord must obtain the necessary permits required by law before issuing you a Four Month Eviction Notice.

'''“Right of first refusal”''': In residential properties containing five or more rental units, tenants being evicted due to renovations or repairs have a “right of first refusal” to return to their unit once the renovations or repairs have been completed.

If you are interested in being offered a new tenancy agreement for your renovated unit, provide your landlord with written notice of your intention to use your right of first refusal. This will require your landlord to, at least 45 days before the completion of the renovations or repairs, inform you of the date your renovated unit will be available and provide you with a new tenancy agreement for that effective date. Although this may sound like a great opportunity, the problem is that your landlord can set your new rent at whatever amount they desire.

There are strict penalties when it comes to this area of the law. If your landlord does not offer you a right of first refusal after you have given proper notice, they could end up owing you 12 months of your previous rent as compensation. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.2 sections 51.2] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.3 51.3] of the ''RTA'' for more information.

===Move out date===

If you do not dispute a “landlord’s use” eviction notice, your move-out date will be two or four months later, on the last day of the month (assuming you pay rent on the 1st of the month). For example, if you receive a Four Month Eviction Notice on March 5th, you would have to move out by July 31st. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not think you are overholding.

===Compensation===

Landlord’s Use of Property Eviction Notices have nothing to do with bad behaviour. For this reason, if you receive a Two Month or Four Month Eviction Notice, you are entitled to one month rent as compensation to help with the financial burden of moving. Your landlord must either pay you this money or give you the last month rent free.

'''Exception:''' The one exception is if you are being evicted because you no longer qualify for your subsidized rental unit. If this is the case, you are not entitled to any compensation.

===Tenant giving notice to move out early===

If you want to move in to another rental unit before the two-month or four-month notice period has ended, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section50 section 50] of the ''RTA'' says that you can give your landlord 10 days written notice and move early. When giving short notice to move out, you are only required to pay for the days you actually live in the rental unit. For example, if you paid the full rent for the first month of a two-month notice period, but then gave 10 days written notice and moved out before the end of that first month, your landlord must pay you back for the days you did not live there. In addition, you are still entitled to one month rent as compensation for the second month of the two-month notice period.

===Landlord did not do what the eviction notice said===

Your landlord is required to follow through with the reason for your eviction. For all Two and Four Month Evictions, your landlord must start using the rental unit for the stated purpose within a reasonable period after the notice takes effect. Furthermore, unless they are evicting for renovations or demolition, they must use the rental unit for the stated purpose for at least 12 months. For example, if your landlord evicts you because they want to occupy your unit, they must do so for at least one year before renting it to someone else. If your landlord does not follow these rules, they may be ordered to pay you 12 months of rent.

'''Burden of proof''': When applying for 12 months’ rent as compensation, the burden of proof will be on your landlord. This means that, while you will be given the opportunity to present evidence at the hearing, the onus will be on your landlord to convince the arbitrator that they used the property for the stated purpose of ending your tenancy. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section51 section 51] of the ''RTA'' for more information.

'''Extenuating circumstances''': The RTB has the power to excuse the landlord from paying 12 months’ rent as compensation in “extenuating circumstances”. For example, if a landlord ends a tenancy to move in a parent, and then the parent dies one month after moving in, the landlord may be excused because the situation that unfolded could not have been reasonably anticipated and was out of the landlord’s control. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl50.pdf Policy Guideline 50] for more information.

===Fixed term tenancies and Landlord’s Use Eviction Notices===

If you have a fixed term tenancy agreement, you cannot be given a Two Month or Four Month Eviction Notice that takes effect before your contract has ended. If your landlord gives you this type of notice, it is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to apply on the last day of your agreement.

===Selling a rental unit===

When an owner sells a rental unit, the tenant living in that unit may be evicted, but it is not automatic. The new landlord (purchaser) must honour the existing tenancy agreement and can only end it by following the same eviction rules that the previous landlord (seller) would have had to follow.

If the purchaser wants to occupy the rental unit or have a “close family member” occupy the unit, they can make a request in writing that the seller issue a Two Month Eviction Notice on their behalf, but only after all the conditions of the sale have been satisfied. If the purchaser does not plan on occupying the rental unit, or having a “close family member” occupy the unit, the purchaser will become the new landlord and the tenancy will continue under the existing agreement.

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

'''Beware of mutual agreements to end tenancy:''' The Residential Tenancy Branch has a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy” form] that tenants and landlords can use to end their tenancy on an agreed upon date. If your landlord wants to evict you for “landlord’s use”, be careful not to sign this form. Some landlords may try to use a Mutual Agreement to End Tenancy form, instead of an official eviction notice, to avoid having to pay one month rent as compensation.

==Deadlines to dispute eviction notices==

There are strict deadlines for disputing eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

You must apply for dispute resolution within these deadlines. Failing to do so means that, from a legal standpoint, you are accepting the eviction notice and agreeing to move out.

'''Exceptions:''' Arbitrators do have the power to extend a deadline to apply for dispute resolution, but not beyond the effective date of an eviction notice. Extensions will only be granted in exceptional circumstances, such as hospitalization that prevented a tenant from disputing an eviction notice on time.

==Physically removing a tenant==

There are strict rules when it comes to physically removing a tenant and their possessions from a rental unit. Here are the steps that your landlord must follow:
# Serve you with a copy of a Residential Tenancy Branch (RTB) Order of Possession.
# Wait for the two-day review period to expire. (If you successfully file a RTB Application for Review Consideration during the two-day review period, the RTB will put your Order of Possession on hold. Your landlord must then wait to see if the review is decided in their favour before moving on to the next step.)
# Take the Order of Possession to the BC Supreme Court and obtain a Writ of Possession.
# Use the Writ of Possession to hire a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiff].

'''Overholding:''' If you stay past the move-out date listed on an eviction notice or Order of Possession, you may end up owing your landlord some money. In addition, if your landlord hires a court-approved bailiff to remove you and your belongings from your rental unit, you may be held responsible for at least some of the associated costs.

'''Role of the police:''' The police do not have the authority to evict tenants on their own. However, a court-approved bailiff may ask them to attend an eviction to keep the peace while a tenant is being removed.

===List of court-approved bailiffs===

The Attorney General publishes a list of [www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiffs]. Only the companies on this list can legally enforce a Writ of Possession on behalf of a landlord.

'''Warning:''' There are people in BC who are paid money to pressure tenants to move out even though they are not authorized to enforce a Writ of Possession. If someone comes to your door claiming to be a bailiff, always ask for identification.

===Court bailiff rules===

Court bailiffs carrying out an eviction can seize and sell your personal property to pay their fees. However, you have the right to claim exemptions to protect the following items:
* necessary clothing;
* household furniture and appliances worth up to $4,000;
* one motor vehicle worth up to $5,000;
* tools and other property worth up to $10,000, if they are used to earn income; and
* medical and dental aids.

Bailiffs will often give you an opportunity to claim these exemptions when they first show up at your rental unit. If your belongings are taken before you have a chance to claim your exemptions, contact the bailiff company right away. You must claim your exemptions within two days of the date you found out that your property was seized.

===Illegal lockouts===

An illegal lockout could mean that you are without access to money, medication, work tools, and personal identification. If your landlord locks you out of your rental unit, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] immediately. If your landlord continues to deny you access to your home, you will have to apply for dispute resolution to ask for an Order of Possession and monetary compensation. The RTB considers illegal lockouts a top priority when scheduling hearings.

==Other ways a tenancy could end==

There are sometimes exceptional circumstances that force tenancies to end unexpectedly. If a flood, fire, or earthquake leaves your rental unit unlivable, your tenancy agreement may be considered a “frustrated contract”, since it would be impossible for your tenancy to continue under those circumstances. See Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl34.pdf Policy Guideline 34] for more information. You may also come across a situation where the property you are living in experiences a foreclosure. This can happen when a bank or another lender takes control of your rental property because the landlord can no longer pay their mortgage.

If you find yourself in one of these complicated situations, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] to ask for additional information and assistance.

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[[Category:Tenant Survival Guide]]

Evictions

2024-07-18T19:23:27Z

Andrew Sakamoto: /* Four Month Eviction Notices */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' dispute eviction notices within the required timelines. Failing to do so means that, from a legal standpoint, you are accepting the end of your tenancy and agreeing to move out.

'''DO NOT:''' let a landlord illegally kick you out of your rental unit. Only a court-approved bailiff can physically remove you and your possessions.

==Types of evictions==

[[File:Tenant being evicted.jpg | right | frame | link= ]]

An eviction occurs when a landlord legally forces a tenant to move out of a rental unit. If your landlord wants to evict you, they must give you an approved notice with an acceptable reason for eviction according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

There are four main types of eviction notices:
# 10 Day Notice for Non-Payment of Rent;
# One Month Notice for Cause;
# Two Month Notice for Landlord’s Use of Property; and
# Four Month Notice for Landlord’s Use of Property.

==10 Day Notice for Non-Payment of Rent==

Your landlord can evict you for not paying rent, even if you are only a few dollars short or one day late. If you receive A 10 Day Eviction Notice, you have five days to pay up in order to cancel the eviction. Alternatively, if your landlord is lying, you have five days to apply for dispute resolution so that you can prove to an arbitrator that you did in fact pay your full rent on time. If you choose neither of those options within five days of receiving the eviction notice, you will be expected to move out by the 10th day. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)'' for more information.

'''Direct Request:''' A 10 Day Eviction Notice is the most serious of the four types of evictions. If you do not pay your rent or apply for dispute resolution within five days of receiving the notice, your landlord can use the Residential Tenancy Branch’s “Direct Request” process to quickly obtain an Order of Possession without even participating in a dispute resolution hearing.

'''Utilities:''' If you fail to pay for utilities charges you owe, your landlord can give you a 10 Day Eviction Notice, but only after giving you 30 days written notice demanding payment.

'''No excuses:''' The ''RTA'' does not have any “hardship” provisions. This means that you can be evicted from your home even if you have a disability, lose your job, or it’s winter. In addition, being evicted for non-payment of rent does not relieve you of your responsibility to pay the full rent for that month. If you are evicted by the 11th day of the month, your landlord could still go after you for the entire month of rent.

==One Month Notice for Cause==

The most common reasons for receiving a One Month Eviction Notice are:
* unreasonably disturbing your landlord or other occupants;
* repeatedly paying rent late;
* seriously damaging your rental unit or building;
* not fixing or paying for damage caused by you, your guests, or your pets;
* causing danger to your landlord or other occupants;
* having too many occupants living in your rental unit;
* engaging in illegal activity that negatively affects your rental unit, building, landlord, or other occupants; and
* breaching a “material term” (serious rule) of your tenancy agreement and ignoring a written warning from your landlord.

There are other less common reasons for receiving a One Month Eviction Notice. For a full list, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''Residential Tenancy Act (RTA)''.

If you feel that your landlord has unfairly given you a One Month Eviction Notice, you have 10 days to challenge the notice by applying for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

'''Repeated late payment of rent:''' You can receive a One Month Eviction Notice if you pay rent late at least three times within an unreasonable short period. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.

'''Occupant limit:''' Your tenancy agreement may limit the number of permanent occupants allowed in your rental unit. If so, your landlord would have a strong case for eviction if you exceeded the maximum. However, even if your tenancy agreement does not include a term about the occupant limit, your landlord can still give you 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)(c)] of the ''RTA'' if they believe you have moved in an unreasonable number of roommates.

===Move out date===

If you do not dispute your eviction, you have until the last day of the next month to move out (assuming you pay rent on the 1st of the month). For example, if you receive a One Month Eviction Notice on March 5th, you would have to move out by April 30th. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure they understand that you are not illegally overholding the rental unit.

===Early eviction===

If you are causing extremely serious problems, your landlord can ask the RTB for permission to evict you before a One Month Eviction Notice would take effect. Your landlord is not required to give you an eviction notice before applying for this type of dispute resolution hearing. However, they must provide you with notice of the hearing so that you have a chance to present evidence and defend yourself to an arbitrator.

If an arbitrator determines that it would be unreasonable or unfair to the landlord or other occupants of your building to wait for a One Month Eviction Notice to take effect, your landlord will be given an Order of Possession to take back your rental unit on an earlier date. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section56 section 56] of the ''RTA'' for more information.

==Landlord's Use of Property Eviction Notices==

===Two Month Eviction Notice===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49.1 section 49.1] of the ''Residential Tenancy Act (RTA)'', you may receive a Two Month Eviction Notice if you no longer qualify for your subsidized rental unit.

If you would like to challenge a Two Month Eviction Notice, you have 15 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

===Four Month Eviction Notices===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA'', you may receive a Four Month Eviction Notice if:

* your landlord, or a “close family member” of your landlord, wants to occupy your rental unit;
**Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
* your rental unit was sold and the purchaser, or a “close family member” of the purchaser, wants to occupy your rental unit;
** Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
* demolish a rental unit;
* convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';
* convert the residential property into cooperative housing under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/99028_01 Cooperative Association Act]'';
* convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or
* convert a rental unit to a non-residential use.

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

For evictions related to personal occupancy or caretaker use, landlords are required to use a [https://logon7.gov.bc.ca/clp-cgi/capBceid/logon.cgi?flags=1001:1,8&TYPE=33554433&REALMOID=06-43f45bcb-a1a4-4e9b-bc1f-639c46ca6cd1&GUID=&SMAUTHREASON=0&METHOD=GET&SMAGENTNAME=$SM$yqhwjVFjDpU%2f5HRAoNIfv65TfmWyYzWfxZIfYiXBAlqsdl3%2bDnKhpmaoehgbosRKCj0Nk27gBqGn6%2fJXTkEOA6aLUP%2bhw8dO&TARGET=$SM$https%3a%2f%2ftenancydispute%2egov%2ebc%2eca%2fLandlordUse%2fLogin web portal] on the RTB website to generate an eviction notice.

'''Evictions for renovations:''' The ''RTA'' also allows landlords to evict tenants, with four months’ notice, for major renovations that require a unit to be empty for an extended period. However, unlike other types of evictions, the landlord is required to apply for a dispute resolution hearing through the RTB, rather than serve an eviction notice on the tenant. This means that, for evictions for renovations, the onus to initiate dispute resolution proceedings is reversed. Instead of you being required to dispute an eviction notice by a certain deadline, your landlord is automatically required to apply for the RTB’s permission to evict you. At this mandatory dispute resolution hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to approve the eviction.

'''Permits:''' Your landlord must obtain the necessary permits required by law before issuing you a Four Month Eviction Notice.

'''“Right of first refusal”''': In residential properties containing five or more rental units, tenants being evicted due to renovations or repairs have a “right of first refusal” to return to their unit once the renovations or repairs have been completed.

If you are interested in being offered a new tenancy agreement for your renovated unit, provide your landlord with written notice of your intention to use your right of first refusal. This will require your landlord to, at least 45 days before the completion of the renovations or repairs, inform you of the date your renovated unit will be available and provide you with a new tenancy agreement for that effective date. Although this may sound like a great opportunity, the problem is that your landlord can set your new rent at whatever amount they desire.

There are strict penalties when it comes to this area of the law. If your landlord does not offer you a right of first refusal after you have given proper notice, they could end up owing you 12 months of your previous rent as compensation. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.2 sections 51.2] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.3 51.3] of the ''RTA'' for more information.

===Move out date===

If you do not dispute a “landlord’s use” eviction notice, your move-out date will be two or four months later, on the last day of the month (assuming you pay rent on the 1st of the month). For example, if you receive a Four Month Eviction Notice on March 5th, you would have to move out by July 31st. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not think you are overholding.

===Compensation===

Landlord’s Use of Property Eviction Notices have nothing to do with bad behaviour. For this reason, if you receive a Two Month or Four Month Eviction Notice, you are entitled to one month rent as compensation to help with the financial burden of moving. Your landlord must either pay you this money or give you the last month rent free.

'''Exception:''' The one exception is if you are being evicted because you no longer qualify for your subsidized rental unit. If this is the case, you are not entitled to any compensation.

===Tenant giving notice to move out early===

If you want to move in to another rental unit before the two-month or four-month notice period has ended, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section50 section 50] of the ''RTA'' says that you can give your landlord 10 days written notice and move early. When giving short notice to move out, you are only required to pay for the days you actually live in the rental unit. For example, if you paid the full rent for the first month of a two-month notice period, but then gave 10 days written notice and moved out before the end of that first month, your landlord must pay you back for the days you did not live there. In addition, you are still entitled to one month rent as compensation for the second month of the two-month notice period.

===Landlord did not do what the eviction notice said===

Your landlord must follow through with the reason for your eviction. If your rental unit is not used for the stated purpose for at least 12 months, beginning within a reasonable period after the notice takes effect, your landlord may owe you 12 months of your previous rent as compensation. For example, a landlord may claim that they are moving in, but instead rent the unit to a new tenant at a higher rent.

'''Burden of proof''': When applying for 12 months’ rent as compensation, the burden of proof will be on your landlord. This means that, while you will be given the opportunity to present evidence at the hearing, the onus will be on your landlord to convince the arbitrator that they used the property for the stated purpose of ending your tenancy. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section51 section 51] of the ''RTA'' for more information.

'''Extenuating circumstances''': The RTB has the power to excuse the landlord from paying 12 months’ rent as compensation in “extenuating circumstances”. For example, if a landlord ends a tenancy to move in a parent, and then the parent dies one month after moving in, the landlord may be excused because the situation that unfolded could not have been reasonably anticipated and was out of the landlord’s control. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl50.pdf Policy Guideline 50] for more information.

===Fixed term tenancies and Landlord’s Use Eviction Notices===

If you have a fixed term tenancy agreement, you cannot be given a Two Month or Four Month Eviction Notice that takes effect before your contract has ended. If your landlord gives you this type of notice, it is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to apply on the last day of your agreement.

===Selling a rental unit===

When an owner sells a rental unit, the tenant living in that unit may be evicted, but it is not automatic. The new landlord (purchaser) must honour the existing tenancy agreement and can only end it by following the same eviction rules that the previous landlord (seller) would have had to follow.

If the purchaser wants to occupy the rental unit or have a “close family member” occupy the unit, they can make a request in writing that the seller issue a Two Month Eviction Notice on their behalf, but only after all the conditions of the sale have been satisfied. If the purchaser does not plan on occupying the rental unit, or having a “close family member” occupy the unit, the purchaser will become the new landlord and the tenancy will continue under the existing agreement.

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

'''Beware of mutual agreements to end tenancy:''' The Residential Tenancy Branch has a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy” form] that tenants and landlords can use to end their tenancy on an agreed upon date. If your landlord wants to evict you for “landlord’s use”, be careful not to sign this form. Some landlords may try to use a Mutual Agreement to End Tenancy form, instead of an official eviction notice, to avoid having to pay one month rent as compensation.

==Deadlines to dispute eviction notices==

There are strict deadlines for disputing eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

You must apply for dispute resolution within these deadlines. Failing to do so means that, from a legal standpoint, you are accepting the eviction notice and agreeing to move out.

'''Exceptions:''' Arbitrators do have the power to extend a deadline to apply for dispute resolution, but not beyond the effective date of an eviction notice. Extensions will only be granted in exceptional circumstances, such as hospitalization that prevented a tenant from disputing an eviction notice on time.

==Physically removing a tenant==

There are strict rules when it comes to physically removing a tenant and their possessions from a rental unit. Here are the steps that your landlord must follow:
# Serve you with a copy of a Residential Tenancy Branch (RTB) Order of Possession.
# Wait for the two-day review period to expire. (If you successfully file a RTB Application for Review Consideration during the two-day review period, the RTB will put your Order of Possession on hold. Your landlord must then wait to see if the review is decided in their favour before moving on to the next step.)
# Take the Order of Possession to the BC Supreme Court and obtain a Writ of Possession.
# Use the Writ of Possession to hire a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiff].

'''Overholding:''' If you stay past the move-out date listed on an eviction notice or Order of Possession, you may end up owing your landlord some money. In addition, if your landlord hires a court-approved bailiff to remove you and your belongings from your rental unit, you may be held responsible for at least some of the associated costs.

'''Role of the police:''' The police do not have the authority to evict tenants on their own. However, a court-approved bailiff may ask them to attend an eviction to keep the peace while a tenant is being removed.

===List of court-approved bailiffs===

The Attorney General publishes a list of [www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiffs]. Only the companies on this list can legally enforce a Writ of Possession on behalf of a landlord.

'''Warning:''' There are people in BC who are paid money to pressure tenants to move out even though they are not authorized to enforce a Writ of Possession. If someone comes to your door claiming to be a bailiff, always ask for identification.

===Court bailiff rules===

Court bailiffs carrying out an eviction can seize and sell your personal property to pay their fees. However, you have the right to claim exemptions to protect the following items:
* necessary clothing;
* household furniture and appliances worth up to $4,000;
* one motor vehicle worth up to $5,000;
* tools and other property worth up to $10,000, if they are used to earn income; and
* medical and dental aids.

Bailiffs will often give you an opportunity to claim these exemptions when they first show up at your rental unit. If your belongings are taken before you have a chance to claim your exemptions, contact the bailiff company right away. You must claim your exemptions within two days of the date you found out that your property was seized.

===Illegal lockouts===

An illegal lockout could mean that you are without access to money, medication, work tools, and personal identification. If your landlord locks you out of your rental unit, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] immediately. If your landlord continues to deny you access to your home, you will have to apply for dispute resolution to ask for an Order of Possession and monetary compensation. The RTB considers illegal lockouts a top priority when scheduling hearings.

==Other ways a tenancy could end==

There are sometimes exceptional circumstances that force tenancies to end unexpectedly. If a flood, fire, or earthquake leaves your rental unit unlivable, your tenancy agreement may be considered a “frustrated contract”, since it would be impossible for your tenancy to continue under those circumstances. See Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl34.pdf Policy Guideline 34] for more information. You may also come across a situation where the property you are living in experiences a foreclosure. This can happen when a bank or another lender takes control of your rental property because the landlord can no longer pay their mortgage.

If you find yourself in one of these complicated situations, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] to ask for additional information and assistance.

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Evictions

2024-07-18T19:19:54Z

Andrew Sakamoto: /* Landlord's Use of Property Eviction Notices */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' dispute eviction notices within the required timelines. Failing to do so means that, from a legal standpoint, you are accepting the end of your tenancy and agreeing to move out.

'''DO NOT:''' let a landlord illegally kick you out of your rental unit. Only a court-approved bailiff can physically remove you and your possessions.

==Types of evictions==

[[File:Tenant being evicted.jpg | right | frame | link= ]]

An eviction occurs when a landlord legally forces a tenant to move out of a rental unit. If your landlord wants to evict you, they must give you an approved notice with an acceptable reason for eviction according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

There are four main types of eviction notices:
# 10 Day Notice for Non-Payment of Rent;
# One Month Notice for Cause;
# Two Month Notice for Landlord’s Use of Property; and
# Four Month Notice for Landlord’s Use of Property.

==10 Day Notice for Non-Payment of Rent==

Your landlord can evict you for not paying rent, even if you are only a few dollars short or one day late. If you receive A 10 Day Eviction Notice, you have five days to pay up in order to cancel the eviction. Alternatively, if your landlord is lying, you have five days to apply for dispute resolution so that you can prove to an arbitrator that you did in fact pay your full rent on time. If you choose neither of those options within five days of receiving the eviction notice, you will be expected to move out by the 10th day. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)'' for more information.

'''Direct Request:''' A 10 Day Eviction Notice is the most serious of the four types of evictions. If you do not pay your rent or apply for dispute resolution within five days of receiving the notice, your landlord can use the Residential Tenancy Branch’s “Direct Request” process to quickly obtain an Order of Possession without even participating in a dispute resolution hearing.

'''Utilities:''' If you fail to pay for utilities charges you owe, your landlord can give you a 10 Day Eviction Notice, but only after giving you 30 days written notice demanding payment.

'''No excuses:''' The ''RTA'' does not have any “hardship” provisions. This means that you can be evicted from your home even if you have a disability, lose your job, or it’s winter. In addition, being evicted for non-payment of rent does not relieve you of your responsibility to pay the full rent for that month. If you are evicted by the 11th day of the month, your landlord could still go after you for the entire month of rent.

==One Month Notice for Cause==

The most common reasons for receiving a One Month Eviction Notice are:
* unreasonably disturbing your landlord or other occupants;
* repeatedly paying rent late;
* seriously damaging your rental unit or building;
* not fixing or paying for damage caused by you, your guests, or your pets;
* causing danger to your landlord or other occupants;
* having too many occupants living in your rental unit;
* engaging in illegal activity that negatively affects your rental unit, building, landlord, or other occupants; and
* breaching a “material term” (serious rule) of your tenancy agreement and ignoring a written warning from your landlord.

There are other less common reasons for receiving a One Month Eviction Notice. For a full list, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''Residential Tenancy Act (RTA)''.

If you feel that your landlord has unfairly given you a One Month Eviction Notice, you have 10 days to challenge the notice by applying for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

'''Repeated late payment of rent:''' You can receive a One Month Eviction Notice if you pay rent late at least three times within an unreasonable short period. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.

'''Occupant limit:''' Your tenancy agreement may limit the number of permanent occupants allowed in your rental unit. If so, your landlord would have a strong case for eviction if you exceeded the maximum. However, even if your tenancy agreement does not include a term about the occupant limit, your landlord can still give you 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)(c)] of the ''RTA'' if they believe you have moved in an unreasonable number of roommates.

===Move out date===

If you do not dispute your eviction, you have until the last day of the next month to move out (assuming you pay rent on the 1st of the month). For example, if you receive a One Month Eviction Notice on March 5th, you would have to move out by April 30th. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure they understand that you are not illegally overholding the rental unit.

===Early eviction===

If you are causing extremely serious problems, your landlord can ask the RTB for permission to evict you before a One Month Eviction Notice would take effect. Your landlord is not required to give you an eviction notice before applying for this type of dispute resolution hearing. However, they must provide you with notice of the hearing so that you have a chance to present evidence and defend yourself to an arbitrator.

If an arbitrator determines that it would be unreasonable or unfair to the landlord or other occupants of your building to wait for a One Month Eviction Notice to take effect, your landlord will be given an Order of Possession to take back your rental unit on an earlier date. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section56 section 56] of the ''RTA'' for more information.

==Landlord's Use of Property Eviction Notices==

===Two Month Eviction Notice===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49.1 section 49.1] of the ''Residential Tenancy Act (RTA)'', you may receive a Two Month Eviction Notice if you no longer qualify for your subsidized rental unit.

If you would like to challenge a Two Month Eviction Notice, you have 15 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

===Four Month Eviction Notices===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA'', your landlord can issue you a Four Month Eviction Notice if they plan to:
* demolish a rental unit;
* convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';
* convert the residential property into cooperative housing under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/99028_01 Cooperative Association Act]'';
* convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or
* convert a rental unit to a non-residential use.

If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

'''Evictions for renovations:''' The ''RTA'' also allows landlords to evict tenants, with four months’ notice, for major renovations that require a unit to be empty for an extended period. However, unlike other types of evictions, the landlord is required to apply for a dispute resolution hearing through the RTB, rather than serve an eviction notice on the tenant. This means that, for evictions for renovations, the onus to initiate dispute resolution proceedings is reversed. Instead of you being required to dispute an eviction notice by a certain deadline, your landlord is automatically required to apply for the RTB’s permission to evict you. At this mandatory dispute resolution hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to approve the eviction.

'''Permits:''' Your landlord must obtain the necessary permits required by law before issuing you a Four Month Eviction Notice.

'''“Right of first refusal”''': In residential properties containing five or more rental units, tenants being evicted due to renovations or repairs have a “right of first refusal” to return to their unit once the renovations or repairs have been completed.

If you are interested in being offered a new tenancy agreement for your renovated unit, provide your landlord with written notice of your intention to use your right of first refusal. This will require your landlord to, at least 45 days before the completion of the renovations or repairs, inform you of the date your renovated unit will be available and provide you with a new tenancy agreement for that effective date. Although this may sound like a great opportunity, the problem is that your landlord can set your new rent at whatever amount they desire.

There are strict penalties when it comes to this area of the law. If your landlord does not offer you a right of first refusal after you have given proper notice, they could end up owing you 12 months of your previous rent as compensation. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.2 sections 51.2] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.3 51.3] of the ''RTA'' for more information.

===Move out date===

If you do not dispute a “landlord’s use” eviction notice, your move-out date will be two or four months later, on the last day of the month (assuming you pay rent on the 1st of the month). For example, if you receive a Four Month Eviction Notice on March 5th, you would have to move out by July 31st. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not think you are overholding.

===Compensation===

Landlord’s Use of Property Eviction Notices have nothing to do with bad behaviour. For this reason, if you receive a Two Month or Four Month Eviction Notice, you are entitled to one month rent as compensation to help with the financial burden of moving. Your landlord must either pay you this money or give you the last month rent free.

'''Exception:''' The one exception is if you are being evicted because you no longer qualify for your subsidized rental unit. If this is the case, you are not entitled to any compensation.

===Tenant giving notice to move out early===

If you want to move in to another rental unit before the two-month or four-month notice period has ended, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section50 section 50] of the ''RTA'' says that you can give your landlord 10 days written notice and move early. When giving short notice to move out, you are only required to pay for the days you actually live in the rental unit. For example, if you paid the full rent for the first month of a two-month notice period, but then gave 10 days written notice and moved out before the end of that first month, your landlord must pay you back for the days you did not live there. In addition, you are still entitled to one month rent as compensation for the second month of the two-month notice period.

===Landlord did not do what the eviction notice said===

Your landlord must follow through with the reason for your eviction. If your rental unit is not used for the stated purpose for at least 12 months, beginning within a reasonable period after the notice takes effect, your landlord may owe you 12 months of your previous rent as compensation. For example, a landlord may claim that they are moving in, but instead rent the unit to a new tenant at a higher rent.

'''Burden of proof''': When applying for 12 months’ rent as compensation, the burden of proof will be on your landlord. This means that, while you will be given the opportunity to present evidence at the hearing, the onus will be on your landlord to convince the arbitrator that they used the property for the stated purpose of ending your tenancy. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section51 section 51] of the ''RTA'' for more information.

'''Extenuating circumstances''': The RTB has the power to excuse the landlord from paying 12 months’ rent as compensation in “extenuating circumstances”. For example, if a landlord ends a tenancy to move in a parent, and then the parent dies one month after moving in, the landlord may be excused because the situation that unfolded could not have been reasonably anticipated and was out of the landlord’s control. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl50.pdf Policy Guideline 50] for more information.

===Fixed term tenancies and Landlord’s Use Eviction Notices===

If you have a fixed term tenancy agreement, you cannot be given a Two Month or Four Month Eviction Notice that takes effect before your contract has ended. If your landlord gives you this type of notice, it is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to apply on the last day of your agreement.

===Selling a rental unit===

When an owner sells a rental unit, the tenant living in that unit may be evicted, but it is not automatic. The new landlord (purchaser) must honour the existing tenancy agreement and can only end it by following the same eviction rules that the previous landlord (seller) would have had to follow.

If the purchaser wants to occupy the rental unit or have a “close family member” occupy the unit, they can make a request in writing that the seller issue a Two Month Eviction Notice on their behalf, but only after all the conditions of the sale have been satisfied. If the purchaser does not plan on occupying the rental unit, or having a “close family member” occupy the unit, the purchaser will become the new landlord and the tenancy will continue under the existing agreement.

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

'''Beware of mutual agreements to end tenancy:''' The Residential Tenancy Branch has a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy” form] that tenants and landlords can use to end their tenancy on an agreed upon date. If your landlord wants to evict you for “landlord’s use”, be careful not to sign this form. Some landlords may try to use a Mutual Agreement to End Tenancy form, instead of an official eviction notice, to avoid having to pay one month rent as compensation.

==Deadlines to dispute eviction notices==

There are strict deadlines for disputing eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

You must apply for dispute resolution within these deadlines. Failing to do so means that, from a legal standpoint, you are accepting the eviction notice and agreeing to move out.

'''Exceptions:''' Arbitrators do have the power to extend a deadline to apply for dispute resolution, but not beyond the effective date of an eviction notice. Extensions will only be granted in exceptional circumstances, such as hospitalization that prevented a tenant from disputing an eviction notice on time.

==Physically removing a tenant==

There are strict rules when it comes to physically removing a tenant and their possessions from a rental unit. Here are the steps that your landlord must follow:
# Serve you with a copy of a Residential Tenancy Branch (RTB) Order of Possession.
# Wait for the two-day review period to expire. (If you successfully file a RTB Application for Review Consideration during the two-day review period, the RTB will put your Order of Possession on hold. Your landlord must then wait to see if the review is decided in their favour before moving on to the next step.)
# Take the Order of Possession to the BC Supreme Court and obtain a Writ of Possession.
# Use the Writ of Possession to hire a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiff].

'''Overholding:''' If you stay past the move-out date listed on an eviction notice or Order of Possession, you may end up owing your landlord some money. In addition, if your landlord hires a court-approved bailiff to remove you and your belongings from your rental unit, you may be held responsible for at least some of the associated costs.

'''Role of the police:''' The police do not have the authority to evict tenants on their own. However, a court-approved bailiff may ask them to attend an eviction to keep the peace while a tenant is being removed.

===List of court-approved bailiffs===

The Attorney General publishes a list of [www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiffs]. Only the companies on this list can legally enforce a Writ of Possession on behalf of a landlord.

'''Warning:''' There are people in BC who are paid money to pressure tenants to move out even though they are not authorized to enforce a Writ of Possession. If someone comes to your door claiming to be a bailiff, always ask for identification.

===Court bailiff rules===

Court bailiffs carrying out an eviction can seize and sell your personal property to pay their fees. However, you have the right to claim exemptions to protect the following items:
* necessary clothing;
* household furniture and appliances worth up to $4,000;
* one motor vehicle worth up to $5,000;
* tools and other property worth up to $10,000, if they are used to earn income; and
* medical and dental aids.

Bailiffs will often give you an opportunity to claim these exemptions when they first show up at your rental unit. If your belongings are taken before you have a chance to claim your exemptions, contact the bailiff company right away. You must claim your exemptions within two days of the date you found out that your property was seized.

===Illegal lockouts===

An illegal lockout could mean that you are without access to money, medication, work tools, and personal identification. If your landlord locks you out of your rental unit, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] immediately. If your landlord continues to deny you access to your home, you will have to apply for dispute resolution to ask for an Order of Possession and monetary compensation. The RTB considers illegal lockouts a top priority when scheduling hearings.

==Other ways a tenancy could end==

There are sometimes exceptional circumstances that force tenancies to end unexpectedly. If a flood, fire, or earthquake leaves your rental unit unlivable, your tenancy agreement may be considered a “frustrated contract”, since it would be impossible for your tenancy to continue under those circumstances. See Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl34.pdf Policy Guideline 34] for more information. You may also come across a situation where the property you are living in experiences a foreclosure. This can happen when a bank or another lender takes control of your rental property because the landlord can no longer pay their mortgage.

If you find yourself in one of these complicated situations, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] to ask for additional information and assistance.

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Evictions

2024-07-18T19:19:35Z

Andrew Sakamoto: /* Two Month Eviction Notices */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' dispute eviction notices within the required timelines. Failing to do so means that, from a legal standpoint, you are accepting the end of your tenancy and agreeing to move out.

'''DO NOT:''' let a landlord illegally kick you out of your rental unit. Only a court-approved bailiff can physically remove you and your possessions.

==Types of evictions==

[[File:Tenant being evicted.jpg | right | frame | link= ]]

An eviction occurs when a landlord legally forces a tenant to move out of a rental unit. If your landlord wants to evict you, they must give you an approved notice with an acceptable reason for eviction according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

There are four main types of eviction notices:
# 10 Day Notice for Non-Payment of Rent;
# One Month Notice for Cause;
# Two Month Notice for Landlord’s Use of Property; and
# Four Month Notice for Landlord’s Use of Property.

==10 Day Notice for Non-Payment of Rent==

Your landlord can evict you for not paying rent, even if you are only a few dollars short or one day late. If you receive A 10 Day Eviction Notice, you have five days to pay up in order to cancel the eviction. Alternatively, if your landlord is lying, you have five days to apply for dispute resolution so that you can prove to an arbitrator that you did in fact pay your full rent on time. If you choose neither of those options within five days of receiving the eviction notice, you will be expected to move out by the 10th day. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)'' for more information.

'''Direct Request:''' A 10 Day Eviction Notice is the most serious of the four types of evictions. If you do not pay your rent or apply for dispute resolution within five days of receiving the notice, your landlord can use the Residential Tenancy Branch’s “Direct Request” process to quickly obtain an Order of Possession without even participating in a dispute resolution hearing.

'''Utilities:''' If you fail to pay for utilities charges you owe, your landlord can give you a 10 Day Eviction Notice, but only after giving you 30 days written notice demanding payment.

'''No excuses:''' The ''RTA'' does not have any “hardship” provisions. This means that you can be evicted from your home even if you have a disability, lose your job, or it’s winter. In addition, being evicted for non-payment of rent does not relieve you of your responsibility to pay the full rent for that month. If you are evicted by the 11th day of the month, your landlord could still go after you for the entire month of rent.

==One Month Notice for Cause==

The most common reasons for receiving a One Month Eviction Notice are:
* unreasonably disturbing your landlord or other occupants;
* repeatedly paying rent late;
* seriously damaging your rental unit or building;
* not fixing or paying for damage caused by you, your guests, or your pets;
* causing danger to your landlord or other occupants;
* having too many occupants living in your rental unit;
* engaging in illegal activity that negatively affects your rental unit, building, landlord, or other occupants; and
* breaching a “material term” (serious rule) of your tenancy agreement and ignoring a written warning from your landlord.

There are other less common reasons for receiving a One Month Eviction Notice. For a full list, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''Residential Tenancy Act (RTA)''.

If you feel that your landlord has unfairly given you a One Month Eviction Notice, you have 10 days to challenge the notice by applying for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

'''Repeated late payment of rent:''' You can receive a One Month Eviction Notice if you pay rent late at least three times within an unreasonable short period. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.

'''Occupant limit:''' Your tenancy agreement may limit the number of permanent occupants allowed in your rental unit. If so, your landlord would have a strong case for eviction if you exceeded the maximum. However, even if your tenancy agreement does not include a term about the occupant limit, your landlord can still give you 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)(c)] of the ''RTA'' if they believe you have moved in an unreasonable number of roommates.

===Move out date===

If you do not dispute your eviction, you have until the last day of the next month to move out (assuming you pay rent on the 1st of the month). For example, if you receive a One Month Eviction Notice on March 5th, you would have to move out by April 30th. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure they understand that you are not illegally overholding the rental unit.

===Early eviction===

If you are causing extremely serious problems, your landlord can ask the RTB for permission to evict you before a One Month Eviction Notice would take effect. Your landlord is not required to give you an eviction notice before applying for this type of dispute resolution hearing. However, they must provide you with notice of the hearing so that you have a chance to present evidence and defend yourself to an arbitrator.

If an arbitrator determines that it would be unreasonable or unfair to the landlord or other occupants of your building to wait for a One Month Eviction Notice to take effect, your landlord will be given an Order of Possession to take back your rental unit on an earlier date. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section56 section 56] of the ''RTA'' for more information.

==Landlord's Use of Property Eviction Notices==

===Two Month Eviction Notices===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49.1 section 49.1] of the ''Residential Tenancy Act (RTA)'', you may receive a Two Month Eviction Notice if you no longer qualify for your subsidized rental unit.

If you would like to challenge a Two Month Eviction Notice, you have 15 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

===Four Month Eviction Notices===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA'', your landlord can issue you a Four Month Eviction Notice if they plan to:
* demolish a rental unit;
* convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';
* convert the residential property into cooperative housing under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/99028_01 Cooperative Association Act]'';
* convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or
* convert a rental unit to a non-residential use.

If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

'''Evictions for renovations:''' The ''RTA'' also allows landlords to evict tenants, with four months’ notice, for major renovations that require a unit to be empty for an extended period. However, unlike other types of evictions, the landlord is required to apply for a dispute resolution hearing through the RTB, rather than serve an eviction notice on the tenant. This means that, for evictions for renovations, the onus to initiate dispute resolution proceedings is reversed. Instead of you being required to dispute an eviction notice by a certain deadline, your landlord is automatically required to apply for the RTB’s permission to evict you. At this mandatory dispute resolution hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to approve the eviction.

'''Permits:''' Your landlord must obtain the necessary permits required by law before issuing you a Four Month Eviction Notice.

'''“Right of first refusal”''': In residential properties containing five or more rental units, tenants being evicted due to renovations or repairs have a “right of first refusal” to return to their unit once the renovations or repairs have been completed.

If you are interested in being offered a new tenancy agreement for your renovated unit, provide your landlord with written notice of your intention to use your right of first refusal. This will require your landlord to, at least 45 days before the completion of the renovations or repairs, inform you of the date your renovated unit will be available and provide you with a new tenancy agreement for that effective date. Although this may sound like a great opportunity, the problem is that your landlord can set your new rent at whatever amount they desire.

There are strict penalties when it comes to this area of the law. If your landlord does not offer you a right of first refusal after you have given proper notice, they could end up owing you 12 months of your previous rent as compensation. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.2 sections 51.2] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.3 51.3] of the ''RTA'' for more information.

===Move out date===

If you do not dispute a “landlord’s use” eviction notice, your move-out date will be two or four months later, on the last day of the month (assuming you pay rent on the 1st of the month). For example, if you receive a Four Month Eviction Notice on March 5th, you would have to move out by July 31st. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not think you are overholding.

===Compensation===

Landlord’s Use of Property Eviction Notices have nothing to do with bad behaviour. For this reason, if you receive a Two Month or Four Month Eviction Notice, you are entitled to one month rent as compensation to help with the financial burden of moving. Your landlord must either pay you this money or give you the last month rent free.

'''Exception:''' The one exception is if you are being evicted because you no longer qualify for your subsidized rental unit. If this is the case, you are not entitled to any compensation.

===Tenant giving notice to move out early===

If you want to move in to another rental unit before the two-month or four-month notice period has ended, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section50 section 50] of the ''RTA'' says that you can give your landlord 10 days written notice and move early. When giving short notice to move out, you are only required to pay for the days you actually live in the rental unit. For example, if you paid the full rent for the first month of a two-month notice period, but then gave 10 days written notice and moved out before the end of that first month, your landlord must pay you back for the days you did not live there. In addition, you are still entitled to one month rent as compensation for the second month of the two-month notice period.

===Landlord did not do what the eviction notice said===

Your landlord must follow through with the reason for your eviction. If your rental unit is not used for the stated purpose for at least 12 months, beginning within a reasonable period after the notice takes effect, your landlord may owe you 12 months of your previous rent as compensation. For example, a landlord may claim that they are moving in, but instead rent the unit to a new tenant at a higher rent.

'''Burden of proof''': When applying for 12 months’ rent as compensation, the burden of proof will be on your landlord. This means that, while you will be given the opportunity to present evidence at the hearing, the onus will be on your landlord to convince the arbitrator that they used the property for the stated purpose of ending your tenancy. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section51 section 51] of the ''RTA'' for more information.

'''Extenuating circumstances''': The RTB has the power to excuse the landlord from paying 12 months’ rent as compensation in “extenuating circumstances”. For example, if a landlord ends a tenancy to move in a parent, and then the parent dies one month after moving in, the landlord may be excused because the situation that unfolded could not have been reasonably anticipated and was out of the landlord’s control. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl50.pdf Policy Guideline 50] for more information.

===Fixed term tenancies and Landlord’s Use Eviction Notices===

If you have a fixed term tenancy agreement, you cannot be given a Two Month or Four Month Eviction Notice that takes effect before your contract has ended. If your landlord gives you this type of notice, it is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to apply on the last day of your agreement.

===Selling a rental unit===

When an owner sells a rental unit, the tenant living in that unit may be evicted, but it is not automatic. The new landlord (purchaser) must honour the existing tenancy agreement and can only end it by following the same eviction rules that the previous landlord (seller) would have had to follow.

If the purchaser wants to occupy the rental unit or have a “close family member” occupy the unit, they can make a request in writing that the seller issue a Two Month Eviction Notice on their behalf, but only after all the conditions of the sale have been satisfied. If the purchaser does not plan on occupying the rental unit, or having a “close family member” occupy the unit, the purchaser will become the new landlord and the tenancy will continue under the existing agreement.

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

'''Beware of mutual agreements to end tenancy:''' The Residential Tenancy Branch has a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy” form] that tenants and landlords can use to end their tenancy on an agreed upon date. If your landlord wants to evict you for “landlord’s use”, be careful not to sign this form. Some landlords may try to use a Mutual Agreement to End Tenancy form, instead of an official eviction notice, to avoid having to pay one month rent as compensation.

==Deadlines to dispute eviction notices==

There are strict deadlines for disputing eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

You must apply for dispute resolution within these deadlines. Failing to do so means that, from a legal standpoint, you are accepting the eviction notice and agreeing to move out.

'''Exceptions:''' Arbitrators do have the power to extend a deadline to apply for dispute resolution, but not beyond the effective date of an eviction notice. Extensions will only be granted in exceptional circumstances, such as hospitalization that prevented a tenant from disputing an eviction notice on time.

==Physically removing a tenant==

There are strict rules when it comes to physically removing a tenant and their possessions from a rental unit. Here are the steps that your landlord must follow:
# Serve you with a copy of a Residential Tenancy Branch (RTB) Order of Possession.
# Wait for the two-day review period to expire. (If you successfully file a RTB Application for Review Consideration during the two-day review period, the RTB will put your Order of Possession on hold. Your landlord must then wait to see if the review is decided in their favour before moving on to the next step.)
# Take the Order of Possession to the BC Supreme Court and obtain a Writ of Possession.
# Use the Writ of Possession to hire a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiff].

'''Overholding:''' If you stay past the move-out date listed on an eviction notice or Order of Possession, you may end up owing your landlord some money. In addition, if your landlord hires a court-approved bailiff to remove you and your belongings from your rental unit, you may be held responsible for at least some of the associated costs.

'''Role of the police:''' The police do not have the authority to evict tenants on their own. However, a court-approved bailiff may ask them to attend an eviction to keep the peace while a tenant is being removed.

===List of court-approved bailiffs===

The Attorney General publishes a list of [www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiffs]. Only the companies on this list can legally enforce a Writ of Possession on behalf of a landlord.

'''Warning:''' There are people in BC who are paid money to pressure tenants to move out even though they are not authorized to enforce a Writ of Possession. If someone comes to your door claiming to be a bailiff, always ask for identification.

===Court bailiff rules===

Court bailiffs carrying out an eviction can seize and sell your personal property to pay their fees. However, you have the right to claim exemptions to protect the following items:
* necessary clothing;
* household furniture and appliances worth up to $4,000;
* one motor vehicle worth up to $5,000;
* tools and other property worth up to $10,000, if they are used to earn income; and
* medical and dental aids.

Bailiffs will often give you an opportunity to claim these exemptions when they first show up at your rental unit. If your belongings are taken before you have a chance to claim your exemptions, contact the bailiff company right away. You must claim your exemptions within two days of the date you found out that your property was seized.

===Illegal lockouts===

An illegal lockout could mean that you are without access to money, medication, work tools, and personal identification. If your landlord locks you out of your rental unit, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] immediately. If your landlord continues to deny you access to your home, you will have to apply for dispute resolution to ask for an Order of Possession and monetary compensation. The RTB considers illegal lockouts a top priority when scheduling hearings.

==Other ways a tenancy could end==

There are sometimes exceptional circumstances that force tenancies to end unexpectedly. If a flood, fire, or earthquake leaves your rental unit unlivable, your tenancy agreement may be considered a “frustrated contract”, since it would be impossible for your tenancy to continue under those circumstances. See Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl34.pdf Policy Guideline 34] for more information. You may also come across a situation where the property you are living in experiences a foreclosure. This can happen when a bank or another lender takes control of your rental property because the landlord can no longer pay their mortgage.

If you find yourself in one of these complicated situations, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] to ask for additional information and assistance.

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
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}}
__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Evictions

2024-06-18T20:59:25Z

Andrew Sakamoto: /* Landlord did not do what the eviction notice said */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' dispute eviction notices within the required timelines. Failing to do so means that, from a legal standpoint, you are accepting the end of your tenancy and agreeing to move out.

'''DO NOT:''' let a landlord illegally kick you out of your rental unit. Only a court-approved bailiff can physically remove you and your possessions.

==Types of evictions==

[[File:Tenant being evicted.jpg | right | frame | link= ]]

An eviction occurs when a landlord legally forces a tenant to move out of a rental unit. If your landlord wants to evict you, they must give you an approved notice with an acceptable reason for eviction according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

There are four main types of eviction notices:
# 10 Day Notice for Non-Payment of Rent;
# One Month Notice for Cause;
# Two Month Notice for Landlord’s Use of Property; and
# Four Month Notice for Landlord’s Use of Property.

==10 Day Notice for Non-Payment of Rent==

Your landlord can evict you for not paying rent, even if you are only a few dollars short or one day late. If you receive A 10 Day Eviction Notice, you have five days to pay up in order to cancel the eviction. Alternatively, if your landlord is lying, you have five days to apply for dispute resolution so that you can prove to an arbitrator that you did in fact pay your full rent on time. If you choose neither of those options within five days of receiving the eviction notice, you will be expected to move out by the 10th day. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)'' for more information.

'''Direct Request:''' A 10 Day Eviction Notice is the most serious of the four types of evictions. If you do not pay your rent or apply for dispute resolution within five days of receiving the notice, your landlord can use the Residential Tenancy Branch’s “Direct Request” process to quickly obtain an Order of Possession without even participating in a dispute resolution hearing.

'''Utilities:''' If you fail to pay for utilities charges you owe, your landlord can give you a 10 Day Eviction Notice, but only after giving you 30 days written notice demanding payment.

'''No excuses:''' The ''RTA'' does not have any “hardship” provisions. This means that you can be evicted from your home even if you have a disability, lose your job, or it’s winter. In addition, being evicted for non-payment of rent does not relieve you of your responsibility to pay the full rent for that month. If you are evicted by the 11th day of the month, your landlord could still go after you for the entire month of rent.

==One Month Notice for Cause==

The most common reasons for receiving a One Month Eviction Notice are:
* unreasonably disturbing your landlord or other occupants;
* repeatedly paying rent late;
* seriously damaging your rental unit or building;
* not fixing or paying for damage caused by you, your guests, or your pets;
* causing danger to your landlord or other occupants;
* having too many occupants living in your rental unit;
* engaging in illegal activity that negatively affects your rental unit, building, landlord, or other occupants; and
* breaching a “material term” (serious rule) of your tenancy agreement and ignoring a written warning from your landlord.

There are other less common reasons for receiving a One Month Eviction Notice. For a full list, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''Residential Tenancy Act (RTA)''.

If you feel that your landlord has unfairly given you a One Month Eviction Notice, you have 10 days to challenge the notice by applying for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

'''Repeated late payment of rent:''' You can receive a One Month Eviction Notice if you pay rent late at least three times within an unreasonable short period. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.

'''Occupant limit:''' Your tenancy agreement may limit the number of permanent occupants allowed in your rental unit. If so, your landlord would have a strong case for eviction if you exceeded the maximum. However, even if your tenancy agreement does not include a term about the occupant limit, your landlord can still give you 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)(c)] of the ''RTA'' if they believe you have moved in an unreasonable number of roommates.

===Move out date===

If you do not dispute your eviction, you have until the last day of the next month to move out (assuming you pay rent on the 1st of the month). For example, if you receive a One Month Eviction Notice on March 5th, you would have to move out by April 30th. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure they understand that you are not illegally overholding the rental unit.

===Early eviction===

If you are causing extremely serious problems, your landlord can ask the RTB for permission to evict you before a One Month Eviction Notice would take effect. Your landlord is not required to give you an eviction notice before applying for this type of dispute resolution hearing. However, they must provide you with notice of the hearing so that you have a chance to present evidence and defend yourself to an arbitrator.

If an arbitrator determines that it would be unreasonable or unfair to the landlord or other occupants of your building to wait for a One Month Eviction Notice to take effect, your landlord will be given an Order of Possession to take back your rental unit on an earlier date. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section56 section 56] of the ''RTA'' for more information.

==Landlord's Use of Property Eviction Notices==

===Two Month Eviction Notices===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 sections 49] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49.1 49.1] of the ''Residential Tenancy Act (RTA)'', you may receive a Two Month Eviction Notice if:
* your landlord, or a “close family member” of your landlord, wants to occupy your rental unit
**Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
* your rental unit was sold and the purchaser, or a “close family member” of the purchaser, wants to occupy your rental unit
** Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
* you no longer qualify for your subsidized rental unit

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

If you would like to challenge a Two Month Eviction Notice, you have 15 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

===Four Month Eviction Notices===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA'', your landlord can issue you a Four Month Eviction Notice if they plan to:
* demolish a rental unit;
* convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';
* convert the residential property into cooperative housing under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/99028_01 Cooperative Association Act]'';
* convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or
* convert a rental unit to a non-residential use.

If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

'''Evictions for renovations:''' The ''RTA'' also allows landlords to evict tenants, with four months’ notice, for major renovations that require a unit to be empty for an extended period. However, unlike other types of evictions, the landlord is required to apply for a dispute resolution hearing through the RTB, rather than serve an eviction notice on the tenant. This means that, for evictions for renovations, the onus to initiate dispute resolution proceedings is reversed. Instead of you being required to dispute an eviction notice by a certain deadline, your landlord is automatically required to apply for the RTB’s permission to evict you. At this mandatory dispute resolution hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to approve the eviction.

'''Permits:''' Your landlord must obtain the necessary permits required by law before issuing you a Four Month Eviction Notice.

'''“Right of first refusal”''': In residential properties containing five or more rental units, tenants being evicted due to renovations or repairs have a “right of first refusal” to return to their unit once the renovations or repairs have been completed.

If you are interested in being offered a new tenancy agreement for your renovated unit, provide your landlord with written notice of your intention to use your right of first refusal. This will require your landlord to, at least 45 days before the completion of the renovations or repairs, inform you of the date your renovated unit will be available and provide you with a new tenancy agreement for that effective date. Although this may sound like a great opportunity, the problem is that your landlord can set your new rent at whatever amount they desire.

There are strict penalties when it comes to this area of the law. If your landlord does not offer you a right of first refusal after you have given proper notice, they could end up owing you 12 months of your previous rent as compensation. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.2 sections 51.2] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.3 51.3] of the ''RTA'' for more information.

===Move out date===

If you do not dispute a “landlord’s use” eviction notice, your move-out date will be two or four months later, on the last day of the month (assuming you pay rent on the 1st of the month). For example, if you receive a Four Month Eviction Notice on March 5th, you would have to move out by July 31st. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not think you are overholding.

===Compensation===

Landlord’s Use of Property Eviction Notices have nothing to do with bad behaviour. For this reason, if you receive a Two Month or Four Month Eviction Notice, you are entitled to one month rent as compensation to help with the financial burden of moving. Your landlord must either pay you this money or give you the last month rent free.

'''Exception:''' The one exception is if you are being evicted because you no longer qualify for your subsidized rental unit. If this is the case, you are not entitled to any compensation.

===Tenant giving notice to move out early===

If you want to move in to another rental unit before the two-month or four-month notice period has ended, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section50 section 50] of the ''RTA'' says that you can give your landlord 10 days written notice and move early. When giving short notice to move out, you are only required to pay for the days you actually live in the rental unit. For example, if you paid the full rent for the first month of a two-month notice period, but then gave 10 days written notice and moved out before the end of that first month, your landlord must pay you back for the days you did not live there. In addition, you are still entitled to one month rent as compensation for the second month of the two-month notice period.

===Landlord did not do what the eviction notice said===

Your landlord must follow through with the reason for your eviction. If your rental unit is not used for the stated purpose for at least 12 months, beginning within a reasonable period after the notice takes effect, your landlord may owe you 12 months of your previous rent as compensation. For example, a landlord may claim that they are moving in, but instead rent the unit to a new tenant at a higher rent.

'''Burden of proof''': When applying for 12 months’ rent as compensation, the burden of proof will be on your landlord. This means that, while you will be given the opportunity to present evidence at the hearing, the onus will be on your landlord to convince the arbitrator that they used the property for the stated purpose of ending your tenancy. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section51 section 51] of the ''RTA'' for more information.

'''Extenuating circumstances''': The RTB has the power to excuse the landlord from paying 12 months’ rent as compensation in “extenuating circumstances”. For example, if a landlord ends a tenancy to move in a parent, and then the parent dies one month after moving in, the landlord may be excused because the situation that unfolded could not have been reasonably anticipated and was out of the landlord’s control. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl50.pdf Policy Guideline 50] for more information.

===Fixed term tenancies and Landlord’s Use Eviction Notices===

If you have a fixed term tenancy agreement, you cannot be given a Two Month or Four Month Eviction Notice that takes effect before your contract has ended. If your landlord gives you this type of notice, it is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to apply on the last day of your agreement.

===Selling a rental unit===

When an owner sells a rental unit, the tenant living in that unit may be evicted, but it is not automatic. The new landlord (purchaser) must honour the existing tenancy agreement and can only end it by following the same eviction rules that the previous landlord (seller) would have had to follow.

If the purchaser wants to occupy the rental unit or have a “close family member” occupy the unit, they can make a request in writing that the seller issue a Two Month Eviction Notice on their behalf, but only after all the conditions of the sale have been satisfied. If the purchaser does not plan on occupying the rental unit, or having a “close family member” occupy the unit, the purchaser will become the new landlord and the tenancy will continue under the existing agreement.

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

'''Beware of mutual agreements to end tenancy:''' The Residential Tenancy Branch has a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy” form] that tenants and landlords can use to end their tenancy on an agreed upon date. If your landlord wants to evict you for “landlord’s use”, be careful not to sign this form. Some landlords may try to use a Mutual Agreement to End Tenancy form, instead of an official eviction notice, to avoid having to pay one month rent as compensation.

==Deadlines to dispute eviction notices==

There are strict deadlines for disputing eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

You must apply for dispute resolution within these deadlines. Failing to do so means that, from a legal standpoint, you are accepting the eviction notice and agreeing to move out.

'''Exceptions:''' Arbitrators do have the power to extend a deadline to apply for dispute resolution, but not beyond the effective date of an eviction notice. Extensions will only be granted in exceptional circumstances, such as hospitalization that prevented a tenant from disputing an eviction notice on time.

==Physically removing a tenant==

There are strict rules when it comes to physically removing a tenant and their possessions from a rental unit. Here are the steps that your landlord must follow:
# Serve you with a copy of a Residential Tenancy Branch (RTB) Order of Possession.
# Wait for the two-day review period to expire. (If you successfully file a RTB Application for Review Consideration during the two-day review period, the RTB will put your Order of Possession on hold. Your landlord must then wait to see if the review is decided in their favour before moving on to the next step.)
# Take the Order of Possession to the BC Supreme Court and obtain a Writ of Possession.
# Use the Writ of Possession to hire a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiff].

'''Overholding:''' If you stay past the move-out date listed on an eviction notice or Order of Possession, you may end up owing your landlord some money. In addition, if your landlord hires a court-approved bailiff to remove you and your belongings from your rental unit, you may be held responsible for at least some of the associated costs.

'''Role of the police:''' The police do not have the authority to evict tenants on their own. However, a court-approved bailiff may ask them to attend an eviction to keep the peace while a tenant is being removed.

===List of court-approved bailiffs===

The Attorney General publishes a list of [www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiffs]. Only the companies on this list can legally enforce a Writ of Possession on behalf of a landlord.

'''Warning:''' There are people in BC who are paid money to pressure tenants to move out even though they are not authorized to enforce a Writ of Possession. If someone comes to your door claiming to be a bailiff, always ask for identification.

===Court bailiff rules===

Court bailiffs carrying out an eviction can seize and sell your personal property to pay their fees. However, you have the right to claim exemptions to protect the following items:
* necessary clothing;
* household furniture and appliances worth up to $4,000;
* one motor vehicle worth up to $5,000;
* tools and other property worth up to $10,000, if they are used to earn income; and
* medical and dental aids.

Bailiffs will often give you an opportunity to claim these exemptions when they first show up at your rental unit. If your belongings are taken before you have a chance to claim your exemptions, contact the bailiff company right away. You must claim your exemptions within two days of the date you found out that your property was seized.

===Illegal lockouts===

An illegal lockout could mean that you are without access to money, medication, work tools, and personal identification. If your landlord locks you out of your rental unit, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] immediately. If your landlord continues to deny you access to your home, you will have to apply for dispute resolution to ask for an Order of Possession and monetary compensation. The RTB considers illegal lockouts a top priority when scheduling hearings.

==Other ways a tenancy could end==

There are sometimes exceptional circumstances that force tenancies to end unexpectedly. If a flood, fire, or earthquake leaves your rental unit unlivable, your tenancy agreement may be considered a “frustrated contract”, since it would be impossible for your tenancy to continue under those circumstances. See Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl34.pdf Policy Guideline 34] for more information. You may also come across a situation where the property you are living in experiences a foreclosure. This can happen when a bank or another lender takes control of your rental property because the landlord can no longer pay their mortgage.

If you find yourself in one of these complicated situations, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] to ask for additional information and assistance.

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Rent

2024-06-18T20:58:02Z

Andrew Sakamoto: /* Exceptions to rent increase rules */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' pay your full rent on time. Failing to do so could result in a 10 Day Eviction Notice for Non-Payment of Rent.

'''DO NOT:''' stop paying rent unless the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'' allows you to do so. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch.

==Paying rent==

===When rent is due===

[[File:Rent increase notice.png | right | frame | link= ]]

Your full rent must be paid on or before the date it is due – usually the 1st of the month. If you are late by one day, or short by a few dollars, your landlord can give you a 10 Day Eviction Notice for Non-Payment of Rent in accordance with [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)''. Once you have received this type of notice, you only have five days to pay the missing rent in order to cancel the eviction.

Paying rent on time is one of your most important legal responsibilities, and you cannot rely on the five-day grace period for late rent each month. If you repeatedly pay your rent late – at least three times within an unreasonably short period – your landlord can give you a One Month Eviction Notice for Cause. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''RTA'' and [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.

===How rent is paid===

Tenants and landlords usually arrange for rent to be paid by cash, cheque, e-transfer, or direct deposit. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section26 section 26(2)] of the ''RTA'', landlords are legally required to provide receipts for rent paid in cash. If you suspect that your landlord will not provide you with a receipt, consider bringing a witness and your own rent receipt for them to sign.

===Legally withholding rent===

When disputes arise with your landlord, it may be tempting to retaliate by withholding rent. Unfortunately, this is illegal in most cases. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch (RTB).

There are only five sections in the ''Residential Tenancy Act (RTA)'' that allow you to legally withhold rent without your landlord’s consent:
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section19 section 19] of the ''RTA'' – you overpaid your security deposit or pet damage deposit;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''RTA'' – you paid for emergency repairs after carefully following the proper steps;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section43 section 43] of the ''RTA'' – you overpaid rent because of an illegal rent increase;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51 section 51] of the ''RTA'' – you received a Two Month or Four Month Eviction Notice for Landlord’s Use of Property, which entitles you to one month rent as compensation, and you are applying that compensation towards the last month of your tenancy; and
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section65 section 65] of the ''RTA'' – you have an order from the RTB.

===Problems paying rent===

If you know that you will be unable to pay your full rent on time, communicate with your landlord as soon as possible. Your landlord may allow you to pay your rent late – especially if you have always paid rent on time in the past. Make sure to get your landlord’s permission in writing if they do agree to give you an extension. You can also try requesting a short-term loan from a friend, family member, or one of [https://bcrentbank.ca/apply/ BC’s Rent Banks]. If that is not possible, you may have to prioritize your rent over other expenses.

'''Crisis supplement:''' If you receive income assistance and face an unexpected emergency, you might qualify for a crisis supplement through the provincial government.

==Rent increases==

===Notice of rent increase===

At the start of your tenancy, rent is set at whatever amount you and your landlord agree to as part of your agreement. From that point on, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section22 section 22] of the ''Residential Tenancy Regulation (RTR)'', your landlord can only raise your rent once every 12 months by a percentage equal to inflation. The allowable rent increase percentage changes each year, so check the Residential Tenancy Branch [https://gov.bc.ca/landlordtenant website] or TRAC [http://tenants.bc.ca/ website] to find out how much landlords can raise rent this year.

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section42 Section 42] of the ''Residential Tenancy Act (RTA)'' says that landlords must provide an approved [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb7.pdf “Notice of Rent Increase” form] three full months before a rent increase takes effect. For example, if you receive proper notice on April 5th, the three full months that count towards the notice period are May, June, and July, which means the rent increase would take effect on August 1st (assuming you pay rent on the first of the month). If your landlord does not raise your rent during a 12-month period, or raises it by less than the allowable percentage, they are not allowed to top-up a future rent increase to make up the difference.

===Wrong notice period===

If your landlord uses the proper [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb7.pdf “Notice of Rent Increase”] form but gives you less than three full months’ notice, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section42 section 42(4)] of the ''RTA'' says that you can continue to pay your current rent until the correct amount of time has passed. For example, if you normally pay rent on the first of the month and your landlord gives you a Notice of Rent Increase on March 1st (or anytime later that month), you will not have to start paying the increase until July 1st. Although this may seem like four months, the ''RTA'' counts it as three. By serving the notice on March 1st, your landlord has excluded March from the three-month notice period. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not try to end your tenancy for unpaid rent.

===Overpaying a rent increase===

If you have overpaid on rent because your landlord gave you an illegal rent increase, you have two options:
# deduct the overpayment from your next month’s rent; or
# apply for a monetary order through dispute resolution.

If you choose the first option, make sure to clearly explain to your landlord that you have the right to withhold rent according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section43 section 43] of the ''RTA''.

==Exceptions to rent increase rules==

===Additional occupants added===

If you wish to move someone into your rental unit, you should first check your tenancy agreement. Your landlord may be allowed to raise your rent for additional occupants, but only if your agreement specifies by how much. If your tenancy agreement does not include such a term, your landlord cannot legally raise your rent when an additional occupant moves in. Your landlord cannot increase rent for an additional occupant under the age of 19 – even if that person later turns 19 while living there.

===Residential Tenancy Branch permission===

Your landlord can apply to the Residential Tenancy Branch (RTB) for an additional rent increase above the allowable annual percentage. Arbitrators will only allow these additional rent increases in exceptional circumstances, listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section23 sections 23 and 23.1] of the ''Residential Tenancy Regulation (RTR)''.

The application fee for landlords is $300, plus $10 for each rental unit, to a maximum of $600. If your landlord applies for an additional rent increase, you will be served with a package of hearing documents, including the evidence they have submitted. As the respondent, you will have a chance to speak during the hearing and submit evidence that challenges your landlord’s application. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl37.pdf Policy Guideline 37] for more information.

'''Geographic rent increases:''' For years, landlords had the right to apply for an additional rent increase when a rental unit’s rent was significantly lower than other similar units in the same geographic area. Fortunately, the RTR has now been amended to eliminate geographic rent increases.

===Non-profit housing===

Some subsidized rental units where rent is related to income may be exempt from the rent increase rules in the ''RTA''. If you live in a subsidized rental unit, ask your housing provider about the rent increase rules that apply to you. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section2 section 2] of the ''RTR'' for more information.

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Dispute Resolution for Tenants

2024-06-18T20:47:23Z

Andrew Sakamoto: /* Fee */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' seek help when going through the dispute resolution process. Ask a friend, family member, or legal advocate for assistance with gathering evidence, submitting your application, serving documents, and participating in the hearing.

'''DO NOT:''' forget the timelines for disputing eviction notices: 5 days for a 10 Day Notice, 10 days for a One Month Notice, 15 days for a Two Month Notice, and 30 days for a Four Month Notice.

==The basics==

The Residential Tenancy Branch (RTB) offers a service called dispute resolution, which is essentially BC’s tenant-landlord “court”. When facing a legal problem with your landlord, you do not have to hire an expensive lawyer and go to Small Claims Court or BC Supreme Court. Instead, you can request that a RTB arbitrator look at your case and make a legally-binding decision. Almost all legal disputes between tenants and landlords must be resolved through the RTB dispute resolution system.

[[File:Dispute resolution for tenants.png | right | frame | link= ]]

===Types of orders===

Arbitrators have the power to settle legal disputes on a range of topics. An arbitrator can:
* order your landlord to follow the law;
* order your landlord to pay you money;
* order your landlord to repair your rental unit;
* prevent your landlord from entering your rental unit;
* give you permission to change your locks;
* give you permission to withhold money from future rent payments; and
* cancel an eviction notice that your landlord has given you.

===Rules of Procedure and Policy Guidelines===

For more detailed information on dispute resolution, you can review the RTB’s Dispute Resolution [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] – a comprehensive resource that covers topics such as filing an application, making a cross-application, exchanging evidence, amending an application, adjourning a hearing, etc.

When preparing for a dispute resolution hearing, you should also see if there are any RTB [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/policy-guidelines Policy Guidelines] related to your dispute. These resources go into greater detail on certain topics compared to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'', and are often referred to by arbitrators when making decisions.

==Resolving disputes without dispute resolution==

Dispute resolution should often be viewed as a last resort, as it can be time-consuming, costly, and unpredictable. When faced with less urgent issues such as minor repairs or noisy neighbours, first notify your landlord in writing and give them a reasonable chance to fix the problem before applying for dispute resolution. Of course, when dealing with more urgent issues, such as an eviction notice or emergency repair, consider applying for dispute resolution right away.

===Tips when talking to your landlord===

Talking to your landlord can be challenging, especially when you disagree on an issue. Here are a few tips to keep in mind:
* '''Prepare ahead of time:''' It can be helpful to summarize your main points in advance, or have a practice conversation with a friend or family member.
* '''Consider your timing:''' Try to have the conversation when you are calm and composed, rather than upset and emotional.
* '''Stay on topic:''' Raising irrelevant issues can derail the conversation and make it harder to address your main concerns. If your landlord is getting off topic, acknowledge that you have heard what they said, but then refocus them on the original conversation.
* '''Consider your landlord’s perspective:''' An effective communicator can be respectful of the other person’s perspective, while also clearly and calmly stating their own.
* '''Be professional:''' It is in your best interest to be professional when dealing with your landlord, regardless of how they have treated you in the past. Stay focused on getting the best possible outcome rather than engaging in personal attacks and aggressive comments.

===Tips when writing a letter to your landlord===

You may struggle to find the right words when writing your landlord. To help with this, TRAC has developed a series of [http://tenants.bc.ca/template-letters/ template letters] on topics such as bed bugs, deposits, illegal rent increases, etc. Download one of our letters as a starting point. From there, you can add your own details, the date, and your signature before sending the letter.

Here are some tips to consider when writing your letter:
* '''Keep it short and sweet:''' Stick to your main points and avoid overwhelming your landlord with irrelevant details.
* '''Organization is key:''' Structure your letter in a way that makes it easy to read. If you are dealing with multiple issues, you may want to number them and address them one by one.
* '''Think twice:''' Before sending your letter, review it, or have someone else review it. You may even want to wait a night to see if you would change anything the next day.
*''' Consider your tone:''' Do not simply send a letter to complain to your landlord. You want your letter to be professional so that it helps you achieve a successful outcome. For example, do not write in CAPITAL LETTERS, since that means that you are SHOUTING!
* '''Be respectful:''' Remember that your landlord may keep a copy of your written communication for their record. Avoid writing anything that an arbitrator would find disrespectful.

===Residential Tenancy Branch early intervention===

You can contact the Residential Tenancy Branch and request that an Information Officer call your landlord and explain the law. Some landlords will be more likely to behave once a government employee has outlined the potential consequences for their illegal behaviour.

==Applying for dispute resolution==

===How to apply===

You can submit hardcopy applications at any Residential Tenancy Branch (RTB) office or [http://servicebc.gov.bc.ca/locations Service BC Centre]. The RTB has also recently improved their [http://gov.bc.ca/landlordtenant online application] process. Compared to the hardcopy application process, the online system offers several benefits, including:
* the ability to upload evidence online;
* the ability to apply for fee waiver applications online;
* helpful email reminders and notifications;
* an intuitive design with step-by-step instructions;
* the ability to resume incomplete applications; and
* mobile-friendly functionality.

===Fee===

It costs $100 to apply for dispute resolution. However, if you win your hearing, the arbitrator can order your landlord to repay you the fee – as long as you have made that request as part of your application. Alternatively, if you have a low income or are enrolled in an income assistance program, you can apply for a [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution/participatory-process/fees-and-fee-waivers#low-income-fee-waiver fee waiver application] that cancels the fee entirely. Applicants are no longer required to provide proof of eligibility when requesting a fee waiver.

===Time limits===

There are varying deadlines for dispute resolution applications, depending on the nature of the dispute. For example, here are the time limits to dispute eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

===Naming your landlord===

Name yourself as the “applicant” and your landlord(s) as the “respondent(s)”. Although tenants may sometimes only have one landlord – the owner of the rental unit – it is quite common for an owner to appoint an “agent”, such as a property management company, to act on their behalf as a secondary landlord. If this is the case, it can be wise to list both landlords on your application form.

If you are asking for money as part of your application, make sure to include the legal name and address of the owner. This will make it easier to enforce your monetary order through Small Claims Court if the owner refuses to pay. If you do not know who the owner of your rental unit is, you can complete a land title search through the Land Title Office. See TRAC’s webpage, [http://tenants.bc.ca/finding-out-who-my-landlord-is/ Finding Out Who My Landlord Is] for more information.

===Serving notice to your landlord===

Once your dispute resolution application has been accepted, the RTB will provide you with a package of hearing documents that lists the date and time of your hearing, instructions on how to prepare for your hearing, and copies of the application and submitted evidence. Hearing dates are set based on urgency, with the most serious applications receiving the highest priority, and monetary order applications receiving the lowest priority.

Once you have received your hearing documents, you have three days to serve them on the respondent(s) in one of the following ways:
# Delivering them in person to your landlord, and/or your landlord’s agent. If possible, bring a witness so you have proof that your documents were served properly.
# Sending them via registered mail. (Considering mailed documents are deemed received five days later, you are only required to mail your hearing documents within three days.) If you serve the documents via registered mail, make sure to keep the receipt and confirmation of delivery as evidence.

===Group applications===

A group of tenants facing related issues can ask the RTB to join their applications together and hold one dispute resolution hearing for everyone. If the RTB agrees to this, the lead tenant will be required to attend the hearing, while the other tenants will have the option to attend.

==Preparing for dispute resolution==

===Gathering and submitting evidence===

To be successful at dispute resolution, you will have to gather and submit enough quality evidence to convince an arbitrator to rule in your favour. Telling your side of the story is generally not enough; you should be prepared to present relevant evidence in a convincing manner.

Here are some examples of evidence that you should consider submitting:
* '''Tenancy agreement:''' Your landlord is legally required to give you a copy of your tenancy agreement within 21 days of entering into your tenancy.
* Written communication: Include written communication that strengthens your case, such as letters, forms, and notices. Relevant emails, texts, and social media messages may also be considered by arbitrators.
* '''Photos:''' Add descriptions of the photos and when they were taken. You should number and label them in a consistent fashion – for example, “Living Room Photo 1” and “Living Room Photo 2”.
* '''Audio and video recordings:''' Indicate which parts of the audio recordings and videos you would like the arbitrator to listen to and watch.
* '''Witnesses:''' Have witnesses speak at the hearing or submit signed witness statements.
* '''Affidavits:''' Submit affidavits (sworn statements) signed by you or your witnesses. A lawyer, Notary Public, or Commissioner of Oaths can assist you with this process. Affidavits may cost money but are generally considered stronger evidence than unsworn statements.
* '''Receipts:''' You will need proof of the expenses you paid when seeking a monetary order.
* '''Monetary Order Worksheet:''' If you are applying for a monetary order, you must submit the Residential Tenancy Branch form, “Monetary Order Worksheet”.

===Deadlines to submit evidence===

All evidence that you want to rely on at dispute resolution needs to be submitted to the Residential Tenancy Branch (RTB) and properly served on your landlord.

The person applying for dispute resolution – the “applicant” – should do their best to submit evidence with their application. If that is not possible, the RTB and the respondent must receive the evidence at least 14 days before the hearing. Evidence should always be submitted as soon as possible, as arbitrators have the right to refuse evidence that was intentionally submitted later than it could have been.

The person responding to the application – the “respondent” – must ensure that all their evidence is received by the RTB and the applicant at least seven days before the hearing. Again, if evidence submission is intentionally delayed, the arbitrator may decide to not consider it.

'''Late evidence:''' If you miss the deadline for submitting evidence, you can still submit your evidence late. Be prepared to have an argument ready for why the arbitrator should consider the evidence at the hearing. For example, the evidence may have only become available after the evidence deadline. If your landlord brings up evidence during a hearing that you did not receive on time, you can ask the arbitrator to not consider it, or to adjourn (reschedule) the hearing to a later date. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf section 3.17] of the Rules of Procedure for more information.

'''Service rules:''' The way that evidence is served can affect when it is legally considered received. For example:
* evidence delivered in person is considered received that same day;
* evidence left in a mailbox or mail slot is considered received three days later; and
* evidence that is mailed is considered received five days later.

===Digital Evidence===

Tenants who have filed for dispute resolution must, where possible, digitally submit evidence to the RTB through their online system. If you are not able to upload evidence in this manner, you can still submit physical copies directly to the RTB, or to any Service BC Centre across the province. Digitally submitting evidence to the RTB will make it available to the arbitrator handling your case, but the RTB will not send copies to your landlord on your behalf. This means that, when you digitally submit evidence to the RTB, you must also serve copies of that evidence to your landlord using an accepted method of service according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

When submitting digital evidence, you should ensure that your evidence is well organized. According to [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf section 3.10.1] of the Rules of Procedure, digital evidence should be accompanied by descriptions of the evidence, logical numbering systems for photographs, a time code for the key point in any audio or video recordings, etc. You must also submit RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb43.pdf “Digital Evidence Details”], available on the RTB website at gov.bc.ca/tenantlandlord. This form will help keep your evidence organized for the arbitrator, and ensure you follow the required steps for service.

When serving digital evidence on your landlord, you must ensure that they are able to access the evidence. For example, if you submit video evidence to the RTB online, and then make a DVD of that video to serve on your landlord, you must confirm with your landlord that they have playback equipment for the DVD, or can somehow access the information on the disc. When asked about whether they can access a particular format, your landlord must reply as soon as possible. If you choose to submit digital evidence, you must keep exact copies of that evidence for two years after the dispute resolution process has concluded. See sections 3.0 and 3.10 of the [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] and RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl42.pdf Policy Guideline 42] for more information.

===Bringing help===

The dispute resolution process has been designed for self-representation, which means that most tenants are able to participate in hearings on their own. That being said, if you feel that you need some assistance during your hearing, you have the right to bring a family member, friend, legal advocate, lawyer, translator, or interpreter.

==Participating in dispute resolution==

===Connecting to the conference call===

Dispute resolution hearings are almost always held over the phone. When you apply for dispute resolution, you will be given a hearing package with instructions on how to connect to the conference call. Make sure to keep these instructions in a safe place and have them ready for the start of your hearing. It is always a good idea to connect to the conference call early, so that you have time to address any potential technical issues before the hearing starts. If you are unable to connect to the conference call due to matters outside of your control, you may have to submit an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration].

===Start of the hearing===

The arbitrator will explain how the hearing will proceed and address any preliminary matters. This is the time to mention anything that needs to be dealt with before the hearing starts. For example, you may have to mention that an advocate will be representing you, a witness will be providing evidence, or that you need to amend your application.

'''Requesting an adjournment:''' You may need to request that your hearing be adjourned (rescheduled). For example, this could happen if you did not receive your landlord’s evidence in time to prepare a response. The decision to adjourn the hearing or proceed with the hearing will be up to the arbitrator handling your case.

===During the hearing===

You should be given a fair chance to argue your case, ask questions, and share evidence, including witness testimonies. Make sure to present your evidence clearly and concisely, and avoid raising issues that are irrelevant to your application. It is important to guide the arbitrator through your evidence; do not assume that they will understand everything on their own.

The applicant generally presents their evidence first, followed by the respondent. One exception to this rule is when a tenant is disputing an eviction notice. For those hearings, the respondent landlord must present their evidence first and explain why the eviction notice should be upheld. The tenant will then be given a chance to present their own evidence and defend their housing.

'''Negotiating a settlement:''' The arbitrator may suggest that you and your landlord negotiate a settlement during the hearing. Do not feel pressured to agree to a settlement unless you are completely satisfied with the terms.

'''Behaviour:''' Participating in a dispute resolution hearing can be an emotional experience, but it is important to always act in a professional manner and not interrupt anyone while they are speaking. Instead, write down your questions or concerns so that you can address them later. Speak clearly and respectfully to both the arbitrator and your landlord, and never raise your voice or use inappropriate language. Bad behaviour could hurt your credibility and, in turn, your chances of winning your hearing. If you believe it will be difficult to remain professional at your hearing, consider asking a friend, family member, or legal advocate to help you present your case.

===End of the hearing===

At the end of the hearing, the arbitrator may inform you of their decision or they may decide to take more time to review the evidence. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section77 section 77] of the ''Residential Tenancy Act'', arbitrators are required to reach a decision within 30 days. For hearings about eviction notices and other urgent matters, arbitrators will usually make their decision within a few days.

==Collecting money from your landlord==

Arbitrators have the power to issue orders that require one person to pay money to another person. A landlord could be issued a monetary order if their tenant has not paid the rent, while a tenant could be issued a monetary order if their landlord has broken the law.

Residential Tenancy Branch (RTB) monetary orders are legally-binding, which means the person who is required to pay must follow through with the payment. If you have obtained a monetary order that your landlord refuses to pay, you will have to enforce that order in Small Claims Court, since the RTB cannot enforce their own orders. A Small Claims Court judge could help you get paid by garnishing your landlord’s wages or placing a lien on their property. Visit TRAC’s webpage, [http://tenants.bc.ca/enforcing-a-monetary-order/ Enforcing a Monetary Order] for more information.

==Reviewing a dispute resolution hearing decision==

===Residential Tenancy Branch Correction and Clarification===

If a decision is unclear or contains a mistake, you can submit a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb6.pdf “Request for Correction”] or [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb38.pdf “Request for Clarification”] form to the Residential Tenancy Branch (RTB), free of charge. You will most likely not have to notify your landlord of this application, unless an arbitrator instructs you to do so.

For some types of issues, such as the following, there is a 15-day deadline to apply from the date you receive the decision:
* the decision is too complex or ambiguous and needs to be clarified;
* the decision contains an obvious error; or
* something was accidentally left out of the decision.

For other types of issues, such as the following, the 15-day deadline may not apply:
* the decision has a typo;
* order has grammatical errors; or
* the decision has a math error.

It can sometimes be challenging determining when the 15-day deadline applies. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl25.pdf Policy Guideline 25] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section78 section 78] of the ''Residential Tenancy Act (RTA)'' for more information.

===Residential Tenancy Branch Review Consideration===

You can ask the Residential Tenancy Branch (RTB) to review a decision that you have lost. This is not a chance to simply re-argue your case, as reviews are only granted in limited circumstances. [i Section 79(2)] of the ''RTA'' lists three situations where the RTB may accept an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration]:
# a party was unable to attend any part of a hearing for reasons unanticipated and beyond their control (e.g. phone disconnection issues);
# a party has new and relevant evidence that was not available at the time of the original hearing;
# a party has evidence that the the decision or order was obtained by fraud;
# a party, due to circumstances that could not be anticipated and were beyond their control, submitted material evidence after the deadline, but before the original hearing, and that evidence was not before the arbitrator at the original hearing (e.g. hospitalization);
# there was an administrative, procedural, or technical error that materially affected the result of the original hearing (e.g. documents uploaded to the wrong file);
# the arbitrator did not determine an issue that they were required to determine; and
# the arbitrator determined an issue that they did not have jurisdiction to determine.

In addition, the RTB now has the power to conduct a review on its own initiative, rather than waiting for a party to apply.

'''Fee:''' There is a $50 fee to apply for a Review Consideration, unless you had your application fee waived for the original hearing.

'''Deadlines:''' There are different application deadlines, depending on the nature of the dispute. For the following types of decisions, there is a two-day deadline from the time you receive the decision:
* unreasonable withholding of consent to assign or sublet;
* eviction for non-payment of rent;
* order of possession for the tenant or the landlord; and
* application to end a tenancy early.

For the following types of decisions, there is a five-day deadline from the time you receive the decision:
* repairs or maintenance;
* services or facilities; and
* any eviction notice other than one for non-payment of rent.

For all other types of decisions, there is a 15-day deadline from the time you receive the decision. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section80 section 80] of the ''RTA'' for more information.

===BC Supreme Court judicial review===

If your RTB hearing or decision was unfair, but your situation does not fit the eligibility criteria for a RTB Review Consideration, you can apply for a judicial review through BC Supreme Court.

The RTB is considered an expert tribunal on matters of residential tenancy law. This means that the standard of review for RTB decisions is quite high; a BC Supreme Court judge can only set aside a RTB decision if they find it to be procedurally unfair, patently unreasonable, or blatantly incorrect.

When you participate in a RTB dispute resolution hearing, you have the right to natural justice – also known as procedural fairness. This means that the arbitrator must allow you a fair opportunity to know the case against you, present evidence, and argue your side of the story. In addition, [http://www.bclaws.ca/civix/document/id/complete/statreg/04045_01#section58 section 58] of the ''Administrative Tribunals Act'' defines a decision as being “patently unreasonable” if it:
* is exercised arbitrarily or in bad faith;
* is exercised for an improper purpose;
* is based entirely or predominantly on irrelevant factors; or
* fails to take statutory requirements into account.

If a BC Supreme Court judge finds a decision to be procedurally unfair, patently unreasonable, or blatantly incorrect, they will usually order a new dispute resolution hearing at the RTB, rather than reach a new decision on their own. This means that even if you are successful in your judicial review application, there is no guarantee you will win your new hearing at the RTB.

'''Fee:''' $200

'''Deadline:''' 60 days from the date the RTB decision was made.

'''Key referral:''' The [http://www.clasbc.net/ Community Legal Assistance Society (CLAS)] is an expert organization on the topic of judicial review. If you are a tenant whose housing is at risk because you lost your dispute resolution hearing, CLAS may be able to provide free assistance with a judicial review application. They also offer an online [https://judicialreviewbc.ca/ Judicial Review Self-Help Guide].

{{Tenant Survival Guide Navbox}}

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[[Category:Tenant Survival Guide]]

Evictions

2024-06-06T22:14:31Z

Andrew Sakamoto: /* Two Month Eviction Notices */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' dispute eviction notices within the required timelines. Failing to do so means that, from a legal standpoint, you are accepting the end of your tenancy and agreeing to move out.

'''DO NOT:''' let a landlord illegally kick you out of your rental unit. Only a court-approved bailiff can physically remove you and your possessions.

==Types of evictions==

[[File:Tenant being evicted.jpg | right | frame | link= ]]

An eviction occurs when a landlord legally forces a tenant to move out of a rental unit. If your landlord wants to evict you, they must give you an approved notice with an acceptable reason for eviction according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

There are four main types of eviction notices:
# 10 Day Notice for Non-Payment of Rent;
# One Month Notice for Cause;
# Two Month Notice for Landlord’s Use of Property; and
# Four Month Notice for Landlord’s Use of Property.

==10 Day Notice for Non-Payment of Rent==

Your landlord can evict you for not paying rent, even if you are only a few dollars short or one day late. If you receive A 10 Day Eviction Notice, you have five days to pay up in order to cancel the eviction. Alternatively, if your landlord is lying, you have five days to apply for dispute resolution so that you can prove to an arbitrator that you did in fact pay your full rent on time. If you choose neither of those options within five days of receiving the eviction notice, you will be expected to move out by the 10th day. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)'' for more information.

'''Direct Request:''' A 10 Day Eviction Notice is the most serious of the four types of evictions. If you do not pay your rent or apply for dispute resolution within five days of receiving the notice, your landlord can use the Residential Tenancy Branch’s “Direct Request” process to quickly obtain an Order of Possession without even participating in a dispute resolution hearing.

'''Utilities:''' If you fail to pay for utilities charges you owe, your landlord can give you a 10 Day Eviction Notice, but only after giving you 30 days written notice demanding payment.

'''No excuses:''' The ''RTA'' does not have any “hardship” provisions. This means that you can be evicted from your home even if you have a disability, lose your job, or it’s winter. In addition, being evicted for non-payment of rent does not relieve you of your responsibility to pay the full rent for that month. If you are evicted by the 11th day of the month, your landlord could still go after you for the entire month of rent.

==One Month Notice for Cause==

The most common reasons for receiving a One Month Eviction Notice are:
* unreasonably disturbing your landlord or other occupants;
* repeatedly paying rent late;
* seriously damaging your rental unit or building;
* not fixing or paying for damage caused by you, your guests, or your pets;
* causing danger to your landlord or other occupants;
* having too many occupants living in your rental unit;
* engaging in illegal activity that negatively affects your rental unit, building, landlord, or other occupants; and
* breaching a “material term” (serious rule) of your tenancy agreement and ignoring a written warning from your landlord.

There are other less common reasons for receiving a One Month Eviction Notice. For a full list, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''Residential Tenancy Act (RTA)''.

If you feel that your landlord has unfairly given you a One Month Eviction Notice, you have 10 days to challenge the notice by applying for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

'''Repeated late payment of rent:''' You can receive a One Month Eviction Notice if you pay rent late at least three times within an unreasonable short period. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.

'''Occupant limit:''' Your tenancy agreement may limit the number of permanent occupants allowed in your rental unit. If so, your landlord would have a strong case for eviction if you exceeded the maximum. However, even if your tenancy agreement does not include a term about the occupant limit, your landlord can still give you 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)(c)] of the ''RTA'' if they believe you have moved in an unreasonable number of roommates.

===Move out date===

If you do not dispute your eviction, you have until the last day of the next month to move out (assuming you pay rent on the 1st of the month). For example, if you receive a One Month Eviction Notice on March 5th, you would have to move out by April 30th. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure they understand that you are not illegally overholding the rental unit.

===Early eviction===

If you are causing extremely serious problems, your landlord can ask the RTB for permission to evict you before a One Month Eviction Notice would take effect. Your landlord is not required to give you an eviction notice before applying for this type of dispute resolution hearing. However, they must provide you with notice of the hearing so that you have a chance to present evidence and defend yourself to an arbitrator.

If an arbitrator determines that it would be unreasonable or unfair to the landlord or other occupants of your building to wait for a One Month Eviction Notice to take effect, your landlord will be given an Order of Possession to take back your rental unit on an earlier date. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section56 section 56] of the ''RTA'' for more information.

==Landlord's Use of Property Eviction Notices==

===Two Month Eviction Notices===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 sections 49] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49.1 49.1] of the ''Residential Tenancy Act (RTA)'', you may receive a Two Month Eviction Notice if:
* your landlord, or a “close family member” of your landlord, wants to occupy your rental unit
**Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
* your rental unit was sold and the purchaser, or a “close family member” of the purchaser, wants to occupy your rental unit
** Exception: landlords are prohibited from giving this type of eviction notice in rental buildings (not including strata-buildings) with five or more units
* you no longer qualify for your subsidized rental unit

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

If you would like to challenge a Two Month Eviction Notice, you have 15 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

===Four Month Eviction Notices===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA'', your landlord can issue you a Four Month Eviction Notice if they plan to:
* demolish a rental unit;
* convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';
* convert the residential property into cooperative housing under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/99028_01 Cooperative Association Act]'';
* convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or
* convert a rental unit to a non-residential use.

If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

'''Evictions for renovations:''' The ''RTA'' also allows landlords to evict tenants, with four months’ notice, for major renovations that require a unit to be empty for an extended period. However, unlike other types of evictions, the landlord is required to apply for a dispute resolution hearing through the RTB, rather than serve an eviction notice on the tenant. This means that, for evictions for renovations, the onus to initiate dispute resolution proceedings is reversed. Instead of you being required to dispute an eviction notice by a certain deadline, your landlord is automatically required to apply for the RTB’s permission to evict you. At this mandatory dispute resolution hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to approve the eviction.

'''Permits:''' Your landlord must obtain the necessary permits required by law before issuing you a Four Month Eviction Notice.

'''“Right of first refusal”''': In residential properties containing five or more rental units, tenants being evicted due to renovations or repairs have a “right of first refusal” to return to their unit once the renovations or repairs have been completed.

If you are interested in being offered a new tenancy agreement for your renovated unit, provide your landlord with written notice of your intention to use your right of first refusal. This will require your landlord to, at least 45 days before the completion of the renovations or repairs, inform you of the date your renovated unit will be available and provide you with a new tenancy agreement for that effective date. Although this may sound like a great opportunity, the problem is that your landlord can set your new rent at whatever amount they desire.

There are strict penalties when it comes to this area of the law. If your landlord does not offer you a right of first refusal after you have given proper notice, they could end up owing you 12 months of your previous rent as compensation. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.2 sections 51.2] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.3 51.3] of the ''RTA'' for more information.

===Move out date===

If you do not dispute a “landlord’s use” eviction notice, your move-out date will be two or four months later, on the last day of the month (assuming you pay rent on the 1st of the month). For example, if you receive a Four Month Eviction Notice on March 5th, you would have to move out by July 31st. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not think you are overholding.

===Compensation===

Landlord’s Use of Property Eviction Notices have nothing to do with bad behaviour. For this reason, if you receive a Two Month or Four Month Eviction Notice, you are entitled to one month rent as compensation to help with the financial burden of moving. Your landlord must either pay you this money or give you the last month rent free.

'''Exception:''' The one exception is if you are being evicted because you no longer qualify for your subsidized rental unit. If this is the case, you are not entitled to any compensation.

===Tenant giving notice to move out early===

If you want to move in to another rental unit before the two-month or four-month notice period has ended, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section50 section 50] of the ''RTA'' says that you can give your landlord 10 days written notice and move early. When giving short notice to move out, you are only required to pay for the days you actually live in the rental unit. For example, if you paid the full rent for the first month of a two-month notice period, but then gave 10 days written notice and moved out before the end of that first month, your landlord must pay you back for the days you did not live there. In addition, you are still entitled to one month rent as compensation for the second month of the two-month notice period.

===Landlord did not do what the eviction notice said===

Your landlord must follow through with the reason for your eviction. If your rental unit is not used for the stated purpose for at least six months, beginning within a reasonable period after the notice takes effect, your landlord may owe you 12 months of your previous rent as compensation. For example, a landlord may claim that they are moving in, but instead rent the unit to a new tenant at a higher rent.

'''Burden of proof''': When applying for 12 months’ rent as compensation, the burden of proof will be on your landlord. This means that, while you will be given the opportunity to present evidence at the hearing, the onus will be on your landlord to convince the arbitrator that they used the property for the stated purpose of ending your tenancy. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section51 section 51] of the ''RTA'' for more information.

'''Extenuating circumstances''': The RTB has the power to excuse the landlord from paying 12 months’ rent as compensation in “extenuating circumstances”. For example, if a landlord ends a tenancy to move in a parent, and then the parent dies one month after moving in, the landlord may be excused because the situation that unfolded could not have been reasonably anticipated and was out of the landlord’s control. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl50.pdf Policy Guideline 50] for more information.

===Fixed term tenancies and Landlord’s Use Eviction Notices===

If you have a fixed term tenancy agreement, you cannot be given a Two Month or Four Month Eviction Notice that takes effect before your contract has ended. If your landlord gives you this type of notice, it is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to apply on the last day of your agreement.

===Selling a rental unit===

When an owner sells a rental unit, the tenant living in that unit may be evicted, but it is not automatic. The new landlord (purchaser) must honour the existing tenancy agreement and can only end it by following the same eviction rules that the previous landlord (seller) would have had to follow.

If the purchaser wants to occupy the rental unit or have a “close family member” occupy the unit, they can make a request in writing that the seller issue a Two Month Eviction Notice on their behalf, but only after all the conditions of the sale have been satisfied. If the purchaser does not plan on occupying the rental unit, or having a “close family member” occupy the unit, the purchaser will become the new landlord and the tenancy will continue under the existing agreement.

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

'''Beware of mutual agreements to end tenancy:''' The Residential Tenancy Branch has a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy” form] that tenants and landlords can use to end their tenancy on an agreed upon date. If your landlord wants to evict you for “landlord’s use”, be careful not to sign this form. Some landlords may try to use a Mutual Agreement to End Tenancy form, instead of an official eviction notice, to avoid having to pay one month rent as compensation.

==Deadlines to dispute eviction notices==

There are strict deadlines for disputing eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

You must apply for dispute resolution within these deadlines. Failing to do so means that, from a legal standpoint, you are accepting the eviction notice and agreeing to move out.

'''Exceptions:''' Arbitrators do have the power to extend a deadline to apply for dispute resolution, but not beyond the effective date of an eviction notice. Extensions will only be granted in exceptional circumstances, such as hospitalization that prevented a tenant from disputing an eviction notice on time.

==Physically removing a tenant==

There are strict rules when it comes to physically removing a tenant and their possessions from a rental unit. Here are the steps that your landlord must follow:
# Serve you with a copy of a Residential Tenancy Branch (RTB) Order of Possession.
# Wait for the two-day review period to expire. (If you successfully file a RTB Application for Review Consideration during the two-day review period, the RTB will put your Order of Possession on hold. Your landlord must then wait to see if the review is decided in their favour before moving on to the next step.)
# Take the Order of Possession to the BC Supreme Court and obtain a Writ of Possession.
# Use the Writ of Possession to hire a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiff].

'''Overholding:''' If you stay past the move-out date listed on an eviction notice or Order of Possession, you may end up owing your landlord some money. In addition, if your landlord hires a court-approved bailiff to remove you and your belongings from your rental unit, you may be held responsible for at least some of the associated costs.

'''Role of the police:''' The police do not have the authority to evict tenants on their own. However, a court-approved bailiff may ask them to attend an eviction to keep the peace while a tenant is being removed.

===List of court-approved bailiffs===

The Attorney General publishes a list of [www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiffs]. Only the companies on this list can legally enforce a Writ of Possession on behalf of a landlord.

'''Warning:''' There are people in BC who are paid money to pressure tenants to move out even though they are not authorized to enforce a Writ of Possession. If someone comes to your door claiming to be a bailiff, always ask for identification.

===Court bailiff rules===

Court bailiffs carrying out an eviction can seize and sell your personal property to pay their fees. However, you have the right to claim exemptions to protect the following items:
* necessary clothing;
* household furniture and appliances worth up to $4,000;
* one motor vehicle worth up to $5,000;
* tools and other property worth up to $10,000, if they are used to earn income; and
* medical and dental aids.

Bailiffs will often give you an opportunity to claim these exemptions when they first show up at your rental unit. If your belongings are taken before you have a chance to claim your exemptions, contact the bailiff company right away. You must claim your exemptions within two days of the date you found out that your property was seized.

===Illegal lockouts===

An illegal lockout could mean that you are without access to money, medication, work tools, and personal identification. If your landlord locks you out of your rental unit, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] immediately. If your landlord continues to deny you access to your home, you will have to apply for dispute resolution to ask for an Order of Possession and monetary compensation. The RTB considers illegal lockouts a top priority when scheduling hearings.

==Other ways a tenancy could end==

There are sometimes exceptional circumstances that force tenancies to end unexpectedly. If a flood, fire, or earthquake leaves your rental unit unlivable, your tenancy agreement may be considered a “frustrated contract”, since it would be impossible for your tenancy to continue under those circumstances. See Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl34.pdf Policy Guideline 34] for more information. You may also come across a situation where the property you are living in experiences a foreclosure. This can happen when a bank or another lender takes control of your rental property because the landlord can no longer pay their mortgage.

If you find yourself in one of these complicated situations, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] to ask for additional information and assistance.

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
|author =
}}
__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Living in Peace When Renting

2024-06-06T22:10:35Z

Andrew Sakamoto: /* Guests */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' respect your neighbours’ right to quiet enjoyment. Treat them how you expect them to treat you.

'''DO NOT:''' think that quiet enjoyment gives you the right to complete silence. If you live with neighbouring tenants, you should expect some noise – especially during the day.

[[File:noisy neighbors.jpg | right | frame | link= ]]

==The meaning of quiet enjoyment==

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section28 Section 28] of the ''Residential Tenancy Act (RTA)'' covers “quiet enjoyment” – an important legal principle that gives every tenant the right to:
* reasonable privacy;
* freedom from unreasonable disturbances;
* exclusive use of their rental unit (unless their landlord is allowed to enter by law); and
* use of common areas for reasonable purposes.

Here are some situations that may be considered breaches, or violations, of quiet enjoyment:
* unreasonable and ongoing noise;
* unreasonable and ongoing second-hand smoke;
* intimidation or harassment;
* landlord entering your rental unit too frequently;
* landlord entering your rental unit without permission or proper notice; and
* landlord unreasonably refusing you access to common areas of the residential property.

The ''RTA'' deals with tenant-landlord relationships – not tenant-tenant relationships. This means that if another tenant has breached your right to quiet enjoyment, and you do not feel comfortable approaching them about the matter, you can ask your landlord to step in and correct the situation. If your landlord fails to ensure that your right to quiet enjoyment is protected, you can take your landlord – not the tenant – to dispute resolution.

'''Exceptions:''' Supportive housing is exempt from the section of the ''RTA'' that covers quiet enjoyment. For more information, including a definition of "supportive housing", please review this [https://www.bclaws.gov.bc.ca/civix/document/id/oic/oic_cur/0017_2024 Order in Council].

==Landlord entry==

===''Legal'' landlord entry===

To legally enter a rental unit, landlords must provide tenants with written notice at least 24 hours – but not more than 30 days – before entering. The notice must state:
* the date;
* the time (between 8am and 9pm); and
* a reasonable reason for entry, such as making repairs or completing a monthly inspection.

If your landlord has given proper notice, they can enter your rental unit even if you are not home at that time.

'''Exceptions:''' A landlord can enter a rental unit without proper notice or permission if:
* the tenant lives in supportive housing, as defined by this [https://www.bclaws.gov.bc.ca/civix/document/id/oic/oic_cur/0017_2024 Order in Council].
* there is an emergency and the landlord’s entry is necessary to protect life or property;
* the landlord has obtained a Residential Tenancy Branch order that gives them permission to enter;
* the landlord or an agent of the landlord needs to provide housekeeping services in accordance with the tenancy agreement; or
* the tenant has “abandoned” the rental property, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#part5 Part 5] of the ''Residential Tenancy Regulation''.

See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section29 section 29] of the ''Residential Tenancy Act'' for more information.

===''Illegal'' landlord entry===

If your landlord enters your rental unit illegally, write them a letter explaining that they must provide you with proper written notice in the future. If your landlord continues to break the law, an arbitrator can:
* order your landlord to obey the law in the future;
* give you permission to change the locks and keep the only key;
* allow your landlord to enter only under certain conditions; and
* if your landlord’s behaviour is serious enough, order them to pay you money.

It can be difficult to prove to an arbitrator that your landlord entered your home illegally. Evidence such as photos, videos, complaint letters, witness statements, and affidavits can significantly improve your chances of winning a dispute resolution hearing.

==Noise==

Quiet enjoyment gives you the right to be free from unreasonable disturbances; it does not give you the right to complete silence at all times. If you live with neighbouring tenants, you should expect a reasonable amount of noise – especially during the day. In addition, if you live in an older building, you should expect inferior soundproofing compared to more modern buildings. To help you determine what is considered reasonable noise in your neighbourhood, check to see if your municipality has a noise bylaw.

If noise issues become unreasonable, inform your landlord in writing that your right to quiet enjoyment has been breached, or violated. Once notified, your landlord has a responsibility to investigate the problem and, if necessary, correct the situation. Although the police do not normally get involved in residential tenancy disputes, you can consider contacting them in extreme situations, such as an excessively loud party late at night.

==Smoking==

If you are searching for housing as a non-smoker, ask about the smoking rules for the entire building – not only the rental unit you are viewing. Some buildings with “no-smoking” policies may still have tenants who smoke because they have lived in the building since before the policy was introduced. Even though these tenants may legally be allowed to smoke, your landlord must still ensure that their smoking does not unreasonably disturb you.

'''Marijuana:''' Landlords in BC are allowed to restrict tenants from growing and smoking recreational marijuana in rental properties. Tenants who have been prescribed medical marijuana may have the right to consume it in their rental unit under the [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01 BC Human Rights Code], but they must also ensure that they are not violating another tenant’s right to quiet enjoyment under the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

==Intimidation, harassment, and physical harm==

Your landlord is never allowed to intimidate, threaten, or harass you. In the same way that a doctor must act professionally about matters related to your health, your landlord should treat you professionally when dealing with your tenancy. They are running a business and you are their customer.

If your landlord’s behaviour endangers your personal safety, you can apply to the Residential Tenancy Branch (RTB) for the right to change your locks and an order instructing your landlord to follow the law. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section45 section 45(3)] of the RTA, you can also consider ending your tenancy early if your landlord has breached a “material term” and failed to correct the situation within a reasonable period after receiving your written warning. According to RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl08.pdf Policy Guideline 8], a material term is a term that is so important that even the simplest breach or violation may give you the right to end your tenancy. Although this may seem straightforward, material terms can actually be quite complicated and case-by-case; it is possible for the same term to be considered material in one tenancy but not another.

If you end your tenancy due to breach of a material term, your landlord may apply for a monetary order against you, so be prepared to convince an arbitrator that there was no way your tenancy could have continued. Alternatively, you can always apply for dispute resolution to request permission to end your tenancy early.

'''Calling the police:''' The police do not generally get involved in residential tenancy disputes. However, if your landlord or another tenant ever physically hurts you, threatens to hurt you, forcibly enters your home, or puts you in danger, contact the police immediately.

==Guests==

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#Schedule section 9 of the Schedule] in the ''Residential Tenancy Regulation'', your landlord cannot unreasonably restrict guests from entering your rental property or charge you a fee for having guests visit – even if they stay overnight. However, at some point a “guest” becomes an “occupant”, so be reasonable when it comes to overnight visitors. The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' does not provide any details on the maximum number of days a guest can visit, so use your best judgement.

Your tenancy agreement might try to limit the number of times guests can stay overnight throughout the year. If that is the case, remember that no tenancy agreement in BC can avoid the law, or contain unconscionable terms – even if it has been signed by the tenant. The ''RTA'' says that you can have guests visit and stay overnight under reasonable circumstances, and your landlord cannot take that right away. For example, if your tenancy agreement says that you can have overnight visitors for only 14 days per year, there is a reasonable argument to be made at dispute resolution that an arbitrator should find that term to be unconscionable and unenforceable.

'''Exceptions:''' Supportive housing is exempt from the section of the Residential Tenancy Act that covers [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section30 guest policies]. For more information, including a definition of “supportive housing”, please review this [https://www.bclaws.gov.bc.ca/civix/document/id/oic/oic_cur/0017_2024 Order in Council].

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
|author =
}}
__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Living in Peace When Renting

2024-06-06T22:10:12Z

Andrew Sakamoto:

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' respect your neighbours’ right to quiet enjoyment. Treat them how you expect them to treat you.

'''DO NOT:''' think that quiet enjoyment gives you the right to complete silence. If you live with neighbouring tenants, you should expect some noise – especially during the day.

[[File:noisy neighbors.jpg | right | frame | link= ]]

==The meaning of quiet enjoyment==

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section28 Section 28] of the ''Residential Tenancy Act (RTA)'' covers “quiet enjoyment” – an important legal principle that gives every tenant the right to:
* reasonable privacy;
* freedom from unreasonable disturbances;
* exclusive use of their rental unit (unless their landlord is allowed to enter by law); and
* use of common areas for reasonable purposes.

Here are some situations that may be considered breaches, or violations, of quiet enjoyment:
* unreasonable and ongoing noise;
* unreasonable and ongoing second-hand smoke;
* intimidation or harassment;
* landlord entering your rental unit too frequently;
* landlord entering your rental unit without permission or proper notice; and
* landlord unreasonably refusing you access to common areas of the residential property.

The ''RTA'' deals with tenant-landlord relationships – not tenant-tenant relationships. This means that if another tenant has breached your right to quiet enjoyment, and you do not feel comfortable approaching them about the matter, you can ask your landlord to step in and correct the situation. If your landlord fails to ensure that your right to quiet enjoyment is protected, you can take your landlord – not the tenant – to dispute resolution.

'''Exceptions:''' Supportive housing is exempt from the section of the ''RTA'' that covers quiet enjoyment. For more information, including a definition of "supportive housing", please review this [https://www.bclaws.gov.bc.ca/civix/document/id/oic/oic_cur/0017_2024 Order in Council].

==Landlord entry==

===''Legal'' landlord entry===

To legally enter a rental unit, landlords must provide tenants with written notice at least 24 hours – but not more than 30 days – before entering. The notice must state:
* the date;
* the time (between 8am and 9pm); and
* a reasonable reason for entry, such as making repairs or completing a monthly inspection.

If your landlord has given proper notice, they can enter your rental unit even if you are not home at that time.

'''Exceptions:''' A landlord can enter a rental unit without proper notice or permission if:
* the tenant lives in supportive housing, as defined by this [https://www.bclaws.gov.bc.ca/civix/document/id/oic/oic_cur/0017_2024 Order in Council].
* there is an emergency and the landlord’s entry is necessary to protect life or property;
* the landlord has obtained a Residential Tenancy Branch order that gives them permission to enter;
* the landlord or an agent of the landlord needs to provide housekeeping services in accordance with the tenancy agreement; or
* the tenant has “abandoned” the rental property, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#part5 Part 5] of the ''Residential Tenancy Regulation''.

See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section29 section 29] of the ''Residential Tenancy Act'' for more information.

===''Illegal'' landlord entry===

If your landlord enters your rental unit illegally, write them a letter explaining that they must provide you with proper written notice in the future. If your landlord continues to break the law, an arbitrator can:
* order your landlord to obey the law in the future;
* give you permission to change the locks and keep the only key;
* allow your landlord to enter only under certain conditions; and
* if your landlord’s behaviour is serious enough, order them to pay you money.

It can be difficult to prove to an arbitrator that your landlord entered your home illegally. Evidence such as photos, videos, complaint letters, witness statements, and affidavits can significantly improve your chances of winning a dispute resolution hearing.

==Noise==

Quiet enjoyment gives you the right to be free from unreasonable disturbances; it does not give you the right to complete silence at all times. If you live with neighbouring tenants, you should expect a reasonable amount of noise – especially during the day. In addition, if you live in an older building, you should expect inferior soundproofing compared to more modern buildings. To help you determine what is considered reasonable noise in your neighbourhood, check to see if your municipality has a noise bylaw.

If noise issues become unreasonable, inform your landlord in writing that your right to quiet enjoyment has been breached, or violated. Once notified, your landlord has a responsibility to investigate the problem and, if necessary, correct the situation. Although the police do not normally get involved in residential tenancy disputes, you can consider contacting them in extreme situations, such as an excessively loud party late at night.

==Smoking==

If you are searching for housing as a non-smoker, ask about the smoking rules for the entire building – not only the rental unit you are viewing. Some buildings with “no-smoking” policies may still have tenants who smoke because they have lived in the building since before the policy was introduced. Even though these tenants may legally be allowed to smoke, your landlord must still ensure that their smoking does not unreasonably disturb you.

'''Marijuana:''' Landlords in BC are allowed to restrict tenants from growing and smoking recreational marijuana in rental properties. Tenants who have been prescribed medical marijuana may have the right to consume it in their rental unit under the [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01 BC Human Rights Code], but they must also ensure that they are not violating another tenant’s right to quiet enjoyment under the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

==Intimidation, harassment, and physical harm==

Your landlord is never allowed to intimidate, threaten, or harass you. In the same way that a doctor must act professionally about matters related to your health, your landlord should treat you professionally when dealing with your tenancy. They are running a business and you are their customer.

If your landlord’s behaviour endangers your personal safety, you can apply to the Residential Tenancy Branch (RTB) for the right to change your locks and an order instructing your landlord to follow the law. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section45 section 45(3)] of the RTA, you can also consider ending your tenancy early if your landlord has breached a “material term” and failed to correct the situation within a reasonable period after receiving your written warning. According to RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl08.pdf Policy Guideline 8], a material term is a term that is so important that even the simplest breach or violation may give you the right to end your tenancy. Although this may seem straightforward, material terms can actually be quite complicated and case-by-case; it is possible for the same term to be considered material in one tenancy but not another.

If you end your tenancy due to breach of a material term, your landlord may apply for a monetary order against you, so be prepared to convince an arbitrator that there was no way your tenancy could have continued. Alternatively, you can always apply for dispute resolution to request permission to end your tenancy early.

'''Calling the police:''' The police do not generally get involved in residential tenancy disputes. However, if your landlord or another tenant ever physically hurts you, threatens to hurt you, forcibly enters your home, or puts you in danger, contact the police immediately.

==Guests==

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#Schedule section 9 of the Schedule] in the ''Residential Tenancy Regulation'', your landlord cannot unreasonably restrict guests from entering your rental property or charge you a fee for having guests visit – even if they stay overnight. However, at some point a “guest” becomes an “occupant”, so be reasonable when it comes to overnight visitors. The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' does not provide any details on the maximum number of days a guest can visit, so use your best judgement.

Your tenancy agreement might try to limit the number of times guests can stay overnight throughout the year. If that is the case, remember that no tenancy agreement in BC can avoid the law, or contain unconscionable terms – even if it has been signed by the tenant. The ''RTA'' says that you can have guests visit and stay overnight under reasonable circumstances, and your landlord cannot take that right away. For example, if your tenancy agreement says that you can have overnight visitors for only 14 days per year, there is a reasonable argument to be made at dispute resolution that an arbitrator should find that term to be unconscionable and unenforceable.

Exceptions: Supportive housing is exempt from the section of the Residential Tenancy Act that covers [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section30 guest policies]. For more information, including a definition of “supportive housing”, please review this [https://www.bclaws.gov.bc.ca/civix/document/id/oic/oic_cur/0017_2024 Order in Council].

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
|author =
}}
__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Living in Peace When Renting

2024-06-06T22:07:23Z

Andrew Sakamoto:

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' respect your neighbours’ right to quiet enjoyment. Treat them how you expect them to treat you.

'''DO NOT:''' think that quiet enjoyment gives you the right to complete silence. If you live with neighbouring tenants, you should expect some noise – especially during the day.

[[File:noisy neighbors.jpg | right | frame | link= ]]

==The meaning of quiet enjoyment==

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section28 Section 28] of the ''Residential Tenancy Act (RTA)'' covers “quiet enjoyment” – an important legal principle that gives every tenant the right to:
* reasonable privacy;
* freedom from unreasonable disturbances;
* exclusive use of their rental unit (unless their landlord is allowed to enter by law); and
* use of common areas for reasonable purposes.

Here are some situations that may be considered breaches, or violations, of quiet enjoyment:
* unreasonable and ongoing noise;
* unreasonable and ongoing second-hand smoke;
* intimidation or harassment;
* landlord entering your rental unit too frequently;
* landlord entering your rental unit without permission or proper notice; and
* landlord unreasonably refusing you access to common areas of the residential property.

The ''RTA'' deals with tenant-landlord relationships – not tenant-tenant relationships. This means that if another tenant has breached your right to quiet enjoyment, and you do not feel comfortable approaching them about the matter, you can ask your landlord to step in and correct the situation. If your landlord fails to ensure that your right to quiet enjoyment is protected, you can take your landlord – not the tenant – to dispute resolution.

'''Exceptions:''' Supportive housing is exempt from the section of the ''RTA'' that covers quiet enjoyment. For more information, including a definition of "supportive housing", please review this [https://www.bclaws.gov.bc.ca/civix/document/id/oic/oic_cur/0017_2024 Order in Council].

==Landlord entry==

===''Legal'' landlord entry===

To legally enter a rental unit, landlords must provide tenants with written notice at least 24 hours – but not more than 30 days – before entering. The notice must state:
* the date;
* the time (between 8am and 9pm); and
* a reasonable reason for entry, such as making repairs or completing a monthly inspection.

If your landlord has given proper notice, they can enter your rental unit even if you are not home at that time.

'''Exceptions:''' A landlord can enter a rental unit without proper notice or permission if:
* the tenant lives in supportive housing, as defined by this [https://www.bclaws.gov.bc.ca/civix/document/id/oic/oic_cur/0017_2024 Order in Council].
* there is an emergency and the landlord’s entry is necessary to protect life or property;
* the landlord has obtained a Residential Tenancy Branch order that gives them permission to enter;
* the landlord or an agent of the landlord needs to provide housekeeping services in accordance with the tenancy agreement; or
* the tenant has “abandoned” the rental property, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#part5 Part 5] of the ''Residential Tenancy Regulation''.

See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section29 section 29] of the ''Residential Tenancy Act'' for more information.

===''Illegal'' landlord entry===

If your landlord enters your rental unit illegally, write them a letter explaining that they must provide you with proper written notice in the future. If your landlord continues to break the law, an arbitrator can:
* order your landlord to obey the law in the future;
* give you permission to change the locks and keep the only key;
* allow your landlord to enter only under certain conditions; and
* if your landlord’s behaviour is serious enough, order them to pay you money.

It can be difficult to prove to an arbitrator that your landlord entered your home illegally. Evidence such as photos, videos, complaint letters, witness statements, and affidavits can significantly improve your chances of winning a dispute resolution hearing.

==Noise==

Quiet enjoyment gives you the right to be free from unreasonable disturbances; it does not give you the right to complete silence at all times. If you live with neighbouring tenants, you should expect a reasonable amount of noise – especially during the day. In addition, if you live in an older building, you should expect inferior soundproofing compared to more modern buildings. To help you determine what is considered reasonable noise in your neighbourhood, check to see if your municipality has a noise bylaw.

If noise issues become unreasonable, inform your landlord in writing that your right to quiet enjoyment has been breached, or violated. Once notified, your landlord has a responsibility to investigate the problem and, if necessary, correct the situation. Although the police do not normally get involved in residential tenancy disputes, you can consider contacting them in extreme situations, such as an excessively loud party late at night.

==Smoking==

If you are searching for housing as a non-smoker, ask about the smoking rules for the entire building – not only the rental unit you are viewing. Some buildings with “no-smoking” policies may still have tenants who smoke because they have lived in the building since before the policy was introduced. Even though these tenants may legally be allowed to smoke, your landlord must still ensure that their smoking does not unreasonably disturb you.

'''Marijuana:''' Landlords in BC are allowed to restrict tenants from growing and smoking recreational marijuana in rental properties. Tenants who have been prescribed medical marijuana may have the right to consume it in their rental unit under the [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01 BC Human Rights Code], but they must also ensure that they are not violating another tenant’s right to quiet enjoyment under the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

==Intimidation, harassment, and physical harm==

Your landlord is never allowed to intimidate, threaten, or harass you. In the same way that a doctor must act professionally about matters related to your health, your landlord should treat you professionally when dealing with your tenancy. They are running a business and you are their customer.

If your landlord’s behaviour endangers your personal safety, you can apply to the Residential Tenancy Branch (RTB) for the right to change your locks and an order instructing your landlord to follow the law. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section45 section 45(3)] of the RTA, you can also consider ending your tenancy early if your landlord has breached a “material term” and failed to correct the situation within a reasonable period after receiving your written warning. According to RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl08.pdf Policy Guideline 8], a material term is a term that is so important that even the simplest breach or violation may give you the right to end your tenancy. Although this may seem straightforward, material terms can actually be quite complicated and case-by-case; it is possible for the same term to be considered material in one tenancy but not another.

If you end your tenancy due to breach of a material term, your landlord may apply for a monetary order against you, so be prepared to convince an arbitrator that there was no way your tenancy could have continued. Alternatively, you can always apply for dispute resolution to request permission to end your tenancy early.

'''Calling the police:''' The police do not generally get involved in residential tenancy disputes. However, if your landlord or another tenant ever physically hurts you, threatens to hurt you, forcibly enters your home, or puts you in danger, contact the police immediately.

==Guests==

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#Schedule section 9 of the Schedule] in the ''Residential Tenancy Regulation'', your landlord cannot unreasonably restrict guests from entering your rental property or charge you a fee for having guests visit – even if they stay overnight. However, at some point a “guest” becomes an “occupant”, so be reasonable when it comes to overnight visitors. The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' does not provide any details on the maximum number of days a guest can visit, so use your best judgement.

Your tenancy agreement might try to limit the number of times guests can stay overnight throughout the year. If that is the case, remember that no tenancy agreement in BC can avoid the law, or contain unconscionable terms – even if it has been signed by the tenant. The ''RTA'' says that you can have guests visit and stay overnight under reasonable circumstances, and your landlord cannot take that right away. For example, if your tenancy agreement says that you can have overnight visitors for only 14 days per year, there is a reasonable argument to be made at dispute resolution that an arbitrator should find that term to be unconscionable and unenforceable.

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
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}}
__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Living in Peace When Renting

2024-06-06T22:06:12Z

Andrew Sakamoto:

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' respect your neighbours’ right to quiet enjoyment. Treat them how you expect them to treat you.

'''DO NOT:''' think that quiet enjoyment gives you the right to complete silence. If you live with neighbouring tenants, you should expect some noise – especially during the day.

[[File:noisy neighbors.jpg | right | frame | link= ]]

==The meaning of quiet enjoyment==

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section28 Section 28] of the ''Residential Tenancy Act (RTA)'' covers “quiet enjoyment” – an important legal principle that gives every tenant the right to:
* reasonable privacy;
* freedom from unreasonable disturbances;
* exclusive use of their rental unit (unless their landlord is allowed to enter by law); and
* use of common areas for reasonable purposes.

Here are some situations that may be considered breaches, or violations, of quiet enjoyment:
* unreasonable and ongoing noise;
* unreasonable and ongoing second-hand smoke;
* intimidation or harassment;
* landlord entering your rental unit too frequently;
* landlord entering your rental unit without permission or proper notice; and
* landlord unreasonably refusing you access to common areas of the residential property.

The ''RTA'' deals with tenant-landlord relationships – not tenant-tenant relationships. This means that if another tenant has breached your right to quiet enjoyment, and you do not feel comfortable approaching them about the matter, you can ask your landlord to step in and correct the situation. If your landlord fails to ensure that your right to quiet enjoyment is protected, you can take your landlord – not the tenant – to dispute resolution.

'''Exceptions:''' Supportive housing is exempt from the section of the ''RTA'' that covers quiet enjoyment. For more information, including a definition of "supportive housing", please review this [https://www.bclaws.gov.bc.ca/civix/document/id/oic/oic_cur/0017_2024 Order in Council].

==Landlord entry==

===''Legal'' landlord entry===

To legally enter a rental unit, landlords must provide tenants with written notice at least 24 hours – but not more than 30 days – before entering. The notice must state:
* the date;
* the time (between 8am and 9pm); and
* a reasonable reason for entry, such as making repairs or completing a monthly inspection.

If your landlord has given proper notice, they can enter your rental unit even if you are not home at that time.

'''Exceptions:''' A landlord can enter a rental unit without proper notice or permission if:
* there is an emergency and the landlord’s entry is necessary to protect life or property;
* the landlord has obtained a Residential Tenancy Branch order that gives them permission to enter;
* the landlord or an agent of the landlord needs to provide housekeeping services in accordance with the tenancy agreement; or
* the tenant has “abandoned” the rental property, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#part5 Part 5] of the ''Residential Tenancy Regulation''.

See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section29 section 29] of the ''Residential Tenancy Act'' for more information.

===''Illegal'' landlord entry===

If your landlord enters your rental unit illegally, write them a letter explaining that they must provide you with proper written notice in the future. If your landlord continues to break the law, an arbitrator can:
* order your landlord to obey the law in the future;
* give you permission to change the locks and keep the only key;
* allow your landlord to enter only under certain conditions; and
* if your landlord’s behaviour is serious enough, order them to pay you money.

It can be difficult to prove to an arbitrator that your landlord entered your home illegally. Evidence such as photos, videos, complaint letters, witness statements, and affidavits can significantly improve your chances of winning a dispute resolution hearing.

==Noise==

Quiet enjoyment gives you the right to be free from unreasonable disturbances; it does not give you the right to complete silence at all times. If you live with neighbouring tenants, you should expect a reasonable amount of noise – especially during the day. In addition, if you live in an older building, you should expect inferior soundproofing compared to more modern buildings. To help you determine what is considered reasonable noise in your neighbourhood, check to see if your municipality has a noise bylaw.

If noise issues become unreasonable, inform your landlord in writing that your right to quiet enjoyment has been breached, or violated. Once notified, your landlord has a responsibility to investigate the problem and, if necessary, correct the situation. Although the police do not normally get involved in residential tenancy disputes, you can consider contacting them in extreme situations, such as an excessively loud party late at night.

==Smoking==

If you are searching for housing as a non-smoker, ask about the smoking rules for the entire building – not only the rental unit you are viewing. Some buildings with “no-smoking” policies may still have tenants who smoke because they have lived in the building since before the policy was introduced. Even though these tenants may legally be allowed to smoke, your landlord must still ensure that their smoking does not unreasonably disturb you.

'''Marijuana:''' Landlords in BC are allowed to restrict tenants from growing and smoking recreational marijuana in rental properties. Tenants who have been prescribed medical marijuana may have the right to consume it in their rental unit under the [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01 BC Human Rights Code], but they must also ensure that they are not violating another tenant’s right to quiet enjoyment under the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

==Intimidation, harassment, and physical harm==

Your landlord is never allowed to intimidate, threaten, or harass you. In the same way that a doctor must act professionally about matters related to your health, your landlord should treat you professionally when dealing with your tenancy. They are running a business and you are their customer.

If your landlord’s behaviour endangers your personal safety, you can apply to the Residential Tenancy Branch (RTB) for the right to change your locks and an order instructing your landlord to follow the law. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section45 section 45(3)] of the RTA, you can also consider ending your tenancy early if your landlord has breached a “material term” and failed to correct the situation within a reasonable period after receiving your written warning. According to RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl08.pdf Policy Guideline 8], a material term is a term that is so important that even the simplest breach or violation may give you the right to end your tenancy. Although this may seem straightforward, material terms can actually be quite complicated and case-by-case; it is possible for the same term to be considered material in one tenancy but not another.

If you end your tenancy due to breach of a material term, your landlord may apply for a monetary order against you, so be prepared to convince an arbitrator that there was no way your tenancy could have continued. Alternatively, you can always apply for dispute resolution to request permission to end your tenancy early.

'''Calling the police:''' The police do not generally get involved in residential tenancy disputes. However, if your landlord or another tenant ever physically hurts you, threatens to hurt you, forcibly enters your home, or puts you in danger, contact the police immediately.

==Guests==

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#Schedule section 9 of the Schedule] in the ''Residential Tenancy Regulation'', your landlord cannot unreasonably restrict guests from entering your rental property or charge you a fee for having guests visit – even if they stay overnight. However, at some point a “guest” becomes an “occupant”, so be reasonable when it comes to overnight visitors. The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' does not provide any details on the maximum number of days a guest can visit, so use your best judgement.

Your tenancy agreement might try to limit the number of times guests can stay overnight throughout the year. If that is the case, remember that no tenancy agreement in BC can avoid the law, or contain unconscionable terms – even if it has been signed by the tenant. The ''RTA'' says that you can have guests visit and stay overnight under reasonable circumstances, and your landlord cannot take that right away. For example, if your tenancy agreement says that you can have overnight visitors for only 14 days per year, there is a reasonable argument to be made at dispute resolution that an arbitrator should find that term to be unconscionable and unenforceable.

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
|author =
}}
__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Dispute Resolution for Tenants

2023-11-07T18:51:15Z

Andrew Sakamoto: /* Residential Tenancy Branch Review Consideration */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' seek help when going through the dispute resolution process. Ask a friend, family member, or legal advocate for assistance with gathering evidence, submitting your application, serving documents, and participating in the hearing.

'''DO NOT:''' forget the timelines for disputing eviction notices: 5 days for a 10 Day Notice, 10 days for a One Month Notice, 15 days for a Two Month Notice, and 30 days for a Four Month Notice.

==The basics==

The Residential Tenancy Branch (RTB) offers a service called dispute resolution, which is essentially BC’s tenant-landlord “court”. When facing a legal problem with your landlord, you do not have to hire an expensive lawyer and go to Small Claims Court or BC Supreme Court. Instead, you can request that a RTB arbitrator look at your case and make a legally-binding decision. Almost all legal disputes between tenants and landlords must be resolved through the RTB dispute resolution system.

[[File:Dispute resolution for tenants.png | right | frame | link= ]]

===Types of orders===

Arbitrators have the power to settle legal disputes on a range of topics. An arbitrator can:
* order your landlord to follow the law;
* order your landlord to pay you money;
* order your landlord to repair your rental unit;
* prevent your landlord from entering your rental unit;
* give you permission to change your locks;
* give you permission to withhold money from future rent payments; and
* cancel an eviction notice that your landlord has given you.

===Rules of Procedure and Policy Guidelines===

For more detailed information on dispute resolution, you can review the RTB’s Dispute Resolution [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] – a comprehensive resource that covers topics such as filing an application, making a cross-application, exchanging evidence, amending an application, adjourning a hearing, etc.

When preparing for a dispute resolution hearing, you should also see if there are any RTB [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/policy-guidelines Policy Guidelines] related to your dispute. These resources go into greater detail on certain topics compared to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'', and are often referred to by arbitrators when making decisions.

==Resolving disputes without dispute resolution==

Dispute resolution should often be viewed as a last resort, as it can be time-consuming, costly, and unpredictable. When faced with less urgent issues such as minor repairs or noisy neighbours, first notify your landlord in writing and give them a reasonable chance to fix the problem before applying for dispute resolution. Of course, when dealing with more urgent issues, such as an eviction notice or emergency repair, consider applying for dispute resolution right away.

===Tips when talking to your landlord===

Talking to your landlord can be challenging, especially when you disagree on an issue. Here are a few tips to keep in mind:
* '''Prepare ahead of time:''' It can be helpful to summarize your main points in advance, or have a practice conversation with a friend or family member.
* '''Consider your timing:''' Try to have the conversation when you are calm and composed, rather than upset and emotional.
* '''Stay on topic:''' Raising irrelevant issues can derail the conversation and make it harder to address your main concerns. If your landlord is getting off topic, acknowledge that you have heard what they said, but then refocus them on the original conversation.
* '''Consider your landlord’s perspective:''' An effective communicator can be respectful of the other person’s perspective, while also clearly and calmly stating their own.
* '''Be professional:''' It is in your best interest to be professional when dealing with your landlord, regardless of how they have treated you in the past. Stay focused on getting the best possible outcome rather than engaging in personal attacks and aggressive comments.

===Tips when writing a letter to your landlord===

You may struggle to find the right words when writing your landlord. To help with this, TRAC has developed a series of [http://tenants.bc.ca/template-letters/ template letters] on topics such as bed bugs, deposits, illegal rent increases, etc. Download one of our letters as a starting point. From there, you can add your own details, the date, and your signature before sending the letter.

Here are some tips to consider when writing your letter:
* '''Keep it short and sweet:''' Stick to your main points and avoid overwhelming your landlord with irrelevant details.
* '''Organization is key:''' Structure your letter in a way that makes it easy to read. If you are dealing with multiple issues, you may want to number them and address them one by one.
* '''Think twice:''' Before sending your letter, review it, or have someone else review it. You may even want to wait a night to see if you would change anything the next day.
*''' Consider your tone:''' Do not simply send a letter to complain to your landlord. You want your letter to be professional so that it helps you achieve a successful outcome. For example, do not write in CAPITAL LETTERS, since that means that you are SHOUTING!
* '''Be respectful:''' Remember that your landlord may keep a copy of your written communication for their record. Avoid writing anything that an arbitrator would find disrespectful.

===Residential Tenancy Branch early intervention===

You can contact the Residential Tenancy Branch and request that an Information Officer call your landlord and explain the law. Some landlords will be more likely to behave once a government employee has outlined the potential consequences for their illegal behaviour.

==Applying for dispute resolution==

===How to apply===

You can submit hardcopy applications at any Residential Tenancy Branch (RTB) office or [http://servicebc.gov.bc.ca/locations Service BC Centre]. The RTB has also recently improved their [http://gov.bc.ca/landlordtenant online application] process. Compared to the hardcopy application process, the online system offers several benefits, including:
* the ability to upload evidence online;
* the ability to apply for fee waiver applications online;
* helpful email reminders and notifications;
* an intuitive design with step-by-step instructions;
* the ability to resume incomplete applications; and
* mobile-friendly functionality.

===Fee===

It costs $100 to apply for dispute resolution. However, if you win your hearing, the arbitrator can order your landlord to repay you the fee – as long as you have made that request as part of your application. Alternatively, if you have a low income, you can apply for a [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online/fees-and-fee-waivers#Waiver fee waiver application] that cancels the fee entirely. To be successful, you may need to provide evidence of your income, such as an income assistance statement, employment insurance benefits statement, recent paystub from an employer, and/or recent bank statements.

===Time limits===

There are varying deadlines for dispute resolution applications, depending on the nature of the dispute. For example, here are the time limits to dispute eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

===Naming your landlord===

Name yourself as the “applicant” and your landlord(s) as the “respondent(s)”. Although tenants may sometimes only have one landlord – the owner of the rental unit – it is quite common for an owner to appoint an “agent”, such as a property management company, to act on their behalf as a secondary landlord. If this is the case, it can be wise to list both landlords on your application form.

If you are asking for money as part of your application, make sure to include the legal name and address of the owner. This will make it easier to enforce your monetary order through Small Claims Court if the owner refuses to pay. If you do not know who the owner of your rental unit is, you can complete a land title search through the Land Title Office. See TRAC’s webpage, [http://tenants.bc.ca/finding-out-who-my-landlord-is/ Finding Out Who My Landlord Is] for more information.

===Serving notice to your landlord===

Once your dispute resolution application has been accepted, the RTB will provide you with a package of hearing documents that lists the date and time of your hearing, instructions on how to prepare for your hearing, and copies of the application and submitted evidence. Hearing dates are set based on urgency, with the most serious applications receiving the highest priority, and monetary order applications receiving the lowest priority.

Once you have received your hearing documents, you have three days to serve them on the respondent(s) in one of the following ways:
# Delivering them in person to your landlord, and/or your landlord’s agent. If possible, bring a witness so you have proof that your documents were served properly.
# Sending them via registered mail. (Considering mailed documents are deemed received five days later, you are only required to mail your hearing documents within three days.) If you serve the documents via registered mail, make sure to keep the receipt and confirmation of delivery as evidence.

===Group applications===

A group of tenants facing related issues can ask the RTB to join their applications together and hold one dispute resolution hearing for everyone. If the RTB agrees to this, the lead tenant will be required to attend the hearing, while the other tenants will have the option to attend.

==Preparing for dispute resolution==

===Gathering and submitting evidence===

To be successful at dispute resolution, you will have to gather and submit enough quality evidence to convince an arbitrator to rule in your favour. Telling your side of the story is generally not enough; you should be prepared to present relevant evidence in a convincing manner.

Here are some examples of evidence that you should consider submitting:
* '''Tenancy agreement:''' Your landlord is legally required to give you a copy of your tenancy agreement within 21 days of entering into your tenancy.
* Written communication: Include written communication that strengthens your case, such as letters, forms, and notices. Relevant emails, texts, and social media messages may also be considered by arbitrators.
* '''Photos:''' Add descriptions of the photos and when they were taken. You should number and label them in a consistent fashion – for example, “Living Room Photo 1” and “Living Room Photo 2”.
* '''Audio and video recordings:''' Indicate which parts of the audio recordings and videos you would like the arbitrator to listen to and watch.
* '''Witnesses:''' Have witnesses speak at the hearing or submit signed witness statements.
* '''Affidavits:''' Submit affidavits (sworn statements) signed by you or your witnesses. A lawyer, Notary Public, or Commissioner of Oaths can assist you with this process. Affidavits may cost money but are generally considered stronger evidence than unsworn statements.
* '''Receipts:''' You will need proof of the expenses you paid when seeking a monetary order.
* '''Monetary Order Worksheet:''' If you are applying for a monetary order, you must submit the Residential Tenancy Branch form, “Monetary Order Worksheet”.

===Deadlines to submit evidence===

All evidence that you want to rely on at dispute resolution needs to be submitted to the Residential Tenancy Branch (RTB) and properly served on your landlord.

The person applying for dispute resolution – the “applicant” – should do their best to submit evidence with their application. If that is not possible, the RTB and the respondent must receive the evidence at least 14 days before the hearing. Evidence should always be submitted as soon as possible, as arbitrators have the right to refuse evidence that was intentionally submitted later than it could have been.

The person responding to the application – the “respondent” – must ensure that all their evidence is received by the RTB and the applicant at least seven days before the hearing. Again, if evidence submission is intentionally delayed, the arbitrator may decide to not consider it.

'''Late evidence:''' If you miss the deadline for submitting evidence, you can still submit your evidence late. Be prepared to have an argument ready for why the arbitrator should consider the evidence at the hearing. For example, the evidence may have only become available after the evidence deadline. If your landlord brings up evidence during a hearing that you did not receive on time, you can ask the arbitrator to not consider it, or to adjourn (reschedule) the hearing to a later date. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf section 3.17] of the Rules of Procedure for more information.

'''Service rules:''' The way that evidence is served can affect when it is legally considered received. For example:
* evidence delivered in person is considered received that same day;
* evidence left in a mailbox or mail slot is considered received three days later; and
* evidence that is mailed is considered received five days later.

===Digital Evidence===

Tenants who have filed for dispute resolution must, where possible, digitally submit evidence to the RTB through their online system. If you are not able to upload evidence in this manner, you can still submit physical copies directly to the RTB, or to any Service BC Centre across the province. Digitally submitting evidence to the RTB will make it available to the arbitrator handling your case, but the RTB will not send copies to your landlord on your behalf. This means that, when you digitally submit evidence to the RTB, you must also serve copies of that evidence to your landlord using an accepted method of service according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

When submitting digital evidence, you should ensure that your evidence is well organized. According to [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf section 3.10.1] of the Rules of Procedure, digital evidence should be accompanied by descriptions of the evidence, logical numbering systems for photographs, a time code for the key point in any audio or video recordings, etc. You must also submit RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb43.pdf “Digital Evidence Details”], available on the RTB website at gov.bc.ca/tenantlandlord. This form will help keep your evidence organized for the arbitrator, and ensure you follow the required steps for service.

When serving digital evidence on your landlord, you must ensure that they are able to access the evidence. For example, if you submit video evidence to the RTB online, and then make a DVD of that video to serve on your landlord, you must confirm with your landlord that they have playback equipment for the DVD, or can somehow access the information on the disc. When asked about whether they can access a particular format, your landlord must reply as soon as possible. If you choose to submit digital evidence, you must keep exact copies of that evidence for two years after the dispute resolution process has concluded. See sections 3.0 and 3.10 of the [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] and RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl42.pdf Policy Guideline 42] for more information.

===Bringing help===

The dispute resolution process has been designed for self-representation, which means that most tenants are able to participate in hearings on their own. That being said, if you feel that you need some assistance during your hearing, you have the right to bring a family member, friend, legal advocate, lawyer, translator, or interpreter.

==Participating in dispute resolution==

===Connecting to the conference call===

Dispute resolution hearings are almost always held over the phone. When you apply for dispute resolution, you will be given a hearing package with instructions on how to connect to the conference call. Make sure to keep these instructions in a safe place and have them ready for the start of your hearing. It is always a good idea to connect to the conference call early, so that you have time to address any potential technical issues before the hearing starts. If you are unable to connect to the conference call due to matters outside of your control, you may have to submit an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration].

===Start of the hearing===

The arbitrator will explain how the hearing will proceed and address any preliminary matters. This is the time to mention anything that needs to be dealt with before the hearing starts. For example, you may have to mention that an advocate will be representing you, a witness will be providing evidence, or that you need to amend your application.

'''Requesting an adjournment:''' You may need to request that your hearing be adjourned (rescheduled). For example, this could happen if you did not receive your landlord’s evidence in time to prepare a response. The decision to adjourn the hearing or proceed with the hearing will be up to the arbitrator handling your case.

===During the hearing===

You should be given a fair chance to argue your case, ask questions, and share evidence, including witness testimonies. Make sure to present your evidence clearly and concisely, and avoid raising issues that are irrelevant to your application. It is important to guide the arbitrator through your evidence; do not assume that they will understand everything on their own.

The applicant generally presents their evidence first, followed by the respondent. One exception to this rule is when a tenant is disputing an eviction notice. For those hearings, the respondent landlord must present their evidence first and explain why the eviction notice should be upheld. The tenant will then be given a chance to present their own evidence and defend their housing.

'''Negotiating a settlement:''' The arbitrator may suggest that you and your landlord negotiate a settlement during the hearing. Do not feel pressured to agree to a settlement unless you are completely satisfied with the terms.

'''Behaviour:''' Participating in a dispute resolution hearing can be an emotional experience, but it is important to always act in a professional manner and not interrupt anyone while they are speaking. Instead, write down your questions or concerns so that you can address them later. Speak clearly and respectfully to both the arbitrator and your landlord, and never raise your voice or use inappropriate language. Bad behaviour could hurt your credibility and, in turn, your chances of winning your hearing. If you believe it will be difficult to remain professional at your hearing, consider asking a friend, family member, or legal advocate to help you present your case.

===End of the hearing===

At the end of the hearing, the arbitrator may inform you of their decision or they may decide to take more time to review the evidence. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section77 section 77] of the ''Residential Tenancy Act'', arbitrators are required to reach a decision within 30 days. For hearings about eviction notices and other urgent matters, arbitrators will usually make their decision within a few days.

==Collecting money from your landlord==

Arbitrators have the power to issue orders that require one person to pay money to another person. A landlord could be issued a monetary order if their tenant has not paid the rent, while a tenant could be issued a monetary order if their landlord has broken the law.

Residential Tenancy Branch (RTB) monetary orders are legally-binding, which means the person who is required to pay must follow through with the payment. If you have obtained a monetary order that your landlord refuses to pay, you will have to enforce that order in Small Claims Court, since the RTB cannot enforce their own orders. A Small Claims Court judge could help you get paid by garnishing your landlord’s wages or placing a lien on their property. Visit TRAC’s webpage, [http://tenants.bc.ca/enforcing-a-monetary-order/ Enforcing a Monetary Order] for more information.

==Reviewing a dispute resolution hearing decision==

===Residential Tenancy Branch Correction and Clarification===

If a decision is unclear or contains a mistake, you can submit a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb6.pdf “Request for Correction”] or [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb38.pdf “Request for Clarification”] form to the Residential Tenancy Branch (RTB), free of charge. You will most likely not have to notify your landlord of this application, unless an arbitrator instructs you to do so.

For some types of issues, such as the following, there is a 15-day deadline to apply from the date you receive the decision:
* the decision is too complex or ambiguous and needs to be clarified;
* the decision contains an obvious error; or
* something was accidentally left out of the decision.

For other types of issues, such as the following, the 15-day deadline may not apply:
* the decision has a typo;
* order has grammatical errors; or
* the decision has a math error.

It can sometimes be challenging determining when the 15-day deadline applies. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl25.pdf Policy Guideline 25] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section78 section 78] of the ''Residential Tenancy Act (RTA)'' for more information.

===Residential Tenancy Branch Review Consideration===

You can ask the Residential Tenancy Branch (RTB) to review a decision that you have lost. This is not a chance to simply re-argue your case, as reviews are only granted in limited circumstances. [i Section 79(2)] of the ''RTA'' lists three situations where the RTB may accept an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration]:
# a party was unable to attend any part of a hearing for reasons unanticipated and beyond their control (e.g. phone disconnection issues);
# a party has new and relevant evidence that was not available at the time of the original hearing;
# a party has evidence that the the decision or order was obtained by fraud;
# a party, due to circumstances that could not be anticipated and were beyond their control, submitted material evidence after the deadline, but before the original hearing, and that evidence was not before the arbitrator at the original hearing (e.g. hospitalization);
# there was an administrative, procedural, or technical error that materially affected the result of the original hearing (e.g. documents uploaded to the wrong file);
# the arbitrator did not determine an issue that they were required to determine; and
# the arbitrator determined an issue that they did not have jurisdiction to determine.

In addition, the RTB now has the power to conduct a review on its own initiative, rather than waiting for a party to apply.

'''Fee:''' There is a $50 fee to apply for a Review Consideration, unless you had your application fee waived for the original hearing.

'''Deadlines:''' There are different application deadlines, depending on the nature of the dispute. For the following types of decisions, there is a two-day deadline from the time you receive the decision:
* unreasonable withholding of consent to assign or sublet;
* eviction for non-payment of rent;
* order of possession for the tenant or the landlord; and
* application to end a tenancy early.

For the following types of decisions, there is a five-day deadline from the time you receive the decision:
* repairs or maintenance;
* services or facilities; and
* any eviction notice other than one for non-payment of rent.

For all other types of decisions, there is a 15-day deadline from the time you receive the decision. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section80 section 80] of the ''RTA'' for more information.

===BC Supreme Court judicial review===

If your RTB hearing or decision was unfair, but your situation does not fit the eligibility criteria for a RTB Review Consideration, you can apply for a judicial review through BC Supreme Court.

The RTB is considered an expert tribunal on matters of residential tenancy law. This means that the standard of review for RTB decisions is quite high; a BC Supreme Court judge can only set aside a RTB decision if they find it to be procedurally unfair, patently unreasonable, or blatantly incorrect.

When you participate in a RTB dispute resolution hearing, you have the right to natural justice – also known as procedural fairness. This means that the arbitrator must allow you a fair opportunity to know the case against you, present evidence, and argue your side of the story. In addition, [http://www.bclaws.ca/civix/document/id/complete/statreg/04045_01#section58 section 58] of the ''Administrative Tribunals Act'' defines a decision as being “patently unreasonable” if it:
* is exercised arbitrarily or in bad faith;
* is exercised for an improper purpose;
* is based entirely or predominantly on irrelevant factors; or
* fails to take statutory requirements into account.

If a BC Supreme Court judge finds a decision to be procedurally unfair, patently unreasonable, or blatantly incorrect, they will usually order a new dispute resolution hearing at the RTB, rather than reach a new decision on their own. This means that even if you are successful in your judicial review application, there is no guarantee you will win your new hearing at the RTB.

'''Fee:''' $200

'''Deadline:''' 60 days from the date the RTB decision was made.

'''Key referral:''' The [http://www.clasbc.net/ Community Legal Assistance Society (CLAS)] is an expert organization on the topic of judicial review. If you are a tenant whose housing is at risk because you lost your dispute resolution hearing, CLAS may be able to provide free assistance with a judicial review application. They also offer an online [https://judicialreviewbc.ca/ Judicial Review Self-Help Guide].

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
|author =
}}
__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Dispute Resolution for Tenants

2023-11-07T18:50:46Z

Andrew Sakamoto: /* Residential Tenancy Branch Review Consideration */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' seek help when going through the dispute resolution process. Ask a friend, family member, or legal advocate for assistance with gathering evidence, submitting your application, serving documents, and participating in the hearing.

'''DO NOT:''' forget the timelines for disputing eviction notices: 5 days for a 10 Day Notice, 10 days for a One Month Notice, 15 days for a Two Month Notice, and 30 days for a Four Month Notice.

==The basics==

The Residential Tenancy Branch (RTB) offers a service called dispute resolution, which is essentially BC’s tenant-landlord “court”. When facing a legal problem with your landlord, you do not have to hire an expensive lawyer and go to Small Claims Court or BC Supreme Court. Instead, you can request that a RTB arbitrator look at your case and make a legally-binding decision. Almost all legal disputes between tenants and landlords must be resolved through the RTB dispute resolution system.

[[File:Dispute resolution for tenants.png | right | frame | link= ]]

===Types of orders===

Arbitrators have the power to settle legal disputes on a range of topics. An arbitrator can:
* order your landlord to follow the law;
* order your landlord to pay you money;
* order your landlord to repair your rental unit;
* prevent your landlord from entering your rental unit;
* give you permission to change your locks;
* give you permission to withhold money from future rent payments; and
* cancel an eviction notice that your landlord has given you.

===Rules of Procedure and Policy Guidelines===

For more detailed information on dispute resolution, you can review the RTB’s Dispute Resolution [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] – a comprehensive resource that covers topics such as filing an application, making a cross-application, exchanging evidence, amending an application, adjourning a hearing, etc.

When preparing for a dispute resolution hearing, you should also see if there are any RTB [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/policy-guidelines Policy Guidelines] related to your dispute. These resources go into greater detail on certain topics compared to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'', and are often referred to by arbitrators when making decisions.

==Resolving disputes without dispute resolution==

Dispute resolution should often be viewed as a last resort, as it can be time-consuming, costly, and unpredictable. When faced with less urgent issues such as minor repairs or noisy neighbours, first notify your landlord in writing and give them a reasonable chance to fix the problem before applying for dispute resolution. Of course, when dealing with more urgent issues, such as an eviction notice or emergency repair, consider applying for dispute resolution right away.

===Tips when talking to your landlord===

Talking to your landlord can be challenging, especially when you disagree on an issue. Here are a few tips to keep in mind:
* '''Prepare ahead of time:''' It can be helpful to summarize your main points in advance, or have a practice conversation with a friend or family member.
* '''Consider your timing:''' Try to have the conversation when you are calm and composed, rather than upset and emotional.
* '''Stay on topic:''' Raising irrelevant issues can derail the conversation and make it harder to address your main concerns. If your landlord is getting off topic, acknowledge that you have heard what they said, but then refocus them on the original conversation.
* '''Consider your landlord’s perspective:''' An effective communicator can be respectful of the other person’s perspective, while also clearly and calmly stating their own.
* '''Be professional:''' It is in your best interest to be professional when dealing with your landlord, regardless of how they have treated you in the past. Stay focused on getting the best possible outcome rather than engaging in personal attacks and aggressive comments.

===Tips when writing a letter to your landlord===

You may struggle to find the right words when writing your landlord. To help with this, TRAC has developed a series of [http://tenants.bc.ca/template-letters/ template letters] on topics such as bed bugs, deposits, illegal rent increases, etc. Download one of our letters as a starting point. From there, you can add your own details, the date, and your signature before sending the letter.

Here are some tips to consider when writing your letter:
* '''Keep it short and sweet:''' Stick to your main points and avoid overwhelming your landlord with irrelevant details.
* '''Organization is key:''' Structure your letter in a way that makes it easy to read. If you are dealing with multiple issues, you may want to number them and address them one by one.
* '''Think twice:''' Before sending your letter, review it, or have someone else review it. You may even want to wait a night to see if you would change anything the next day.
*''' Consider your tone:''' Do not simply send a letter to complain to your landlord. You want your letter to be professional so that it helps you achieve a successful outcome. For example, do not write in CAPITAL LETTERS, since that means that you are SHOUTING!
* '''Be respectful:''' Remember that your landlord may keep a copy of your written communication for their record. Avoid writing anything that an arbitrator would find disrespectful.

===Residential Tenancy Branch early intervention===

You can contact the Residential Tenancy Branch and request that an Information Officer call your landlord and explain the law. Some landlords will be more likely to behave once a government employee has outlined the potential consequences for their illegal behaviour.

==Applying for dispute resolution==

===How to apply===

You can submit hardcopy applications at any Residential Tenancy Branch (RTB) office or [http://servicebc.gov.bc.ca/locations Service BC Centre]. The RTB has also recently improved their [http://gov.bc.ca/landlordtenant online application] process. Compared to the hardcopy application process, the online system offers several benefits, including:
* the ability to upload evidence online;
* the ability to apply for fee waiver applications online;
* helpful email reminders and notifications;
* an intuitive design with step-by-step instructions;
* the ability to resume incomplete applications; and
* mobile-friendly functionality.

===Fee===

It costs $100 to apply for dispute resolution. However, if you win your hearing, the arbitrator can order your landlord to repay you the fee – as long as you have made that request as part of your application. Alternatively, if you have a low income, you can apply for a [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online/fees-and-fee-waivers#Waiver fee waiver application] that cancels the fee entirely. To be successful, you may need to provide evidence of your income, such as an income assistance statement, employment insurance benefits statement, recent paystub from an employer, and/or recent bank statements.

===Time limits===

There are varying deadlines for dispute resolution applications, depending on the nature of the dispute. For example, here are the time limits to dispute eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

===Naming your landlord===

Name yourself as the “applicant” and your landlord(s) as the “respondent(s)”. Although tenants may sometimes only have one landlord – the owner of the rental unit – it is quite common for an owner to appoint an “agent”, such as a property management company, to act on their behalf as a secondary landlord. If this is the case, it can be wise to list both landlords on your application form.

If you are asking for money as part of your application, make sure to include the legal name and address of the owner. This will make it easier to enforce your monetary order through Small Claims Court if the owner refuses to pay. If you do not know who the owner of your rental unit is, you can complete a land title search through the Land Title Office. See TRAC’s webpage, [http://tenants.bc.ca/finding-out-who-my-landlord-is/ Finding Out Who My Landlord Is] for more information.

===Serving notice to your landlord===

Once your dispute resolution application has been accepted, the RTB will provide you with a package of hearing documents that lists the date and time of your hearing, instructions on how to prepare for your hearing, and copies of the application and submitted evidence. Hearing dates are set based on urgency, with the most serious applications receiving the highest priority, and monetary order applications receiving the lowest priority.

Once you have received your hearing documents, you have three days to serve them on the respondent(s) in one of the following ways:
# Delivering them in person to your landlord, and/or your landlord’s agent. If possible, bring a witness so you have proof that your documents were served properly.
# Sending them via registered mail. (Considering mailed documents are deemed received five days later, you are only required to mail your hearing documents within three days.) If you serve the documents via registered mail, make sure to keep the receipt and confirmation of delivery as evidence.

===Group applications===

A group of tenants facing related issues can ask the RTB to join their applications together and hold one dispute resolution hearing for everyone. If the RTB agrees to this, the lead tenant will be required to attend the hearing, while the other tenants will have the option to attend.

==Preparing for dispute resolution==

===Gathering and submitting evidence===

To be successful at dispute resolution, you will have to gather and submit enough quality evidence to convince an arbitrator to rule in your favour. Telling your side of the story is generally not enough; you should be prepared to present relevant evidence in a convincing manner.

Here are some examples of evidence that you should consider submitting:
* '''Tenancy agreement:''' Your landlord is legally required to give you a copy of your tenancy agreement within 21 days of entering into your tenancy.
* Written communication: Include written communication that strengthens your case, such as letters, forms, and notices. Relevant emails, texts, and social media messages may also be considered by arbitrators.
* '''Photos:''' Add descriptions of the photos and when they were taken. You should number and label them in a consistent fashion – for example, “Living Room Photo 1” and “Living Room Photo 2”.
* '''Audio and video recordings:''' Indicate which parts of the audio recordings and videos you would like the arbitrator to listen to and watch.
* '''Witnesses:''' Have witnesses speak at the hearing or submit signed witness statements.
* '''Affidavits:''' Submit affidavits (sworn statements) signed by you or your witnesses. A lawyer, Notary Public, or Commissioner of Oaths can assist you with this process. Affidavits may cost money but are generally considered stronger evidence than unsworn statements.
* '''Receipts:''' You will need proof of the expenses you paid when seeking a monetary order.
* '''Monetary Order Worksheet:''' If you are applying for a monetary order, you must submit the Residential Tenancy Branch form, “Monetary Order Worksheet”.

===Deadlines to submit evidence===

All evidence that you want to rely on at dispute resolution needs to be submitted to the Residential Tenancy Branch (RTB) and properly served on your landlord.

The person applying for dispute resolution – the “applicant” – should do their best to submit evidence with their application. If that is not possible, the RTB and the respondent must receive the evidence at least 14 days before the hearing. Evidence should always be submitted as soon as possible, as arbitrators have the right to refuse evidence that was intentionally submitted later than it could have been.

The person responding to the application – the “respondent” – must ensure that all their evidence is received by the RTB and the applicant at least seven days before the hearing. Again, if evidence submission is intentionally delayed, the arbitrator may decide to not consider it.

'''Late evidence:''' If you miss the deadline for submitting evidence, you can still submit your evidence late. Be prepared to have an argument ready for why the arbitrator should consider the evidence at the hearing. For example, the evidence may have only become available after the evidence deadline. If your landlord brings up evidence during a hearing that you did not receive on time, you can ask the arbitrator to not consider it, or to adjourn (reschedule) the hearing to a later date. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf section 3.17] of the Rules of Procedure for more information.

'''Service rules:''' The way that evidence is served can affect when it is legally considered received. For example:
* evidence delivered in person is considered received that same day;
* evidence left in a mailbox or mail slot is considered received three days later; and
* evidence that is mailed is considered received five days later.

===Digital Evidence===

Tenants who have filed for dispute resolution must, where possible, digitally submit evidence to the RTB through their online system. If you are not able to upload evidence in this manner, you can still submit physical copies directly to the RTB, or to any Service BC Centre across the province. Digitally submitting evidence to the RTB will make it available to the arbitrator handling your case, but the RTB will not send copies to your landlord on your behalf. This means that, when you digitally submit evidence to the RTB, you must also serve copies of that evidence to your landlord using an accepted method of service according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

When submitting digital evidence, you should ensure that your evidence is well organized. According to [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf section 3.10.1] of the Rules of Procedure, digital evidence should be accompanied by descriptions of the evidence, logical numbering systems for photographs, a time code for the key point in any audio or video recordings, etc. You must also submit RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb43.pdf “Digital Evidence Details”], available on the RTB website at gov.bc.ca/tenantlandlord. This form will help keep your evidence organized for the arbitrator, and ensure you follow the required steps for service.

When serving digital evidence on your landlord, you must ensure that they are able to access the evidence. For example, if you submit video evidence to the RTB online, and then make a DVD of that video to serve on your landlord, you must confirm with your landlord that they have playback equipment for the DVD, or can somehow access the information on the disc. When asked about whether they can access a particular format, your landlord must reply as soon as possible. If you choose to submit digital evidence, you must keep exact copies of that evidence for two years after the dispute resolution process has concluded. See sections 3.0 and 3.10 of the [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] and RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl42.pdf Policy Guideline 42] for more information.

===Bringing help===

The dispute resolution process has been designed for self-representation, which means that most tenants are able to participate in hearings on their own. That being said, if you feel that you need some assistance during your hearing, you have the right to bring a family member, friend, legal advocate, lawyer, translator, or interpreter.

==Participating in dispute resolution==

===Connecting to the conference call===

Dispute resolution hearings are almost always held over the phone. When you apply for dispute resolution, you will be given a hearing package with instructions on how to connect to the conference call. Make sure to keep these instructions in a safe place and have them ready for the start of your hearing. It is always a good idea to connect to the conference call early, so that you have time to address any potential technical issues before the hearing starts. If you are unable to connect to the conference call due to matters outside of your control, you may have to submit an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration].

===Start of the hearing===

The arbitrator will explain how the hearing will proceed and address any preliminary matters. This is the time to mention anything that needs to be dealt with before the hearing starts. For example, you may have to mention that an advocate will be representing you, a witness will be providing evidence, or that you need to amend your application.

'''Requesting an adjournment:''' You may need to request that your hearing be adjourned (rescheduled). For example, this could happen if you did not receive your landlord’s evidence in time to prepare a response. The decision to adjourn the hearing or proceed with the hearing will be up to the arbitrator handling your case.

===During the hearing===

You should be given a fair chance to argue your case, ask questions, and share evidence, including witness testimonies. Make sure to present your evidence clearly and concisely, and avoid raising issues that are irrelevant to your application. It is important to guide the arbitrator through your evidence; do not assume that they will understand everything on their own.

The applicant generally presents their evidence first, followed by the respondent. One exception to this rule is when a tenant is disputing an eviction notice. For those hearings, the respondent landlord must present their evidence first and explain why the eviction notice should be upheld. The tenant will then be given a chance to present their own evidence and defend their housing.

'''Negotiating a settlement:''' The arbitrator may suggest that you and your landlord negotiate a settlement during the hearing. Do not feel pressured to agree to a settlement unless you are completely satisfied with the terms.

'''Behaviour:''' Participating in a dispute resolution hearing can be an emotional experience, but it is important to always act in a professional manner and not interrupt anyone while they are speaking. Instead, write down your questions or concerns so that you can address them later. Speak clearly and respectfully to both the arbitrator and your landlord, and never raise your voice or use inappropriate language. Bad behaviour could hurt your credibility and, in turn, your chances of winning your hearing. If you believe it will be difficult to remain professional at your hearing, consider asking a friend, family member, or legal advocate to help you present your case.

===End of the hearing===

At the end of the hearing, the arbitrator may inform you of their decision or they may decide to take more time to review the evidence. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section77 section 77] of the ''Residential Tenancy Act'', arbitrators are required to reach a decision within 30 days. For hearings about eviction notices and other urgent matters, arbitrators will usually make their decision within a few days.

==Collecting money from your landlord==

Arbitrators have the power to issue orders that require one person to pay money to another person. A landlord could be issued a monetary order if their tenant has not paid the rent, while a tenant could be issued a monetary order if their landlord has broken the law.

Residential Tenancy Branch (RTB) monetary orders are legally-binding, which means the person who is required to pay must follow through with the payment. If you have obtained a monetary order that your landlord refuses to pay, you will have to enforce that order in Small Claims Court, since the RTB cannot enforce their own orders. A Small Claims Court judge could help you get paid by garnishing your landlord’s wages or placing a lien on their property. Visit TRAC’s webpage, [http://tenants.bc.ca/enforcing-a-monetary-order/ Enforcing a Monetary Order] for more information.

==Reviewing a dispute resolution hearing decision==

===Residential Tenancy Branch Correction and Clarification===

If a decision is unclear or contains a mistake, you can submit a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb6.pdf “Request for Correction”] or [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb38.pdf “Request for Clarification”] form to the Residential Tenancy Branch (RTB), free of charge. You will most likely not have to notify your landlord of this application, unless an arbitrator instructs you to do so.

For some types of issues, such as the following, there is a 15-day deadline to apply from the date you receive the decision:
* the decision is too complex or ambiguous and needs to be clarified;
* the decision contains an obvious error; or
* something was accidentally left out of the decision.

For other types of issues, such as the following, the 15-day deadline may not apply:
* the decision has a typo;
* order has grammatical errors; or
* the decision has a math error.

It can sometimes be challenging determining when the 15-day deadline applies. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl25.pdf Policy Guideline 25] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section78 section 78] of the ''Residential Tenancy Act (RTA)'' for more information.

===Residential Tenancy Branch Review Consideration===

You can ask the Residential Tenancy Branch (RTB) to review a decision that you have lost. This is not a chance to simply re-argue your case, as reviews are only granted in limited circumstances. [i Section 79(2)] of the ''RTA'' lists three situations where the RTB may accept an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration]:
# a party was unable to attend any part of a hearing for reasons unanticipated and beyond their control (e.g. phone disconnection issues);
# a party has new and relevant evidence that was not available at the time of the original hearing;
# a party has evidence that the the decision or order was obtained by fraud;
# a party, due to circumstances that could not be anticipated and were beyond their control, submitted material evidence after the deadline, but before the original hearing, and that evidence was not before the arbitrator at the original hearing (e.g. hospitalization);
# there was an administrative, procedural, or technical error that materially affected the result of the original hearing (e.g. documents uploaded to the wrong file);
# the arbitrator did not determine an issue that they were required to determine; and
# the arbitrator determined an issue that they did not have jurisdiction to determine.

'''Fee:''' There is a $50 fee to apply for a Review Consideration, unless you had your application fee waived for the original hearing.

'''Deadlines:''' There are different application deadlines, depending on the nature of the dispute. For the following types of decisions, there is a two-day deadline from the time you receive the decision:
* unreasonable withholding of consent to assign or sublet;
* eviction for non-payment of rent;
* order of possession for the tenant or the landlord; and
* application to end a tenancy early.

For the following types of decisions, there is a five-day deadline from the time you receive the decision:
* repairs or maintenance;
* services or facilities; and
* any eviction notice other than one for non-payment of rent.

For all other types of decisions, there is a 15-day deadline from the time you receive the decision. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section80 section 80] of the ''RTA'' for more information.

===BC Supreme Court judicial review===

If your RTB hearing or decision was unfair, but your situation does not fit the eligibility criteria for a RTB Review Consideration, you can apply for a judicial review through BC Supreme Court.

The RTB is considered an expert tribunal on matters of residential tenancy law. This means that the standard of review for RTB decisions is quite high; a BC Supreme Court judge can only set aside a RTB decision if they find it to be procedurally unfair, patently unreasonable, or blatantly incorrect.

When you participate in a RTB dispute resolution hearing, you have the right to natural justice – also known as procedural fairness. This means that the arbitrator must allow you a fair opportunity to know the case against you, present evidence, and argue your side of the story. In addition, [http://www.bclaws.ca/civix/document/id/complete/statreg/04045_01#section58 section 58] of the ''Administrative Tribunals Act'' defines a decision as being “patently unreasonable” if it:
* is exercised arbitrarily or in bad faith;
* is exercised for an improper purpose;
* is based entirely or predominantly on irrelevant factors; or
* fails to take statutory requirements into account.

If a BC Supreme Court judge finds a decision to be procedurally unfair, patently unreasonable, or blatantly incorrect, they will usually order a new dispute resolution hearing at the RTB, rather than reach a new decision on their own. This means that even if you are successful in your judicial review application, there is no guarantee you will win your new hearing at the RTB.

'''Fee:''' $200

'''Deadline:''' 60 days from the date the RTB decision was made.

'''Key referral:''' The [http://www.clasbc.net/ Community Legal Assistance Society (CLAS)] is an expert organization on the topic of judicial review. If you are a tenant whose housing is at risk because you lost your dispute resolution hearing, CLAS may be able to provide free assistance with a judicial review application. They also offer an online [https://judicialreviewbc.ca/ Judicial Review Self-Help Guide].

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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Dispute Resolution for Tenants

2023-11-02T22:05:52Z

Andrew Sakamoto: /* Residential Tenancy Branch Review Consideration */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' seek help when going through the dispute resolution process. Ask a friend, family member, or legal advocate for assistance with gathering evidence, submitting your application, serving documents, and participating in the hearing.

'''DO NOT:''' forget the timelines for disputing eviction notices: 5 days for a 10 Day Notice, 10 days for a One Month Notice, 15 days for a Two Month Notice, and 30 days for a Four Month Notice.

==The basics==

The Residential Tenancy Branch (RTB) offers a service called dispute resolution, which is essentially BC’s tenant-landlord “court”. When facing a legal problem with your landlord, you do not have to hire an expensive lawyer and go to Small Claims Court or BC Supreme Court. Instead, you can request that a RTB arbitrator look at your case and make a legally-binding decision. Almost all legal disputes between tenants and landlords must be resolved through the RTB dispute resolution system.

[[File:Dispute resolution for tenants.png | right | frame | link= ]]

===Types of orders===

Arbitrators have the power to settle legal disputes on a range of topics. An arbitrator can:
* order your landlord to follow the law;
* order your landlord to pay you money;
* order your landlord to repair your rental unit;
* prevent your landlord from entering your rental unit;
* give you permission to change your locks;
* give you permission to withhold money from future rent payments; and
* cancel an eviction notice that your landlord has given you.

===Rules of Procedure and Policy Guidelines===

For more detailed information on dispute resolution, you can review the RTB’s Dispute Resolution [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] – a comprehensive resource that covers topics such as filing an application, making a cross-application, exchanging evidence, amending an application, adjourning a hearing, etc.

When preparing for a dispute resolution hearing, you should also see if there are any RTB [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/policy-guidelines Policy Guidelines] related to your dispute. These resources go into greater detail on certain topics compared to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'', and are often referred to by arbitrators when making decisions.

==Resolving disputes without dispute resolution==

Dispute resolution should often be viewed as a last resort, as it can be time-consuming, costly, and unpredictable. When faced with less urgent issues such as minor repairs or noisy neighbours, first notify your landlord in writing and give them a reasonable chance to fix the problem before applying for dispute resolution. Of course, when dealing with more urgent issues, such as an eviction notice or emergency repair, consider applying for dispute resolution right away.

===Tips when talking to your landlord===

Talking to your landlord can be challenging, especially when you disagree on an issue. Here are a few tips to keep in mind:
* '''Prepare ahead of time:''' It can be helpful to summarize your main points in advance, or have a practice conversation with a friend or family member.
* '''Consider your timing:''' Try to have the conversation when you are calm and composed, rather than upset and emotional.
* '''Stay on topic:''' Raising irrelevant issues can derail the conversation and make it harder to address your main concerns. If your landlord is getting off topic, acknowledge that you have heard what they said, but then refocus them on the original conversation.
* '''Consider your landlord’s perspective:''' An effective communicator can be respectful of the other person’s perspective, while also clearly and calmly stating their own.
* '''Be professional:''' It is in your best interest to be professional when dealing with your landlord, regardless of how they have treated you in the past. Stay focused on getting the best possible outcome rather than engaging in personal attacks and aggressive comments.

===Tips when writing a letter to your landlord===

You may struggle to find the right words when writing your landlord. To help with this, TRAC has developed a series of [http://tenants.bc.ca/template-letters/ template letters] on topics such as bed bugs, deposits, illegal rent increases, etc. Download one of our letters as a starting point. From there, you can add your own details, the date, and your signature before sending the letter.

Here are some tips to consider when writing your letter:
* '''Keep it short and sweet:''' Stick to your main points and avoid overwhelming your landlord with irrelevant details.
* '''Organization is key:''' Structure your letter in a way that makes it easy to read. If you are dealing with multiple issues, you may want to number them and address them one by one.
* '''Think twice:''' Before sending your letter, review it, or have someone else review it. You may even want to wait a night to see if you would change anything the next day.
*''' Consider your tone:''' Do not simply send a letter to complain to your landlord. You want your letter to be professional so that it helps you achieve a successful outcome. For example, do not write in CAPITAL LETTERS, since that means that you are SHOUTING!
* '''Be respectful:''' Remember that your landlord may keep a copy of your written communication for their record. Avoid writing anything that an arbitrator would find disrespectful.

===Residential Tenancy Branch early intervention===

You can contact the Residential Tenancy Branch and request that an Information Officer call your landlord and explain the law. Some landlords will be more likely to behave once a government employee has outlined the potential consequences for their illegal behaviour.

==Applying for dispute resolution==

===How to apply===

You can submit hardcopy applications at any Residential Tenancy Branch (RTB) office or [http://servicebc.gov.bc.ca/locations Service BC Centre]. The RTB has also recently improved their [http://gov.bc.ca/landlordtenant online application] process. Compared to the hardcopy application process, the online system offers several benefits, including:
* the ability to upload evidence online;
* the ability to apply for fee waiver applications online;
* helpful email reminders and notifications;
* an intuitive design with step-by-step instructions;
* the ability to resume incomplete applications; and
* mobile-friendly functionality.

===Fee===

It costs $100 to apply for dispute resolution. However, if you win your hearing, the arbitrator can order your landlord to repay you the fee – as long as you have made that request as part of your application. Alternatively, if you have a low income, you can apply for a [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online/fees-and-fee-waivers#Waiver fee waiver application] that cancels the fee entirely. To be successful, you may need to provide evidence of your income, such as an income assistance statement, employment insurance benefits statement, recent paystub from an employer, and/or recent bank statements.

===Time limits===

There are varying deadlines for dispute resolution applications, depending on the nature of the dispute. For example, here are the time limits to dispute eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

===Naming your landlord===

Name yourself as the “applicant” and your landlord(s) as the “respondent(s)”. Although tenants may sometimes only have one landlord – the owner of the rental unit – it is quite common for an owner to appoint an “agent”, such as a property management company, to act on their behalf as a secondary landlord. If this is the case, it can be wise to list both landlords on your application form.

If you are asking for money as part of your application, make sure to include the legal name and address of the owner. This will make it easier to enforce your monetary order through Small Claims Court if the owner refuses to pay. If you do not know who the owner of your rental unit is, you can complete a land title search through the Land Title Office. See TRAC’s webpage, [http://tenants.bc.ca/finding-out-who-my-landlord-is/ Finding Out Who My Landlord Is] for more information.

===Serving notice to your landlord===

Once your dispute resolution application has been accepted, the RTB will provide you with a package of hearing documents that lists the date and time of your hearing, instructions on how to prepare for your hearing, and copies of the application and submitted evidence. Hearing dates are set based on urgency, with the most serious applications receiving the highest priority, and monetary order applications receiving the lowest priority.

Once you have received your hearing documents, you have three days to serve them on the respondent(s) in one of the following ways:
# Delivering them in person to your landlord, and/or your landlord’s agent. If possible, bring a witness so you have proof that your documents were served properly.
# Sending them via registered mail. (Considering mailed documents are deemed received five days later, you are only required to mail your hearing documents within three days.) If you serve the documents via registered mail, make sure to keep the receipt and confirmation of delivery as evidence.

===Group applications===

A group of tenants facing related issues can ask the RTB to join their applications together and hold one dispute resolution hearing for everyone. If the RTB agrees to this, the lead tenant will be required to attend the hearing, while the other tenants will have the option to attend.

==Preparing for dispute resolution==

===Gathering and submitting evidence===

To be successful at dispute resolution, you will have to gather and submit enough quality evidence to convince an arbitrator to rule in your favour. Telling your side of the story is generally not enough; you should be prepared to present relevant evidence in a convincing manner.

Here are some examples of evidence that you should consider submitting:
* '''Tenancy agreement:''' Your landlord is legally required to give you a copy of your tenancy agreement within 21 days of entering into your tenancy.
* Written communication: Include written communication that strengthens your case, such as letters, forms, and notices. Relevant emails, texts, and social media messages may also be considered by arbitrators.
* '''Photos:''' Add descriptions of the photos and when they were taken. You should number and label them in a consistent fashion – for example, “Living Room Photo 1” and “Living Room Photo 2”.
* '''Audio and video recordings:''' Indicate which parts of the audio recordings and videos you would like the arbitrator to listen to and watch.
* '''Witnesses:''' Have witnesses speak at the hearing or submit signed witness statements.
* '''Affidavits:''' Submit affidavits (sworn statements) signed by you or your witnesses. A lawyer, Notary Public, or Commissioner of Oaths can assist you with this process. Affidavits may cost money but are generally considered stronger evidence than unsworn statements.
* '''Receipts:''' You will need proof of the expenses you paid when seeking a monetary order.
* '''Monetary Order Worksheet:''' If you are applying for a monetary order, you must submit the Residential Tenancy Branch form, “Monetary Order Worksheet”.

===Deadlines to submit evidence===

All evidence that you want to rely on at dispute resolution needs to be submitted to the Residential Tenancy Branch (RTB) and properly served on your landlord.

The person applying for dispute resolution – the “applicant” – should do their best to submit evidence with their application. If that is not possible, the RTB and the respondent must receive the evidence at least 14 days before the hearing. Evidence should always be submitted as soon as possible, as arbitrators have the right to refuse evidence that was intentionally submitted later than it could have been.

The person responding to the application – the “respondent” – must ensure that all their evidence is received by the RTB and the applicant at least seven days before the hearing. Again, if evidence submission is intentionally delayed, the arbitrator may decide to not consider it.

'''Late evidence:''' If you miss the deadline for submitting evidence, you can still submit your evidence late. Be prepared to have an argument ready for why the arbitrator should consider the evidence at the hearing. For example, the evidence may have only become available after the evidence deadline. If your landlord brings up evidence during a hearing that you did not receive on time, you can ask the arbitrator to not consider it, or to adjourn (reschedule) the hearing to a later date. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf section 3.17] of the Rules of Procedure for more information.

'''Service rules:''' The way that evidence is served can affect when it is legally considered received. For example:
* evidence delivered in person is considered received that same day;
* evidence left in a mailbox or mail slot is considered received three days later; and
* evidence that is mailed is considered received five days later.

===Digital Evidence===

Tenants who have filed for dispute resolution must, where possible, digitally submit evidence to the RTB through their online system. If you are not able to upload evidence in this manner, you can still submit physical copies directly to the RTB, or to any Service BC Centre across the province. Digitally submitting evidence to the RTB will make it available to the arbitrator handling your case, but the RTB will not send copies to your landlord on your behalf. This means that, when you digitally submit evidence to the RTB, you must also serve copies of that evidence to your landlord using an accepted method of service according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

When submitting digital evidence, you should ensure that your evidence is well organized. According to [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf section 3.10.1] of the Rules of Procedure, digital evidence should be accompanied by descriptions of the evidence, logical numbering systems for photographs, a time code for the key point in any audio or video recordings, etc. You must also submit RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb43.pdf “Digital Evidence Details”], available on the RTB website at gov.bc.ca/tenantlandlord. This form will help keep your evidence organized for the arbitrator, and ensure you follow the required steps for service.

When serving digital evidence on your landlord, you must ensure that they are able to access the evidence. For example, if you submit video evidence to the RTB online, and then make a DVD of that video to serve on your landlord, you must confirm with your landlord that they have playback equipment for the DVD, or can somehow access the information on the disc. When asked about whether they can access a particular format, your landlord must reply as soon as possible. If you choose to submit digital evidence, you must keep exact copies of that evidence for two years after the dispute resolution process has concluded. See sections 3.0 and 3.10 of the [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] and RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl42.pdf Policy Guideline 42] for more information.

===Bringing help===

The dispute resolution process has been designed for self-representation, which means that most tenants are able to participate in hearings on their own. That being said, if you feel that you need some assistance during your hearing, you have the right to bring a family member, friend, legal advocate, lawyer, translator, or interpreter.

==Participating in dispute resolution==

===Connecting to the conference call===

Dispute resolution hearings are almost always held over the phone. When you apply for dispute resolution, you will be given a hearing package with instructions on how to connect to the conference call. Make sure to keep these instructions in a safe place and have them ready for the start of your hearing. It is always a good idea to connect to the conference call early, so that you have time to address any potential technical issues before the hearing starts. If you are unable to connect to the conference call due to matters outside of your control, you may have to submit an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration].

===Start of the hearing===

The arbitrator will explain how the hearing will proceed and address any preliminary matters. This is the time to mention anything that needs to be dealt with before the hearing starts. For example, you may have to mention that an advocate will be representing you, a witness will be providing evidence, or that you need to amend your application.

'''Requesting an adjournment:''' You may need to request that your hearing be adjourned (rescheduled). For example, this could happen if you did not receive your landlord’s evidence in time to prepare a response. The decision to adjourn the hearing or proceed with the hearing will be up to the arbitrator handling your case.

===During the hearing===

You should be given a fair chance to argue your case, ask questions, and share evidence, including witness testimonies. Make sure to present your evidence clearly and concisely, and avoid raising issues that are irrelevant to your application. It is important to guide the arbitrator through your evidence; do not assume that they will understand everything on their own.

The applicant generally presents their evidence first, followed by the respondent. One exception to this rule is when a tenant is disputing an eviction notice. For those hearings, the respondent landlord must present their evidence first and explain why the eviction notice should be upheld. The tenant will then be given a chance to present their own evidence and defend their housing.

'''Negotiating a settlement:''' The arbitrator may suggest that you and your landlord negotiate a settlement during the hearing. Do not feel pressured to agree to a settlement unless you are completely satisfied with the terms.

'''Behaviour:''' Participating in a dispute resolution hearing can be an emotional experience, but it is important to always act in a professional manner and not interrupt anyone while they are speaking. Instead, write down your questions or concerns so that you can address them later. Speak clearly and respectfully to both the arbitrator and your landlord, and never raise your voice or use inappropriate language. Bad behaviour could hurt your credibility and, in turn, your chances of winning your hearing. If you believe it will be difficult to remain professional at your hearing, consider asking a friend, family member, or legal advocate to help you present your case.

===End of the hearing===

At the end of the hearing, the arbitrator may inform you of their decision or they may decide to take more time to review the evidence. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section77 section 77] of the ''Residential Tenancy Act'', arbitrators are required to reach a decision within 30 days. For hearings about eviction notices and other urgent matters, arbitrators will usually make their decision within a few days.

==Collecting money from your landlord==

Arbitrators have the power to issue orders that require one person to pay money to another person. A landlord could be issued a monetary order if their tenant has not paid the rent, while a tenant could be issued a monetary order if their landlord has broken the law.

Residential Tenancy Branch (RTB) monetary orders are legally-binding, which means the person who is required to pay must follow through with the payment. If you have obtained a monetary order that your landlord refuses to pay, you will have to enforce that order in Small Claims Court, since the RTB cannot enforce their own orders. A Small Claims Court judge could help you get paid by garnishing your landlord’s wages or placing a lien on their property. Visit TRAC’s webpage, [http://tenants.bc.ca/enforcing-a-monetary-order/ Enforcing a Monetary Order] for more information.

==Reviewing a dispute resolution hearing decision==

===Residential Tenancy Branch Correction and Clarification===

If a decision is unclear or contains a mistake, you can submit a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb6.pdf “Request for Correction”] or [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb38.pdf “Request for Clarification”] form to the Residential Tenancy Branch (RTB), free of charge. You will most likely not have to notify your landlord of this application, unless an arbitrator instructs you to do so.

For some types of issues, such as the following, there is a 15-day deadline to apply from the date you receive the decision:
* the decision is too complex or ambiguous and needs to be clarified;
* the decision contains an obvious error; or
* something was accidentally left out of the decision.

For other types of issues, such as the following, the 15-day deadline may not apply:
* the decision has a typo;
* order has grammatical errors; or
* the decision has a math error.

It can sometimes be challenging determining when the 15-day deadline applies. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl25.pdf Policy Guideline 25] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section78 section 78] of the ''Residential Tenancy Act (RTA)'' for more information.

===Residential Tenancy Branch Review Consideration===

You can ask the Residential Tenancy Branch (RTB) to review a decision that you have lost. This is not a chance to simply re-argue your case, as reviews are only granted in limited circumstances. [i Section 79(2)] of the ''RTA'' lists three situations where the RTB may accept an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration]:
# a party was unable to attend any part of a hearing for reasons unanticipated and beyond their control (e.g. phone disconnection issues);
# a party has new and relevant evidence that was not available at the time of the original hearing;
# a party has evidence that the the decision or order was obtained by fraud;
# a party, because of circumstances that could not be anticipated and were beyond the party’s control, submitted material evidence late, but before the original hearing, and that evidence was not before the arbitrator at the original hearing (e.g. hospitalization);
# there was an administrative, procedural, or technical error that materially affected the result of the original hearing (e.g. documents uploaded to the wrong file);
# the arbitrator did not determine an issue that they were required to determine; and
# the arbitrator determined an issue that they did not have jurisdiction to determine.

'''Fee:''' There is a $50 fee to apply for a Review Consideration, unless you had your application fee waived for the original hearing.

'''Deadlines:''' There are different application deadlines, depending on the nature of the dispute. For the following types of decisions, there is a two-day deadline from the time you receive the decision:
* unreasonable withholding of consent to assign or sublet;
* eviction for non-payment of rent;
* order of possession for the tenant or the landlord; and
* application to end a tenancy early.

For the following types of decisions, there is a five-day deadline from the time you receive the decision:
* repairs or maintenance;
* services or facilities; and
* any eviction notice other than one for non-payment of rent.

For all other types of decisions, there is a 15-day deadline from the time you receive the decision. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section80 section 80] of the ''RTA'' for more information.

===BC Supreme Court judicial review===

If your RTB hearing or decision was unfair, but your situation does not fit the eligibility criteria for a RTB Review Consideration, you can apply for a judicial review through BC Supreme Court.

The RTB is considered an expert tribunal on matters of residential tenancy law. This means that the standard of review for RTB decisions is quite high; a BC Supreme Court judge can only set aside a RTB decision if they find it to be procedurally unfair, patently unreasonable, or blatantly incorrect.

When you participate in a RTB dispute resolution hearing, you have the right to natural justice – also known as procedural fairness. This means that the arbitrator must allow you a fair opportunity to know the case against you, present evidence, and argue your side of the story. In addition, [http://www.bclaws.ca/civix/document/id/complete/statreg/04045_01#section58 section 58] of the ''Administrative Tribunals Act'' defines a decision as being “patently unreasonable” if it:
* is exercised arbitrarily or in bad faith;
* is exercised for an improper purpose;
* is based entirely or predominantly on irrelevant factors; or
* fails to take statutory requirements into account.

If a BC Supreme Court judge finds a decision to be procedurally unfair, patently unreasonable, or blatantly incorrect, they will usually order a new dispute resolution hearing at the RTB, rather than reach a new decision on their own. This means that even if you are successful in your judicial review application, there is no guarantee you will win your new hearing at the RTB.

'''Fee:''' $200

'''Deadline:''' 60 days from the date the RTB decision was made.

'''Key referral:''' The [http://www.clasbc.net/ Community Legal Assistance Society (CLAS)] is an expert organization on the topic of judicial review. If you are a tenant whose housing is at risk because you lost your dispute resolution hearing, CLAS may be able to provide free assistance with a judicial review application. They also offer an online [https://judicialreviewbc.ca/ Judicial Review Self-Help Guide].

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[[Category:Tenant Survival Guide]]

Finding Rental Housing

2023-02-16T18:16:34Z

Andrew Sakamoto: /* Discrimination */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' trust your instincts. If a potential landlord asks for illegal personal information, think twice about filling out an application.

'''DO NOT:''' sign a tenancy agreement that you do not understand or have not fully read.

==Budgeting for rental housing==

When searching for rental housing, it is important to calculate how much money you can afford to pay each month. Your basic rent is an obvious expense, but there are still other monthly and one-time expenses to consider.

[[File:tenant laundry.png | left | frame | link= ]]

===Monthly expenses===

Here are some examples of monthly expenses that may or may not be included as part of your rent:
* utilities, such as electricity, heating, and hot water;
* TV, internet, and phone services;
* coin-operated laundry;
* transit pass;
* parking fee or permit; and
* tenant insurance.

===One-time expenses===

Here are some examples of one-time expenses that you may need to pay at the start of your tenancy:
* security deposit;
* pet damage deposit;
* deposits to utility companies;
* installation / activation fees to utility companies;
* deposits to telecommunication companies;
* installation / activation fees to telecommunication companies;
* moving truck;
* boxes and supplies to pack your belongings;
* new appliances, such as a microwave, barbeque, and TV; and
* new furniture, such as a bed, couch, and dresser.

==Identifying rental needs and preferences==

Deciding where to apply for rental housing can be overwhelming. To help focus your search, think about your rental needs and preferences. Consider ranking the following factors:
* distance to work, school, shopping, and friends;
* access to public transit;
* size of the unit;
* type of property;
* type of neighbourhood;
* nearby amenities;
* smoking / non-smoking rules;
* pet policies;
* roommate restrictions;
* accessibility requirements; and
* safety concerns.

==Searching for rental housing==

Search popular rental websites such as [https://vancouver.craigslist.ca/ Craigslist], [https://www.kijiji.ca/ Kijiji], and [https://www.padmapper.com/ Padmapper], but also expand your search beyond the internet. Not all landlords know how to advertise their rental units online, so look out for bulletin board postings at coffee shops, “vacancy” signs outside buildings, and listings in your local newspaper. It can also be wise to get the word out within your network of family, friends, coworkers, teams, and clubs. Even strangers or acquaintances may have a lead on your future home, so consider mentioning your housing search when buying groceries, getting a haircut, or settling your bill at a restaurant.

===Application fees===

In BC’s competitive rental housing market, some landlords try asking for illegal application fees. According to section 15 of the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'', landlords cannot charge a fee for:
* accepting an application;
* processing an application;
* investigating an applicant’s suitability as a tenant; or
* accepting a person as a tenant.

This practice is illegal even if a landlord ends up returning the fee to rejected applicants, or applying the fee to the security deposit of successful applicants.

===Rental scams===

Craigslist, Kijiji, and PadMapper have a lot of legitimate rental listings, but you need to be careful of scams. Never send money to someone you have yet to meet, and never pay a deposit before you have viewed the rental unit. If you are suspicious of a potential landlord, trust your instincts.

To avoid rental scams, ask yourself the following questions:
* Is the rent suspiciously low? How much do similar rental units in the neighbourhood cost?
* Are you being asked to mail your deposit in cash, or send it electronically?
* Is the person you are contacting not willing to arrange an in-person viewing?
* Does the person you are contacting seem too eager? Most landlords will ask for references and/or a credit check before committing to a tenant.
* What do the neighbours say? Depending on the type of housing, you may be able to ask people living nearby about the owner and property.

'''Newcomers to BC:''' If you are moving to BC and want to have a home lined up for when you arrive, ask someone you trust to view rental units and meet with potential landlords before accepting any offers. Alternatively, consider staying in a hotel or hostel until you have personally taken the time to find a new home.

==Viewing a rental unit==

Finding a rental unit in BC can be challenging, as you will most likely be competing against several other applicants for the same housing. When attending a viewing, do your best to stand out from the crowd by making a good first impression, coming prepared with relevant documents, and asking the right questions.

===How to make a good first impression===

Here are a few tips to consider when viewing a rental unit:
* arrive on time;
* dress business-casual;
* avoid clothing with tears and controversial slogans or logos;
* minimize strong smells of perfume or cologne;
* do not smoke or drink alcohol before the viewing;
* introduce yourself and shake the landlord’s hand;
* take your shoes off when touring the property (and remember to wear socks);
* strike up a conversation and try to find some common interests; and
* thank the landlord for showing you their rental unit and answering your questions.

===What to bring===

Consider bringing the following to a viewing:
* cover letter;
* references;
* credit check;
* pet resume;
* ''[https://www.rentingitright.ca/ Renting It Right]'' certificate;
* tape measure and furniture dimensions; and
* friend or family member.

===What to ask===

Consider asking the following questions during a viewing:
* Does the rental unit follow local bylaws? For example, is the rental unit an illegal suite?
* Does the place include appliances and amenities, or has it been “staged” for the viewing?
* Are the neighbours generally quiet and respectful?
* Is the building soundproofed, or is it common to hear noise from other units?
* Has there been a history of bed bugs, other infestations, or illegal activity?
* Is there public transit nearby?
* What are the rules about smoking, pets, roommates, and accessibility?
* Is there laundry available in-suite, or at least somewhere on the property?
* Are there designated parking spots for tenants, or is there only street parking?
* Is storage room available on the property?
* Are there any fees for parking, storage, or laundry?
* Is the heat for the unit controlled from within the unit or from within a different unit?

==Personal information==

Landlords in BC must follow the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/03063_01 Personal Information and Protection Act]'', which outlines the rules for collecting, using, storing, disclosing, and protecting a tenant’s personal information. The [https://oipc.bc.ca Office of the Information and Privacy Commissioner for BC] (OIPC) has developed a helpful [https://www.oipc.bc.ca/guidance-documents/2332 guidance document] that explains these rules in plain language. This ''Tenant Survival Guide'' covers only the basics of personal information, so contact the OIPC or view their guidance document at for more information.

===Information landlords can ''always'' ask===

According to the OIPC, landlords can '''always''' ask for the following information:
* name and proof of identity;
* contact information;
* name of current and previous landlords;
* eviction history;
* addresses of previous residences and how long you lived there;
* reason(s) for leaving previous residences;
* pet information;
* expected length of tenancy;
* consent for a criminal record check; and
* number of occupants.

===Information landlords can ''sometimes'' ask===

According to the OIPC, landlords can '''sometimes''' ask for the following information:
* birth date;
* age of unit occupants;
* social insurance number (SIN);
* non-landlord (personal) references;
* amount of current or previous rent;
* current employment and salary information;
* consent for a credit check;
* bank statements; and
* federal tax assessments.

Whether or not a landlord can ask for this information will depend on the situation. For example, a landlord may be allowed to ask you for pay stubs, bank statements, income tax assessments or consent for a credit check, but only if you are unable to provide satisfactory references or employment and income verification.

'''Social Insurance Number (SIN):''' If a landlord has grounds to ask for a credit check, they will probably ask for your birth date and SIN. To avoid having to provide your SIN, consider obtaining a free credit check on yourself and distributing copies to potential landlords. Contact [https://consumer.equifax.ca Equifax] or [https://transunion.ca TransUnion] for more information.

===Information landlords can (almost) ''never'' ask===

According to the OIPC, landlords can almost '''never''' ask for the following information:
* consent to collect personal information “from other sources”;
* proof of insurance;
* driver’s licence number;
* whether any intended occupants smoke;
* vehicle information;
* banking history;
* marital status;
* credit card number; and
* emergency contact info.

==Discrimination==

According to [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01#section10 section 10] of the ''BC Human Rights Code'', a landlord may not refuse to rent to you because of your:
* Indigenous identity;
* race;
* colour;
* ancestry;
* place of origin;
* religion;
* marital status;
* family status;
* physical or mental disability;
* sex;
* sexual orientation;
* age (if 19 or older); or
* lawful source of income.

If you think you may have been discriminated against, contact the [https://bchrc.netBC Human Rights Clinic] at 1-855-685-6222.

===A closer look===

'''Family status:''' Landlords can restrict the number of occupants in your rental unit, but they are not allowed to refuse to rent to you because you have children. If you are searching for housing with a boyfriend or girlfriend, a landlord cannot refuse to rent to you because you are unmarried.

'''Lawful source of income:''' Landlords are not allowed to discriminate based on your source of income, as long as it is legal. For example, you cannot be refused a tenancy because you receive income from welfare, disability benefits, or student loans.

'''Age:''' [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section3 Section 3] of the ''Residential Tenancy Act (RTA)'' allows landlords to rent to minors (under age 19). If you are a minor who has entered into a tenancy agreement with a landlord, you have all the same rights and responsibilities as any other tenant protected by the ''RTA''. However, if you are under age 19, landlords are allowed to lawfully discriminate and not rent to you because of your age.

===Exceptions===

There are a few exceptions to the protected grounds listed in [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01#section10 section 10] of the ''BC Human Rights Code''. The laws about discrimination may not apply if:
* the applicant will be sharing sleeping, bathroom, or cooking facilities with another person;
* the building is designated for adults age 55 and older; or
* the unit has the required permits to be designated for people with disabilities.

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
|author =
}}

__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Rent

2022-01-12T19:26:23Z

Andrew Sakamoto: /* Problems paying rent */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' pay your full rent on time. Failing to do so could result in a 10 Day Eviction Notice for Non-Payment of Rent.

'''DO NOT:''' stop paying rent unless the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'' allows you to do so. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch.

==Paying rent==

===When rent is due===

[[File:Rent increase notice.png | right | frame | link= ]]

Your full rent must be paid on or before the date it is due – usually the 1st of the month. If you are late by one day, or short by a few dollars, your landlord can give you a 10 Day Eviction Notice for Non-Payment of Rent in accordance with [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)''. Once you have received this type of notice, you only have five days to pay the missing rent in order to cancel the eviction.

Paying rent on time is one of your most important legal responsibilities, and you cannot rely on the five-day grace period for late rent each month. If you repeatedly pay your rent late – at least three times within an unreasonably short period – your landlord can give you a One Month Eviction Notice for Cause. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''RTA'' and [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.

===How rent is paid===

Tenants and landlords usually arrange for rent to be paid by cash, cheque, e-transfer, or direct deposit. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section26 section 26(2)] of the ''RTA'', landlords are legally required to provide receipts for rent paid in cash. If you suspect that your landlord will not provide you with a receipt, consider bringing a witness and your own rent receipt for them to sign.

===Legally withholding rent===

When disputes arise with your landlord, it may be tempting to retaliate by withholding rent. Unfortunately, this is illegal in most cases. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch (RTB).

There are only five sections in the ''Residential Tenancy Act (RTA)'' that allow you to legally withhold rent without your landlord’s consent:
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section19 section 19] of the ''RTA'' – you overpaid your security deposit or pet damage deposit;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''RTA'' – you paid for emergency repairs after carefully following the proper steps;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section43 section 43] of the ''RTA'' – you overpaid rent because of an illegal rent increase;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51 section 51] of the ''RTA'' – you received a Two Month or Four Month Eviction Notice for Landlord’s Use of Property, which entitles you to one month rent as compensation, and you are applying that compensation towards the last month of your tenancy; and
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section65 section 65] of the ''RTA'' – you have an order from the RTB.

===Problems paying rent===

If you know that you will be unable to pay your full rent on time, communicate with your landlord as soon as possible. Your landlord may allow you to pay your rent late – especially if you have always paid rent on time in the past. Make sure to get your landlord’s permission in writing if they do agree to give you an extension. You can also try requesting a short-term loan from a friend, family member, or one of [https://bcrentbank.ca/apply/ BC’s Rent Banks]. If that is not possible, you may have to prioritize your rent over other expenses.

'''Crisis supplement:''' If you receive income assistance and face an unexpected emergency, you might qualify for a crisis supplement through the provincial government.

==Rent increases==

===Notice of rent increase===

At the start of your tenancy, rent is set at whatever amount you and your landlord agree to as part of your agreement. From that point on, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section22 section 22] of the ''Residential Tenancy Regulation (RTR)'', your landlord can only raise your rent once every 12 months by a percentage equal to inflation. The allowable rent increase percentage changes each year, so check the Residential Tenancy Branch [https://gov.bc.ca/landlordtenant website] or TRAC [http://tenants.bc.ca/ website] to find out how much landlords can raise rent this year.

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section42 Section 42] of the ''Residential Tenancy Act (RTA)'' says that landlords must provide an approved [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb7.pdf “Notice of Rent Increase” form] three full months before a rent increase takes effect. For example, if you receive proper notice on April 5th, the three full months that count towards the notice period are May, June, and July, which means the rent increase would take effect on August 1st (assuming you pay rent on the first of the month). If your landlord does not raise your rent during a 12-month period, or raises it by less than the allowable percentage, they are not allowed to top-up a future rent increase to make up the difference.

===Wrong notice period===

If your landlord uses the proper [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb7.pdf “Notice of Rent Increase”] form but gives you less than three full months’ notice, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section42 section 42(4)] of the ''RTA'' says that you can continue to pay your current rent until the correct amount of time has passed. For example, if you normally pay rent on the first of the month and your landlord gives you a Notice of Rent Increase on March 1st (or anytime later that month), you will not have to start paying the increase until July 1st. Although this may seem like four months, the ''RTA'' counts it as three. By serving the notice on March 1st, your landlord has excluded March from the three-month notice period. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not try to end your tenancy for unpaid rent.

===Overpaying a rent increase===

If you have overpaid on rent because your landlord gave you an illegal rent increase, you have two options:
# deduct the overpayment from your next month’s rent; or
# apply for a monetary order through dispute resolution.

If you choose the first option, make sure to clearly explain to your landlord that you have the right to withhold rent according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section43 section 43] of the ''RTA''.

==Exceptions to rent increase rules==

===Additional occupants added===

If you wish to move someone in to your rental unit, you should first check your tenancy agreement. Your landlord may be allowed to raise your rent for additional occupants, but only if your agreement specifies by how much. If your tenancy agreement does not include such a term, your landlord cannot legally raise your rent when an additional occupant moves in. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section13 section 13] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section40 section 40] of the ''Residential Tenancy Act (RTA)'' for more information.

===Residential Tenancy Branch permission===

Your landlord can apply to the Residential Tenancy Branch (RTB) for an additional rent increase above the allowable annual percentage. Arbitrators will only allow these additional rent increases in exceptional circumstances, listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section23 section 23] of the ''Residential Tenancy Regulation (RTR)''.

The application fee for landlords is $300, plus $10 for each rental unit, to a maximum of $600. If your landlord applies for an additional rent increase, you will be served with a package of hearing documents, including the evidence they have submitted. As the respondent, you will have a chance to speak during the hearing and submit evidence that challenges your landlord’s application. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl37.pdf Policy Guideline 37] for more information.

'''Geographic rent increases:''' For years, landlords had the right to apply for an additional rent increase when a rental unit’s rent was significantly lower than other similar units in the same geographic area. Fortunately, the RTR has now been amended to eliminate geographic rent increases.

===Non-profit housing===

Some subsidized rental units where rent is related to income may be exempt from the rent increase rules in the ''RTA''. If you live in a subsidized rental unit, ask your housing provider about the rent increase rules that apply to you. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section2 section 2] of the ''RTR'' for more information.

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
|author =
}}
__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Rent

2022-01-04T23:23:56Z

Andrew Sakamoto: /* Notice of rent increase */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' pay your full rent on time. Failing to do so could result in a 10 Day Eviction Notice for Non-Payment of Rent.

'''DO NOT:''' stop paying rent unless the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'' allows you to do so. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch.

==Paying rent==

===When rent is due===

[[File:Rent increase notice.png | right | frame | link= ]]

Your full rent must be paid on or before the date it is due – usually the 1st of the month. If you are late by one day, or short by a few dollars, your landlord can give you a 10 Day Eviction Notice for Non-Payment of Rent in accordance with [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)''. Once you have received this type of notice, you only have five days to pay the missing rent in order to cancel the eviction.

Paying rent on time is one of your most important legal responsibilities, and you cannot rely on the five-day grace period for late rent each month. If you repeatedly pay your rent late – at least three times within an unreasonably short period – your landlord can give you a One Month Eviction Notice for Cause. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''RTA'' and [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.

===How rent is paid===

Tenants and landlords usually arrange for rent to be paid by cash, cheque, e-transfer, or direct deposit. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section26 section 26(2)] of the ''RTA'', landlords are legally required to provide receipts for rent paid in cash. If you suspect that your landlord will not provide you with a receipt, consider bringing a witness and your own rent receipt for them to sign.

===Legally withholding rent===

When disputes arise with your landlord, it may be tempting to retaliate by withholding rent. Unfortunately, this is illegal in most cases. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch (RTB).

There are only five sections in the ''Residential Tenancy Act (RTA)'' that allow you to legally withhold rent without your landlord’s consent:
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section19 section 19] of the ''RTA'' – you overpaid your security deposit or pet damage deposit;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''RTA'' – you paid for emergency repairs after carefully following the proper steps;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section43 section 43] of the ''RTA'' – you overpaid rent because of an illegal rent increase;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51 section 51] of the ''RTA'' – you received a Two Month or Four Month Eviction Notice for Landlord’s Use of Property, which entitles you to one month rent as compensation, and you are applying that compensation towards the last month of your tenancy; and
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section65 section 65] of the ''RTA'' – you have an order from the RTB.

===Problems paying rent===

If you know that you will be unable to pay your full rent on time, communicate with your landlord as soon as possible. Your landlord may allow you to pay your rent late – especially if you have always paid rent on time in the past. Make sure to get your landlord’s permission in writing if they do agree to give you an extension. You can also try requesting a short-term loan from a friend, family member, or one of BC’s Rent Banks. If that is not possible, you may have to prioritize your rent over other expenses.

'''Crisis supplement:''' If you receive income assistance and face an unexpected emergency, you might qualify for a crisis supplement through the provincial government.

==Rent increases==

===Notice of rent increase===

At the start of your tenancy, rent is set at whatever amount you and your landlord agree to as part of your agreement. From that point on, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section22 section 22] of the ''Residential Tenancy Regulation (RTR)'', your landlord can only raise your rent once every 12 months by a percentage equal to inflation. The allowable rent increase percentage changes each year, so check the Residential Tenancy Branch [https://gov.bc.ca/landlordtenant website] or TRAC [http://tenants.bc.ca/ website] to find out how much landlords can raise rent this year.

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section42 Section 42] of the ''Residential Tenancy Act (RTA)'' says that landlords must provide an approved [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb7.pdf “Notice of Rent Increase” form] three full months before a rent increase takes effect. For example, if you receive proper notice on April 5th, the three full months that count towards the notice period are May, June, and July, which means the rent increase would take effect on August 1st (assuming you pay rent on the first of the month). If your landlord does not raise your rent during a 12-month period, or raises it by less than the allowable percentage, they are not allowed to top-up a future rent increase to make up the difference.

===Wrong notice period===

If your landlord uses the proper [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb7.pdf “Notice of Rent Increase”] form but gives you less than three full months’ notice, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section42 section 42(4)] of the ''RTA'' says that you can continue to pay your current rent until the correct amount of time has passed. For example, if you normally pay rent on the first of the month and your landlord gives you a Notice of Rent Increase on March 1st (or anytime later that month), you will not have to start paying the increase until July 1st. Although this may seem like four months, the ''RTA'' counts it as three. By serving the notice on March 1st, your landlord has excluded March from the three-month notice period. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not try to end your tenancy for unpaid rent.

===Overpaying a rent increase===

If you have overpaid on rent because your landlord gave you an illegal rent increase, you have two options:
# deduct the overpayment from your next month’s rent; or
# apply for a monetary order through dispute resolution.

If you choose the first option, make sure to clearly explain to your landlord that you have the right to withhold rent according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section43 section 43] of the ''RTA''.

==Exceptions to rent increase rules==

===Additional occupants added===

If you wish to move someone in to your rental unit, you should first check your tenancy agreement. Your landlord may be allowed to raise your rent for additional occupants, but only if your agreement specifies by how much. If your tenancy agreement does not include such a term, your landlord cannot legally raise your rent when an additional occupant moves in. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section13 section 13] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section40 section 40] of the ''Residential Tenancy Act (RTA)'' for more information.

===Residential Tenancy Branch permission===

Your landlord can apply to the Residential Tenancy Branch (RTB) for an additional rent increase above the allowable annual percentage. Arbitrators will only allow these additional rent increases in exceptional circumstances, listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section23 section 23] of the ''Residential Tenancy Regulation (RTR)''.

The application fee for landlords is $300, plus $10 for each rental unit, to a maximum of $600. If your landlord applies for an additional rent increase, you will be served with a package of hearing documents, including the evidence they have submitted. As the respondent, you will have a chance to speak during the hearing and submit evidence that challenges your landlord’s application. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl37.pdf Policy Guideline 37] for more information.

'''Geographic rent increases:''' For years, landlords had the right to apply for an additional rent increase when a rental unit’s rent was significantly lower than other similar units in the same geographic area. Fortunately, the RTR has now been amended to eliminate geographic rent increases.

===Non-profit housing===

Some subsidized rental units where rent is related to income may be exempt from the rent increase rules in the ''RTA''. If you live in a subsidized rental unit, ask your housing provider about the rent increase rules that apply to you. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section2 section 2] of the ''RTR'' for more information.

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
|author =
}}
__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Evictions

2021-07-13T20:36:12Z

Andrew Sakamoto: /* Landlord's Use of Property Eviction Notices */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' dispute eviction notices within the required timelines. Failing to do so means that, from a legal standpoint, you are accepting the end of your tenancy and agreeing to move out.

'''DO NOT:''' let a landlord illegally kick you out of your rental unit. Only a court-approved bailiff can physically remove you and your possessions.

==Types of evictions==

[[File:Tenant being evicted.jpg | right | frame | link= ]]

An eviction occurs when a landlord legally forces a tenant to move out of a rental unit. If your landlord wants to evict you, they must give you an approved notice with an acceptable reason for eviction according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

There are four main types of eviction notices:
# 10 Day Notice for Non-Payment of Rent;
# One Month Notice for Cause;
# Two Month Notice for Landlord’s Use of Property; and
# Four Month Notice for Landlord’s Use of Property.

==10 Day Notice for Non-Payment of Rent==

Your landlord can evict you for not paying rent, even if you are only a few dollars short or one day late. If you receive A 10 Day Eviction Notice, you have five days to pay up in order to cancel the eviction. Alternatively, if your landlord is lying, you have five days to apply for dispute resolution so that you can prove to an arbitrator that you did in fact pay your full rent on time. If you choose neither of those options within five days of receiving the eviction notice, you will be expected to move out by the 10th day. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)'' for more information.

'''Direct Request:''' A 10 Day Eviction Notice is the most serious of the four types of evictions. If you do not pay your rent or apply for dispute resolution within five days of receiving the notice, your landlord can use the Residential Tenancy Branch’s “Direct Request” process to quickly obtain an Order of Possession without even participating in a dispute resolution hearing.

'''Utilities:''' If you fail to pay for utilities charges you owe, your landlord can give you a 10 Day Eviction Notice, but only after giving you 30 days written notice demanding payment.

'''No excuses:''' The ''RTA'' does not have any “hardship” provisions. This means that you can be evicted from your home even if you have a disability, lose your job, or it’s winter. In addition, being evicted for non-payment of rent does not relieve you of your responsibility to pay the full rent for that month. If you are evicted by the 11th day of the month, your landlord could still go after you for the entire month of rent.

==One Month Notice for Cause==

The most common reasons for receiving a One Month Eviction Notice are:
* unreasonably disturbing your landlord or other occupants;
* repeatedly paying rent late;
* seriously damaging your rental unit or building;
* not fixing or paying for damage caused by you, your guests, or your pets;
* causing danger to your landlord or other occupants;
* having too many occupants living in your rental unit;
* engaging in illegal activity that negatively affects your rental unit, building, landlord, or other occupants; and
* breaching a “material term” (serious rule) of your tenancy agreement and ignoring a written warning from your landlord.

There are other less common reasons for receiving a One Month Eviction Notice. For a full list, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''Residential Tenancy Act (RTA)''.

If you feel that your landlord has unfairly given you a One Month Eviction Notice, you have 10 days to challenge the notice by applying for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

'''Repeated late payment of rent:''' You can receive a One Month Eviction Notice if you pay rent late at least three times within an unreasonable short period. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.

'''Occupant limit:''' Your tenancy agreement may limit the number of permanent occupants allowed in your rental unit. If so, your landlord would have a strong case for eviction if you exceeded the maximum. However, even if your tenancy agreement does not include a term about the occupant limit, your landlord can still give you 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)(c)] of the ''RTA'' if they believe you have moved in an unreasonable number of roommates.

===Move out date===

If you do not dispute your eviction, you have until the last day of the next month to move out (assuming you pay rent on the 1st of the month). For example, if you receive a One Month Eviction Notice on March 5th, you would have to move out by April 30th. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure they understand that you are not illegally overholding the rental unit.

===Early eviction===

If you are causing extremely serious problems, your landlord can ask the RTB for permission to evict you before a One Month Eviction Notice would take effect. Your landlord is not required to give you an eviction notice before applying for this type of dispute resolution hearing. However, they must provide you with notice of the hearing so that you have a chance to present evidence and defend yourself to an arbitrator.

If an arbitrator determines that it would be unreasonable or unfair to the landlord or other occupants of your building to wait for a One Month Eviction Notice to take effect, your landlord will be given an Order of Possession to take back your rental unit on an earlier date. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section56 section 56] of the ''RTA'' for more information.

==Landlord's Use of Property Eviction Notices==

===Two Month Eviction Notices===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 sections 49] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49.1 49.1] of the ''Residential Tenancy Act (RTA)'', you may receive a Two Month Eviction Notice if:
* your landlord, or a “close family member” of your landlord, wants to occupy your rental unit;
* your rental unit was sold and the purchaser, or a “close family member” of the purchaser, wants to occupy your rental unit; or
* you no longer qualify for your subsidized rental unit.

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

If you would like to challenge a Two Month Eviction Notice, you have 15 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

===Four Month Eviction Notices===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA'', your landlord can issue you a Four Month Eviction Notice if they plan to:
* demolish a rental unit;
* convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';
* convert the residential property into cooperative housing under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/99028_01 Cooperative Association Act]'';
* convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or
* convert a rental unit to a non-residential use.

If you would like to challenge a Four Month Eviction Notice, you have 30 days to apply for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

'''Evictions for renovations:''' The ''RTA'' also allows landlords to evict tenants, with four months’ notice, for major renovations that require a unit to be empty for an extended period. However, unlike other types of evictions, the landlord is required to apply for a dispute resolution hearing through the RTB, rather than serve an eviction notice on the tenant. This means that, for evictions for renovations, the onus to initiate dispute resolution proceedings is reversed. Instead of you being required to dispute an eviction notice by a certain deadline, your landlord is automatically required to apply for the RTB’s permission to evict you. At this mandatory dispute resolution hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to approve the eviction.

'''Permits:''' Your landlord must obtain the necessary permits required by law before issuing you a Four Month Eviction Notice.

'''“Right of first refusal”''': In residential properties containing five or more rental units, tenants being evicted due to renovations or repairs have a “right of first refusal” to return to their unit once the renovations or repairs have been completed.

If you are interested in being offered a new tenancy agreement for your renovated unit, provide your landlord with written notice of your intention to use your right of first refusal. This will require your landlord to, at least 45 days before the completion of the renovations or repairs, inform you of the date your renovated unit will be available and provide you with a new tenancy agreement for that effective date. Although this may sound like a great opportunity, the problem is that your landlord can set your new rent at whatever amount they desire.

There are strict penalties when it comes to this area of the law. If your landlord does not offer you a right of first refusal after you have given proper notice, they could end up owing you 12 months of your previous rent as compensation. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.2 sections 51.2] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.3 51.3] of the ''RTA'' for more information.

===Move out date===

If you do not dispute a “landlord’s use” eviction notice, your move-out date will be two or four months later, on the last day of the month (assuming you pay rent on the 1st of the month). For example, if you receive a Four Month Eviction Notice on March 5th, you would have to move out by July 31st. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not think you are overholding.

===Compensation===

Landlord’s Use of Property Eviction Notices have nothing to do with bad behaviour. For this reason, if you receive a Two Month or Four Month Eviction Notice, you are entitled to one month rent as compensation to help with the financial burden of moving. Your landlord must either pay you this money or give you the last month rent free.

'''Exception:''' The one exception is if you are being evicted because you no longer qualify for your subsidized rental unit. If this is the case, you are not entitled to any compensation.

===Tenant giving notice to move out early===

If you want to move in to another rental unit before the two-month or four-month notice period has ended, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section50 section 50] of the ''RTA'' says that you can give your landlord 10 days written notice and move early. When giving short notice to move out, you are only required to pay for the days you actually live in the rental unit. For example, if you paid the full rent for the first month of a two-month notice period, but then gave 10 days written notice and moved out before the end of that first month, your landlord must pay you back for the days you did not live there. In addition, you are still entitled to one month rent as compensation for the second month of the two-month notice period.

===Landlord did not do what the eviction notice said===

Your landlord must follow through with the reason for your eviction. If your rental unit is not used for the stated purpose for at least six months, beginning within a reasonable period after the notice takes effect, your landlord may owe you 12 months of your previous rent as compensation. For example, a landlord may claim that they are moving in, but instead rent the unit to a new tenant at a higher rent.

'''Burden of proof''': When applying for 12 months’ rent as compensation, the burden of proof will be on your landlord. This means that, while you will be given the opportunity to present evidence at the hearing, the onus will be on your landlord to convince the arbitrator that they used the property for the stated purpose of ending your tenancy. See [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section51 section 51] of the ''RTA'' for more information.

'''Extenuating circumstances''': The RTB has the power to excuse the landlord from paying 12 months’ rent as compensation in “extenuating circumstances”. For example, if a landlord ends a tenancy to move in a parent, and then the parent dies one month after moving in, the landlord may be excused because the situation that unfolded could not have been reasonably anticipated and was out of the landlord’s control. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl50.pdf Policy Guideline 50] for more information.

===Fixed term tenancies and Landlord’s Use Eviction Notices===

If you have a fixed term tenancy agreement, you cannot be given a Two Month or Four Month Eviction Notice that takes effect before your contract has ended. If your landlord gives you this type of notice, it is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to apply on the last day of your agreement.

===Selling a rental unit===

When an owner sells a rental unit, the tenant living in that unit may be evicted, but it is not automatic. The new landlord (purchaser) must honour the existing tenancy agreement and can only end it by following the same eviction rules that the previous landlord (seller) would have had to follow.

If the purchaser wants to occupy the rental unit or have a “close family member” occupy the unit, they can make a request in writing that the seller issue a Two Month Eviction Notice on their behalf, but only after all the conditions of the sale have been satisfied. If the purchaser does not plan on occupying the rental unit, or having a “close family member” occupy the unit, the purchaser will become the new landlord and the tenancy will continue under the existing agreement.

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

'''Beware of mutual agreements to end tenancy:''' The Residential Tenancy Branch has a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy” form] that tenants and landlords can use to end their tenancy on an agreed upon date. If your landlord wants to evict you for “landlord’s use”, be careful not to sign this form. Some landlords may try to use a Mutual Agreement to End Tenancy form, instead of an official eviction notice, to avoid having to pay one month rent as compensation.

==Deadlines to dispute eviction notices==

There are strict deadlines for disputing eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

You must apply for dispute resolution within these deadlines. Failing to do so means that, from a legal standpoint, you are accepting the eviction notice and agreeing to move out.

'''Exceptions:''' Arbitrators do have the power to extend a deadline to apply for dispute resolution, but not beyond the effective date of an eviction notice. Extensions will only be granted in exceptional circumstances, such as hospitalization that prevented a tenant from disputing an eviction notice on time.

==Physically removing a tenant==

There are strict rules when it comes to physically removing a tenant and their possessions from a rental unit. Here are the steps that your landlord must follow:
# Serve you with a copy of a Residential Tenancy Branch (RTB) Order of Possession.
# Wait for the two-day review period to expire. (If you successfully file a RTB Application for Review Consideration during the two-day review period, the RTB will put your Order of Possession on hold. Your landlord must then wait to see if the review is decided in their favour before moving on to the next step.)
# Take the Order of Possession to the BC Supreme Court and obtain a Writ of Possession.
# Use the Writ of Possession to hire a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiff].

'''Overholding:''' If you stay past the move-out date listed on an eviction notice or Order of Possession, you may end up owing your landlord some money. In addition, if your landlord hires a court-approved bailiff to remove you and your belongings from your rental unit, you may be held responsible for at least some of the associated costs.

'''Role of the police:''' The police do not have the authority to evict tenants on their own. However, a court-approved bailiff may ask them to attend an eviction to keep the peace while a tenant is being removed.

===List of court-approved bailiffs===

The Attorney General publishes a list of [www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiffs]. Only the companies on this list can legally enforce a Writ of Possession on behalf of a landlord.

'''Warning:''' There are people in BC who are paid money to pressure tenants to move out even though they are not authorized to enforce a Writ of Possession. If someone comes to your door claiming to be a bailiff, always ask for identification.

===Court bailiff rules===

Court bailiffs carrying out an eviction can seize and sell your personal property to pay their fees. However, you have the right to claim exemptions to protect the following items:
* necessary clothing;
* household furniture and appliances worth up to $4,000;
* one motor vehicle worth up to $5,000;
* tools and other property worth up to $10,000, if they are used to earn income; and
* medical and dental aids.

Bailiffs will often give you an opportunity to claim these exemptions when they first show up at your rental unit. If your belongings are taken before you have a chance to claim your exemptions, contact the bailiff company right away. You must claim your exemptions within two days of the date you found out that your property was seized.

===Illegal lockouts===

An illegal lockout could mean that you are without access to money, medication, work tools, and personal identification. If your landlord locks you out of your rental unit, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] immediately. If your landlord continues to deny you access to your home, you will have to apply for dispute resolution to ask for an Order of Possession and monetary compensation. The RTB considers illegal lockouts a top priority when scheduling hearings.

==Other ways a tenancy could end==

There are sometimes exceptional circumstances that force tenancies to end unexpectedly. If a flood, fire, or earthquake leaves your rental unit unlivable, your tenancy agreement may be considered a “frustrated contract”, since it would be impossible for your tenancy to continue under those circumstances. See Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl34.pdf Policy Guideline 34] for more information. You may also come across a situation where the property you are living in experiences a foreclosure. This can happen when a bank or another lender takes control of your rental property because the landlord can no longer pay their mortgage.

If you find yourself in one of these complicated situations, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] to ask for additional information and assistance.

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Evictions

2021-07-13T20:30:05Z

Andrew Sakamoto: /* One Month Notice for Cause */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' dispute eviction notices within the required timelines. Failing to do so means that, from a legal standpoint, you are accepting the end of your tenancy and agreeing to move out.

'''DO NOT:''' let a landlord illegally kick you out of your rental unit. Only a court-approved bailiff can physically remove you and your possessions.

==Types of evictions==

[[File:Tenant being evicted.jpg | right | frame | link= ]]

An eviction occurs when a landlord legally forces a tenant to move out of a rental unit. If your landlord wants to evict you, they must give you an approved notice with an acceptable reason for eviction according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

There are four main types of eviction notices:
# 10 Day Notice for Non-Payment of Rent;
# One Month Notice for Cause;
# Two Month Notice for Landlord’s Use of Property; and
# Four Month Notice for Landlord’s Use of Property.

==10 Day Notice for Non-Payment of Rent==

Your landlord can evict you for not paying rent, even if you are only a few dollars short or one day late. If you receive A 10 Day Eviction Notice, you have five days to pay up in order to cancel the eviction. Alternatively, if your landlord is lying, you have five days to apply for dispute resolution so that you can prove to an arbitrator that you did in fact pay your full rent on time. If you choose neither of those options within five days of receiving the eviction notice, you will be expected to move out by the 10th day. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)'' for more information.

'''Direct Request:''' A 10 Day Eviction Notice is the most serious of the four types of evictions. If you do not pay your rent or apply for dispute resolution within five days of receiving the notice, your landlord can use the Residential Tenancy Branch’s “Direct Request” process to quickly obtain an Order of Possession without even participating in a dispute resolution hearing.

'''Utilities:''' If you fail to pay for utilities charges you owe, your landlord can give you a 10 Day Eviction Notice, but only after giving you 30 days written notice demanding payment.

'''No excuses:''' The ''RTA'' does not have any “hardship” provisions. This means that you can be evicted from your home even if you have a disability, lose your job, or it’s winter. In addition, being evicted for non-payment of rent does not relieve you of your responsibility to pay the full rent for that month. If you are evicted by the 11th day of the month, your landlord could still go after you for the entire month of rent.

==One Month Notice for Cause==

The most common reasons for receiving a One Month Eviction Notice are:
* unreasonably disturbing your landlord or other occupants;
* repeatedly paying rent late;
* seriously damaging your rental unit or building;
* not fixing or paying for damage caused by you, your guests, or your pets;
* causing danger to your landlord or other occupants;
* having too many occupants living in your rental unit;
* engaging in illegal activity that negatively affects your rental unit, building, landlord, or other occupants; and
* breaching a “material term” (serious rule) of your tenancy agreement and ignoring a written warning from your landlord.

There are other less common reasons for receiving a One Month Eviction Notice. For a full list, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''Residential Tenancy Act (RTA)''.

If you feel that your landlord has unfairly given you a One Month Eviction Notice, you have 10 days to challenge the notice by applying for a dispute resolution hearing through the Residential Tenancy Branch (RTB). At the hearing, you will be given the opportunity to present evidence in support of your case, but the burden of proof will be on your landlord to convince the arbitrator to uphold the eviction notice.

'''Repeated late payment of rent:''' You can receive a One Month Eviction Notice if you pay rent late at least three times within an unreasonable short period. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.

'''Occupant limit:''' Your tenancy agreement may limit the number of permanent occupants allowed in your rental unit. If so, your landlord would have a strong case for eviction if you exceeded the maximum. However, even if your tenancy agreement does not include a term about the occupant limit, your landlord can still give you 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)(c)] of the ''RTA'' if they believe you have moved in an unreasonable number of roommates.

===Move out date===

If you do not dispute your eviction, you have until the last day of the next month to move out (assuming you pay rent on the 1st of the month). For example, if you receive a One Month Eviction Notice on March 5th, you would have to move out by April 30th. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure they understand that you are not illegally overholding the rental unit.

===Early eviction===

If you are causing extremely serious problems, your landlord can ask the RTB for permission to evict you before a One Month Eviction Notice would take effect. Your landlord is not required to give you an eviction notice before applying for this type of dispute resolution hearing. However, they must provide you with notice of the hearing so that you have a chance to present evidence and defend yourself to an arbitrator.

If an arbitrator determines that it would be unreasonable or unfair to the landlord or other occupants of your building to wait for a One Month Eviction Notice to take effect, your landlord will be given an Order of Possession to take back your rental unit on an earlier date. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section56 section 56] of the ''RTA'' for more information.

==Landlord's Use of Property Eviction Notices==

===Two Month Eviction Notices===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 sections 49] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49.1 49.1] of the ''Residential Tenancy Act (RTA)'', you may receive a Two Month Eviction Notice if:
* your landlord, or a “close family member” of your landlord, wants to occupy your rental unit;
* your rental unit was sold and the purchaser, or a “close family member” of the purchaser, wants to occupy your rental unit; or
* you no longer qualify for your subsidized rental unit.

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

===Four Month Eviction Notices===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA'', your landlord can issue you a Four Month Eviction Notice if they plan to:
* demolish a rental unit;
* make major renovations that require a rental unit to be empty for an extended period;
* convert the residential property to strata lots under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'';
* convert the residential property into cooperative housing under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/99028_01 Cooperative Association Act]'';
* convert a rental unit for use by a caretaker, manager, or superintendent of the residential property; or
* convert a rental unit to a non-residential use.

'''Permits:''' Your landlord must obtain the necessary permits required by law before issuing you a Four Month Eviction Notice.

'''“Right of first refusal”''': In residential properties containing five or more rental units, tenants being evicted due to renovations or repairs have a “right of first refusal” to return to their unit once the renovations or repairs have been completed.

If you are interested in being offered a new tenancy agreement for your renovated unit, provide your landlord with written notice of your intention to use your right of first refusal. This will require your landlord to, at least 45 days before the completion of the renovations or repairs, inform you of the date your renovated unit will be available and provide you with a new tenancy agreement for that effective date. Although this may sound like a great opportunity, the problem is that your landlord can set your new rent at whatever amount they desire.

There are strict penalties when it comes to this area of the law. If your landlord does not offer you a right of first refusal after you have given proper notice, they could end up owing you 12 months of your previous rent as compensation. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.2 sections 51.2] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51.3 51.3] of the ''RTA'' for more information.

===Move out date===

If you do not dispute a “landlord’s use” eviction notice, your move-out date will be two or four months later, on the last day of the month (assuming you pay rent on the 1st of the month). For example, if you receive a Four Month Eviction Notice on March 5th, you would have to move out by July 31st. Sometimes a landlord will list the wrong move-out date on an eviction notice. If this is the case, the notice is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to the legal move-out date. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not think you are overholding.

===Compensation===

Landlord’s Use of Property Eviction Notices have nothing to do with bad behaviour. For this reason, if you receive a Two Month or Four Month Eviction Notice, you are entitled to one month rent as compensation to help with the financial burden of moving. Your landlord must either pay you this money or give you the last month rent free.

'''Exception:''' The one exception is if you are being evicted because you no longer qualify for your subsidized rental unit. If this is the case, you are not entitled to any compensation.

===Tenant giving notice to move out early===

If you want to move in to another rental unit before the two-month or four-month notice period has ended, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section50 section 50] of the ''RTA'' says that you can give your landlord 10 days written notice and move early. When giving short notice to move out, you are only required to pay for the days you actually live in the rental unit. For example, if you paid the full rent for the first month of a two-month notice period, but then gave 10 days written notice and moved out before the end of that first month, your landlord must pay you back for the days you did not live there. In addition, you are still entitled to one month rent as compensation for the second month of the two-month notice period.

===Landlord did not do what the eviction notice said===

Your landlord must follow through with what your eviction notice says. If your rental unit is not used for the purpose stated on the notice for at least six months, beginning within a reasonable period after the notice takes effect, your landlord may owe you 12 months of your previous rent as compensation. For example, a landlord may claim that they are moving in, but instead rent the unit to a new tenant at a significantly higher rent. If you have evidence that your landlord did not follow through with the stated purpose on your eviction notice, you can apply for dispute resolution to seek your 12 months rent as compensation. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51 section 51] of the ''RTA'' for more information.

===Fixed term tenancies and Landlord’s Use Eviction Notices===

If you have a fixed term tenancy agreement, you cannot be given a Two Month or Four Month Eviction Notice that takes effect before your contract has ended. If your landlord gives you this type of notice, it is still valid but, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section53 section 53] of the ''RTA'', self-corrects to apply on the last day of your agreement.

===Selling a rental unit===

When an owner sells a rental unit, the tenant living in that unit may be evicted, but it is not automatic. The new landlord (purchaser) must honour the existing tenancy agreement and can only end it by following the same eviction rules that the previous landlord (seller) would have had to follow.

If the purchaser wants to occupy the rental unit or have a “close family member” occupy the unit, they can make a request in writing that the seller issue a Two Month Eviction Notice on their behalf, but only after all the conditions of the sale have been satisfied. If the purchaser does not plan on occupying the rental unit, or having a “close family member” occupy the unit, the purchaser will become the new landlord and the tenancy will continue under the existing agreement.

'''“Close family member”:''' The ''RTA'' defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.

'''Beware of mutual agreements to end tenancy:''' The Residential Tenancy Branch has a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy” form] that tenants and landlords can use to end their tenancy on an agreed upon date. If your landlord wants to evict you for “landlord’s use”, be careful not to sign this form. Some landlords may try to use a Mutual Agreement to End Tenancy form, instead of an official eviction notice, to avoid having to pay one month rent as compensation.

==Deadlines to dispute eviction notices==

There are strict deadlines for disputing eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

You must apply for dispute resolution within these deadlines. Failing to do so means that, from a legal standpoint, you are accepting the eviction notice and agreeing to move out.

'''Exceptions:''' Arbitrators do have the power to extend a deadline to apply for dispute resolution, but not beyond the effective date of an eviction notice. Extensions will only be granted in exceptional circumstances, such as hospitalization that prevented a tenant from disputing an eviction notice on time.

==Physically removing a tenant==

There are strict rules when it comes to physically removing a tenant and their possessions from a rental unit. Here are the steps that your landlord must follow:
# Serve you with a copy of a Residential Tenancy Branch (RTB) Order of Possession.
# Wait for the two-day review period to expire. (If you successfully file a RTB Application for Review Consideration during the two-day review period, the RTB will put your Order of Possession on hold. Your landlord must then wait to see if the review is decided in their favour before moving on to the next step.)
# Take the Order of Possession to the BC Supreme Court and obtain a Writ of Possession.
# Use the Writ of Possession to hire a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiff].

'''Overholding:''' If you stay past the move-out date listed on an eviction notice or Order of Possession, you may end up owing your landlord some money. In addition, if your landlord hires a court-approved bailiff to remove you and your belongings from your rental unit, you may be held responsible for at least some of the associated costs.

'''Role of the police:''' The police do not have the authority to evict tenants on their own. However, a court-approved bailiff may ask them to attend an eviction to keep the peace while a tenant is being removed.

===List of court-approved bailiffs===

The Attorney General publishes a list of [www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs court-approved bailiffs]. Only the companies on this list can legally enforce a Writ of Possession on behalf of a landlord.

'''Warning:''' There are people in BC who are paid money to pressure tenants to move out even though they are not authorized to enforce a Writ of Possession. If someone comes to your door claiming to be a bailiff, always ask for identification.

===Court bailiff rules===

Court bailiffs carrying out an eviction can seize and sell your personal property to pay their fees. However, you have the right to claim exemptions to protect the following items:
* necessary clothing;
* household furniture and appliances worth up to $4,000;
* one motor vehicle worth up to $5,000;
* tools and other property worth up to $10,000, if they are used to earn income; and
* medical and dental aids.

Bailiffs will often give you an opportunity to claim these exemptions when they first show up at your rental unit. If your belongings are taken before you have a chance to claim your exemptions, contact the bailiff company right away. You must claim your exemptions within two days of the date you found out that your property was seized.

===Illegal lockouts===

An illegal lockout could mean that you are without access to money, medication, work tools, and personal identification. If your landlord locks you out of your rental unit, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] immediately. If your landlord continues to deny you access to your home, you will have to apply for dispute resolution to ask for an Order of Possession and monetary compensation. The RTB considers illegal lockouts a top priority when scheduling hearings.

==Other ways a tenancy could end==

There are sometimes exceptional circumstances that force tenancies to end unexpectedly. If a flood, fire, or earthquake leaves your rental unit unlivable, your tenancy agreement may be considered a “frustrated contract”, since it would be impossible for your tenancy to continue under those circumstances. See Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl34.pdf Policy Guideline 34] for more information. You may also come across a situation where the property you are living in experiences a foreclosure. This can happen when a bank or another lender takes control of your rental property because the landlord can no longer pay their mortgage.

If you find yourself in one of these complicated situations, contact [http://tenants.bc.ca/ TRAC], the [https://www2.gov.bc.ca/gov/content?id=FE38AA18AC2B437A8C274E030254B3DD RTB], a [http://www.povnet.org/find-an-advocate/bc legal advocate], or a [https://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service lawyer] to ask for additional information and assistance.

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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Rent

2021-06-02T21:19:21Z

Andrew Sakamoto: /* Notice of rent increase */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' pay your full rent on time. Failing to do so could result in a 10 Day Eviction Notice for Non-Payment of Rent.

'''DO NOT:''' stop paying rent unless the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'' allows you to do so. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch.

==Paying rent==

===When rent is due===

[[File:Rent increase notice.png | right | frame | link= ]]

Your full rent must be paid on or before the date it is due – usually the 1st of the month. If you are late by one day, or short by a few dollars, your landlord can give you a 10 Day Eviction Notice for Non-Payment of Rent in accordance with [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)''. Once you have received this type of notice, you only have five days to pay the missing rent in order to cancel the eviction.

Paying rent on time is one of your most important legal responsibilities, and you cannot rely on the five-day grace period for late rent each month. If you repeatedly pay your rent late – at least three times within an unreasonably short period – your landlord can give you a One Month Eviction Notice for Cause. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''RTA'' and [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.

===How rent is paid===

Tenants and landlords usually arrange for rent to be paid by cash, cheque, e-transfer, or direct deposit. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section26 section 26(2)] of the ''RTA'', landlords are legally required to provide receipts for rent paid in cash. If you suspect that your landlord will not provide you with a receipt, consider bringing a witness and your own rent receipt for them to sign.

===Legally withholding rent===

When disputes arise with your landlord, it may be tempting to retaliate by withholding rent. Unfortunately, this is illegal in most cases. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch (RTB).

There are only five sections in the ''Residential Tenancy Act (RTA)'' that allow you to legally withhold rent without your landlord’s consent:
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section19 section 19] of the ''RTA'' – you overpaid your security deposit or pet damage deposit;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''RTA'' – you paid for emergency repairs after carefully following the proper steps;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section43 section 43] of the ''RTA'' – you overpaid rent because of an illegal rent increase;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51 section 51] of the ''RTA'' – you received a Two Month or Four Month Eviction Notice for Landlord’s Use of Property, which entitles you to one month rent as compensation, and you are applying that compensation towards the last month of your tenancy; and
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section65 section 65] of the ''RTA'' – you have an order from the RTB.

===Problems paying rent===

If you know that you will be unable to pay your full rent on time, communicate with your landlord as soon as possible. Your landlord may allow you to pay your rent late – especially if you have always paid rent on time in the past. Make sure to get your landlord’s permission in writing if they do agree to give you an extension. You can also try requesting a short-term loan from a friend, family member, or one of BC’s Rent Banks. If that is not possible, you may have to prioritize your rent over other expenses.

'''Crisis supplement:''' If you receive income assistance and face an unexpected emergency, you might qualify for a crisis supplement through the provincial government.

==Rent increases==

===Notice of rent increase===

''IMPORTANT NOTE: Due to COVID-19, the rent increase freeze has been extended to December 31, 2021. If your landlord has given you a rent increase notice with an effective date after March 30, 2020 and before January 1, 2022, the notice is considered canceled.''

At the start of your tenancy, rent is set at whatever amount you and your landlord agree to as part of your agreement. From that point on, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section22 section 22] of the ''Residential Tenancy Regulation (RTR)'', your landlord can only raise your rent once every 12 months by a percentage equal to inflation. The allowable rent increase percentage changes each year, so check the Residential Tenancy Branch [https://gov.bc.ca/landlordtenant website] or TRAC [http://tenants.bc.ca/ website] to find out how much landlords can raise rent this year.

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section42 Section 42] of the ''Residential Tenancy Act (RTA)'' says that landlords must provide an approved [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb7.pdf “Notice of Rent Increase” form] three full months before a rent increase takes effect. For example, if you receive proper notice on April 5th, the three full months that count towards the notice period are May, June, and July, which means the rent increase would take effect on August 1st (assuming you pay rent on the first of the month). If your landlord does not raise your rent during a 12-month period, or raises it by less than the allowable percentage, they are not allowed to top-up a future rent increase to make up the difference.

===Wrong notice period===

If your landlord uses the proper [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb7.pdf “Notice of Rent Increase”] form but gives you less than three full months’ notice, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section42 section 42(4)] of the ''RTA'' says that you can continue to pay your current rent until the correct amount of time has passed. For example, if you normally pay rent on the first of the month and your landlord gives you a Notice of Rent Increase on March 1st (or anytime later that month), you will not have to start paying the increase until July 1st. Although this may seem like four months, the ''RTA'' counts it as three. By serving the notice on March 1st, your landlord has excluded March from the three-month notice period. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not try to end your tenancy for unpaid rent.

===Overpaying a rent increase===

If you have overpaid on rent because your landlord gave you an illegal rent increase, you have two options:
# deduct the overpayment from your next month’s rent; or
# apply for a monetary order through dispute resolution.

If you choose the first option, make sure to clearly explain to your landlord that you have the right to withhold rent according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section43 section 43] of the ''RTA''.

==Exceptions to rent increase rules==

===Additional occupants added===

If you wish to move someone in to your rental unit, you should first check your tenancy agreement. Your landlord may be allowed to raise your rent for additional occupants, but only if your agreement specifies by how much. If your tenancy agreement does not include such a term, your landlord cannot legally raise your rent when an additional occupant moves in. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section13 section 13] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section40 section 40] of the ''Residential Tenancy Act (RTA)'' for more information.

===Residential Tenancy Branch permission===

Your landlord can apply to the Residential Tenancy Branch (RTB) for an additional rent increase above the allowable annual percentage. Arbitrators will only allow these additional rent increases in exceptional circumstances, listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section23 section 23] of the ''Residential Tenancy Regulation (RTR)''.

The application fee for landlords is $300, plus $10 for each rental unit, to a maximum of $600. If your landlord applies for an additional rent increase, you will be served with a package of hearing documents, including the evidence they have submitted. As the respondent, you will have a chance to speak during the hearing and submit evidence that challenges your landlord’s application. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl37.pdf Policy Guideline 37] for more information.

'''Geographic rent increases:''' For years, landlords had the right to apply for an additional rent increase when a rental unit’s rent was significantly lower than other similar units in the same geographic area. Fortunately, the RTR has now been amended to eliminate geographic rent increases.

===Non-profit housing===

Some subsidized rental units where rent is related to income may be exempt from the rent increase rules in the ''RTA''. If you live in a subsidized rental unit, ask your housing provider about the rent increase rules that apply to you. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section2 section 2] of the ''RTR'' for more information.

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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Moving Out When Renting

2021-05-25T17:58:48Z

Andrew Sakamoto: /* Serving documents */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' give one month notice to end your month-to-month tenancy no later than the day before your rent is due. Failing to do so could result in you owing an extra month of rent.

'''DO NOT:''' use email, text messaging, or social media when providing your one-month notice to move out. The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'' does not accept those forms of digital communication for such notice.

==Giving notice to move out==

[[File:Tenant moving out.jpg | left | frame | link= ]]

===Month-to-month tenancies===

If you have a month-to-month agreement, you can end your tenancy by giving one-month notice no later than the day before your rent is due. For example, if you pay rent on the first day of the month and want to move out by May 31st, your notice must be received by your landlord no later than April 30th.

Your notice must be in writing, so avoid email, text messaging, and social media. Instead, give your landlord a signed and dated letter with your name, signature, address, and move-out date, as set out in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section52 section 52] of the ''RTA''. Make sure to keep a copy in a safe place and take photos for added protection.

===Fixed term tenancies===

If you have a fixed term agreement, giving notice to end your tenancy is a little more complicated. Since you have entered into a legal contract for a fixed amount of time, you are generally not allowed to give notice to move out before the end of your term.

Most fixed term tenancies convert to month-to-month tenancies at the end of the term. However, if you plan to move out at the end of the term rather than have your tenancy continue, you must provide one-month notice in writing no later than the day before your rent is due – just like month-to-month agreements.

'''Vacate clauses:''' Vacate clauses can only be used in situations listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section13.1 section 13.1] of the ''Residential Tenancy Regulation''. If your agreement has a vacate clause, you do not have to give proper notice before moving out, since you already agreed to your move-out date when signing your tenancy agreement.

===Changing your mind===

Unless you obtain your landlord’s permission in writing, you are not allowed to change your mind once you have provided proper written notice to end your tenancy. If your landlord suspects that you will not move out as planned, they can apply for an Order of Possession that will take effect on the date you are supposed to leave.

==Serving documents==

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section88 Sections 88-90] of the ''Residential Tenancy Act (RTA)'' cover the rules about how tenants and landlords can give, or “serve”, forms and notices to each other. When it comes to serving your one month written notice, or any other type of form or notice, you should avoid email, text messaging, and social media, and instead use one of the following methods:
#'''In person:''' You can serve documents in person to your landlord, an adult who lives with your landlord, or an agent of your landlord. If possible, bring a witness so you have proof that your documents were served properly. Write the date, time, and location of delivery on your copy of the documents and have your witness sign them. The ''RTA'' says that a document delivered in person is considered received that same day.
#'''Email:''' You can email a copy of your documents to an email address provided as an address for service by your landlord. The ''RTA'' says that a document delivered by email is considered received on the third day after being emailed.
#'''Post the notice:''' You can attach your written notice in a visible spot at your landlord’s home, or the place where they carry out business as a landlord. For example, you can tape the notice to your landlord’s door. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of delivery on your copy of the notice and have your witness sign it. Do not slide the notice under your landlord’s door. The ''RTA'' says that a posted notice is considered received on the third day after being posted.
#'''Mailbox or mail slot:''' You can put documents in the mailbox or mail slot at your landlord’s home, or the place where they carry out business as a landlord. If possible, bring a witness so you have proof that your documents were served properly. Write the date, time, and location of delivery on your copy of the documents and have your witness sign them. The ''RTA'' says that a notice left in the mailbox or mail slot is considered received on the third day after being left.
#'''Fax:''' You can serve your written notice by fax, if your landlord has provided you with a fax number for serving documents. Keep the confirmation printout showing the date and time the fax was sent. The ''RTA'' says that a faxed notice is considered received on the third day after being faxed.
#'''Mail:''' You can serve your written notice using regular or registered mail. If you want proof that your landlord received the notice, send it by registered mail so that Canada Post can give you confirmation. The ''RTA'' says that a mailed notice is considered received on the fifth day after being mailed.

'''Proof of Service:''' It is important to always have proof that you served a document properly. To help with this, consider using the Small Claims Court form, [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl004f.pdf “Certificate of Service”].

'''Rebuttable presumption:''' When determining the date a document is legally considered received, there is always a “rebuttable presumption”. This means that even though the ''RTA'' has rules about when documents are considered received, they may not apply if there is evidence of the document being received on a different date. For example, if you mail a notice to your landlord and get email confirmation that they received it three days later, an argument could be made that it was received after three days rather than five days.

==Special service rules for certain documents ==

Most documents can be served in any of the ways listed above, but there are some exceptions. For tenants, there are two types of documents where special rules apply – an application for dispute resolution and a notice from an arbitrator to review a decision or order. These types of documents can only be served in a limited number of ways:
# by leaving a copy with the landlord;
# by leaving a copy with an agent of the landlord;
# by emailing a copy to an email address provided as an address for service by the landlord; or
# by sending a copy by registered mail to the address at which the landlord lives, or to the address at which the landlord carries on business as a landlord;

This can be a complicated topic and there are additional special rules about serving documents. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section89 section 89] of the ''Residential Tenancy Act'' and Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl12.pdf Policy Guideline 12] for more information.

=== Text and social media messaging ===

The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' does not recognize text and social media messaging as acceptable methods of service. This means that when an official Residential Tenancy Branch (RTB) form must be served, or the ''RTA'' requires that something be done “in writing”, it is always safest to rely on in-person service, registered mail, or one of the other approved methods of service. Landlords should avoid sending eviction notices using social media, and tenants should never text their one-month notice to move out. If these issues ended up at dispute resolution, an arbitrator may rule that the documents were improperly served. That said, if you receive a document that was not served properly, the safest option is to not ignore it. For example, if your landlord sends you an eviction notice over Facebook, you should consider disputing it through the RTB so that an arbitrator can dismiss it and instruct your landlord to not illegally evict you.

While approved methods of service should always be used when serving official RTB forms and notices that are required to be given “in writing”, text and social media messaging may be acceptable when it comes to more general correspondence. For example, since there is no official RTB form for requesting repairs, a series of texts showing your landlord’s neglect for a repair request might be accepted as evidence at dispute resolution – as long as you can prove that your landlord received the texts. When it comes to text and social media evidence at dispute resolution, the arbitrator handling your case will always have the final say on whether or not to accept the evidence.

==Illegally breaking a lease==

If you move out before the end of your fixed term tenancy – often referred to as “breaking a lease” – your landlord may be entitled to some money, depending on how much rental income they lost and whether they made reasonable efforts to find a replacement tenant.

===Consequences for breaking a lease===

You may have to pay your landlord some money if you end your fixed term tenancy early, but it is not as simple as automatically owing the remaining months of rent. Once you have broken your lease, your landlord has a legal responsibility to minimize your loss, or “mitigate”, by trying to re-rent your unit at a fair price. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl05.pdf Policy Guideline 5] for more information.

If your landlord is forced to re-rent your unit at a $25 discount to secure a replacement tenant, they could be entitled to $25 per month over the remaining term of your agreement. However, if your landlord can re-rent your unit for more than what you were paying, that additional money they will earn over the remaining months of your agreement can be applied to, or “set off” against, any other money you owe your landlord for unpaid rent or damages. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl03.pdf RTB Policy Guideline 3] for more information.

If your landlord applies for a monetary order against you but cannot prove that they made an honest attempt to re-rent your unit, you may not be required to pay for any of their lost rental income. This means that if your landlord refused to show your unit to potential tenants, never posted an advertisement, or had too high of an asking price, they may not be entitled to any monetary compensation.

'''Liquidated damages:''' If you break a lease that includes a “liquidated damages” clause, you could be held responsible for the costs associated with finding a replacement tenant. A liquidated damages clause cannot be unreasonably high, especially considering the number of free online advertising options that are available. Liquidated damages is supposed to be a reasonable pre-estimate of the cost of re-renting a unit – not a penalty for breaking a lease. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl04.pdf RTB Policy Guideline 4] for more information.

==Alternatives to breaking a lease==

If you must end your tenancy early, there are a few options to consider before packing up and leaving. Depending on your situation, you may be able to end your tenancy without having to illegally break your lease.

===Mutual agreement to end tenancy===

Your landlord may simply agree to end your tenancy early. To help convince them, offer to help find a new tenant by advertising your rental unit and making it accessible for regular viewings. The Residential Tenancy Branch (RTB) offers a standard [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy”] form.

===Sublet / assignment===

You might be able to sublet or assign your tenancy agreement. A sublet occurs when a tenant temporarily moves out and rents their unit to a subtenant until they return, whereas an assignment occurs when a tenant permanently moves out and transfers their agreement to a new tenant. To sublet or assign your tenancy agreement, you must have your landlord’s written consent. However, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section34 section 34(2)] of the ''Residential Tenancy Act (RTA)'', if your fixed term tenancy agreement has at least six months remaining on it, your landlord cannot unreasonably withhold their consent. If you believe your landlord is unreasonably withholding consent, you have the right to apply for dispute resolution to ask for an order allowing you to sublet or assign your tenancy.

There are important differences between sublets and assignments. When you sublet a rental unit, you retain rights and responsibilities associated with that tenancy agreement. However, when you assign a rental unit, your rights and responsibilities are usually transferred to the person to whom you are assigning the agreement. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl19.pdf Policy Guideline 19] for more information.

'''Exception:''' The sublet and assignment rules in the ''RTA'' do not apply to non-profit housing that falls under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section2 section 2] of the ''Residential Tenancy Regulation''.

===Landlord breach of a material term===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section45 section 45(3)] of the ''RTA'', you can consider ending your tenancy early if your landlord has breached a “material term” and failed to correct the situation within a reasonable period after receiving your written warning. According to RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl08.pdf Policy Guideline 8], a material term is a term that is so important that even the simplest breach or violation may give you the right to end the tenancy. The ''RTA'' does not define “material term”, since the same term could be considered material in one tenancy but not another. If you end your tenancy due to breach of a material term, your landlord may apply for a monetary order against you, so be prepared to convince an arbitrator that there was no way your tenancy could have continued. Alternatively, you can apply for dispute resolution to request permission to end your tenancy early.

===Family violence or long-term care===

Tenants can end a fixed term tenancy early by providing one month written notice if they:
* need to leave their rental unit to protect themselves or their children from family violence;
* have been assessed as requiring long-term care; or
* have been accepted into a long-term care facility.

To legally end a tenancy in these circumstances, you must provide your landlord with a completed RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb49.pdf “Ending Fixed Term Tenancy Confirmation Statement”], signed by an authorized third-party verifier.

When ending a tenancy early due to family violence, here are some common examples of third party verifiers:
* medical practitioner;
* nurse practitioner;
* psychologist;
* social worker;
* police officer;
* counsellor;
* practising lawyer; or
* victim court support caseworker;

When ending a tenancy early due to long-term care, here are some common examples of third party verifiers:
* medical practitioner;
* nurse practitioner;
* psychologist;
* social worker;
* manager of a long-term care facility; or
* occupational therapist.

For more information on this topic, including a full list of all third-party verifiers, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#part7 Part 7 of the Residential Tenancy Regulation].

==Cleaning responsibilities==

Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf Policy Guideline 1] provides an overview of your responsibility to clean your rental unit when moving out. Here are some examples of areas in your rental unit that you are expected to clean:
* the inside and outside of appliances, such as the stove, fridge, and dishwasher;
* behind and underneath the fridge and stove, if they are on rollers and can be pulled out;
* floors and wall vents;
* the insides of all your windows and doors;
* the outside of any sliding glass doors or balcony windows;
* blinds and window coverings;
* walls and baseboards;
* any fireplace you used, as well as its screen, vent, or fan; and
* if your tenancy was at least one year, or you smoked or had pets, the carpets should be steam cleaned or shampooed.

==Move-out condition inspection reports==

At the end of your tenancy, you and your landlord should walk through your rental unit and complete a move-out condition inspection report. This is a chance to fill out a checklist and document the condition of your home. Completing this report when you move in and move out will help determine how much damage, if any, has been caused during your tenancy.

===Approved forms===

There is a good chance your landlord will use the standard Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb27.pdf Condition Inspection Report]. However, if they choose to use their own custom form, it should still contain all the information required by [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section20 section 20] of the ''Residential Tenancy Regulation (RTR)'' – just like the standard RTB form.

===Scheduling an inspection===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section17 section 17] of the ''RTR'', your landlord must offer you at least two opportunities – between 8am and 9pm – to complete the move-out condition inspection. If you do not accept their first offer, your landlord is required to serve you with the RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb22.pdf “Notice of Final Opportunity to Schedule a Condition Inspection”]. If you are still unavailable for the second opportunity, you can have someone else participate on your behalf. Even if you are able to participate in the inspection, you may want to consider bringing a friend or family member as a witness. Ideally, the move-out condition inspection report should be completed on the day your tenancy ends, once all your belongings have been removed from the rental unit. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section35 section 35] of the ''Residential Tenancy Act'' for more information.

===Participating in the inspection===

It can be a good idea to take photos and videos during the inspection, especially if you disagree with your landlord about the condition of your rental unit. Once you have completed the condition inspection, make sure to sign and date the report. If you disagree with your landlord about any part of the inspection, there should be space on the form to list your concerns. If you do not sign the report because you disagree with it, it may be difficult to prove that you participated in the inspection. Your landlord must give you a copy of the completed report within 15 days of completing the inspection. Keep your copy in a safe place and take photos for added protection.

==Getting your deposit returned==

If you would like to have your deposit returned, the first step is to provide your landlord with a forwarding address in writing indicating where your deposit can be sent. Make sure to have evidence that you provided your forwarding address, such as a witness or registered mail confirmation. You should also have the option to list your forwarding address on the move-out condition inspection report.

Once you have provided your forwarding address in writing and your tenancy has officially ended, your landlord has 15 days to take one of the following three actions:
# return your deposit;
# get your written permission to keep some or all of your deposit; or
# apply for dispute resolution to keep some or all of your deposit.

Your landlord can return your deposit by delivering it in person, mailing it, leaving it in your mailbox or mail slot, or sending it electronically. If your landlord returns your deposit by electronic means, they are not allowed to charge a fee.

Your landlord cannot simply decide on their own to keep your deposit. If they want it, they need written permission from either you or the Residential Tenancy Branch. After 15 days, if your landlord has not returned your deposit, obtained your written consent, or applied for dispute resolution, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section38 section 38] of the ''Residential Tenancy Act (RTA)'' gives you the right to go after your landlord through dispute resolution for double the amount of your deposit.

'''Condition inspection reports:''' If your landlord does not give you a chance to participate in a move-in or move-out condition inspection, or does not provide you with a copy of either report within the required timelines, they lose the right to claim against your security or pet damage deposit for damage to the rental unit. Conversely, if you fail to participate in an inspection after receiving two opportunities, you may lose the right to have your deposit(s) returned. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section24 sections 24] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section36 36] of the ''RTA'' for more information.

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
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[[Category:Tenant Survival Guide]]

Moving Out When Renting

2021-05-25T17:58:04Z

Andrew Sakamoto: /* Special service rules for certain documents */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' give one month notice to end your month-to-month tenancy no later than the day before your rent is due. Failing to do so could result in you owing an extra month of rent.

'''DO NOT:''' use email, text messaging, or social media when providing your one-month notice to move out. The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'' does not accept those forms of digital communication for such notice.

==Giving notice to move out==

[[File:Tenant moving out.jpg | left | frame | link= ]]

===Month-to-month tenancies===

If you have a month-to-month agreement, you can end your tenancy by giving one-month notice no later than the day before your rent is due. For example, if you pay rent on the first day of the month and want to move out by May 31st, your notice must be received by your landlord no later than April 30th.

Your notice must be in writing, so avoid email, text messaging, and social media. Instead, give your landlord a signed and dated letter with your name, signature, address, and move-out date, as set out in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section52 section 52] of the ''RTA''. Make sure to keep a copy in a safe place and take photos for added protection.

===Fixed term tenancies===

If you have a fixed term agreement, giving notice to end your tenancy is a little more complicated. Since you have entered into a legal contract for a fixed amount of time, you are generally not allowed to give notice to move out before the end of your term.

Most fixed term tenancies convert to month-to-month tenancies at the end of the term. However, if you plan to move out at the end of the term rather than have your tenancy continue, you must provide one-month notice in writing no later than the day before your rent is due – just like month-to-month agreements.

'''Vacate clauses:''' Vacate clauses can only be used in situations listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section13.1 section 13.1] of the ''Residential Tenancy Regulation''. If your agreement has a vacate clause, you do not have to give proper notice before moving out, since you already agreed to your move-out date when signing your tenancy agreement.

===Changing your mind===

Unless you obtain your landlord’s permission in writing, you are not allowed to change your mind once you have provided proper written notice to end your tenancy. If your landlord suspects that you will not move out as planned, they can apply for an Order of Possession that will take effect on the date you are supposed to leave.

==Serving documents==

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section88 Sections 88-90] of the ''Residential Tenancy Act (RTA)'' cover the rules about how tenants and landlords can give, or “serve”, forms and notices to each other. When it comes to serving your one month written notice, or any other type of form or notice, you should avoid email, text messaging, and social media, and instead use one of the following methods:
#'''In person:''' You can serve documents in person to your landlord, an adult who lives with your landlord, or an agent of your landlord. If possible, bring a witness so you have proof that your documents were served properly. Write the date, time, and location of delivery on your copy of the documents and have your witness sign them. The RTA says that a document delivered in person is considered received that same day.
#'''Email:''' You can email a copy of your documents to an email address provided as an address for service by your landlord. The RTA says that a document delivered by email is considered received on the third day after being emailed.
#'''Post the notice:''' You can attach your written notice in a visible spot at your landlord’s home, or the place where they carry out business as a landlord. For example, you can tape the notice to your landlord’s door. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of delivery on your copy of the notice and have your witness sign it. Do not slide the notice under your landlord’s door. The ''RTA'' says that a posted notice is considered received on the third day after being posted.
#'''Mailbox or mail slot:''' You can put documents in the mailbox or mail slot at your landlord’s home, or the place where they carry out business as a landlord. If possible, bring a witness so you have proof that your documents were served properly. Write the date, time, and location of delivery on your copy of the documents and have your witness sign them. The RTA says that a notice left in the mailbox or mail slot is considered received on the third day after being left.
#'''Fax:''' You can serve your written notice by fax, if your landlord has provided you with a fax number for serving documents. Keep the confirmation printout showing the date and time the fax was sent. The ''RTA'' says that a faxed notice is considered received on the third day after being faxed.
#'''Mail:''' You can serve your written notice using regular or registered mail. If you want proof that your landlord received the notice, send it by registered mail so that Canada Post can give you confirmation. The ''RTA'' says that a mailed notice is considered received on the fifth day after being mailed.

'''Proof of Service:''' It is important to always have proof that you served a document properly. To help with this, consider using the Small Claims Court form, [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl004f.pdf “Certificate of Service”].

'''Rebuttable presumption:''' When determining the date a document is legally considered received, there is always a “rebuttable presumption”. This means that even though the ''RTA'' has rules about when documents are considered received, they may not apply if there is evidence of the document being received on a different date. For example, if you mail a notice to your landlord and get email confirmation that they received it three days later, an argument could be made that it was received after three days rather than five days.

==Special service rules for certain documents ==

Most documents can be served in any of the ways listed above, but there are some exceptions. For tenants, there are two types of documents where special rules apply – an application for dispute resolution and a notice from an arbitrator to review a decision or order. These types of documents can only be served in a limited number of ways:
# by leaving a copy with the landlord;
# by leaving a copy with an agent of the landlord;
# by emailing a copy to an email address provided as an address for service by the landlord; or
# by sending a copy by registered mail to the address at which the landlord lives, or to the address at which the landlord carries on business as a landlord;

This can be a complicated topic and there are additional special rules about serving documents. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section89 section 89] of the ''Residential Tenancy Act'' and Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl12.pdf Policy Guideline 12] for more information.

=== Text and social media messaging ===

The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' does not recognize text and social media messaging as acceptable methods of service. This means that when an official Residential Tenancy Branch (RTB) form must be served, or the ''RTA'' requires that something be done “in writing”, it is always safest to rely on in-person service, registered mail, or one of the other approved methods of service. Landlords should avoid sending eviction notices using social media, and tenants should never text their one-month notice to move out. If these issues ended up at dispute resolution, an arbitrator may rule that the documents were improperly served. That said, if you receive a document that was not served properly, the safest option is to not ignore it. For example, if your landlord sends you an eviction notice over Facebook, you should consider disputing it through the RTB so that an arbitrator can dismiss it and instruct your landlord to not illegally evict you.

While approved methods of service should always be used when serving official RTB forms and notices that are required to be given “in writing”, text and social media messaging may be acceptable when it comes to more general correspondence. For example, since there is no official RTB form for requesting repairs, a series of texts showing your landlord’s neglect for a repair request might be accepted as evidence at dispute resolution – as long as you can prove that your landlord received the texts. When it comes to text and social media evidence at dispute resolution, the arbitrator handling your case will always have the final say on whether or not to accept the evidence.

==Illegally breaking a lease==

If you move out before the end of your fixed term tenancy – often referred to as “breaking a lease” – your landlord may be entitled to some money, depending on how much rental income they lost and whether they made reasonable efforts to find a replacement tenant.

===Consequences for breaking a lease===

You may have to pay your landlord some money if you end your fixed term tenancy early, but it is not as simple as automatically owing the remaining months of rent. Once you have broken your lease, your landlord has a legal responsibility to minimize your loss, or “mitigate”, by trying to re-rent your unit at a fair price. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl05.pdf Policy Guideline 5] for more information.

If your landlord is forced to re-rent your unit at a $25 discount to secure a replacement tenant, they could be entitled to $25 per month over the remaining term of your agreement. However, if your landlord can re-rent your unit for more than what you were paying, that additional money they will earn over the remaining months of your agreement can be applied to, or “set off” against, any other money you owe your landlord for unpaid rent or damages. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl03.pdf RTB Policy Guideline 3] for more information.

If your landlord applies for a monetary order against you but cannot prove that they made an honest attempt to re-rent your unit, you may not be required to pay for any of their lost rental income. This means that if your landlord refused to show your unit to potential tenants, never posted an advertisement, or had too high of an asking price, they may not be entitled to any monetary compensation.

'''Liquidated damages:''' If you break a lease that includes a “liquidated damages” clause, you could be held responsible for the costs associated with finding a replacement tenant. A liquidated damages clause cannot be unreasonably high, especially considering the number of free online advertising options that are available. Liquidated damages is supposed to be a reasonable pre-estimate of the cost of re-renting a unit – not a penalty for breaking a lease. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl04.pdf RTB Policy Guideline 4] for more information.

==Alternatives to breaking a lease==

If you must end your tenancy early, there are a few options to consider before packing up and leaving. Depending on your situation, you may be able to end your tenancy without having to illegally break your lease.

===Mutual agreement to end tenancy===

Your landlord may simply agree to end your tenancy early. To help convince them, offer to help find a new tenant by advertising your rental unit and making it accessible for regular viewings. The Residential Tenancy Branch (RTB) offers a standard [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy”] form.

===Sublet / assignment===

You might be able to sublet or assign your tenancy agreement. A sublet occurs when a tenant temporarily moves out and rents their unit to a subtenant until they return, whereas an assignment occurs when a tenant permanently moves out and transfers their agreement to a new tenant. To sublet or assign your tenancy agreement, you must have your landlord’s written consent. However, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section34 section 34(2)] of the ''Residential Tenancy Act (RTA)'', if your fixed term tenancy agreement has at least six months remaining on it, your landlord cannot unreasonably withhold their consent. If you believe your landlord is unreasonably withholding consent, you have the right to apply for dispute resolution to ask for an order allowing you to sublet or assign your tenancy.

There are important differences between sublets and assignments. When you sublet a rental unit, you retain rights and responsibilities associated with that tenancy agreement. However, when you assign a rental unit, your rights and responsibilities are usually transferred to the person to whom you are assigning the agreement. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl19.pdf Policy Guideline 19] for more information.

'''Exception:''' The sublet and assignment rules in the ''RTA'' do not apply to non-profit housing that falls under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section2 section 2] of the ''Residential Tenancy Regulation''.

===Landlord breach of a material term===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section45 section 45(3)] of the ''RTA'', you can consider ending your tenancy early if your landlord has breached a “material term” and failed to correct the situation within a reasonable period after receiving your written warning. According to RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl08.pdf Policy Guideline 8], a material term is a term that is so important that even the simplest breach or violation may give you the right to end the tenancy. The ''RTA'' does not define “material term”, since the same term could be considered material in one tenancy but not another. If you end your tenancy due to breach of a material term, your landlord may apply for a monetary order against you, so be prepared to convince an arbitrator that there was no way your tenancy could have continued. Alternatively, you can apply for dispute resolution to request permission to end your tenancy early.

===Family violence or long-term care===

Tenants can end a fixed term tenancy early by providing one month written notice if they:
* need to leave their rental unit to protect themselves or their children from family violence;
* have been assessed as requiring long-term care; or
* have been accepted into a long-term care facility.

To legally end a tenancy in these circumstances, you must provide your landlord with a completed RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb49.pdf “Ending Fixed Term Tenancy Confirmation Statement”], signed by an authorized third-party verifier.

When ending a tenancy early due to family violence, here are some common examples of third party verifiers:
* medical practitioner;
* nurse practitioner;
* psychologist;
* social worker;
* police officer;
* counsellor;
* practising lawyer; or
* victim court support caseworker;

When ending a tenancy early due to long-term care, here are some common examples of third party verifiers:
* medical practitioner;
* nurse practitioner;
* psychologist;
* social worker;
* manager of a long-term care facility; or
* occupational therapist.

For more information on this topic, including a full list of all third-party verifiers, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#part7 Part 7 of the Residential Tenancy Regulation].

==Cleaning responsibilities==

Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf Policy Guideline 1] provides an overview of your responsibility to clean your rental unit when moving out. Here are some examples of areas in your rental unit that you are expected to clean:
* the inside and outside of appliances, such as the stove, fridge, and dishwasher;
* behind and underneath the fridge and stove, if they are on rollers and can be pulled out;
* floors and wall vents;
* the insides of all your windows and doors;
* the outside of any sliding glass doors or balcony windows;
* blinds and window coverings;
* walls and baseboards;
* any fireplace you used, as well as its screen, vent, or fan; and
* if your tenancy was at least one year, or you smoked or had pets, the carpets should be steam cleaned or shampooed.

==Move-out condition inspection reports==

At the end of your tenancy, you and your landlord should walk through your rental unit and complete a move-out condition inspection report. This is a chance to fill out a checklist and document the condition of your home. Completing this report when you move in and move out will help determine how much damage, if any, has been caused during your tenancy.

===Approved forms===

There is a good chance your landlord will use the standard Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb27.pdf Condition Inspection Report]. However, if they choose to use their own custom form, it should still contain all the information required by [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section20 section 20] of the ''Residential Tenancy Regulation (RTR)'' – just like the standard RTB form.

===Scheduling an inspection===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section17 section 17] of the ''RTR'', your landlord must offer you at least two opportunities – between 8am and 9pm – to complete the move-out condition inspection. If you do not accept their first offer, your landlord is required to serve you with the RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb22.pdf “Notice of Final Opportunity to Schedule a Condition Inspection”]. If you are still unavailable for the second opportunity, you can have someone else participate on your behalf. Even if you are able to participate in the inspection, you may want to consider bringing a friend or family member as a witness. Ideally, the move-out condition inspection report should be completed on the day your tenancy ends, once all your belongings have been removed from the rental unit. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section35 section 35] of the ''Residential Tenancy Act'' for more information.

===Participating in the inspection===

It can be a good idea to take photos and videos during the inspection, especially if you disagree with your landlord about the condition of your rental unit. Once you have completed the condition inspection, make sure to sign and date the report. If you disagree with your landlord about any part of the inspection, there should be space on the form to list your concerns. If you do not sign the report because you disagree with it, it may be difficult to prove that you participated in the inspection. Your landlord must give you a copy of the completed report within 15 days of completing the inspection. Keep your copy in a safe place and take photos for added protection.

==Getting your deposit returned==

If you would like to have your deposit returned, the first step is to provide your landlord with a forwarding address in writing indicating where your deposit can be sent. Make sure to have evidence that you provided your forwarding address, such as a witness or registered mail confirmation. You should also have the option to list your forwarding address on the move-out condition inspection report.

Once you have provided your forwarding address in writing and your tenancy has officially ended, your landlord has 15 days to take one of the following three actions:
# return your deposit;
# get your written permission to keep some or all of your deposit; or
# apply for dispute resolution to keep some or all of your deposit.

Your landlord can return your deposit by delivering it in person, mailing it, leaving it in your mailbox or mail slot, or sending it electronically. If your landlord returns your deposit by electronic means, they are not allowed to charge a fee.

Your landlord cannot simply decide on their own to keep your deposit. If they want it, they need written permission from either you or the Residential Tenancy Branch. After 15 days, if your landlord has not returned your deposit, obtained your written consent, or applied for dispute resolution, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section38 section 38] of the ''Residential Tenancy Act (RTA)'' gives you the right to go after your landlord through dispute resolution for double the amount of your deposit.

'''Condition inspection reports:''' If your landlord does not give you a chance to participate in a move-in or move-out condition inspection, or does not provide you with a copy of either report within the required timelines, they lose the right to claim against your security or pet damage deposit for damage to the rental unit. Conversely, if you fail to participate in an inspection after receiving two opportunities, you may lose the right to have your deposit(s) returned. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section24 sections 24] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section36 36] of the ''RTA'' for more information.

{{Tenant Survival Guide Navbox}}

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|title = Tenant Survival Guide
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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Moving Out When Renting

2021-05-25T17:54:54Z

Andrew Sakamoto: /* Serving documents */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' give one month notice to end your month-to-month tenancy no later than the day before your rent is due. Failing to do so could result in you owing an extra month of rent.

'''DO NOT:''' use email, text messaging, or social media when providing your one-month notice to move out. The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'' does not accept those forms of digital communication for such notice.

==Giving notice to move out==

[[File:Tenant moving out.jpg | left | frame | link= ]]

===Month-to-month tenancies===

If you have a month-to-month agreement, you can end your tenancy by giving one-month notice no later than the day before your rent is due. For example, if you pay rent on the first day of the month and want to move out by May 31st, your notice must be received by your landlord no later than April 30th.

Your notice must be in writing, so avoid email, text messaging, and social media. Instead, give your landlord a signed and dated letter with your name, signature, address, and move-out date, as set out in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section52 section 52] of the ''RTA''. Make sure to keep a copy in a safe place and take photos for added protection.

===Fixed term tenancies===

If you have a fixed term agreement, giving notice to end your tenancy is a little more complicated. Since you have entered into a legal contract for a fixed amount of time, you are generally not allowed to give notice to move out before the end of your term.

Most fixed term tenancies convert to month-to-month tenancies at the end of the term. However, if you plan to move out at the end of the term rather than have your tenancy continue, you must provide one-month notice in writing no later than the day before your rent is due – just like month-to-month agreements.

'''Vacate clauses:''' Vacate clauses can only be used in situations listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section13.1 section 13.1] of the ''Residential Tenancy Regulation''. If your agreement has a vacate clause, you do not have to give proper notice before moving out, since you already agreed to your move-out date when signing your tenancy agreement.

===Changing your mind===

Unless you obtain your landlord’s permission in writing, you are not allowed to change your mind once you have provided proper written notice to end your tenancy. If your landlord suspects that you will not move out as planned, they can apply for an Order of Possession that will take effect on the date you are supposed to leave.

==Serving documents==

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section88 Sections 88-90] of the ''Residential Tenancy Act (RTA)'' cover the rules about how tenants and landlords can give, or “serve”, forms and notices to each other. When it comes to serving your one month written notice, or any other type of form or notice, you should avoid email, text messaging, and social media, and instead use one of the following methods:
#'''In person:''' You can serve documents in person to your landlord, an adult who lives with your landlord, or an agent of your landlord. If possible, bring a witness so you have proof that your documents were served properly. Write the date, time, and location of delivery on your copy of the documents and have your witness sign them. The RTA says that a document delivered in person is considered received that same day.
#'''Email:''' You can email a copy of your documents to an email address provided as an address for service by your landlord. The RTA says that a document delivered by email is considered received on the third day after being emailed.
#'''Post the notice:''' You can attach your written notice in a visible spot at your landlord’s home, or the place where they carry out business as a landlord. For example, you can tape the notice to your landlord’s door. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of delivery on your copy of the notice and have your witness sign it. Do not slide the notice under your landlord’s door. The ''RTA'' says that a posted notice is considered received on the third day after being posted.
#'''Mailbox or mail slot:''' You can put documents in the mailbox or mail slot at your landlord’s home, or the place where they carry out business as a landlord. If possible, bring a witness so you have proof that your documents were served properly. Write the date, time, and location of delivery on your copy of the documents and have your witness sign them. The RTA says that a notice left in the mailbox or mail slot is considered received on the third day after being left.
#'''Fax:''' You can serve your written notice by fax, if your landlord has provided you with a fax number for serving documents. Keep the confirmation printout showing the date and time the fax was sent. The ''RTA'' says that a faxed notice is considered received on the third day after being faxed.
#'''Mail:''' You can serve your written notice using regular or registered mail. If you want proof that your landlord received the notice, send it by registered mail so that Canada Post can give you confirmation. The ''RTA'' says that a mailed notice is considered received on the fifth day after being mailed.

'''Proof of Service:''' It is important to always have proof that you served a document properly. To help with this, consider using the Small Claims Court form, [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl004f.pdf “Certificate of Service”].

'''Rebuttable presumption:''' When determining the date a document is legally considered received, there is always a “rebuttable presumption”. This means that even though the ''RTA'' has rules about when documents are considered received, they may not apply if there is evidence of the document being received on a different date. For example, if you mail a notice to your landlord and get email confirmation that they received it three days later, an argument could be made that it was received after three days rather than five days.

==Special service rules for certain documents ==

Most documents can be served in any of the ways listed above, but there are some exceptions. For tenants, there are two types of documents where special rules apply – an application for dispute resolution and a notice from an arbitrator to review a decision or order. These types of documents can only be served in a limited number of ways:
# by leaving a copy with the landlord;
# by leaving a copy with an agent of the landlord; or
# by sending a copy by registered mail to the address at which the landlord lives, or to the address at which the landlord carries on business as a landlord;

This is a complicated topic and there are additional special rules about serving documents. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section89 section 89] of the ''Residential Tenancy Act'' and Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl12.pdf Policy Guideline 12] for more information.

===Emails, texts, and social media===

The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' does not recognize email, text messaging, and social media as acceptable methods of service. This means that when an official Residential Tenancy Branch (RTB) form must be served, or the ''RTA'' requires that something be done “in writing”, it is always safest to rely on hardcopy documents rather than email, text messaging, and social media. Landlords should never attach an eviction notice to an email, and tenants should never text their one-month notice to move out. If these issues ended up in dispute resolution, an arbitrator may rule that the documents were improperly served. That being said, if you receive a document that was not served properly, the safest option is to not ignore it. For example, if your landlord emails you an eviction notice, you should consider disputing it through the RTB so that an arbitrator can dismiss it and instruct your landlord to not illegally evict you.

While hardcopy documents should always be used when serving official RTB forms and notices that are legally required to be given “in writing”, email, text messaging, and social media may be acceptable when it comes to more general correspondence. For example, since there is no official RTB form for requesting repairs, a series of emails showing your landlord’s neglect for a repair request might be accepted as evidence at dispute resolution – as long as you can prove that your landlord received the emails. When it comes to email, text messaging, and social media evidence at dispute resolution, the arbitrator handling your case will always have the final say on whether or not to accept the evidence.

==Illegally breaking a lease==

If you move out before the end of your fixed term tenancy – often referred to as “breaking a lease” – your landlord may be entitled to some money, depending on how much rental income they lost and whether they made reasonable efforts to find a replacement tenant.

===Consequences for breaking a lease===

You may have to pay your landlord some money if you end your fixed term tenancy early, but it is not as simple as automatically owing the remaining months of rent. Once you have broken your lease, your landlord has a legal responsibility to minimize your loss, or “mitigate”, by trying to re-rent your unit at a fair price. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl05.pdf Policy Guideline 5] for more information.

If your landlord is forced to re-rent your unit at a $25 discount to secure a replacement tenant, they could be entitled to $25 per month over the remaining term of your agreement. However, if your landlord can re-rent your unit for more than what you were paying, that additional money they will earn over the remaining months of your agreement can be applied to, or “set off” against, any other money you owe your landlord for unpaid rent or damages. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl03.pdf RTB Policy Guideline 3] for more information.

If your landlord applies for a monetary order against you but cannot prove that they made an honest attempt to re-rent your unit, you may not be required to pay for any of their lost rental income. This means that if your landlord refused to show your unit to potential tenants, never posted an advertisement, or had too high of an asking price, they may not be entitled to any monetary compensation.

'''Liquidated damages:''' If you break a lease that includes a “liquidated damages” clause, you could be held responsible for the costs associated with finding a replacement tenant. A liquidated damages clause cannot be unreasonably high, especially considering the number of free online advertising options that are available. Liquidated damages is supposed to be a reasonable pre-estimate of the cost of re-renting a unit – not a penalty for breaking a lease. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl04.pdf RTB Policy Guideline 4] for more information.

==Alternatives to breaking a lease==

If you must end your tenancy early, there are a few options to consider before packing up and leaving. Depending on your situation, you may be able to end your tenancy without having to illegally break your lease.

===Mutual agreement to end tenancy===

Your landlord may simply agree to end your tenancy early. To help convince them, offer to help find a new tenant by advertising your rental unit and making it accessible for regular viewings. The Residential Tenancy Branch (RTB) offers a standard [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy”] form.

===Sublet / assignment===

You might be able to sublet or assign your tenancy agreement. A sublet occurs when a tenant temporarily moves out and rents their unit to a subtenant until they return, whereas an assignment occurs when a tenant permanently moves out and transfers their agreement to a new tenant. To sublet or assign your tenancy agreement, you must have your landlord’s written consent. However, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section34 section 34(2)] of the ''Residential Tenancy Act (RTA)'', if your fixed term tenancy agreement has at least six months remaining on it, your landlord cannot unreasonably withhold their consent. If you believe your landlord is unreasonably withholding consent, you have the right to apply for dispute resolution to ask for an order allowing you to sublet or assign your tenancy.

There are important differences between sublets and assignments. When you sublet a rental unit, you retain rights and responsibilities associated with that tenancy agreement. However, when you assign a rental unit, your rights and responsibilities are usually transferred to the person to whom you are assigning the agreement. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl19.pdf Policy Guideline 19] for more information.

'''Exception:''' The sublet and assignment rules in the ''RTA'' do not apply to non-profit housing that falls under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section2 section 2] of the ''Residential Tenancy Regulation''.

===Landlord breach of a material term===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section45 section 45(3)] of the ''RTA'', you can consider ending your tenancy early if your landlord has breached a “material term” and failed to correct the situation within a reasonable period after receiving your written warning. According to RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl08.pdf Policy Guideline 8], a material term is a term that is so important that even the simplest breach or violation may give you the right to end the tenancy. The ''RTA'' does not define “material term”, since the same term could be considered material in one tenancy but not another. If you end your tenancy due to breach of a material term, your landlord may apply for a monetary order against you, so be prepared to convince an arbitrator that there was no way your tenancy could have continued. Alternatively, you can apply for dispute resolution to request permission to end your tenancy early.

===Family violence or long-term care===

Tenants can end a fixed term tenancy early by providing one month written notice if they:
* need to leave their rental unit to protect themselves or their children from family violence;
* have been assessed as requiring long-term care; or
* have been accepted into a long-term care facility.

To legally end a tenancy in these circumstances, you must provide your landlord with a completed RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb49.pdf “Ending Fixed Term Tenancy Confirmation Statement”], signed by an authorized third-party verifier.

When ending a tenancy early due to family violence, here are some common examples of third party verifiers:
* medical practitioner;
* nurse practitioner;
* psychologist;
* social worker;
* police officer;
* counsellor;
* practising lawyer; or
* victim court support caseworker;

When ending a tenancy early due to long-term care, here are some common examples of third party verifiers:
* medical practitioner;
* nurse practitioner;
* psychologist;
* social worker;
* manager of a long-term care facility; or
* occupational therapist.

For more information on this topic, including a full list of all third-party verifiers, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#part7 Part 7 of the Residential Tenancy Regulation].

==Cleaning responsibilities==

Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf Policy Guideline 1] provides an overview of your responsibility to clean your rental unit when moving out. Here are some examples of areas in your rental unit that you are expected to clean:
* the inside and outside of appliances, such as the stove, fridge, and dishwasher;
* behind and underneath the fridge and stove, if they are on rollers and can be pulled out;
* floors and wall vents;
* the insides of all your windows and doors;
* the outside of any sliding glass doors or balcony windows;
* blinds and window coverings;
* walls and baseboards;
* any fireplace you used, as well as its screen, vent, or fan; and
* if your tenancy was at least one year, or you smoked or had pets, the carpets should be steam cleaned or shampooed.

==Move-out condition inspection reports==

At the end of your tenancy, you and your landlord should walk through your rental unit and complete a move-out condition inspection report. This is a chance to fill out a checklist and document the condition of your home. Completing this report when you move in and move out will help determine how much damage, if any, has been caused during your tenancy.

===Approved forms===

There is a good chance your landlord will use the standard Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb27.pdf Condition Inspection Report]. However, if they choose to use their own custom form, it should still contain all the information required by [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section20 section 20] of the ''Residential Tenancy Regulation (RTR)'' – just like the standard RTB form.

===Scheduling an inspection===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section17 section 17] of the ''RTR'', your landlord must offer you at least two opportunities – between 8am and 9pm – to complete the move-out condition inspection. If you do not accept their first offer, your landlord is required to serve you with the RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb22.pdf “Notice of Final Opportunity to Schedule a Condition Inspection”]. If you are still unavailable for the second opportunity, you can have someone else participate on your behalf. Even if you are able to participate in the inspection, you may want to consider bringing a friend or family member as a witness. Ideally, the move-out condition inspection report should be completed on the day your tenancy ends, once all your belongings have been removed from the rental unit. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section35 section 35] of the ''Residential Tenancy Act'' for more information.

===Participating in the inspection===

It can be a good idea to take photos and videos during the inspection, especially if you disagree with your landlord about the condition of your rental unit. Once you have completed the condition inspection, make sure to sign and date the report. If you disagree with your landlord about any part of the inspection, there should be space on the form to list your concerns. If you do not sign the report because you disagree with it, it may be difficult to prove that you participated in the inspection. Your landlord must give you a copy of the completed report within 15 days of completing the inspection. Keep your copy in a safe place and take photos for added protection.

==Getting your deposit returned==

If you would like to have your deposit returned, the first step is to provide your landlord with a forwarding address in writing indicating where your deposit can be sent. Make sure to have evidence that you provided your forwarding address, such as a witness or registered mail confirmation. You should also have the option to list your forwarding address on the move-out condition inspection report.

Once you have provided your forwarding address in writing and your tenancy has officially ended, your landlord has 15 days to take one of the following three actions:
# return your deposit;
# get your written permission to keep some or all of your deposit; or
# apply for dispute resolution to keep some or all of your deposit.

Your landlord can return your deposit by delivering it in person, mailing it, leaving it in your mailbox or mail slot, or sending it electronically. If your landlord returns your deposit by electronic means, they are not allowed to charge a fee.

Your landlord cannot simply decide on their own to keep your deposit. If they want it, they need written permission from either you or the Residential Tenancy Branch. After 15 days, if your landlord has not returned your deposit, obtained your written consent, or applied for dispute resolution, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section38 section 38] of the ''Residential Tenancy Act (RTA)'' gives you the right to go after your landlord through dispute resolution for double the amount of your deposit.

'''Condition inspection reports:''' If your landlord does not give you a chance to participate in a move-in or move-out condition inspection, or does not provide you with a copy of either report within the required timelines, they lose the right to claim against your security or pet damage deposit for damage to the rental unit. Conversely, if you fail to participate in an inspection after receiving two opportunities, you may lose the right to have your deposit(s) returned. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section24 sections 24] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section36 36] of the ''RTA'' for more information.

{{Tenant Survival Guide Navbox}}

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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Finding Rental Housing

2020-09-17T23:14:59Z

Andrew Sakamoto: /* Personal information */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' trust your instincts. If a potential landlord asks for illegal personal information, think twice about filling out an application.

'''DO NOT:''' sign a tenancy agreement that you do not understand or have not fully read.

==Budgeting for rental housing==

When searching for rental housing, it is important to calculate how much money you can afford to pay each month. Your basic rent is an obvious expense, but there are still other monthly and one-time expenses to consider.

[[File:tenant laundry.png | left | frame | link= ]]

===Monthly expenses===

Here are some examples of monthly expenses that may or may not be included as part of your rent:
* utilities, such as electricity, heating, and hot water;
* TV, internet, and phone services;
* coin-operated laundry;
* transit pass;
* parking fee or permit; and
* tenant insurance.

===One-time expenses===

Here are some examples of one-time expenses that you may need to pay at the start of your tenancy:
* security deposit;
* pet damage deposit;
* deposits to utility companies;
* installation / activation fees to utility companies;
* deposits to telecommunication companies;
* installation / activation fees to telecommunication companies;
* moving truck;
* boxes and supplies to pack your belongings;
* new appliances, such as a microwave, barbeque, and TV; and
* new furniture, such as a bed, couch, and dresser.

==Identifying rental needs and preferences==

Deciding where to apply for rental housing can be overwhelming. To help focus your search, think about your rental needs and preferences. Consider ranking the following factors:
* distance to work, school, shopping, and friends;
* access to public transit;
* size of the unit;
* type of property;
* type of neighbourhood;
* nearby amenities;
* smoking / non-smoking rules;
* pet policies;
* roommate restrictions;
* accessibility requirements; and
* safety concerns.

==Searching for rental housing==

Search popular rental websites such as [https://vancouver.craigslist.ca/ Craigslist], [https://www.kijiji.ca/ Kijiji], and [https://www.padmapper.com/ Padmapper], but also expand your search beyond the internet. Not all landlords know how to advertise their rental units online, so look out for bulletin board postings at coffee shops, “vacancy” signs outside buildings, and listings in your local newspaper. It can also be wise to get the word out within your network of family, friends, coworkers, teams, and clubs. Even strangers or acquaintances may have a lead on your future home, so consider mentioning your housing search when buying groceries, getting a haircut, or settling your bill at a restaurant.

===Application fees===

In BC’s competitive rental housing market, some landlords try asking for illegal application fees. According to section 15 of the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'', landlords cannot charge a fee for:
* accepting an application;
* processing an application;
* investigating an applicant’s suitability as a tenant; or
* accepting a person as a tenant.

This practice is illegal even if a landlord ends up returning the fee to rejected applicants, or applying the fee to the security deposit of successful applicants.

===Rental scams===

Craigslist, Kijiji, and PadMapper have a lot of legitimate rental listings, but you need to be careful of scams. Never send money to someone you have yet to meet, and never pay a deposit before you have viewed the rental unit. If you are suspicious of a potential landlord, trust your instincts.

To avoid rental scams, ask yourself the following questions:
* Is the rent suspiciously low? How much do similar rental units in the neighbourhood cost?
* Are you being asked to mail your deposit in cash, or send it electronically?
* Is the person you are contacting not willing to arrange an in-person viewing?
* Does the person you are contacting seem too eager? Most landlords will ask for references and/or a credit check before committing to a tenant.
* What do the neighbours say? Depending on the type of housing, you may be able to ask people living nearby about the owner and property.

'''Newcomers to BC:''' If you are moving to BC and want to have a home lined up for when you arrive, ask someone you trust to view rental units and meet with potential landlords before accepting any offers. Alternatively, consider staying in a hotel or hostel until you have personally taken the time to find a new home.

==Viewing a rental unit==

Finding a rental unit in BC can be challenging, as you will most likely be competing against several other applicants for the same housing. When attending a viewing, do your best to stand out from the crowd by making a good first impression, coming prepared with relevant documents, and asking the right questions.

===How to make a good first impression===

Here are a few tips to consider when viewing a rental unit:
* arrive on time;
* dress business-casual;
* avoid clothing with tears and controversial slogans or logos;
* minimize strong smells of perfume or cologne;
* do not smoke or drink alcohol before the viewing;
* introduce yourself and shake the landlord’s hand;
* take your shoes off when touring the property (and remember to wear socks);
* strike up a conversation and try to find some common interests; and
* thank the landlord for showing you their rental unit and answering your questions.

===What to bring===

Consider bringing the following to a viewing:
* cover letter;
* references;
* credit check;
* pet resume;
* ''[https://www.rentingitright.ca/ Renting It Right]'' certificate;
* tape measure and furniture dimensions; and
* friend or family member.

===What to ask===

Consider asking the following questions during a viewing:
* Does the rental unit follow local bylaws? For example, is the rental unit an illegal suite?
* Does the place include appliances and amenities, or has it been “staged” for the viewing?
* Are the neighbours generally quiet and respectful?
* Is the building soundproofed, or is it common to hear noise from other units?
* Has there been a history of bed bugs, other infestations, or illegal activity?
* Is there public transit nearby?
* What are the rules about smoking, pets, roommates, and accessibility?
* Is there laundry available in-suite, or at least somewhere on the property?
* Are there designated parking spots for tenants, or is there only street parking?
* Is storage room available on the property?
* Are there any fees for parking, storage, or laundry?
* Is the heat for the unit controlled from within the unit or from within a different unit?

==Personal information==

Landlords in BC must follow the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/03063_01 Personal Information and Protection Act]'', which outlines the rules for collecting, using, storing, disclosing, and protecting a tenant’s personal information. The [https://oipc.bc.ca Office of the Information and Privacy Commissioner for BC] (OIPC) has developed a helpful [https://www.oipc.bc.ca/guidance-documents/2332 guidance document] that explains these rules in plain language. This ''Tenant Survival Guide'' covers only the basics of personal information, so contact the OIPC or view their guidance document at for more information.

===Information landlords can ''always'' ask===

According to the OIPC, landlords can '''always''' ask for the following information:
* name and proof of identity;
* contact information;
* name of current and previous landlords;
* eviction history;
* addresses of previous residences and how long you lived there;
* reason(s) for leaving previous residences;
* pet information;
* expected length of tenancy;
* consent for a criminal record check; and
* number of occupants.

===Information landlords can ''sometimes'' ask===

According to the OIPC, landlords can '''sometimes''' ask for the following information:
* birth date;
* age of unit occupants;
* social insurance number (SIN);
* non-landlord (personal) references;
* amount of current or previous rent;
* current employment and salary information;
* consent for a credit check;
* bank statements; and
* federal tax assessments.

Whether or not a landlord can ask for this information will depend on the situation. For example, a landlord may be allowed to ask you for pay stubs, bank statements, income tax assessments or consent for a credit check, but only if you are unable to provide satisfactory references or employment and income verification.

'''Social Insurance Number (SIN):''' If a landlord has grounds to ask for a credit check, they will probably ask for your birth date and SIN. To avoid having to provide your SIN, consider obtaining a free credit check on yourself and distributing copies to potential landlords. Contact [https://consumer.equifax.ca Equifax] or [https://transunion.ca TransUnion] for more information.

===Information landlords can (almost) ''never'' ask===

According to the OIPC, landlords can almost '''never''' ask for the following information:
* consent to collect personal information “from other sources”;
* proof of insurance;
* driver’s licence number;
* whether any intended occupants smoke;
* vehicle information;
* banking history;
* marital status;
* credit card number; and
* emergency contact info.

==Discrimination==

According to [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01#section10 section 10] of the ''BC Human Rights Code'', a landlord may not refuse to rent to you because of your:
* race;
* colour;
* ancestry;
* place of origin;
* religion;
* marital status;
* family status;
* physical or mental disability;
* sex;
* sexual orientation;
* age (if 19 or older); or
* lawful source of income.

If you think you may have been discriminated against, contact the [https://bchrc.netBC Human Rights Clinic] at 1-855-685-6222.

===A closer look===

'''Family status:''' Landlords can restrict the number of occupants in your rental unit, but they are not allowed to refuse to rent to you because you have children. If you are searching for housing with a boyfriend or girlfriend, a landlord cannot refuse to rent to you because you are unmarried.

'''Lawful source of income:''' Landlords are not allowed to discriminate based on your source of income, as long as it is legal. For example, you cannot be refused a tenancy because you receive income from welfare, disability benefits, or student loans.

'''Age:''' [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section3 Section 3] of the ''Residential Tenancy Act (RTA)'' allows landlords to rent to minors (under age 19). If you are a minor who has entered into a tenancy agreement with a landlord, you have all the same rights and responsibilities as any other tenant protected by the ''RTA''. However, if you are under age 19, landlords are allowed to lawfully discriminate and not rent to you because of your age.

===Exceptions===

There are a few exceptions to the protected grounds listed in [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01#section10 section 10] of the ''BC Human Rights Code''. The laws about discrimination may not apply if:
* the applicant will be sharing sleeping, bathroom, or cooking facilities with another person;
* the building is designated for adults age 55 and older; or
* the unit has the required permits to be designated for people with disabilities.

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
|author =
}}

__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Preparing to Rent

2020-09-17T23:13:43Z

Andrew Sakamoto: /* The law in BC */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' educate yourself about renting in BC. Read this ''Tenant Survival Guide'' and complete TRAC’s online course, ''[https://rentingitright.ca Renting It Right]''.

'''DO NOT:''' forget that by signing a tenancy agreement you are entering into a legal contract. Protect yourself by learning about your rights and responsibilities under the ''Residential Tenancy Act''.

[[File:Tenant looking for rental.jpg | right | frame | link= ]]

==The law in BC==

If you pay rent for your home, you are most likely protected by the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' – the law that outlines tenants’ and landlords’ rights and responsibilities. The ''RTA'' is a provincial law that applies only to British Columbia (BC). If you have rented in other provinces or countries, do not assume that the same rules apply. After reading this ''Tenant Survival Guide'', you may be surprised at how BC’s tenancy laws differ from tenancy laws around the world.

One of the most important things to understand about the ''RTA'' is that it cannot be avoided. All tenants are guaranteed certain legal rights by law, regardless of what their tenancy
agreement says. According to section 5 of the ''RTA'', any term of an agreement that “contracts out” of the ''RTA'' is considered unenforceable. If your landlord tries to unfairly reduce your
rights in this way, contact the Tenant Resource & Advisory Centre (TRAC) or the Residential Tenancy Branch (RTB) for more information.

The RTB is the department of the provincial government in charge of residential tenancy law. The most important service they provide is dispute resolution, which is essentially BC’s
tenant-landlord “court”. With over 1.5 million tenants living in BC, there is never a shortage of residential tenancy law disputes. When tenants and landlords cannot resolve disputes
on their own, they can apply for dispute resolution to have an “arbitrator” make a legally-binding decision on their behalf. The RTB also offers tenants and landlords the following services and resources:

* legal information in person, over the phone, and by email;
* [http://www.gov.bc.ca/landlordtenant website] and social media;
* online tools, such as [https://www2.gov.bc.ca/gov/content?id=F49014A2C3B14F0391D3BE209E32B427 Calculators];
* [https://www2.gov.bc.ca/gov/content?id=49B9F45B33D040A3BCD1498D604B48AB online application] process for dispute resolution;
* approved residential tenancy [https://www2.gov.bc.ca/gov/content?id=8CF94F8057DF4E379952D016750480CA forms];
* [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] for Dispute Resolution; and
* [https://www2.gov.bc.ca/gov/content?id=C9E865601539459690DEF276FFEF09CA Policy Guidelines] on key topics.

==Are you covered by the law?==

When renting a home in BC, you want to be covered by the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]''. If the ''RTA'' does not apply to your living situation, you will still have certain rights under common law, but they will be less clear and harder to enforce. The Tenant Resource & Advisory Centre (TRAC) and Residential Tenancy Branch (RTB) can only provide legal
assistance to tenants and landlords protected by the ''RTA''.

===Housing ''not'' covered by the ''RTA''===

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section4 Section 4] of the ''RTA'' lists the types of living situations not covered by the ''RTA'':

* accommodation where the tenant shares a bathroom or kitchen with the owner of the property;
* accommodation provided to a student or employee by their school;
* accommodation included with property occupied primarily for business purposes and rented under a single agreement;
* vacation or travel accommodation;
* emergency shelters and transitional housing;
* correctional institutions;
* rental agreements with terms of 20 years or longer;
* accommodation rented by a housing cooperative, or “co-op”, to a member of the cooperative;
* accommodation in a housing-based health facility that provides hospitality support services and personal health care;
* accommodation made available in the course of providing rehabilitative or therapeutic treatment or services;
* housing that falls under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/02075_01 Community Care and Assisted Living Act]'', ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96070_01 Continuing Care Act]'', or ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96200_01 Hospital Act]''; and
* accommodation, if designated under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96288_01 Mental Health Act]'', in a Provincial mental health facility, an observation unit, or a psychiatric unit.

If the ''RTA'' does not cover your living situation, you will not be able to apply for dispute resolution through the RTB. Instead, you may need to use [http://www.smallclaimsbc.ca/ Small Claims Court], the [https://civilresolutionbc.ca/ Civil Resolution Tribunal], or [https://www.courts.gov.bc.ca/supreme_court/ BC Supreme Court].

'''Occupants / Roommates:''' There is another living situation that may not be covered by the ''RTA'', but is also not mentioned in section 4. If you rent from a tenant with whom you live, you may not be protected. This type of setup is common in shared houses where a “head-tenant” rents out a room to a roommate. Unless the landlord agrees to add the new roommate as a “tenant”, that person will most likely be considered an “occupant/roommate” and not be covered under the ''RTA''. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl19.pdf Policy Guideline 19] for more information.

If you currently rent a room from a tenant with whom you live, consider speaking to their landlord about being added to your roommate’s tenancy as a “co-tenant”, or signing a separate agreement. If that is not possible, you and the tenant to whom you pay rent can consider signing a contract that outlines the rules you both agree to follow. This will offer some legal protection, even though your situation is not covered by the ''RTA''.

'''Manufactured (Mobile) Homes:''' Manufactured Home Park Tenancies, also known as mobile home tenancies, ''may or may not be covered by the RTA''. If you own a mobile home and rent the land it sits on, your tenancy falls under the ''[http://www.bclaws.ca/Recon/document/ID/freeside/00_02077_01 Manufactured Home Park Tenancy Act] (MHPTA)''. However, if you rent a mobile home within a manufactured home park, your tenancy falls under the ''RTA''. As long as you are covered by either the ''RTA'' or ''MHPTA'', you can access the RTB’s resources, including dispute resolution.

===Housing covered by the ''RTA''===

The good news is that most rental housing in BC is protected by the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]''. Tenants most commonly live in apartment buildings or rented houses, including secondary suites, but the ''RTA'' can apply to other types of housing too. Rented co-op units, hotel tenancies, illegal secondary suites, rental units on “lands reserved for Indians”, strata buildings (condos or townhomes), subsidized housing, and verbal tenancies can all be covered by the ''RTA'', to varying degrees. These types of tenancies may involve additional laws and governing bodies and can present complex scenarios for tenants and landlords.

'''Cooperative Housing:''' The ''RTA'' does not apply to accommodation rented by a housing cooperative, or “co-op”, to a member of the cooperative. However, if you rent from a member of a co-op, and are not a member yourself, you will most likely be protected by the ''RTA''.

'''Hotels and Single Room Occupancies (SROs):''' Hotels are covered by the ''RTA'', if a tenancy has been established and the property is the tenant’s primary and permanent home. You have probably heard of a specific type of hotel known as a Single Room Occupancy Hotel, or “SRO”. These are commonly found in Vancouver’s Downtown Eastside and provide short-term or long-term housing to low income tenants. Like standard hotels, SROs are covered under the ''RTA'', if there is a tenancy agreement in place and the property is the tenant’s primary and permanent home. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl27.pdf Policy Guideline 27] for more information.

'''Illegal Secondary Suites:''' A secondary suite could be a basement suite, laneway house, or other unit that is on the same property as a residential house. If a secondary suite does not comply with zoning and bylaw requirements, or has not been registered with the City, it may be considered an “illegal suite”.

The most important thing to remember about illegal suites is that they are covered by the ''RTA''. That being said, it is not ideal to be living in one, as your housing could be at risk if your City finds out about the suite. This can sometimes happen if a dispute with a neighbour turns into a complaint to the City, or if you go to the City seeking help with repair or maintenance concerns.

When a City discovers an illegal suite, they may decide to shut it down. If this is the case, you will be given 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'' and your landlord will most likely not be responsible for paying any of your moving expenses.

'''Rentals on “Lands Reserved for Indians”:''' If you are renting a home on “lands reserved for Indians” (Reserve Lands) as defined by section 91(24) of the ''Constitution Act'', the ''RTA'' may partially apply. Any disputes over use and possession of Reserve Lands, such as eviction, fall under the authority of the Federal Government – not the provincial RTB. However, the ''RTA'' may apply to a situation involving a monetary claim, such as the return of a security deposit, but only if the landlord is not an Indian or Indian Band, as defined by the ''Indian Act''. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl27.pdf Policy Guideline 27] for more information.

'''Strata Buildings (Condos or Townhomes):''' In strata buildings, owners own individual units but share ownership of the common space. When you rent a strata property from an owner, you are covered by both the ''RTA'' and ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act] (SPA)''. All strata buildings have a set of bylaws and rules that owners and tenants must follow. When entering into a tenancy, your landlord should have you sign a [http://www.bclaws.ca/Recon/document/ID/freeside/12_43_2000#FormKNoticeofTenant'sResponsibilities "Form K"], which indicates that you have been notified of the current bylaws and rules. Even though you are not an owner, you may still be subject to fines or fees. For example, you might have to pay fees when moving in and moving out according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section7 section 7(f)] of the ''Residential Tenancy Regulation'', or you may have to pay fines levied by the strata corporation if you disturb neighbours or damage property according to [http://www.bclaws.ca/civix/document/id/complete/statreg/98043_07#section131 section 131] of the ''SPA''.

A strata corporation can also try to evict a tenant under [http://www.bclaws.ca/civix/document/id/complete/statreg/98043_07#section138 section 138] of the SPA by serving a One Month Notice for Cause under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''RTA''. However, even though this section exists in the ''SPA'', the RTB has been known to deny jurisdiction in such cases at dispute resolution, claiming that a strata corporation does not fit the definition of “landlord” in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section1 section 1] of the ''RTA''. This is a grey area of the law where the ''SPA'' and ''RTA'' somewhat contradict each other. If you receive an eviction notice from a strata corporation, the safest action is to not ignore it. Instead, apply for dispute resolution and allow an arbitrator to rule on the matter.

'''Subsidized Housing:''' The term “subsidized housing” generally applies to any housing where the government provides monetary assistance to lower the rent. Unless you are a member of a housing cooperative, or “co-op”, subsidized housing is covered by the ''RTA''. Here are the most common types of subsidized housing:
* Public housing: a government department, BC Housing, manages rental units for low-income families, seniors, and people with disabilities.
* Non-profit housing: non-profit organizations receive government money to manage subsidized rental units for tenants throughout the province.
* Rental supplements:
** [https://www.bchousing.org/housing-assistance/rental-assistance-financial-aid-for-home-modifications/shelter-aid-for-elderly-renters Shelter Aid for Elderly Renters] (SAFER) – cash assistance for eligible BC residents who are age 60 or over and pay rent for their homes.
** [https://www.bchousing.org/housing-assistance/rental-assistance-financial-aid-for-home-modifications/rental-assistance-program Rental Assistance Program] (RAP) – cash assistance for eligible low-income working families to help with monthly rent payments in the private market.

'''Verbal Tenancies:''' Although [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section13 section 13] of the ''RTA'' requires landlords to prepare tenancy agreements in writing, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section1 section 1] of the ''RTA'' also says that a tenancy agreement can be “oral, express or implied”. This means that you do not have to sign a written agreement to establish a tenancy. Despite the fact that verbal tenancies are covered by the ''RTA'', it is still always best to have a written agreement with your landlord.

==Landlords, owners, and agents==

It is important to understand the difference between the terms “owner”, “landlord”, and “agent”. All tenancies under the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act] (RTA)'' have an owner who is automatically considered a landlord. In addition, some tenancies will include agents acting as secondary landlords on behalf of the owner. For example, if you rent a unit in a large apartment building, there is a good chance the owner will hire a property management company to manage the building. In this situation, the owner and the property management company, acting as the owner’s agent, are considered your landlords. This means that if you have any problems during your tenancy, you can list both of them on an application for dispute resolution. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section1 section 1] of the ''RTA'' for more information.

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Other Resources for Tenants

2020-09-17T23:12:40Z

Andrew Sakamoto: /* Lower Mainland */

{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
==Government==

{| class="wikitable"

|- valign=top
| width="40%" | '''BC Human Rights Tribunal'''
| width="40%" | [http://www.bchrt.bc.ca/ www.bchrt.bc.ca] 
604 775-2000 
1-888 440-8844 

|- valign=top
| width="40%" | '''BC Housing'''
| width="40%" |[http://www.bchousing.org/ www.bchousing.org] 
604-433-1711 
1-866-465-6873 

|- valign="top"
| width="40%" | '''Office of the Information and Privacy Commissioner for BC'''
| width="40%" | [http://www.oipc.bc.ca/ http://www.oipc.bc.ca] 
604-879-5111 
1-866-879-5111 

|- valign=top
| width="40%" | '''Residential Tenancy Branch'''
| width="40%" | [http://www.gov.bc.ca/landlordtenant www.gov.bc.ca/landlordtenant] 
604-660-2421 
1-800-665-8779 

|- valign="top"
| width="40%" | '''Service BC'''
| width="40%" | [https://www2.gov.bc.ca/gov/content?id=FD6DB5BA2A5248038EEF54D9F9F37C4D Office Locations] 
604-660-2421 
1-800-663-7867 

|}

==Tenant services==

===Lower Mainland===

{| class="wikitable"

|- valign="top"
| width="40%" | '''411 Seniors Centre Society (Vancouver)'''
| width="40%" | [http://411seniors.bc.ca/ 411seniors.bc.ca] 
604-736-2033 
1-866-884-0888 

|- valign="top"
| width="40%" | '''Archway Community Services'''
| width="40%" | [http://www.archway.ca/ www.archway.ca] 
604-859-7681 

|- valign="top"
| width="40%" | '''Access Pro Bono (Vancouver)'''
| width="40%" | [http://www.accessprobono.ca/residential-tenancy-program www.accessprobono.ca/residential-tenancy-program] 
604-482-3195 ext. 1500 
1-877-762-6664 

|- valign="top"
| width="40%" | '''Ann Davis Transition Society (Chilliwack)'''
| width="40%" | [http://www.anndavis.org/ www.anndavis.org] 
604-792-2760 

|- valign="top"
| width="40%" | '''BC Human Rights Clinic (Vancouver)'''
| width="40%" | [http://www.bchrc.net/ www.bchrc.net] 
604-622-1100 
1-855-685-6222 

|- valign="top"
| width="40%" | '''Chimo Community Services (Richmond)'''
| width="40%" | [http://www.chimoservices.com/ www.chimoservices.com] 
604-279-7077 

|- valign="top"
| width="40%" | '''Community Legal Assistance Society (Vancouver)'''
| width="40%" | [http://www.clasbc.net/ www.clasbc.net] 
604-685-3425 
1-888-685-6222 

|- valign="top"
| width="40%" | '''Cythera Transition House Society (Maple Ridge)'''
| width="40%" | [http://www.cythera.ca/ www.cythera.ca] 
604-685-3425 
1-888-685-6222 

|- valign="top"
| width="40%" | '''Downtown Eastside Women’s Centre (Vancouver)'''
| width="40%" | [http://dewc.ca/ www.dewc.ca] 
604-681-8480 

|- valign="top"
| width="40%" | '''First United Church Vancouver'''
| width="40%" | [https://firstunited.ca/ www.firstunited.ca] 
604-681-8365 

|- valign="top"
| width="40%" | '''Jewish Family Service Agency (Vancouver)'''
| width="40%" | [http://www.jfsa.ca/ www.jfsa.ca] 
604-257-5151 

|- valign="top"
| width="40%" | '''Justice Access Centre (Vancouver)'''
| width="40%" | [https://www2.gov.bc.ca/gov/content?id=5D8A8D56105244199C0DB0B3E41D672A Website] 
604-660-2084 

|- valign="top"
| width="40%" | '''Justice Access Centre (Victoria)'''
| width="40%" | [https://www2.gov.bc.ca/gov/content?id=C3E4C29EB8834FF498053D03EF3EE205 Website] 
250-356-7012 

|- valign="top"
| width="40%" | '''Keys: Housing and Health Solutions (Surrey)'''
| width="40%" | 604-822-5791 

|- valign="top"
| width="40%" | '''Law Students’ Legal Advice Program'''
| width="40%" | [http://www.lslap.bc.ca/ www.lslap.bc.ca] 
604-822-5791 

|- valign="top"
| width="40%" | '''Maple Ridge/Pitt Meadows Community Services'''
| width="40%" | [http://www.comservice.bc.ca/ www.comservice.bc.ca] 
604-467-6911 

|- valign="top"
| width="40%" | '''MOSAIC Legal Advocacy Program (Vancouver)'''
| width="40%" | [http://www.mosaicbc.com/settlement-services/general-support/legal-advocacy MOSAIC Legal Advocacy Program] 
604-254-9626 

|- valign="top"
| width="40%" | '''North Shore Community Resources'''
| width="40%" | [http://www.nscr.bc.ca/ www.nscr.bc.ca] 
604-985-7138 

|- valign="top"
| width="40%" | '''North Shore Multicultural Society'''
| width="40%" | [http://www.nsms.ca/ www.nsms.ca] 
604-988-2931 

|- valign="top"
| width="40%" | '''Options Community Services Society (Surrey)'''
| width="40%" | [http://www.options.bc.ca/ www.options.bc.ca] 
604-584-5811 

|- valign="top"
| width="40%" | '''SHARE Family & Community Services (Coquitlam)'''
| width="40%" | [http://sharesociety.ca/ www.sharesociety.ca] 
604-540-9161 

|- valign="top"
| width="40%" | '''Seniors Services Society (New Westminster)'''
| width="40%" | [http://sharesociety.ca/ www.sharesociety.ca] 
604-520-6621 

|- valign="top"
| width="40%" | '''Sources Newton Resource Centre (Surrey)'''
| width="40%" | [http://www.sourcesbc.ca/ www.sourcesbc.ca] 
604-596-2311 

|- valign="top"
| width="40%" | '''St. Paul’s Advocacy (Vancouver)'''
| width="40%" | [https://stpaulsanglican.bc.ca/site1/outreach-2/advocacy-outreach/ Advocacy Office] 
604-683-4287 

|- valign="top"
| width="40%" | '''Tenant Resource & Advisory Centre (Vancouver)'''
| width="40%" | [http://www.tenants.bc.ca/ www.tenants.bc.ca] 
604-255-0546 
1-800-665-1185 

|- valign="top"
| width="40%" | '''The Kettle (Vancouver)'''
| width="40%" | [http://www.thekettle.ca/ www.thekettle.ca] 
604-251-2801 

|- valign="top"
| width="40%" | '''Vancouver Tenants Union '''
| width="40%" | [https://www.vancouvertenantsunion.ca/ www.vancouvertenantsunion.ca] 

|- valign="top"
| width="40%" | '''Wilson Heights United Church (Vancouver)'''
| width="40%" | [https://www.whuc.net/advocacy-program www.whuc.net/advocacy-program] 
604-325-9944 

|}

===Vancouver Island===

{| class="wikitable"
|- valign="top"
| width="40%" | '''Burnside Gorge Community Centre (Victoria)'''
| width="40%" | [http://burnsidegorge.ca/ www.burnsidegorge.ca] 
250-388-5251 

|- valign="top"
| width="40%" | '''Nanaimo Citizens Advocacy Association'''
| width="40%" | [http://nanaimocaa.com/ www.nanaimocaa.com] 
250-753-2321 

|- valign="top"
| width="40%" | '''Port Alberni - Port Alberni Friendship Center'''
| width="40%" | [https://www.pafriendshipcenter.com/welcome-port-alberni-friendship-center Website] 
250-723-8281 

|- valign="top"
| width="40%" | '''Ready to Rent (Victoria)'''
| width="40%" | [http://www.readytorentbc.org/ www.readytorentbc.org] 
250-388-7171 

|- valign="top"
| width="40%" | '''Together Against Poverty Society (Victoria)'''
| width="40%" | [http://www.tapsbc.ca/ www.tapsbc.ca] 
250-361-3521 

|- valign="top"
| width="40%" | '''University of British Columbia Indigenous Community Legal Clinic (Vancouver)'''
| width="40%" | [http://www.allard.ubc.ca/iclc/indigenous-community-legal-clinic Website] 
604-684-7334 

|- valign="top"
| width="40%" | '''University of Victoria Law Centre'''
| width="40%" | [https://www.uvic.ca/law/about/centre/ www.uvic.ca/law/about/centre] 
250-385-1221 

|- valign="top"
| width="40%" | '''Victoria Native Friendship Centre'''
| width="40%" | Website: [http://www.vnfc.ca/ www.vnfc.ca] 
250-384-3211 

|- valign="top"
| width="40%" | '''Wachiay Friendship Centre (Courtenay)'''
| width="40%" | [http://www.wachiay.org/ www.wachiay.org] 
250-338-7793 

|- valign="top"
| width="40%" | '''West Coast Community Resources (Ucluelet)'''
| width="40%" | [http://wccrs.ca/ www.wccrs.ca] 
250-726-2343 
1-877-726-2080 

|}

===Other Parts of BC===

{| class="wikitable"
|- valign="top"
| width="40%" | '''Active Support Against Poverty (Prince George)'''
| width="40%" | 250-563-5531 
1-877-563-6112

|- valign="top"
| width="40%" | '''Bella Coola / Mid-Coast Legal Advocacy Program'''
| width="40%" | [https://www.facebook.com/BCLegalAdvocates/ www.facebook.com/BCLegalAdvocates] 
250-799-0044 
1-877-499-0044 

|- valign="top"
| width="40%" | '''Cariboo Friendship Society (Williams Lake)'''
| width="40%" | [http://www.cariboofriendshipsociety.ca/ www.cariboofriendshipsociety.ca] 
250-398-6831 

|- valign="top"
| width="40%" | '''Columbia / Kootenay Advocacy and Education Resource Society'''
| width="40%" | [http://ckaers.wikifoundry.com/ www.ckaers.wikifoundry.com] 
250-837-4779 

|- valign="top"
| width="40%" | '''Community Connections (Revelstoke)'''
| width="40%" | [http://www.community-connections.ca/ www.community-connections.ca] 
250-837-2920 

|- valign="top"
| width="40%" | '''Elizabeth Fry Society (Kamloops)'''
| width="40%" | [https://www.kamloopsefry.com/ www.kamloopsefry.com] 
250-374-2119 

|- valign="top"
| width="40%" | '''Fort St. John Women's Resource Society'''
| width="40%" | [https://www.fsjwrs.ca/ www.fsjwrs.ca] 
250-787-1121 

|- valign="top"
| width="40%" | '''Living Positive Resource Centre (Kelowna)'''
| width="40%" | [http://www.lprc.ca/ www.lprc.ca] 
778-753-5830 

|- valign="top"
| width="40%" | '''New Horizon Centre (Port Alberni)'''
| width="40%" | [http://portalberni.cmha.bc.ca/ www.portalberni.cmha.bc.ca] 
250-724-7137 

|- valign="top"
| width="40%" | '''Nicola Valley Advocacy Centre (Merritt)'''
| width="40%" | 250-378-9632 

|- valign="top"
| width="40%" | '''North Cariboo Metis Association (Quesnel)'''
| width="40%" | 250-992-9722 

|- valign="top"
| width="40%" | '''Northern Rockies Aboriginal Women Society (Fort Nelson)'''
| width="40%" | [https://www.nraws.org/ www.nraws.org] 
250-233-8920 

|- valign="top"
| width="40%" | '''Okanagan Advocacy and Resource Society (Kelowna)'''
| width="40%" | 250-979-0201 

|- valign="top"
| width="40%" | '''Opportunities Advocacy Services (Campbell River)'''
| width="40%" | 250-286-3436 

|- valign="top"
| width="40%" | '''Penticton & Area Access Society'''
| width="40%" | [http://accesscentre.org/ www.accesscentre.org] 
250-493-6822 
1-866-493-6822 

|- valign="top"
| width="40%" | '''Penticton & District Manufactured Home Owners Association'''
| width="40%" | [http://www.pdmhoa.ca/ www.pdmhoa.ca] 
250-498-0145 

|- valign="top"
| width="40%" | '''Powell River Community Resource Centre'''
| width="40%" | [http://www.prcrc.org/ www.prcrc.org] 
604-485-0992 

|- valign="top"
| width="40%" | '''Prince George Native Friendship Centre'''
| width="40%" | [http://pgnfc.com/ www.pgnfc.com] 
250-564-3568 

|- valign="top"
| width="40%" | '''Shelter and Street Help Line'''
| width="40%" | [http://www.bc211.ca/help-lines/ www.bc211.ca/help-lines] 
2-1-1 

|- valign="top"
| width="40%" | '''Sunshine Coast Unemployment Action Centre (Gibsons)'''
| width="40%" | [http://www.facebook.com/pages/Sunshine-Coast-Unemployment-Action-Centre Website] 
604-741-0776 

|- valign="top"
| width="40%" | '''Terrace and District Community Services Society'''
| width="40%" | [http://www.tdcss.ca/ www.tdcss.ca] 
250-635-3178 

|- valign="top"
| width="40%" | '''The Advocacy Centre (Nelson)'''
| width="40%" | [https://advocacycentre.org/ www.advocacycentre.org] 
250-352-5777 
1-877-352-5777 

|- valign="top"
| width="40%" | '''Thompson Rivers University Community Legal Clinic (Kamloops)'''
| width="40%" | [http://www.tru.ca/law/students/outreach/Legal_Clinic.html Website] 
778-471-8490 

|- valign="top"
| width="40%" | '''Traveling Poverty Law Advocate Program (Cranbrook)'''
| width="40%" | [http://tap.ccscranbrook.ca/ www.tap.ccscranbrook.ca] 
250-426-2976 
1-877-298-2211 

|- valign="top"
| width="40%" | '''Unemployed Action Centre Society (Prince Rupert)'''
| width="40%" | 250-627-8776 

|- valign="top"
| width="40%" | '''Upper Skeena Counselling & Legal Assistance Society (Hazelton)'''
| width="40%" | [http://www.usclas.com/ www.usclas.com] 
250-842-5218 
1-877-842-5218 

|- valign="top"
| width="40%" | '''Vancouver MPA Society'''
| width="40%" | [http://www.mpa-society.org/ www.mpa-society.org] 
604-482-3700 

|- valign="top"
| width="40%" | '''Vernon & District Women's Centre Society'''
| width="40%" | 250 542-3555 

|- valign="top"
| width="40%" | '''Vernon Women's Transition House Society'''
| width="40%" | [http://vwts.ca/ www.vwts.ca] 
250-542-1122 

|- valign="top"
| width="40%" | '''Women's Contact Society (Williams Lake)'''
| width="40%" | [http://www.womenscontact.org/ www.womenscontact.org] 
250-392-4118 

|- valign="top"
| width="40%" | '''YMCA Munroe House Vancouver'''
| width="40%" | [https://ywcavan.org/programs/affordable-housing Website] 
604-895-5800 

|}

==Online resources==

{| class="wikitable"
|- valign="top"
| width="40%" | '''Clicklaw'''
| width="40%" | [http://www.clicklaw.bc.ca www.clicklaw.bc.ca]

|- valign="top"
| width="40%" | '''PovNet'''
| width="40%" | [http://www.povnet.org/ www.povnet.org]
|}

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
|author =
}}
__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Dispute Resolution for Tenants

2018-12-20T18:58:14Z

Andrew Sakamoto: /* Deadlines to submit evidence */

{{Tenant Survival Guide TOC}}
'''DO:''' seek help when going through the dispute resolution process. Ask a friend, family member, or legal advocate for assistance with gathering evidence, submitting your application, serving documents, and participating in the hearing.

'''DO NOT:''' forget the timelines for disputing eviction notices: 5 days for a 10 Day Notice, 10 days for a One Month Notice, 15 days for a Two Month Notice, and 30 days for a Four Month Notice.

==The basics==

The Residential Tenancy Branch (RTB) offers a service called dispute resolution, which is essentially BC’s tenant-landlord “court”. When facing a legal problem with your landlord, you do not have to hire an expensive lawyer and go to Small Claims Court or BC Supreme Court. Instead, you can request that a RTB arbitrator look at your case and make a legally-binding decision. Almost all legal disputes between tenants and landlords must be resolved through the RTB dispute resolution system.

[[File:Dispute resolution for tenants.png | right | frame | link= ]]

===Types of orders===

Arbitrators have the power to settle legal disputes on a range of topics. An arbitrator can:
* order your landlord to follow the law;
* order your landlord to pay you money;
* order your landlord to repair your rental unit;
* prevent your landlord from entering your rental unit;
* give you permission to change your locks;
* give you permission to withhold money from future rent payments; and
* cancel an eviction notice that your landlord has given you.

===Rules of Procedure and Policy Guidelines===

For more detailed information on dispute resolution, you can review the RTB’s Dispute Resolution [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] – a comprehensive resource that covers topics such as filing an application, making a cross-application, exchanging evidence, amending an application, adjourning a hearing, etc.

When preparing for a dispute resolution hearing, you should also see if there are any RTB [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/policy-guidelines Policy Guidelines] related to your dispute. These resources go into greater detail on certain topics compared to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'', and are often referred to by arbitrators when making decisions.

==Resolving disputes without dispute resolution==

Dispute resolution should often be viewed as a last resort, as it can be time-consuming, costly, and unpredictable. When faced with less urgent issues such as minor repairs or noisy neighbours, first notify your landlord in writing and give them a reasonable chance to fix the problem before applying for dispute resolution. Of course, when dealing with more urgent issues, such as an eviction notice or emergency repair, consider applying for dispute resolution right away.

===Tips when talking to your landlord===

Talking to your landlord can be challenging, especially when you disagree on an issue. Here are a few tips to keep in mind:
* '''Prepare ahead of time:''' It can be helpful to summarize your main points in advance, or have a practice conversation with a friend or family member.
* '''Consider your timing:''' Try to have the conversation when you are calm and composed, rather than upset and emotional.
* '''Stay on topic:''' Raising irrelevant issues can derail the conversation and make it harder to address your main concerns. If your landlord is getting off topic, acknowledge that you have heard what they said, but then refocus them on the original conversation.
* '''Consider your landlord’s perspective:''' An effective communicator can be respectful of the other person’s perspective, while also clearly and calmly stating their own.
* '''Be professional:''' It is in your best interest to be professional when dealing with your landlord, regardless of how they have treated you in the past. Stay focused on getting the best possible outcome rather than engaging in personal attacks and aggressive comments.

===Tips when writing a letter to your landlord===

You may struggle to find the right words when writing your landlord. To help with this, TRAC has developed a series of [http://tenants.bc.ca/template-letters/ template letters] on topics such as bed bugs, deposits, illegal rent increases, etc. Download one of our letters as a starting point. From there, you can add your own details, the date, and your signature before sending the letter.

Here are some tips to consider when writing your letter:
* '''Keep it short and sweet:''' Stick to your main points and avoid overwhelming your landlord with irrelevant details.
* '''Organization is key:''' Structure your letter in a way that makes it easy to read. If you are dealing with multiple issues, you may want to number them and address them one by one.
* '''Think twice:''' Before sending your letter, review it, or have someone else review it. You may even want to wait a night to see if you would change anything the next day.
*''' Consider your tone:''' Do not simply send a letter to complain to your landlord. You want your letter to be professional so that it helps you achieve a successful outcome. For example, do not write in CAPITAL LETTERS, since that means that you are SHOUTING!
* '''Be respectful:''' Remember that your landlord may keep a copy of your written communication for their record. Avoid writing anything that an arbitrator would find disrespectful.

===Residential Tenancy Branch early intervention===

You can contact the Residential Tenancy Branch and request that an Information Officer call your landlord and explain the law. Some landlords will be more likely to behave once a government employee has outlined the potential consequences for their illegal behaviour.

==Applying for dispute resolution==

===How to apply===

You can submit hardcopy applications at any Residential Tenancy Branch (RTB) office or [http://servicebc.gov.bc.ca/locations Service BC Centre]. The RTB has also recently improved their [http://gov.bc.ca/landlordtenant online application] process. Compared to the hardcopy application process, the online system offers several benefits, including:
* the ability to upload evidence online;
* the ability to apply for fee waiver applications online;
* helpful email reminders and notifications;
* an intuitive design with step-by-step instructions;
* the ability to resume incomplete applications; and
* mobile-friendly functionality.

===Fee===

It costs $100 to apply for dispute resolution. However, if you win your hearing, the arbitrator can order your landlord to repay you the fee – as long as you have made that request as part of your application. Alternatively, if you have a low income, you can apply for a [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online/fees-and-fee-waivers#Waiver fee waiver application] that cancels the fee entirely. To be successful, you may need to provide evidence of your income, such as an income assistance statement, employment insurance benefits statement, recent paystub from an employer, and/or recent bank statements.

===Time limits===

There are varying deadlines for dispute resolution applications, depending on the nature of the dispute. For example, here are the time limits to dispute eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

===Naming your landlord===

Name yourself as the “applicant” and your landlord(s) as the “respondent(s)”. Although tenants may sometimes only have one landlord – the owner of the rental unit – it is quite common for an owner to appoint an “agent”, such as a property management company, to act on their behalf as a secondary landlord. If this is the case, it can be wise to list both landlords on your application form.

If you are asking for money as part of your application, make sure to include the legal name and address of the owner. This will make it easier to enforce your monetary order through Small Claims Court if the owner refuses to pay. If you do not know who the owner of your rental unit is, you can complete a land title search through the Land Title Office. See TRAC’s webpage, [http://tenants.bc.ca/finding-out-who-my-landlord-is/ Finding Out Who My Landlord Is] for more information.

===Serving notice to your landlord===

Once your dispute resolution application has been accepted, the RTB will provide you with a package of hearing documents that lists the date and time of your hearing, instructions on how to prepare for your hearing, and copies of the application and submitted evidence. Hearing dates are set based on urgency, with the most serious applications receiving the highest priority, and monetary order applications receiving the lowest priority.

Once you have received your hearing documents, you have three days to serve them on the respondent(s) in one of the following ways:
# Delivering them in person to your landlord, and/or your landlord’s agent. If possible, bring a witness so you have proof that your documents were served properly.
# Sending them via registered mail. (Considering mailed documents are deemed received five days later, you are only required to mail your hearing documents within three days.) If you serve the documents via registered mail, make sure to keep the receipt and confirmation of delivery as evidence.

===Group applications===

A group of tenants facing related issues can ask the RTB to join their applications together and hold one dispute resolution hearing for everyone. If the RTB agrees to this, the lead tenant will be required to attend the hearing, while the other tenants will have the option to attend.

==Preparing for dispute resolution==

===Gathering and submitting evidence===

To be successful at dispute resolution, you will have to gather and submit enough quality evidence to convince an arbitrator to rule in your favour. Telling your side of the story is generally not enough; you should be prepared to present relevant evidence in a convincing manner.

Here are some examples of evidence that you should consider submitting:
* '''Tenancy agreement:''' Your landlord is legally required to give you a copy of your tenancy agreement within 21 days of entering into your tenancy.
* Written communication: Include written communication that strengthens your case, such as letters, forms, and notices. Relevant emails, texts, and social media messages may also be considered by arbitrators.
* '''Photos:''' Add descriptions of the photos and when they were taken. You should number and label them in a consistent fashion – for example, “Living Room Photo 1” and “Living Room Photo 2”.
* '''Audio and video recordings:''' Indicate which parts of the audio recordings and videos you would like the arbitrator to listen to and watch.
* '''Witnesses:''' Have witnesses speak at the hearing or submit signed witness statements.
* '''Affidavits:''' Submit affidavits (sworn statements) signed by you or your witnesses. A lawyer, Notary Public, or Commissioner of Oaths can assist you with this process. Affidavits may cost money but are generally considered stronger evidence than unsworn statements.
* '''Receipts:''' You will need proof of the expenses you paid when seeking a monetary order.
* '''Monetary Order Worksheet:''' If you are applying for a monetary order, you must submit the Residential Tenancy Branch form, “Monetary Order Worksheet”.

===Deadlines to submit evidence===

All evidence that you want to rely on at dispute resolution needs to be submitted to the Residential Tenancy Branch (RTB) and properly served on your landlord.

The person applying for dispute resolution – the “applicant” – should do their best to submit evidence with their application. If that is not possible, the RTB and the respondent must receive the evidence at least 14 days before the hearing. Evidence should always be submitted as soon as possible, as arbitrators have the right to refuse evidence that was intentionally submitted later than it could have been.

The person responding to the application – the “respondent” – must ensure that all their evidence is received by the RTB and the applicant at least seven days before the hearing. Again, if evidence submission is intentionally delayed, the arbitrator may decide to not consider it.

'''Late evidence:''' If you miss the deadline for submitting evidence, you can still submit your evidence late. Be prepared to have an argument ready for why the arbitrator should consider the evidence at the hearing. For example, the evidence may have only become available after the evidence deadline. If your landlord brings up evidence during a hearing that you did not receive on time, you can ask the arbitrator to not consider it, or to adjourn (reschedule) the hearing to a later date. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf section 3.17] of the Rules of Procedure for more information.

'''Service rules:''' The way that evidence is served can affect when it is legally considered received. For example:
* evidence delivered in person is considered received that same day;
* evidence left in a mailbox or mail slot is considered received three days later; and
* evidence that is mailed is considered received five days later.

===Digital Evidence===

Tenants who have filed for dispute resolution must, where possible, digitally submit evidence to the RTB through their online system. If you are not able to upload evidence in this manner, you can still submit physical copies directly to the RTB, or to any Service BC Centre across the province. Digitally submitting evidence to the RTB will make it available to the arbitrator handling your case, but the RTB will not send copies to your landlord on your behalf. This means that, when you digitally submit evidence to the RTB, you must also serve copies of that evidence to your landlord using an accepted method of service according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

When submitting digital evidence, you should ensure that your evidence is well organized. According to [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf section 3.10.1] of the Rules of Procedure, digital evidence should be accompanied by descriptions of the evidence, logical numbering systems for photographs, a time code for the key point in any audio or video recordings, etc. You must also submit RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb43.pdf “Digital Evidence Details”], available on the RTB website at gov.bc.ca/tenantlandlord. This form will help keep your evidence organized for the arbitrator, and ensure you follow the required steps for service.

When serving digital evidence on your landlord, you must ensure that they are able to access the evidence. For example, if you submit video evidence to the RTB online, and then make a DVD of that video to serve on your landlord, you must confirm with your landlord that they have playback equipment for the DVD, or can somehow access the information on the disc. When asked about whether they can access a particular format, your landlord must reply as soon as possible. If you choose to submit digital evidence, you must keep exact copies of that evidence for two years after the dispute resolution process has concluded. See sections 3.0 and 3.10 of the [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] and RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl42.pdf Policy Guideline 42] for more information.

===Bringing help===

The dispute resolution process has been designed for self-representation, which means that most tenants are able to participate in hearings on their own. That being said, if you feel that you need some assistance during your hearing, you have the right to bring a family member, friend, legal advocate, lawyer, translator, or interpreter.

==Participating in dispute resolution==

===Connecting to the conference call===

Dispute resolution hearings are almost always held over the phone. When you apply for dispute resolution, you will be given a hearing package with instructions on how to connect to the conference call. Make sure to keep these instructions in a safe place and have them ready for the start of your hearing. It is always a good idea to connect to the conference call early, so that you have time to address any potential technical issues before the hearing starts. If you are unable to connect to the conference call due to matters outside of your control, you may have to submit an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration].

===Start of the hearing===

The arbitrator will explain how the hearing will proceed and address any preliminary matters. This is the time to mention anything that needs to be dealt with before the hearing starts. For example, you may have to mention that an advocate will be representing you, a witness will be providing evidence, or that you need to amend your application.

'''Requesting an adjournment:''' You may need to request that your hearing be adjourned (rescheduled). For example, this could happen if you did not receive your landlord’s evidence in time to prepare a response. The decision to adjourn the hearing or proceed with the hearing will be up to the arbitrator handling your case.

===During the hearing===

You should be given a fair chance to argue your case, ask questions, and share evidence, including witness testimonies. Make sure to present your evidence clearly and concisely, and avoid raising issues that are irrelevant to your application. It is important to guide the arbitrator through your evidence; do not assume that they will understand everything on their own.

The applicant generally presents their evidence first, followed by the respondent. One exception to this rule is when a tenant is disputing an eviction notice. For those hearings, the respondent landlord must present their evidence first and explain why the eviction notice should be upheld. The tenant will then be given a chance to present their own evidence and defend their housing.

'''Negotiating a settlement:''' The arbitrator may suggest that you and your landlord negotiate a settlement during the hearing. Do not feel pressured to agree to a settlement unless you are completely satisfied with the terms.

'''Behaviour:''' Participating in a dispute resolution hearing can be an emotional experience, but it is important to always act in a professional manner and not interrupt anyone while they are speaking. Instead, write down your questions or concerns so that you can address them later. Speak clearly and respectfully to both the arbitrator and your landlord, and never raise your voice or use inappropriate language. Bad behaviour could hurt your credibility and, in turn, your chances of winning your hearing. If you believe it will be difficult to remain professional at your hearing, consider asking a friend, family member, or legal advocate to help you present your case.

===End of the hearing===

At the end of the hearing, the arbitrator may inform you of their decision or they may decide to take more time to review the evidence. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section77 section 77] of the ''Residential Tenancy Act'', arbitrators are required to reach a decision within 30 days. For hearings about eviction notices and other urgent matters, arbitrators will usually make their decision within a few days.

==Collecting money from your landlord==

Arbitrators have the power to issue orders that require one person to pay money to another person. A landlord could be issued a monetary order if their tenant has not paid the rent, while a tenant could be issued a monetary order if their landlord has broken the law.

Residential Tenancy Branch (RTB) monetary orders are legally-binding, which means the person who is required to pay must follow through with the payment. If you have obtained a monetary order that your landlord refuses to pay, you will have to enforce that order in Small Claims Court, since the RTB cannot enforce their own orders. A Small Claims Court judge could help you get paid by garnishing your landlord’s wages or placing a lien on their property. Visit TRAC’s webpage, [http://tenants.bc.ca/enforcing-a-monetary-order/ Enforcing a Monetary Order] for more information.

==Reviewing a dispute resolution hearing decision==

===Residential Tenancy Branch Correction and Clarification===

If a decision is unclear or contains a mistake, you can submit a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb6.pdf “Request for Correction”] or [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb38.pdf “Request for Clarification”] form to the Residential Tenancy Branch (RTB), free of charge. You will most likely not have to notify your landlord of this application, unless an arbitrator instructs you to do so.

For some types of issues, such as the following, there is a 15-day deadline to apply from the date you receive the decision:
* the decision is too complex or ambiguous and needs to be clarified;
* the decision contains an obvious error; or
* something was accidentally left out of the decision.

For other types of issues, such as the following, the 15-day deadline may not apply:
* the decision has a typo;
* order has grammatical errors; or
* the decision has a math error.

It can sometimes be challenging determining when the 15-day deadline applies. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl25.pdf Policy Guideline 25] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section78 section 78] of the ''Residential Tenancy Act (RTA)'' for more information.

===Residential Tenancy Branch Review Consideration===

You can ask the Residential Tenancy Branch (RTB) to review a decision that you have lost. This is not a chance to simply re-argue your case, as reviews are only granted in limited circumstances. [i Section 79(2)] of the ''RTA'' lists three situations where the RTB may accept an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration]:
# A person was unable to attend the hearing for reasons unanticipated and beyond their control.
# There is new evidence that was not available at the time of the hearing, and would have influenced the original decision.
# The other party intentionally used fraud to get the outcome they desired.

'''Fee:''' There is a $50 fee to apply for a Review Consideration, unless you had your application fee waived for the original hearing.

'''Deadlines:''' There are different application deadlines, depending on the nature of the dispute. For the following types of decisions, there is a two-day deadline from the time you receive the decision:
* unreasonable withholding of consent to assign or sublet;
* eviction for non-payment of rent;
* order of possession for the tenant or the landlord; and
* application to end a tenancy early.

For the following types of decisions, there is a five-day deadline from the time you receive the decision:
* repairs or maintenance;
* services or facilities; and
* any eviction notice other than one for non-payment of rent.

For all other types of decisions, there is a 15-day deadline from the time you receive the decision. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section80 section 80] of the ''RTA'' for more information.

===BC Supreme Court judicial review===

If your RTB hearing or decision was unfair, but your situation does not fit the eligibility criteria for a RTB Review Consideration, you can apply for a judicial review through BC Supreme Court.

The RTB is considered an expert tribunal on matters of residential tenancy law. This means that the standard of review for RTB decisions is quite high; a BC Supreme Court judge can only set aside a RTB decision if they find it to be procedurally unfair, patently unreasonable, or blatantly incorrect.

When you participate in a RTB dispute resolution hearing, you have the right to natural justice – also known as procedural fairness. This means that the arbitrator must allow you a fair opportunity to know the case against you, present evidence, and argue your side of the story. In addition, [http://www.bclaws.ca/civix/document/id/complete/statreg/04045_01#section58 section 58] of the ''Administrative Tribunals Act'' defines a decision as being “patently unreasonable” if it:
* is exercised arbitrarily or in bad faith;
* is exercised for an improper purpose;
* is based entirely or predominantly on irrelevant factors; or
* fails to take statutory requirements into account.

If a BC Supreme Court judge finds a decision to be procedurally unfair, patently unreasonable, or blatantly incorrect, they will usually order a new dispute resolution hearing at the RTB, rather than reach a new decision on their own. This means that even if you are successful in your judicial review application, there is no guarantee you will win your new hearing at the RTB.

'''Fee:''' $200

'''Deadline:''' 60 days from the date the RTB decision was made.

'''Key referral:''' The [http://www.clasbc.net/ Community Legal Assistance Society (CLAS)] is an expert organization on the topic of judicial review. If you are a tenant whose housing is at risk because you lost your dispute resolution hearing, CLAS may be able to provide free assistance with a judicial review application. They also offer an online [https://judicialreviewbc.ca/ Judicial Review Self-Help Guide].

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
|author =
}}
__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Dispute Resolution for Tenants

2018-12-20T18:57:44Z

Andrew Sakamoto: /* Applying for dispute resolution */

{{Tenant Survival Guide TOC}}
'''DO:''' seek help when going through the dispute resolution process. Ask a friend, family member, or legal advocate for assistance with gathering evidence, submitting your application, serving documents, and participating in the hearing.

'''DO NOT:''' forget the timelines for disputing eviction notices: 5 days for a 10 Day Notice, 10 days for a One Month Notice, 15 days for a Two Month Notice, and 30 days for a Four Month Notice.

==The basics==

The Residential Tenancy Branch (RTB) offers a service called dispute resolution, which is essentially BC’s tenant-landlord “court”. When facing a legal problem with your landlord, you do not have to hire an expensive lawyer and go to Small Claims Court or BC Supreme Court. Instead, you can request that a RTB arbitrator look at your case and make a legally-binding decision. Almost all legal disputes between tenants and landlords must be resolved through the RTB dispute resolution system.

[[File:Dispute resolution for tenants.png | right | frame | link= ]]

===Types of orders===

Arbitrators have the power to settle legal disputes on a range of topics. An arbitrator can:
* order your landlord to follow the law;
* order your landlord to pay you money;
* order your landlord to repair your rental unit;
* prevent your landlord from entering your rental unit;
* give you permission to change your locks;
* give you permission to withhold money from future rent payments; and
* cancel an eviction notice that your landlord has given you.

===Rules of Procedure and Policy Guidelines===

For more detailed information on dispute resolution, you can review the RTB’s Dispute Resolution [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] – a comprehensive resource that covers topics such as filing an application, making a cross-application, exchanging evidence, amending an application, adjourning a hearing, etc.

When preparing for a dispute resolution hearing, you should also see if there are any RTB [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/policy-guidelines Policy Guidelines] related to your dispute. These resources go into greater detail on certain topics compared to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'', and are often referred to by arbitrators when making decisions.

==Resolving disputes without dispute resolution==

Dispute resolution should often be viewed as a last resort, as it can be time-consuming, costly, and unpredictable. When faced with less urgent issues such as minor repairs or noisy neighbours, first notify your landlord in writing and give them a reasonable chance to fix the problem before applying for dispute resolution. Of course, when dealing with more urgent issues, such as an eviction notice or emergency repair, consider applying for dispute resolution right away.

===Tips when talking to your landlord===

Talking to your landlord can be challenging, especially when you disagree on an issue. Here are a few tips to keep in mind:
* '''Prepare ahead of time:''' It can be helpful to summarize your main points in advance, or have a practice conversation with a friend or family member.
* '''Consider your timing:''' Try to have the conversation when you are calm and composed, rather than upset and emotional.
* '''Stay on topic:''' Raising irrelevant issues can derail the conversation and make it harder to address your main concerns. If your landlord is getting off topic, acknowledge that you have heard what they said, but then refocus them on the original conversation.
* '''Consider your landlord’s perspective:''' An effective communicator can be respectful of the other person’s perspective, while also clearly and calmly stating their own.
* '''Be professional:''' It is in your best interest to be professional when dealing with your landlord, regardless of how they have treated you in the past. Stay focused on getting the best possible outcome rather than engaging in personal attacks and aggressive comments.

===Tips when writing a letter to your landlord===

You may struggle to find the right words when writing your landlord. To help with this, TRAC has developed a series of [http://tenants.bc.ca/template-letters/ template letters] on topics such as bed bugs, deposits, illegal rent increases, etc. Download one of our letters as a starting point. From there, you can add your own details, the date, and your signature before sending the letter.

Here are some tips to consider when writing your letter:
* '''Keep it short and sweet:''' Stick to your main points and avoid overwhelming your landlord with irrelevant details.
* '''Organization is key:''' Structure your letter in a way that makes it easy to read. If you are dealing with multiple issues, you may want to number them and address them one by one.
* '''Think twice:''' Before sending your letter, review it, or have someone else review it. You may even want to wait a night to see if you would change anything the next day.
*''' Consider your tone:''' Do not simply send a letter to complain to your landlord. You want your letter to be professional so that it helps you achieve a successful outcome. For example, do not write in CAPITAL LETTERS, since that means that you are SHOUTING!
* '''Be respectful:''' Remember that your landlord may keep a copy of your written communication for their record. Avoid writing anything that an arbitrator would find disrespectful.

===Residential Tenancy Branch early intervention===

You can contact the Residential Tenancy Branch and request that an Information Officer call your landlord and explain the law. Some landlords will be more likely to behave once a government employee has outlined the potential consequences for their illegal behaviour.

==Applying for dispute resolution==

===How to apply===

You can submit hardcopy applications at any Residential Tenancy Branch (RTB) office or [http://servicebc.gov.bc.ca/locations Service BC Centre]. The RTB has also recently improved their [http://gov.bc.ca/landlordtenant online application] process. Compared to the hardcopy application process, the online system offers several benefits, including:
* the ability to upload evidence online;
* the ability to apply for fee waiver applications online;
* helpful email reminders and notifications;
* an intuitive design with step-by-step instructions;
* the ability to resume incomplete applications; and
* mobile-friendly functionality.

===Fee===

It costs $100 to apply for dispute resolution. However, if you win your hearing, the arbitrator can order your landlord to repay you the fee – as long as you have made that request as part of your application. Alternatively, if you have a low income, you can apply for a [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online/fees-and-fee-waivers#Waiver fee waiver application] that cancels the fee entirely. To be successful, you may need to provide evidence of your income, such as an income assistance statement, employment insurance benefits statement, recent paystub from an employer, and/or recent bank statements.

===Time limits===

There are varying deadlines for dispute resolution applications, depending on the nature of the dispute. For example, here are the time limits to dispute eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

===Naming your landlord===

Name yourself as the “applicant” and your landlord(s) as the “respondent(s)”. Although tenants may sometimes only have one landlord – the owner of the rental unit – it is quite common for an owner to appoint an “agent”, such as a property management company, to act on their behalf as a secondary landlord. If this is the case, it can be wise to list both landlords on your application form.

If you are asking for money as part of your application, make sure to include the legal name and address of the owner. This will make it easier to enforce your monetary order through Small Claims Court if the owner refuses to pay. If you do not know who the owner of your rental unit is, you can complete a land title search through the Land Title Office. See TRAC’s webpage, [http://tenants.bc.ca/finding-out-who-my-landlord-is/ Finding Out Who My Landlord Is] for more information.

===Serving notice to your landlord===

Once your dispute resolution application has been accepted, the RTB will provide you with a package of hearing documents that lists the date and time of your hearing, instructions on how to prepare for your hearing, and copies of the application and submitted evidence. Hearing dates are set based on urgency, with the most serious applications receiving the highest priority, and monetary order applications receiving the lowest priority.

Once you have received your hearing documents, you have three days to serve them on the respondent(s) in one of the following ways:
# Delivering them in person to your landlord, and/or your landlord’s agent. If possible, bring a witness so you have proof that your documents were served properly.
# Sending them via registered mail. (Considering mailed documents are deemed received five days later, you are only required to mail your hearing documents within three days.) If you serve the documents via registered mail, make sure to keep the receipt and confirmation of delivery as evidence.

===Group applications===

A group of tenants facing related issues can ask the RTB to join their applications together and hold one dispute resolution hearing for everyone. If the RTB agrees to this, the lead tenant will be required to attend the hearing, while the other tenants will have the option to attend.

==Preparing for dispute resolution==

===Gathering and submitting evidence===

To be successful at dispute resolution, you will have to gather and submit enough quality evidence to convince an arbitrator to rule in your favour. Telling your side of the story is generally not enough; you should be prepared to present relevant evidence in a convincing manner.

Here are some examples of evidence that you should consider submitting:
* '''Tenancy agreement:''' Your landlord is legally required to give you a copy of your tenancy agreement within 21 days of entering into your tenancy.
* Written communication: Include written communication that strengthens your case, such as letters, forms, and notices. Relevant emails, texts, and social media messages may also be considered by arbitrators.
* '''Photos:''' Add descriptions of the photos and when they were taken. You should number and label them in a consistent fashion – for example, “Living Room Photo 1” and “Living Room Photo 2”.
* '''Audio and video recordings:''' Indicate which parts of the audio recordings and videos you would like the arbitrator to listen to and watch.
* '''Witnesses:''' Have witnesses speak at the hearing or submit signed witness statements.
* '''Affidavits:''' Submit affidavits (sworn statements) signed by you or your witnesses. A lawyer, Notary Public, or Commissioner of Oaths can assist you with this process. Affidavits may cost money but are generally considered stronger evidence than unsworn statements.
* '''Receipts:''' You will need proof of the expenses you paid when seeking a monetary order.
* '''Monetary Order Worksheet:''' If you are applying for a monetary order, you must submit the Residential Tenancy Branch form, “Monetary Order Worksheet”.

===Deadlines to submit evidence===

All evidence that you want to rely on at dispute resolution needs to be submitted to the Residential Tenancy Branch (RTB) and properly served on your landlord.

The person applying for dispute resolution – the “applicant” – should do their best to submit evidence with their application. If that is not possible, the RTB and the respondent must receive the evidence at least 14 days before the hearing. Evidence should always be submitted as soon as possible, as arbitrators have the right to refuse evidence that was intentionally submitted later than it could have been.

The person responding to the application – the “respondent” – must ensure that all their evidence is received by the RTB and the applicant at least 7 days before the hearing. Again, if evidence submission is intentionally delayed, the arbitrator may decide to not consider it.

'''Late evidence:''' If you miss the deadline for submitting evidence, you can still submit your evidence late. Be prepared to have an argument ready for why the arbitrator should consider the evidence at the hearing. For example, the evidence may have only become available after the evidence deadline. If your landlord brings up evidence during a hearing that you did not receive on time, you can ask the arbitrator to not consider it, or to adjourn (reschedule) the hearing to a later date. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf section 3.17] of the Rules of Procedure for more information.

'''Service rules:''' The way that evidence is served can affect when it is legally considered received. For example:
* evidence delivered in person is considered received that same day;
* evidence left in a mailbox or mail slot is considered received three days later; and
* evidence that is mailed is considered received five days later.

===Digital Evidence===

Tenants who have filed for dispute resolution must, where possible, digitally submit evidence to the RTB through their online system. If you are not able to upload evidence in this manner, you can still submit physical copies directly to the RTB, or to any Service BC Centre across the province. Digitally submitting evidence to the RTB will make it available to the arbitrator handling your case, but the RTB will not send copies to your landlord on your behalf. This means that, when you digitally submit evidence to the RTB, you must also serve copies of that evidence to your landlord using an accepted method of service according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

When submitting digital evidence, you should ensure that your evidence is well organized. According to [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf section 3.10.1] of the Rules of Procedure, digital evidence should be accompanied by descriptions of the evidence, logical numbering systems for photographs, a time code for the key point in any audio or video recordings, etc. You must also submit RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb43.pdf “Digital Evidence Details”], available on the RTB website at gov.bc.ca/tenantlandlord. This form will help keep your evidence organized for the arbitrator, and ensure you follow the required steps for service.

When serving digital evidence on your landlord, you must ensure that they are able to access the evidence. For example, if you submit video evidence to the RTB online, and then make a DVD of that video to serve on your landlord, you must confirm with your landlord that they have playback equipment for the DVD, or can somehow access the information on the disc. When asked about whether they can access a particular format, your landlord must reply as soon as possible. If you choose to submit digital evidence, you must keep exact copies of that evidence for two years after the dispute resolution process has concluded. See sections 3.0 and 3.10 of the [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] and RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl42.pdf Policy Guideline 42] for more information.

===Bringing help===

The dispute resolution process has been designed for self-representation, which means that most tenants are able to participate in hearings on their own. That being said, if you feel that you need some assistance during your hearing, you have the right to bring a family member, friend, legal advocate, lawyer, translator, or interpreter.

==Participating in dispute resolution==

===Connecting to the conference call===

Dispute resolution hearings are almost always held over the phone. When you apply for dispute resolution, you will be given a hearing package with instructions on how to connect to the conference call. Make sure to keep these instructions in a safe place and have them ready for the start of your hearing. It is always a good idea to connect to the conference call early, so that you have time to address any potential technical issues before the hearing starts. If you are unable to connect to the conference call due to matters outside of your control, you may have to submit an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration].

===Start of the hearing===

The arbitrator will explain how the hearing will proceed and address any preliminary matters. This is the time to mention anything that needs to be dealt with before the hearing starts. For example, you may have to mention that an advocate will be representing you, a witness will be providing evidence, or that you need to amend your application.

'''Requesting an adjournment:''' You may need to request that your hearing be adjourned (rescheduled). For example, this could happen if you did not receive your landlord’s evidence in time to prepare a response. The decision to adjourn the hearing or proceed with the hearing will be up to the arbitrator handling your case.

===During the hearing===

You should be given a fair chance to argue your case, ask questions, and share evidence, including witness testimonies. Make sure to present your evidence clearly and concisely, and avoid raising issues that are irrelevant to your application. It is important to guide the arbitrator through your evidence; do not assume that they will understand everything on their own.

The applicant generally presents their evidence first, followed by the respondent. One exception to this rule is when a tenant is disputing an eviction notice. For those hearings, the respondent landlord must present their evidence first and explain why the eviction notice should be upheld. The tenant will then be given a chance to present their own evidence and defend their housing.

'''Negotiating a settlement:''' The arbitrator may suggest that you and your landlord negotiate a settlement during the hearing. Do not feel pressured to agree to a settlement unless you are completely satisfied with the terms.

'''Behaviour:''' Participating in a dispute resolution hearing can be an emotional experience, but it is important to always act in a professional manner and not interrupt anyone while they are speaking. Instead, write down your questions or concerns so that you can address them later. Speak clearly and respectfully to both the arbitrator and your landlord, and never raise your voice or use inappropriate language. Bad behaviour could hurt your credibility and, in turn, your chances of winning your hearing. If you believe it will be difficult to remain professional at your hearing, consider asking a friend, family member, or legal advocate to help you present your case.

===End of the hearing===

At the end of the hearing, the arbitrator may inform you of their decision or they may decide to take more time to review the evidence. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section77 section 77] of the ''Residential Tenancy Act'', arbitrators are required to reach a decision within 30 days. For hearings about eviction notices and other urgent matters, arbitrators will usually make their decision within a few days.

==Collecting money from your landlord==

Arbitrators have the power to issue orders that require one person to pay money to another person. A landlord could be issued a monetary order if their tenant has not paid the rent, while a tenant could be issued a monetary order if their landlord has broken the law.

Residential Tenancy Branch (RTB) monetary orders are legally-binding, which means the person who is required to pay must follow through with the payment. If you have obtained a monetary order that your landlord refuses to pay, you will have to enforce that order in Small Claims Court, since the RTB cannot enforce their own orders. A Small Claims Court judge could help you get paid by garnishing your landlord’s wages or placing a lien on their property. Visit TRAC’s webpage, [http://tenants.bc.ca/enforcing-a-monetary-order/ Enforcing a Monetary Order] for more information.

==Reviewing a dispute resolution hearing decision==

===Residential Tenancy Branch Correction and Clarification===

If a decision is unclear or contains a mistake, you can submit a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb6.pdf “Request for Correction”] or [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb38.pdf “Request for Clarification”] form to the Residential Tenancy Branch (RTB), free of charge. You will most likely not have to notify your landlord of this application, unless an arbitrator instructs you to do so.

For some types of issues, such as the following, there is a 15-day deadline to apply from the date you receive the decision:
* the decision is too complex or ambiguous and needs to be clarified;
* the decision contains an obvious error; or
* something was accidentally left out of the decision.

For other types of issues, such as the following, the 15-day deadline may not apply:
* the decision has a typo;
* order has grammatical errors; or
* the decision has a math error.

It can sometimes be challenging determining when the 15-day deadline applies. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl25.pdf Policy Guideline 25] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section78 section 78] of the ''Residential Tenancy Act (RTA)'' for more information.

===Residential Tenancy Branch Review Consideration===

You can ask the Residential Tenancy Branch (RTB) to review a decision that you have lost. This is not a chance to simply re-argue your case, as reviews are only granted in limited circumstances. [i Section 79(2)] of the ''RTA'' lists three situations where the RTB may accept an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration]:
# A person was unable to attend the hearing for reasons unanticipated and beyond their control.
# There is new evidence that was not available at the time of the hearing, and would have influenced the original decision.
# The other party intentionally used fraud to get the outcome they desired.

'''Fee:''' There is a $50 fee to apply for a Review Consideration, unless you had your application fee waived for the original hearing.

'''Deadlines:''' There are different application deadlines, depending on the nature of the dispute. For the following types of decisions, there is a two-day deadline from the time you receive the decision:
* unreasonable withholding of consent to assign or sublet;
* eviction for non-payment of rent;
* order of possession for the tenant or the landlord; and
* application to end a tenancy early.

For the following types of decisions, there is a five-day deadline from the time you receive the decision:
* repairs or maintenance;
* services or facilities; and
* any eviction notice other than one for non-payment of rent.

For all other types of decisions, there is a 15-day deadline from the time you receive the decision. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section80 section 80] of the ''RTA'' for more information.

===BC Supreme Court judicial review===

If your RTB hearing or decision was unfair, but your situation does not fit the eligibility criteria for a RTB Review Consideration, you can apply for a judicial review through BC Supreme Court.

The RTB is considered an expert tribunal on matters of residential tenancy law. This means that the standard of review for RTB decisions is quite high; a BC Supreme Court judge can only set aside a RTB decision if they find it to be procedurally unfair, patently unreasonable, or blatantly incorrect.

When you participate in a RTB dispute resolution hearing, you have the right to natural justice – also known as procedural fairness. This means that the arbitrator must allow you a fair opportunity to know the case against you, present evidence, and argue your side of the story. In addition, [http://www.bclaws.ca/civix/document/id/complete/statreg/04045_01#section58 section 58] of the ''Administrative Tribunals Act'' defines a decision as being “patently unreasonable” if it:
* is exercised arbitrarily or in bad faith;
* is exercised for an improper purpose;
* is based entirely or predominantly on irrelevant factors; or
* fails to take statutory requirements into account.

If a BC Supreme Court judge finds a decision to be procedurally unfair, patently unreasonable, or blatantly incorrect, they will usually order a new dispute resolution hearing at the RTB, rather than reach a new decision on their own. This means that even if you are successful in your judicial review application, there is no guarantee you will win your new hearing at the RTB.

'''Fee:''' $200

'''Deadline:''' 60 days from the date the RTB decision was made.

'''Key referral:''' The [http://www.clasbc.net/ Community Legal Assistance Society (CLAS)] is an expert organization on the topic of judicial review. If you are a tenant whose housing is at risk because you lost your dispute resolution hearing, CLAS may be able to provide free assistance with a judicial review application. They also offer an online [https://judicialreviewbc.ca/ Judicial Review Self-Help Guide].

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
|author =
}}
__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Rent

2018-12-20T18:54:48Z

Andrew Sakamoto: /* Wrong notice period */

{{Tenant Survival Guide TOC}}

'''DO:''' pay your full rent on time. Failing to do so could result in a 10 Day Eviction Notice for Non-Payment of Rent.

'''DO NOT:''' stop paying rent unless the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'' allows you to do so. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch.

==Paying rent==

===When rent is due===

[[File:Rent increase notice.png | right | frame | link= ]]

Your full rent must be paid on or before the date it is due – usually the 1st of the month. If you are late by one day, or short by a few dollars, your landlord can give you a 10 Day Eviction Notice for Non-Payment of Rent in accordance with [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)''. Once you have received this type of notice, you only have five days to pay the missing rent in order to cancel the eviction.

Paying rent on time is one of your most important legal responsibilities, and you cannot rely on the five-day grace period for late rent each month. If you repeatedly pay your rent late – at least three times within an unreasonably short period – your landlord can give you a One Month Eviction Notice for Cause. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''RTA'' and [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.

===How rent is paid===

Tenants and landlords usually arrange for rent to be paid by cash, cheque, e-transfer, or direct deposit. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section26 section 26(2)] of the ''RTA'', landlords are legally required to provide receipts for rent paid in cash. If you suspect that your landlord will not provide you with a receipt, consider bringing a witness and your own rent receipt for them to sign.

===Legally withholding rent===

When disputes arise with your landlord, it may be tempting to retaliate by withholding rent. Unfortunately, this is illegal in most cases. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch (RTB).

There are only five sections in the ''Residential Tenancy Act (RTA)'' that allow you to legally withhold rent without your landlord’s consent:
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section19 section 19] of the ''RTA'' – you overpaid your security deposit or pet damage deposit;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''RTA'' – you paid for emergency repairs after carefully following the proper steps;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section43 section 43] of the ''RTA'' – you overpaid rent because of an illegal rent increase;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51 section 51] of the ''RTA'' – you received a Two Month or Four Month Eviction Notice for Landlord’s Use of Property, which entitles you to one month rent as compensation, and you are applying that compensation towards the last month of your tenancy; and
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section65 section 65] of the ''RTA'' – you have an order from the RTB.

===Problems paying rent===

If you know that you will be unable to pay your full rent on time, communicate with your landlord as soon as possible. Your landlord may allow you to pay your rent late – especially if you have always paid rent on time in the past. Make sure to get your landlord’s permission in writing if they do agree to give you an extension. You can also try requesting a short-term loan from a friend, family member, or one of BC’s Rent Banks. If that is not possible, you may have to prioritize your rent over other expenses.

'''Crisis supplement:''' If you receive income assistance and face an unexpected emergency, you might qualify for a crisis supplement through the provincial government.

==Rent increases==

===Notice of rent increase===

At the start of your tenancy, rent is set at whatever amount you and your landlord agree to as part of your agreement. From that point on, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section22 section 22] of the ''Residential Tenancy Regulation (RTR)'', your landlord can only raise your rent once every 12 months by a percentage equal to inflation. The allowable rent increase percentage changes each year, so check the Residential Tenancy Branch [https://gov.bc.ca/landlordtenant website] or TRAC [http://tenants.bc.ca/ website] to find out how much landlords can raise rent this year.

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section42 Section 42] of the ''Residential Tenancy Act (RTA)'' says that landlords must provide an approved [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb7.pdf “Notice of Rent Increase” form] three full months before a rent increase takes effect. For example, if you receive proper notice on April 5th, the three full months that count towards the notice period are May, June, and July, which means the rent increase would take effect on August 1st (assuming you pay rent on the first of the month). If your landlord does not raise your rent during a 12-month period, or raises it by less than the allowable percentage, they are not allowed to top-up a future rent increase to make up the difference.

===Wrong notice period===

If your landlord uses the proper [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb7.pdf “Notice of Rent Increase”] form but gives you less than three full months’ notice, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section42 section 42(4)] of the ''RTA'' says that you can continue to pay your current rent until the correct amount of time has passed. For example, if you normally pay rent on the first of the month and your landlord gives you a Notice of Rent Increase on March 1st (or anytime later that month), you will not have to start paying the increase until July 1st. Although this may seem like four months, the ''RTA'' counts it as three. By serving the notice on March 1st, your landlord has excluded March from the three-month notice period. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not try to end your tenancy for unpaid rent.

===Overpaying a rent increase===

If you have overpaid on rent because your landlord gave you an illegal rent increase, you have two options:
# deduct the overpayment from your next month’s rent; or
# apply for a monetary order through dispute resolution.

If you choose the first option, make sure to clearly explain to your landlord that you have the right to withhold rent according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section43 section 43] of the ''RTA''.

==Exceptions to rent increase rules==

===Additional occupants added===

If you wish to move someone in to your rental unit, you should first check your tenancy agreement. Your landlord may be allowed to raise your rent for additional occupants, but only if your agreement specifies by how much. If your tenancy agreement does not include such a term, your landlord cannot legally raise your rent when an additional occupant moves in. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section13 section 13] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section40 section 40] of the ''Residential Tenancy Act (RTA)'' for more information.

===Residential Tenancy Branch permission===

Your landlord can apply to the Residential Tenancy Branch (RTB) for an additional rent increase above the allowable annual percentage. Arbitrators will only allow these additional rent increases in exceptional circumstances, listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section23 section 23] of the ''Residential Tenancy Regulation (RTR)''.

The application fee for landlords is $300, plus $10 for each rental unit, to a maximum of $600. If your landlord applies for an additional rent increase, you will be served with a package of hearing documents, including the evidence they have submitted. As the respondent, you will have a chance to speak during the hearing and submit evidence that challenges your landlord’s application. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl37.pdf Policy Guideline 37] for more information.

'''Geographic rent increases:''' For years, landlords had the right to apply for an additional rent increase when a rental unit’s rent was significantly lower than other similar units in the same geographic area. Fortunately, the RTR has now been amended to eliminate geographic rent increases.

===Non-profit housing===

Some subsidized rental units where rent is related to income may be exempt from the rent increase rules in the ''RTA''. If you live in a subsidized rental unit, ask your housing provider about the rent increase rules that apply to you. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section2 section 2] of the ''RTR'' for more information.

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}

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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Preparing to Rent

2018-12-20T18:50:29Z

Andrew Sakamoto: /* Housing covered by the RTA */

{{Tenant Survival Guide TOC}}
'''DO:''' educate yourself about renting in BC. Read this ''Tenant Survival Guide'' and complete TRAC’s online course, ''[https://rentingitright.ca Renting It Right]''.

'''DO NOT:''' forget that by signing a tenancy agreement you are entering into a legal contract. Protect yourself by learning about your rights and responsibilities under the ''Residential Tenancy Act''.

[[File:Tenant looking for rental.jpg | right | frame | link= ]]

==The law in BC==

If you pay rent for your home, you are most likely protected by the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' – the law that outlines tenants’ and landlords’ rights and responsibilities. The ''RTA'' is a provincial law that applies only to British Columbia (BC). If you have rented in other provinces or countries, do not assume that the same rules apply. After reading this ''Tenant Survival Guide'', you may be surprised at how BC’s tenancy laws differ from tenancy laws around the world.

One of the most important things to understand about the ''RTA'' is that it cannot be avoided. All tenants are guaranteed certain legal rights by law, regardless of what their tenancy
agreement says. According to section 5 of the ''RTA'', any term of an agreement that “contracts out” of the ''RTA'' is considered unenforceable. If your landlord tries to unfairly reduce your
rights in this way, contact the Tenant Resource & Advisory Centre (TRAC) or the Residential Tenancy Branch (RTB) for more information.

The RTB is the department of the provincial government in charge of residential tenancy law. The most important service they provide is dispute resolution, which is essentially BC’s
tenant-landlord “court”. With over 1.5 million tenants living in BC, there is never a shortage of residential tenancy law disputes. When tenants and landlords cannot resolve disputes
on their own, they can apply for dispute resolution to have an “arbitrator” make a legally-binding decision on their behalf. The RTB also offers tenants and landlords the following services and resources:

* legal information in person, over the phone, and by email;
* [http://www.gov.bc.ca/landlordtenant website] and social media;
* online tools, such as a [https://www2.gov.bc.ca/gov/content?id=5D260CCC9DE04EEB8034BA387F149B74 Solution Explorer] and [https://www2.gov.bc.ca/gov/content?id=F49014A2C3B14F0391D3BE209E32B427 Calculators];
* [https://www2.gov.bc.ca/gov/content?id=49B9F45B33D040A3BCD1498D604B48AB online application] process for dispute resolution;
* approved residential tenancy [https://www2.gov.bc.ca/gov/content?id=8CF94F8057DF4E379952D016750480CA forms];
* [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] for Dispute Resolution; and
* [https://www2.gov.bc.ca/gov/content?id=C9E865601539459690DEF276FFEF09CA Policy Guidelines] on key topics.

==Are you covered by the law?==

When renting a home in BC, you want to be covered by the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]''. If the ''RTA'' does not apply to your living situation, you will still have certain rights under common law, but they will be less clear and harder to enforce. The Tenant Resource & Advisory Centre (TRAC) and Residential Tenancy Branch (RTB) can only provide legal
assistance to tenants and landlords protected by the ''RTA''.

===Housing ''not'' covered by the ''RTA''===

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section4 Section 4] of the ''RTA'' lists the types of living situations not covered by the ''RTA'':

* accommodation where the tenant shares a bathroom or kitchen with the owner of the property;
* accommodation provided to a student or employee by their school;
* accommodation included with property occupied primarily for business purposes and rented under a single agreement;
* vacation or travel accommodation;
* emergency shelters and transitional housing;
* correctional institutions;
* rental agreements with terms of 20 years or longer;
* accommodation rented by a housing cooperative, or “co-op”, to a member of the cooperative;
* accommodation in a housing-based health facility that provides hospitality support services and personal health care;
* accommodation made available in the course of providing rehabilitative or therapeutic treatment or services;
* housing that falls under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/02075_01 Community Care and Assisted Living Act]'', ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96070_01 Continuing Care Act]'', or ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96200_01 Hospital Act]''; and
* accommodation, if designated under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96288_01 Mental Health Act]'', in a Provincial mental health facility, an observation unit, or a psychiatric unit.

If the ''RTA'' does not cover your living situation, you will not be able to apply for dispute resolution through the RTB. Instead, you may need to use [http://www.smallclaimsbc.ca/ Small Claims Court], the [https://civilresolutionbc.ca/ Civil Resolution Tribunal], or [https://www.courts.gov.bc.ca/supreme_court/ BC Supreme Court].

'''Occupants / Roommates:''' There is another living situation that may not be covered by the ''RTA'', but is also not mentioned in section 4. If you rent from a tenant with whom you live, you may not be protected. This type of setup is common in shared houses where a “head-tenant” rents out a room to a roommate. Unless the landlord agrees to add the new roommate as a “tenant”, that person will most likely be considered an “occupant/roommate” and not be covered under the ''RTA''. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl19.pdf Policy Guideline 19] for more information.

If you currently rent a room from a tenant with whom you live, consider speaking to their landlord about being added to your roommate’s tenancy as a “co-tenant”, or signing a separate agreement. If that is not possible, you and the tenant to whom you pay rent can consider signing a contract that outlines the rules you both agree to follow. This will offer some legal protection, even though your situation is not covered by the ''RTA''.

'''Manufactured (Mobile) Homes:''' Manufactured Home Park Tenancies, also known as mobile home tenancies, ''may or may not be covered by the RTA''. If you own a mobile home and rent the land it sits on, your tenancy falls under the ''[http://www.bclaws.ca/Recon/document/ID/freeside/00_02077_01 Manufactured Home Park Tenancy Act] (MHPTA)''. However, if you rent a mobile home within a manufactured home park, your tenancy falls under the ''RTA''. As long as you are covered by either the ''RTA'' or ''MHPTA'', you can access the RTB’s resources, including dispute resolution.

===Housing covered by the ''RTA''===

The good news is that most rental housing in BC is protected by the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]''. Tenants most commonly live in apartment buildings or rented houses, including secondary suites, but the ''RTA'' can apply to other types of housing too. Rented co-op units, hotel tenancies, illegal secondary suites, rental units on “lands reserved for Indians”, strata buildings (condos or townhomes), subsidized housing, and verbal tenancies can all be covered by the ''RTA'', to varying degrees. These types of tenancies may involve additional laws and governing bodies and can present complex scenarios for tenants and landlords.

'''Cooperative Housing:''' The ''RTA'' does not apply to accommodation rented by a housing cooperative, or “co-op”, to a member of the cooperative. However, if you rent from a member of a co-op, and are not a member yourself, you will most likely be protected by the ''RTA''.

'''Hotels and Single Room Occupancies (SROs):''' Hotels are covered by the ''RTA'', if a tenancy has been established and the property is the tenant’s primary and permanent home. You have probably heard of a specific type of hotel known as a Single Room Occupancy Hotel, or “SRO”. These are commonly found in Vancouver’s Downtown Eastside and provide short-term or long-term housing to low income tenants. Like standard hotels, SROs are covered under the ''RTA'', if there is a tenancy agreement in place and the property is the tenant’s primary and permanent home. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl27.pdf Policy Guideline 27] for more information.

'''Illegal Secondary Suites:''' A secondary suite could be a basement suite, laneway house, or other unit that is on the same property as a residential house. If a secondary suite does not comply with zoning and bylaw requirements, or has not been registered with the City, it may be considered an “illegal suite”.

The most important thing to remember about illegal suites is that they are covered by the ''RTA''. That being said, it is not ideal to be living in one, as your housing could be at risk if your City finds out about the suite. This can sometimes happen if a dispute with a neighbour turns into a complaint to the City, or if you go to the City seeking help with repair or maintenance concerns.

When a City discovers an illegal suite, they may decide to shut it down. If this is the case, you will be given 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'' and your landlord will most likely not be responsible for paying any of your moving expenses.

'''Rentals on “Lands Reserved for Indians”:''' If you are renting a home on “lands reserved for Indians” (Reserve Lands) as defined by section 91(24) of the ''Constitution Act'', the ''RTA'' may partially apply. Any disputes over use and possession of Reserve Lands, such as eviction, fall under the authority of the Federal Government – not the provincial RTB. However, the ''RTA'' may apply to a situation involving a monetary claim, such as the return of a security deposit, but only if the landlord is not an Indian or Indian Band, as defined by the ''Indian Act''. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl27.pdf Policy Guideline 27] for more information.

'''Strata Buildings (Condos or Townhomes):''' In strata buildings, owners own individual units but share ownership of the common space. When you rent a strata property from an owner, you are covered by both the ''RTA'' and ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act] (SPA)''. All strata buildings have a set of bylaws and rules that owners and tenants must follow. When entering into a tenancy, your landlord should have you sign a [http://www.bclaws.ca/Recon/document/ID/freeside/12_43_2000#FormKNoticeofTenant'sResponsibilities "Form K"], which indicates that you have been notified of the current bylaws and rules. Even though you are not an owner, you may still be subject to fines or fees. For example, you might have to pay fees when moving in and moving out according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section7 section 7(f)] of the ''Residential Tenancy Regulation'', or you may have to pay fines levied by the strata corporation if you disturb neighbours or damage property according to [http://www.bclaws.ca/civix/document/id/complete/statreg/98043_07#section131 section 131] of the ''SPA''.

A strata corporation can also try to evict a tenant under [http://www.bclaws.ca/civix/document/id/complete/statreg/98043_07#section138 section 138] of the SPA by serving a One Month Notice for Cause under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''RTA''. However, even though this section exists in the ''SPA'', the RTB has been known to deny jurisdiction in such cases at dispute resolution, claiming that a strata corporation does not fit the definition of “landlord” in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section1 section 1] of the ''RTA''. This is a grey area of the law where the ''SPA'' and ''RTA'' somewhat contradict each other. If you receive an eviction notice from a strata corporation, the safest action is to not ignore it. Instead, apply for dispute resolution and allow an arbitrator to rule on the matter.

'''Subsidized Housing:''' The term “subsidized housing” generally applies to any housing where the government provides monetary assistance to lower the rent. Unless you are a member of a housing cooperative, or “co-op”, subsidized housing is covered by the ''RTA''. Here are the most common types of subsidized housing:
* Public housing: a government department, BC Housing, manages rental units for low-income families, seniors, and people with disabilities.
* Non-profit housing: non-profit organizations receive government money to manage subsidized rental units for tenants throughout the province.
* Rental supplements:
** [https://www.bchousing.org/housing-assistance/rental-assistance-financial-aid-for-home-modifications/shelter-aid-for-elderly-renters Shelter Aid for Elderly Renters] (SAFER) – cash assistance for eligible BC residents who are age 60 or over and pay rent for their homes.
** [https://www.bchousing.org/housing-assistance/rental-assistance-financial-aid-for-home-modifications/rental-assistance-program Rental Assistance Program] (RAP) – cash assistance for eligible low-income working families to help with monthly rent payments in the private market.

'''Verbal Tenancies:''' Although [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section13 section 13] of the ''RTA'' requires landlords to prepare tenancy agreements in writing, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section1 section 1] of the ''RTA'' also says that a tenancy agreement can be “oral, express or implied”. This means that you do not have to sign a written agreement to establish a tenancy. Despite the fact that verbal tenancies are covered by the ''RTA'', it is still always best to have a written agreement with your landlord.

==Landlords, owners, and agents==

It is important to understand the difference between the terms “owner”, “landlord”, and “agent”. All tenancies under the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act] (RTA)'' have an owner who is automatically considered a landlord. In addition, some tenancies will include agents acting as secondary landlords on behalf of the owner. For example, if you rent a unit in a large apartment building, there is a good chance the owner will hire a property management company to manage the building. In this situation, the owner and the property management company, acting as the owner’s agent, are considered your landlords. This means that if you have any problems during your tenancy, you can list both of them on an application for dispute resolution. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section1 section 1] of the ''RTA'' for more information.

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}

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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Moving Out When Renting

2018-12-20T18:42:13Z

Andrew Sakamoto: /* Serving documents */

{{Tenant Survival Guide TOC}}
'''DO:''' give one month notice to end your month-to-month tenancy no later than the day before your rent is due. Failing to do so could result in you owing an extra month of rent.

'''DO NOT:''' use email, text messaging, or social media when providing your one-month notice to move out. The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'' does not accept those forms of digital communication for such notice.

==Giving notice to move out==

[[File:Tenant moving out.jpg | left | frame | link= ]]

===Month-to-month tenancies===

If you have a month-to-month agreement, you can end your tenancy by giving one-month notice no later than the day before your rent is due. For example, if you pay rent on the first day of the month and want to move out by May 31st, your notice must be received by your landlord no later than April 30th.

Your notice must be in writing, so avoid email, text messaging, and social media. Instead, give your landlord a signed and dated letter with your name, signature, address, and move-out date, as set out in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section52 section 52] of the ''RTA''. Make sure to keep a copy in a safe place and take photos for added protection.

===Fixed term tenancies===

If you have a fixed term agreement, giving notice to end your tenancy is a little more complicated. Since you have entered into a legal contract for a fixed amount of time, you are generally not allowed to give notice to move out before the end of your term.

Most fixed term tenancies convert to month-to-month tenancies at the end of the term. However, if you plan to move out at the end of the term rather than have your tenancy continue, you must provide one-month notice in writing no later than the day before your rent is due – just like month-to-month agreements.

'''Vacate clauses:''' Vacate clauses can only be used in situations listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section13.1 section 13.1] of the ''Residential Tenancy Regulation''. If your agreement has a vacate clause, you do not have to give proper notice before moving out, since you already agreed to your move-out date when signing your tenancy agreement.

===Changing your mind===

Unless you obtain your landlord’s permission in writing, you are not allowed to change your mind once you have provided proper written notice to end your tenancy. If your landlord suspects that you will not move out as planned, they can apply for an Order of Possession that will take effect on the date you are supposed to leave.

==Serving documents==

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section88 Sections 88-90] of the ''Residential Tenancy Act (RTA)'' cover the rules about how tenants and landlords can give, or “serve”, forms and notices to each other. When it comes to serving your one month written notice, or any other type of form or notice, you should avoid email, text messaging, and social media, and instead use one of the following methods:
#'''In person:''' You can serve your written notice in person to your landlord, an adult who lives with your landlord, or an agent of your landlord. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of the delivery on your copy of the notice and have your witness sign it. A notice delivered in person is considered received that same day.
#'''Post the notice:''' You can attach your written notice in a visible spot at your landlord’s home, or the place where they carry out business as a landlord. For example, you can tape the notice to your landlord’s door. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of the delivery on your copy of the notice and have your witness sign it. Do not slide the notice under your landlord’s door. The ''RTA'' says that a posted notice is considered received on the third day after being posted.
#'''Mailbox or mail slot:''' You can put your written notice in the mailbox or mail slot at your landlord’s home, or the place where they carry out business as a landlord. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of the delivery on your copy of the notice and have your witness sign it. The ''RTA'' says that a notice left in the mailbox or mail slot is considered received on the third day after being left.
#'''Fax:''' You can serve your written notice by fax, if your landlord has provided you with a fax number for serving documents. Keep the confirmation printout showing the date and time the fax was sent. The ''RTA'' says that a faxed notice is considered received on the third day after being faxed.
#'''Mail:''' You can serve your written notice using regular or registered mail. If you want proof that your landlord received the notice, send it by registered mail so that Canada Post can give you confirmation. The ''RTA'' says that a mailed notice is considered received on the fifth day after being mailed.

'''Proof of Service:''' It is important to always have proof that you served a document properly. To help with this, consider using the Small Claims Court form, [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl004f.pdf “Certificate of Service”].

'''Rebuttable presumption:''' When determining the date a document is legally considered received, there is always a “rebuttable presumption”. This means that even though the ''RTA'' has rules about when documents are considered received, they may not apply if there is evidence of the document being received on a different date. For example, if you mail a notice to your landlord and get email confirmation that they received it three days later, an argument could be made that it was received after three days rather than five days.

==Special service rules for certain documents ==

Most documents can be served in any of the ways listed above, but there are some exceptions. For tenants, there are two types of documents where special rules apply – an application for dispute resolution and a notice from an arbitrator to review a decision or order. These types of documents can only be served in a limited number of ways:
# by leaving a copy with the landlord;
# by leaving a copy with an agent of the landlord; or
# by sending a copy by registered mail to the address at which the landlord lives, or to the address at which the landlord carries on business as a landlord;

This is a complicated topic and there are additional special rules about serving documents. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section89 section 89] of the ''Residential Tenancy Act'' and Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl12.pdf Policy Guideline 12] for more information.

===Emails, texts, and social media===

The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' does not recognize email, text messaging, and social media as acceptable methods of service. This means that when an official Residential Tenancy Branch (RTB) form must be served, or the ''RTA'' requires that something be done “in writing”, it is always safest to rely on hardcopy documents rather than email, text messaging, and social media. Landlords should never attach an eviction notice to an email, and tenants should never text their one-month notice to move out. If these issues ended up in dispute resolution, an arbitrator may rule that the documents were improperly served. That being said, if you receive a document that was not served properly, the safest option is to not ignore it. For example, if your landlord emails you an eviction notice, you should consider disputing it through the RTB so that an arbitrator can dismiss it and instruct your landlord to not illegally evict you.

While hardcopy documents should always be used when serving official RTB forms and notices that are legally required to be given “in writing”, email, text messaging, and social media may be acceptable when it comes to more general correspondence. For example, since there is no official RTB form for requesting repairs, a series of emails showing your landlord’s neglect for a repair request might be accepted as evidence at dispute resolution – as long as you can prove that your landlord received the emails. When it comes to email, text messaging, and social media evidence at dispute resolution, the arbitrator handling your case will always have the final say on whether or not to accept the evidence.

==Illegally breaking a lease==

If you move out before the end of your fixed term tenancy – often referred to as “breaking a lease” – your landlord may be entitled to some money, depending on how much rental income they lost and whether they made reasonable efforts to find a replacement tenant.

===Consequences for breaking a lease===

You may have to pay your landlord some money if you end your fixed term tenancy early, but it is not as simple as automatically owing the remaining months of rent. Once you have broken your lease, your landlord has a legal responsibility to minimize your loss, or “mitigate”, by trying to re-rent your unit at a fair price. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl05.pdf Policy Guideline 5] for more information.

If your landlord is forced to re-rent your unit at a $25 discount to secure a replacement tenant, they could be entitled to $25 per month over the remaining term of your agreement. However, if your landlord can re-rent your unit for more than what you were paying, that additional money they will earn over the remaining months of your agreement can be applied to, or “set off” against, any other money you owe your landlord for unpaid rent or damages. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl03.pdf RTB Policy Guideline 3] for more information.

If your landlord applies for a monetary order against you but cannot prove that they made an honest attempt to re-rent your unit, you may not be required to pay for any of their lost rental income. This means that if your landlord refused to show your unit to potential tenants, never posted an advertisement, or had too high of an asking price, they may not be entitled to any monetary compensation.

'''Liquidated damages:''' If you break a lease that includes a “liquidated damages” clause, you could be held responsible for the costs associated with finding a replacement tenant. A liquidated damages clause cannot be unreasonably high, especially considering the number of free online advertising options that are available. Liquidated damages is supposed to be a reasonable pre-estimate of the cost of re-renting a unit – not a penalty for breaking a lease. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl04.pdf RTB Policy Guideline 4] for more information.

==Alternatives to breaking a lease==

If you must end your tenancy early, there are a few options to consider before packing up and leaving. Depending on your situation, you may be able to end your tenancy without having to illegally break your lease.

===Mutual agreement to end tenancy===

Your landlord may simply agree to end your tenancy early. To help convince them, offer to help find a new tenant by advertising your rental unit and making it accessible for regular viewings. The Residential Tenancy Branch (RTB) offers a standard [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy”] form.

===Sublet / assignment===

You might be able to sublet or assign your tenancy agreement. A sublet occurs when a tenant temporarily moves out and rents their unit to a subtenant until they return, whereas an assignment occurs when a tenant permanently moves out and transfers their agreement to a new tenant. To sublet or assign your tenancy agreement, you must have your landlord’s written consent. However, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section34 section 34(2)] of the ''Residential Tenancy Act (RTA)'', if your fixed term tenancy agreement has at least six months remaining on it, your landlord cannot unreasonably withhold their consent. If you believe your landlord is unreasonably withholding consent, you have the right to apply for dispute resolution to ask for an order allowing you to sublet or assign your tenancy.

There are important differences between sublets and assignments. When you sublet a rental unit, you retain rights and responsibilities associated with that tenancy agreement. However, when you assign a rental unit, your rights and responsibilities are usually transferred to the person to whom you are assigning the agreement. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl19.pdf Policy Guideline 19] for more information.

'''Exception:''' The sublet and assignment rules in the ''RTA'' do not apply to non-profit housing that falls under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section2 section 2] of the ''Residential Tenancy Regulation''.

===Landlord breach of a material term===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section45 section 45(3)] of the ''RTA'', you can consider ending your tenancy early if your landlord has breached a “material term” and failed to correct the situation within a reasonable period after receiving your written warning. According to RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl08.pdf Policy Guideline 8], a material term is a term that is so important that even the simplest breach or violation may give you the right to end the tenancy. The ''RTA'' does not define “material term”, since the same term could be considered material in one tenancy but not another. If you end your tenancy due to breach of a material term, your landlord may apply for a monetary order against you, so be prepared to convince an arbitrator that there was no way your tenancy could have continued. Alternatively, you can apply for dispute resolution to request permission to end your tenancy early.

===Family violence or long-term care===

Tenants can end a fixed term tenancy early by providing one month written notice if they:
* need to leave their rental unit to protect themselves or their children from family violence;
* have been assessed as requiring long-term care; or
* have been accepted into a long-term care facility.

To legally end a tenancy in these circumstances, you must provide your landlord with a completed RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb49.pdf “Ending Fixed Term Tenancy Confirmation Statement”], signed by an authorized third-party verifier.

When ending a tenancy early due to family violence, here are some common examples of third party verifiers:
* medical practitioner;
* nurse practitioner;
* psychologist;
* social worker;
* police officer;
* counsellor;
* practising lawyer; or
* victim court support caseworker;

When ending a tenancy early due to long-term care, here are some common examples of third party verifiers:
* medical practitioner;
* nurse practitioner;
* psychologist;
* social worker;
* manager of a long-term care facility; or
* occupational therapist.

For more information on this topic, including a full list of all third-party verifiers, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#part7 Part 7 of the Residential Tenancy Regulation].

==Cleaning responsibilities==

Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf Policy Guideline 1] provides an overview of your responsibility to clean your rental unit when moving out. Here are some examples of areas in your rental unit that you are expected to clean:
* the inside and outside of appliances, such as the stove, fridge, and dishwasher;
* behind and underneath the fridge and stove, if they are on rollers and can be pulled out;
* floors and wall vents;
* the insides of all your windows and doors;
* the outside of any sliding glass doors or balcony windows;
* blinds and window coverings;
* walls and baseboards;
* any fireplace you used, as well as its screen, vent, or fan; and
* if your tenancy was at least one year, or you smoked or had pets, the carpets should be steam cleaned or shampooed.

==Move-out condition inspection reports==

At the end of your tenancy, you and your landlord should walk through your rental unit and complete a move-out condition inspection report. This is a chance to fill out a checklist and document the condition of your home. Completing this report when you move in and move out will help determine how much damage, if any, has been caused during your tenancy.

===Approved forms===

There is a good chance your landlord will use the standard Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb27.pdf Condition Inspection Report]. However, if they choose to use their own custom form, it should still contain all the information required by [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section20 section 20] of the ''Residential Tenancy Regulation (RTR)'' – just like the standard RTB form.

===Scheduling an inspection===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section17 section 17] of the ''RTR'', your landlord must offer you at least two opportunities – between 8am and 9pm – to complete the move-out condition inspection. If you do not accept their first offer, your landlord is required to serve you with the RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb22.pdf “Notice of Final Opportunity to Schedule a Condition Inspection”]. If you are still unavailable for the second opportunity, you can have someone else participate on your behalf. Even if you are able to participate in the inspection, you may want to consider bringing a friend or family member as a witness. Ideally, the move-out condition inspection report should be completed on the day your tenancy ends, once all your belongings have been removed from the rental unit. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section35 section 35] of the ''Residential Tenancy Act'' for more information.

===Participating in the inspection===

It can be a good idea to take photos and videos during the inspection, especially if you disagree with your landlord about the condition of your rental unit. Once you have completed the condition inspection, make sure to sign and date the report. If you disagree with your landlord about any part of the inspection, there should be space on the form to list your concerns. If you do not sign the report because you disagree with it, it may be difficult to prove that you participated in the inspection. Your landlord must give you a copy of the completed report within 15 days of completing the inspection. Keep your copy in a safe place and take photos for added protection.

==Getting your deposit returned==

If you would like to have your deposit returned, the first step is to provide your landlord with a forwarding address in writing indicating where your deposit can be sent. Make sure to have evidence that you provided your forwarding address, such as a witness or registered mail confirmation. You should also have the option to list your forwarding address on the move-out condition inspection report.

Once you have provided your forwarding address in writing and your tenancy has officially ended, your landlord has 15 days to take one of the following three actions:
# return your deposit;
# get your written permission to keep some or all of your deposit; or
# apply for dispute resolution to keep some or all of your deposit.

Your landlord can return your deposit by delivering it in person, mailing it, leaving it in your mailbox or mail slot, or sending it electronically. If your landlord returns your deposit by electronic means, they are not allowed to charge a fee.

Your landlord cannot simply decide on their own to keep your deposit. If they want it, they need written permission from either you or the Residential Tenancy Branch. After 15 days, if your landlord has not returned your deposit, obtained your written consent, or applied for dispute resolution, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section38 section 38] of the ''Residential Tenancy Act (RTA)'' gives you the right to go after your landlord through dispute resolution for double the amount of your deposit.

'''Condition inspection reports:''' If your landlord does not give you a chance to participate in a move-in or move-out condition inspection, or does not provide you with a copy of either report within the required timelines, they lose the right to claim against your security or pet damage deposit for damage to the rental unit. Conversely, if you fail to participate in an inspection after receiving two opportunities, you may lose the right to have your deposit(s) returned. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section24 sections 24] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section36 36] of the ''RTA'' for more information.

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}

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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Repairs and Services When Renting

2018-12-20T18:40:16Z

Andrew Sakamoto:

{{Tenant Survival Guide TOC}}
'''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.

'''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.

[[File:Services while renting.png | right | frame | link= ]]

==Landlord repair and maintenance responsibilities==

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:
* heating;
* plumbing;
* electricity;
* locks;
* light fixtures in common areas;
* walls, floors, and ceilings;
* fire doors and fire escapes;
* smoke detectors;
* 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

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.

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.

==Tenant repair and maintenance responsibilities==

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.

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.

'''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.

'''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.

==Emergency repairs==

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

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.

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.

'''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.

==Standards of Maintenance==

The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 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.

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.

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].

'''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.

==Services and facilities==

===Essential services and facilities===

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.

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.

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''.

===Non-essential services and facilities===

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.

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.

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
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[[Category:Tenant Survival Guide]]

Living in Peace When Renting

2018-12-20T18:40:02Z

Andrew Sakamoto:

{{Tenant Survival Guide TOC}}
'''DO:''' respect your neighbours’ right to quiet enjoyment. Treat them how you expect them to treat you.

'''DO NOT:''' think that quiet enjoyment gives you the right to complete silence. If you live with neighbouring tenants, you should expect some noise – especially during the day.

[[File:noisy neighbors.jpg | right | frame | link= ]]

==The meaning of quiet enjoyment==

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section28 Section 28] of the ''Residential Tenancy Act (RTA)'' covers “quiet enjoyment” – an important legal principle that gives every tenant the right to:
* reasonable privacy;
* freedom from unreasonable disturbances;
* exclusive use of their rental unit (unless their landlord is allowed to enter by law); and
* use of common areas for reasonable purposes.

Here are some situations that may be considered breaches, or violations, of quiet enjoyment:
* unreasonable and ongoing noise;
* unreasonable and ongoing second-hand smoke;
* intimidation or harassment;
* landlord entering your rental unit too frequently;
* landlord entering your rental unit without permission or proper notice; and
* landlord unreasonably refusing you access to common areas of the residential property.

The ''RTA'' deals with tenant-landlord relationships – not tenant-tenant relationships. This means that if another tenant has breached your right to quiet enjoyment, and you do not feel comfortable approaching them about the matter, you can ask your landlord to step in and correct the situation. If your landlord fails to ensure that your right to quiet enjoyment is protected, you can take your landlord – not the tenant – to dispute resolution.

==Landlord entry==

===''Legal'' landlord entry===

To legally enter a rental unit, landlords must provide tenants with written notice at least 24 hours – but not more than 30 days – before entering. The notice must state:
* the date;
* the time (between 8am and 9pm); and
* a reasonable reason for entry, such as making repairs or completing a monthly inspection.

If your landlord has given proper notice, they can enter your rental unit even if you are not home at that time.

'''Exceptions:''' A landlord can enter a rental unit without proper notice or permission if:
* there is an emergency and the landlord’s entry is necessary to protect life or property;
* the landlord has obtained a Residential Tenancy Branch order that gives them permission to enter;
* the landlord or an agent of the landlord needs to provide housekeeping services in accordance with the tenancy agreement; or
* the tenant has “abandoned” the rental property, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#part5 Part 5] of the ''Residential Tenancy Regulation''.

See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section29 section 29] of the ''Residential Tenancy Act'' for more information.

===''Illegal'' landlord entry===

If your landlord enters your rental unit illegally, write them a letter explaining that they must provide you with proper written notice in the future. If your landlord continues to break the law, an arbitrator can:
* order your landlord to obey the law in the future;
* give you permission to change the locks and keep the only key;
* allow your landlord to enter only under certain conditions; and
* if your landlord’s behaviour is serious enough, order them to pay you money.

It can be difficult to prove to an arbitrator that your landlord entered your home illegally. Evidence such as photos, videos, complaint letters, witness statements, and affidavits can significantly improve your chances of winning a dispute resolution hearing.

==Noise==

Quiet enjoyment gives you the right to be free from unreasonable disturbances; it does not give you the right to complete silence at all times. If you live with neighbouring tenants, you should expect a reasonable amount of noise – especially during the day. In addition, if you live in an older building, you should expect inferior soundproofing compared to more modern buildings. To help you determine what is considered reasonable noise in your neighbourhood, check to see if your municipality has a noise bylaw.

If noise issues become unreasonable, inform your landlord in writing that your right to quiet enjoyment has been breached, or violated. Once notified, your landlord has a responsibility to investigate the problem and, if necessary, correct the situation. Although the police do not normally get involved in residential tenancy disputes, you can consider contacting them in extreme situations, such as an excessively loud party late at night.

==Smoking==

If you are searching for housing as a non-smoker, ask about the smoking rules for the entire building – not only the rental unit you are viewing. Some buildings with “no-smoking” policies may still have tenants who smoke because they have lived in the building since before the policy was introduced. Even though these tenants may legally be allowed to smoke, your landlord must still ensure that their smoking does not unreasonably disturb you.

'''Marijuana:''' Landlords in BC are allowed to restrict tenants from growing and smoking recreational marijuana in rental properties. Tenants who have been prescribed medical marijuana may have the right to consume it in their rental unit under the [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01 BC Human Rights Code], but they must also ensure that they are not violating another tenant’s right to quiet enjoyment under the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

==Intimidation, harassment, and physical harm==

Your landlord is never allowed to intimidate, threaten, or harass you. In the same way that a doctor must act professionally about matters related to your health, your landlord should treat you professionally when dealing with your tenancy. They are running a business and you are their customer.

If your landlord’s behaviour endangers your personal safety, you can apply to the Residential Tenancy Branch (RTB) for the right to change your locks and an order instructing your landlord to follow the law. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section45 section 45(3)] of the RTA, you can also consider ending your tenancy early if your landlord has breached a “material term” and failed to correct the situation within a reasonable period after receiving your written warning. According to RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl08.pdf Policy Guideline 8], a material term is a term that is so important that even the simplest breach or violation may give you the right to end your tenancy. Although this may seem straightforward, material terms can actually be quite complicated and case-by-case; it is possible for the same term to be considered material in one tenancy but not another.

If you end your tenancy due to breach of a material term, your landlord may apply for a monetary order against you, so be prepared to convince an arbitrator that there was no way your tenancy could have continued. Alternatively, you can always apply for dispute resolution to request permission to end your tenancy early.

'''Calling the police:''' The police do not generally get involved in residential tenancy disputes. However, if your landlord or another tenant ever physically hurts you, threatens to hurt you, forcibly enters your home, or puts you in danger, contact the police immediately.

==Guests==

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#Schedule section 9 of the Schedule] in the ''Residential Tenancy Regulation'', your landlord cannot unreasonably restrict guests from entering your rental property or charge you a fee for having guests visit – even if they stay overnight. However, at some point a “guest” becomes an “occupant”, so be reasonable when it comes to overnight visitors. The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' does not provide any details on the maximum number of days a guest can visit, so use your best judgement.

Your tenancy agreement might try to limit the number of times guests can stay overnight throughout the year. If that is the case, remember that no tenancy agreement in BC can avoid the law, or contain unconscionable terms – even if it has been signed by the tenant. The ''RTA'' says that you can have guests visit and stay overnight under reasonable circumstances, and your landlord cannot take that right away. For example, if your tenancy agreement says that you can have overnight visitors for only 14 days per year, there is a reasonable argument to be made at dispute resolution that an arbitrator should find that term to be unconscionable and unenforceable.

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}

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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Repairs and Services When Renting

2018-12-20T18:39:47Z

Andrew Sakamoto:

{{Tenant Survival Guide TOC}}
'''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.

'''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.

==Landlord repair and maintenance responsibilities==

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:
* heating;
* plumbing;
* electricity;
* locks;
* light fixtures in common areas;
* walls, floors, and ceilings;
* fire doors and fire escapes;
* smoke detectors;
* 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

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.

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.

==Tenant repair and maintenance responsibilities==

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.

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.

'''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.

'''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.

==Emergency repairs==

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

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.

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.

'''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.

==Standards of Maintenance==

The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 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.

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.

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].

'''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.

==Services and facilities==

===Essential services and facilities===

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.

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.

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''.

===Non-essential services and facilities===

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.

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.

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
|author =
}}
__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Finding Rental Housing

2018-12-20T18:39:03Z

Andrew Sakamoto:

{{Tenant Survival Guide TOC}}
'''DO:''' trust your instincts. If a potential landlord asks for illegal personal information, think twice about filling out an application.

'''DO NOT:''' sign a tenancy agreement that you do not understand or have not fully read.

==Budgeting for rental housing==

When searching for rental housing, it is important to calculate how much money you can afford to pay each month. Your basic rent is an obvious expense, but there are still other monthly and one-time expenses to consider.

[[File:tenant laundry.png | left | frame | link= ]]

===Monthly expenses===

Here are some examples of monthly expenses that may or may not be included as part of your rent:
* utilities, such as electricity, heating, and hot water;
* TV, internet, and phone services;
* coin-operated laundry;
* transit pass;
* parking fee or permit; and
* tenant insurance.

===One-time expenses===

Here are some examples of one-time expenses that you may need to pay at the start of your tenancy:
* security deposit;
* pet damage deposit;
* deposits to utility companies;
* installation / activation fees to utility companies;
* deposits to telecommunication companies;
* installation / activation fees to telecommunication companies;
* moving truck;
* boxes and supplies to pack your belongings;
* new appliances, such as a microwave, barbeque, and TV; and
* new furniture, such as a bed, couch, and dresser.

==Identifying rental needs and preferences==

Deciding where to apply for rental housing can be overwhelming. To help focus your search, think about your rental needs and preferences. Consider ranking the following factors:
* distance to work, school, shopping, and friends;
* access to public transit;
* size of the unit;
* type of property;
* type of neighbourhood;
* nearby amenities;
* smoking / non-smoking rules;
* pet policies;
* roommate restrictions;
* accessibility requirements; and
* safety concerns.

==Searching for rental housing==

Search popular rental websites such as [https://vancouver.craigslist.ca/ Craigslist], [https://www.kijiji.ca/ Kijiji], and [https://www.padmapper.com/ Padmapper], but also expand your search beyond the internet. Not all landlords know how to advertise their rental units online, so look out for bulletin board postings at coffee shops, “vacancy” signs outside buildings, and listings in your local newspaper. It can also be wise to get the word out within your network of family, friends, coworkers, teams, and clubs. Even strangers or acquaintances may have a lead on your future home, so consider mentioning your housing search when buying groceries, getting a haircut, or settling your bill at a restaurant.

===Application fees===

In BC’s competitive rental housing market, some landlords try asking for illegal application fees. According to section 15 of the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'', landlords cannot charge a fee for:
* accepting an application;
* processing an application;
* investigating an applicant’s suitability as a tenant; or
* accepting a person as a tenant.

This practice is illegal even if a landlord ends up returning the fee to rejected applicants, or applying the fee to the security deposit of successful applicants.

===Rental scams===

Craigslist, Kijiji, and PadMapper have a lot of legitimate rental listings, but you need to be careful of scams. Never send money to someone you have yet to meet, and never pay a deposit before you have viewed the rental unit. If you are suspicious of a potential landlord, trust your instincts.

To avoid rental scams, ask yourself the following questions:
* Is the rent suspiciously low? How much do similar rental units in the neighbourhood cost?
* Are you being asked to mail your deposit in cash, or send it electronically?
* Is the person you are contacting not willing to arrange an in-person viewing?
* Does the person you are contacting seem too eager? Most landlords will ask for references and/or a credit check before committing to a tenant.
* What do the neighbours say? Depending on the type of housing, you may be able to ask people living nearby about the owner and property.

'''Newcomers to BC:''' If you are moving to BC and want to have a home lined up for when you arrive, ask someone you trust to view rental units and meet with potential landlords before accepting any offers. Alternatively, consider staying in a hotel or hostel until you have personally taken the time to find a new home.

==Viewing a rental unit==

Finding a rental unit in BC can be challenging, as you will most likely be competing against several other applicants for the same housing. When attending a viewing, do your best to stand out from the crowd by making a good first impression, coming prepared with relevant documents, and asking the right questions.

===How to make a good first impression===

Here are a few tips to consider when viewing a rental unit:
* arrive on time;
* dress business-casual;
* avoid clothing with tears and controversial slogans or logos;
* minimize strong smells of perfume or cologne;
* do not smoke or drink alcohol before the viewing;
* introduce yourself and shake the landlord’s hand;
* take your shoes off when touring the property (and remember to wear socks);
* strike up a conversation and try to find some common interests; and
* thank the landlord for showing you their rental unit and answering your questions.

===What to bring===

Consider bringing the following to a viewing:
* cover letter;
* references;
* credit check;
* pet resume;
* ''[https://www.rentingitright.ca/ Renting It Right]'' certificate;
* tape measure and furniture dimensions; and
* friend or family member.

===What to ask===

Consider asking the following questions during a viewing:
* Does the rental unit follow local bylaws? For example, is the rental unit an illegal suite?
* Does the place include appliances and amenities, or has it been “staged” for the viewing?
* Are the neighbours generally quiet and respectful?
* Is the building soundproofed, or is it common to hear noise from other units?
* Has there been a history of bed bugs, other infestations, or illegal activity?
* Is there public transit nearby?
* What are the rules about smoking, pets, roommates, and accessibility?
* Is there laundry available in-suite, or at least somewhere on the property?
* Are there designated parking spots for tenants, or is there only street parking?
* Is storage room available on the property?
* Are there any fees for parking, storage, or laundry?
* Is the heat for the unit controlled from within the unit or from within a different unit?

==Personal information==

Landlords in BC must follow the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/03063_01 Personal Information and Protection Act]'', which outlines the rules for collecting, using, storing, disclosing, and protecting a tenant’s personal information. The [https://oipc.bc.ca Office of the Information and Privacy Commissioner for BC] (OIPC) has developed a helpful [https://www.oipc.bc.ca/guidance-documents/1456 guidance document] that explains these rules in plain language. This ''Tenant Survival Guide'' covers only the basics of personal information, so contact the OIPC or view their guidance document at for more information.

===Information landlords can ''always'' ask===

According to the OIPC, landlords can '''always''' ask for the following information:
* name and proof of identity;
* contact information;
* name of current and previous landlords;
* eviction history;
* addresses of previous residences and how long you lived there;
* reason(s) for leaving previous residences;
* pet information;
* expected length of tenancy;
* consent for a criminal record check; and
* number of occupants.

===Information landlords can ''sometimes'' ask===

According to the OIPC, landlords can '''sometimes''' ask for the following information:
* birth date;
* age of unit occupants;
* social insurance number (SIN);
* non-landlord (personal) references;
* amount of current or previous rent;
* current employment and salary information;
* consent for a credit check;
* bank statements; and
* federal tax assessments.

Whether or not a landlord can ask for this information will depend on the situation. For example, a landlord may be allowed to ask you for pay stubs, bank statements, income tax assessments or consent for a credit check, but only if you are unable to provide satisfactory references or employment and income verification.

'''Social Insurance Number (SIN):''' If a landlord has grounds to ask for a credit check, they will probably ask for your birth date and SIN. To avoid having to provide your SIN, consider obtaining a free credit check on yourself and distributing copies to potential landlords. Contact [https://consumer.equifax.ca Equifax] or [https://transunion.ca TransUnion] for more information.

===Information landlords can (almost) ''never'' ask===

According to the OIPC, landlords can almost '''never''' ask for the following information:
* consent to collect personal information “from other sources”;
* proof of insurance;
* driver’s licence number;
* whether any intended occupants smoke;
* vehicle information;
* banking history;
* marital status;
* credit card number; and
* emergency contact info.

==Discrimination==

According to [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01#section10 section 10] of the ''BC Human Rights Code'', a landlord may not refuse to rent to you because of your:
* race;
* colour;
* ancestry;
* place of origin;
* religion;
* marital status;
* family status;
* physical or mental disability;
* sex;
* sexual orientation;
* age (if 19 or older); or
* lawful source of income.

If you think you may have been discriminated against, contact the [https://bchrc.netBC Human Rights Clinic] at 1-855-685-6222.

===A closer look===

'''Family status:''' Landlords can restrict the number of occupants in your rental unit, but they are not allowed to refuse to rent to you because you have children. If you are searching for housing with a boyfriend or girlfriend, a landlord cannot refuse to rent to you because you are unmarried.

'''Lawful source of income:''' Landlords are not allowed to discriminate based on your source of income, as long as it is legal. For example, you cannot be refused a tenancy because you receive income from welfare, disability benefits, or student loans.

'''Age:''' [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section3 Section 3] of the ''Residential Tenancy Act (RTA)'' allows landlords to rent to minors (under age 19). If you are a minor who has entered into a tenancy agreement with a landlord, you have all the same rights and responsibilities as any other tenant protected by the ''RTA''. However, if you are under age 19, landlords are allowed to lawfully discriminate and not rent to you because of your age.

===Exceptions===

There are a few exceptions to the protected grounds listed in [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01#section10 section 10] of the ''BC Human Rights Code''. The laws about discrimination may not apply if:
* the applicant will be sharing sleeping, bathroom, or cooking facilities with another person;
* the building is designated for adults age 55 and older; or
* the unit has the required permits to be designated for people with disabilities.

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
|author =
}}

__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Finding Rental Housing

2018-12-20T18:38:31Z

Andrew Sakamoto:

{{Tenant Survival Guide TOC}}
'''DO:''' trust your instincts. If a potential landlord asks for illegal personal information, think twice about filling out an application.

'''DO NOT:''' sign a tenancy agreement that you do not understand or have not fully read.

==Budgeting for rental housing==

[[File:tenant laundry.png | left | frame | link= ]]

When searching for rental housing, it is important to calculate how much money you can afford to pay each month. Your basic rent is an obvious expense, but there are still other monthly and one-time expenses to consider.

===Monthly expenses===

Here are some examples of monthly expenses that may or may not be included as part of your rent:
* utilities, such as electricity, heating, and hot water;
* TV, internet, and phone services;
* coin-operated laundry;
* transit pass;
* parking fee or permit; and
* tenant insurance.

===One-time expenses===

Here are some examples of one-time expenses that you may need to pay at the start of your tenancy:
* security deposit;
* pet damage deposit;
* deposits to utility companies;
* installation / activation fees to utility companies;
* deposits to telecommunication companies;
* installation / activation fees to telecommunication companies;
* moving truck;
* boxes and supplies to pack your belongings;
* new appliances, such as a microwave, barbeque, and TV; and
* new furniture, such as a bed, couch, and dresser.

==Identifying rental needs and preferences==

Deciding where to apply for rental housing can be overwhelming. To help focus your search, think about your rental needs and preferences. Consider ranking the following factors:
* distance to work, school, shopping, and friends;
* access to public transit;
* size of the unit;
* type of property;
* type of neighbourhood;
* nearby amenities;
* smoking / non-smoking rules;
* pet policies;
* roommate restrictions;
* accessibility requirements; and
* safety concerns.

==Searching for rental housing==

Search popular rental websites such as [https://vancouver.craigslist.ca/ Craigslist], [https://www.kijiji.ca/ Kijiji], and [https://www.padmapper.com/ Padmapper], but also expand your search beyond the internet. Not all landlords know how to advertise their rental units online, so look out for bulletin board postings at coffee shops, “vacancy” signs outside buildings, and listings in your local newspaper. It can also be wise to get the word out within your network of family, friends, coworkers, teams, and clubs. Even strangers or acquaintances may have a lead on your future home, so consider mentioning your housing search when buying groceries, getting a haircut, or settling your bill at a restaurant.

===Application fees===

In BC’s competitive rental housing market, some landlords try asking for illegal application fees. According to section 15 of the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'', landlords cannot charge a fee for:
* accepting an application;
* processing an application;
* investigating an applicant’s suitability as a tenant; or
* accepting a person as a tenant.

This practice is illegal even if a landlord ends up returning the fee to rejected applicants, or applying the fee to the security deposit of successful applicants.

===Rental scams===

Craigslist, Kijiji, and PadMapper have a lot of legitimate rental listings, but you need to be careful of scams. Never send money to someone you have yet to meet, and never pay a deposit before you have viewed the rental unit. If you are suspicious of a potential landlord, trust your instincts.

To avoid rental scams, ask yourself the following questions:
* Is the rent suspiciously low? How much do similar rental units in the neighbourhood cost?
* Are you being asked to mail your deposit in cash, or send it electronically?
* Is the person you are contacting not willing to arrange an in-person viewing?
* Does the person you are contacting seem too eager? Most landlords will ask for references and/or a credit check before committing to a tenant.
* What do the neighbours say? Depending on the type of housing, you may be able to ask people living nearby about the owner and property.

'''Newcomers to BC:''' If you are moving to BC and want to have a home lined up for when you arrive, ask someone you trust to view rental units and meet with potential landlords before accepting any offers. Alternatively, consider staying in a hotel or hostel until you have personally taken the time to find a new home.

==Viewing a rental unit==

Finding a rental unit in BC can be challenging, as you will most likely be competing against several other applicants for the same housing. When attending a viewing, do your best to stand out from the crowd by making a good first impression, coming prepared with relevant documents, and asking the right questions.

===How to make a good first impression===

Here are a few tips to consider when viewing a rental unit:
* arrive on time;
* dress business-casual;
* avoid clothing with tears and controversial slogans or logos;
* minimize strong smells of perfume or cologne;
* do not smoke or drink alcohol before the viewing;
* introduce yourself and shake the landlord’s hand;
* take your shoes off when touring the property (and remember to wear socks);
* strike up a conversation and try to find some common interests; and
* thank the landlord for showing you their rental unit and answering your questions.

===What to bring===

Consider bringing the following to a viewing:
* cover letter;
* references;
* credit check;
* pet resume;
* ''[https://www.rentingitright.ca/ Renting It Right]'' certificate;
* tape measure and furniture dimensions; and
* friend or family member.

===What to ask===

Consider asking the following questions during a viewing:
* Does the rental unit follow local bylaws? For example, is the rental unit an illegal suite?
* Does the place include appliances and amenities, or has it been “staged” for the viewing?
* Are the neighbours generally quiet and respectful?
* Is the building soundproofed, or is it common to hear noise from other units?
* Has there been a history of bed bugs, other infestations, or illegal activity?
* Is there public transit nearby?
* What are the rules about smoking, pets, roommates, and accessibility?
* Is there laundry available in-suite, or at least somewhere on the property?
* Are there designated parking spots for tenants, or is there only street parking?
* Is storage room available on the property?
* Are there any fees for parking, storage, or laundry?
* Is the heat for the unit controlled from within the unit or from within a different unit?

==Personal information==

Landlords in BC must follow the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/03063_01 Personal Information and Protection Act]'', which outlines the rules for collecting, using, storing, disclosing, and protecting a tenant’s personal information. The [https://oipc.bc.ca Office of the Information and Privacy Commissioner for BC] (OIPC) has developed a helpful [https://www.oipc.bc.ca/guidance-documents/1456 guidance document] that explains these rules in plain language. This ''Tenant Survival Guide'' covers only the basics of personal information, so contact the OIPC or view their guidance document at for more information.

===Information landlords can ''always'' ask===

According to the OIPC, landlords can '''always''' ask for the following information:
* name and proof of identity;
* contact information;
* name of current and previous landlords;
* eviction history;
* addresses of previous residences and how long you lived there;
* reason(s) for leaving previous residences;
* pet information;
* expected length of tenancy;
* consent for a criminal record check; and
* number of occupants.

===Information landlords can ''sometimes'' ask===

According to the OIPC, landlords can '''sometimes''' ask for the following information:
* birth date;
* age of unit occupants;
* social insurance number (SIN);
* non-landlord (personal) references;
* amount of current or previous rent;
* current employment and salary information;
* consent for a credit check;
* bank statements; and
* federal tax assessments.

Whether or not a landlord can ask for this information will depend on the situation. For example, a landlord may be allowed to ask you for pay stubs, bank statements, income tax assessments or consent for a credit check, but only if you are unable to provide satisfactory references or employment and income verification.

'''Social Insurance Number (SIN):''' If a landlord has grounds to ask for a credit check, they will probably ask for your birth date and SIN. To avoid having to provide your SIN, consider obtaining a free credit check on yourself and distributing copies to potential landlords. Contact [https://consumer.equifax.ca Equifax] or [https://transunion.ca TransUnion] for more information.

===Information landlords can (almost) ''never'' ask===

According to the OIPC, landlords can almost '''never''' ask for the following information:
* consent to collect personal information “from other sources”;
* proof of insurance;
* driver’s licence number;
* whether any intended occupants smoke;
* vehicle information;
* banking history;
* marital status;
* credit card number; and
* emergency contact info.

==Discrimination==

According to [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01#section10 section 10] of the ''BC Human Rights Code'', a landlord may not refuse to rent to you because of your:
* race;
* colour;
* ancestry;
* place of origin;
* religion;
* marital status;
* family status;
* physical or mental disability;
* sex;
* sexual orientation;
* age (if 19 or older); or
* lawful source of income.

If you think you may have been discriminated against, contact the [https://bchrc.netBC Human Rights Clinic] at 1-855-685-6222.

===A closer look===

'''Family status:''' Landlords can restrict the number of occupants in your rental unit, but they are not allowed to refuse to rent to you because you have children. If you are searching for housing with a boyfriend or girlfriend, a landlord cannot refuse to rent to you because you are unmarried.

'''Lawful source of income:''' Landlords are not allowed to discriminate based on your source of income, as long as it is legal. For example, you cannot be refused a tenancy because you receive income from welfare, disability benefits, or student loans.

'''Age:''' [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section3 Section 3] of the ''Residential Tenancy Act (RTA)'' allows landlords to rent to minors (under age 19). If you are a minor who has entered into a tenancy agreement with a landlord, you have all the same rights and responsibilities as any other tenant protected by the ''RTA''. However, if you are under age 19, landlords are allowed to lawfully discriminate and not rent to you because of your age.

===Exceptions===

There are a few exceptions to the protected grounds listed in [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01#section10 section 10] of the ''BC Human Rights Code''. The laws about discrimination may not apply if:
* the applicant will be sharing sleeping, bathroom, or cooking facilities with another person;
* the building is designated for adults age 55 and older; or
* the unit has the required permits to be designated for people with disabilities.

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
|author =
}}

__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Finding Rental Housing

2018-12-20T18:38:08Z

Andrew Sakamoto:

{{Tenant Survival Guide TOC}}
'''DO:''' trust your instincts. If a potential landlord asks for illegal personal information, think twice about filling out an application.

'''DO NOT:''' sign a tenancy agreement that you do not understand or have not fully read.

[[File:tenant laundry.png | left | frame | link= ]]

==Budgeting for rental housing==
When searching for rental housing, it is important to calculate how much money you can afford to pay each month. Your basic rent is an obvious expense, but there are still other monthly and one-time expenses to consider.

===Monthly expenses===

Here are some examples of monthly expenses that may or may not be included as part of your rent:
* utilities, such as electricity, heating, and hot water;
* TV, internet, and phone services;
* coin-operated laundry;
* transit pass;
* parking fee or permit; and
* tenant insurance.

===One-time expenses===

Here are some examples of one-time expenses that you may need to pay at the start of your tenancy:
* security deposit;
* pet damage deposit;
* deposits to utility companies;
* installation / activation fees to utility companies;
* deposits to telecommunication companies;
* installation / activation fees to telecommunication companies;
* moving truck;
* boxes and supplies to pack your belongings;
* new appliances, such as a microwave, barbeque, and TV; and
* new furniture, such as a bed, couch, and dresser.

==Identifying rental needs and preferences==

Deciding where to apply for rental housing can be overwhelming. To help focus your search, think about your rental needs and preferences. Consider ranking the following factors:
* distance to work, school, shopping, and friends;
* access to public transit;
* size of the unit;
* type of property;
* type of neighbourhood;
* nearby amenities;
* smoking / non-smoking rules;
* pet policies;
* roommate restrictions;
* accessibility requirements; and
* safety concerns.

==Searching for rental housing==

Search popular rental websites such as [https://vancouver.craigslist.ca/ Craigslist], [https://www.kijiji.ca/ Kijiji], and [https://www.padmapper.com/ Padmapper], but also expand your search beyond the internet. Not all landlords know how to advertise their rental units online, so look out for bulletin board postings at coffee shops, “vacancy” signs outside buildings, and listings in your local newspaper. It can also be wise to get the word out within your network of family, friends, coworkers, teams, and clubs. Even strangers or acquaintances may have a lead on your future home, so consider mentioning your housing search when buying groceries, getting a haircut, or settling your bill at a restaurant.

===Application fees===

In BC’s competitive rental housing market, some landlords try asking for illegal application fees. According to section 15 of the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'', landlords cannot charge a fee for:
* accepting an application;
* processing an application;
* investigating an applicant’s suitability as a tenant; or
* accepting a person as a tenant.

This practice is illegal even if a landlord ends up returning the fee to rejected applicants, or applying the fee to the security deposit of successful applicants.

===Rental scams===

Craigslist, Kijiji, and PadMapper have a lot of legitimate rental listings, but you need to be careful of scams. Never send money to someone you have yet to meet, and never pay a deposit before you have viewed the rental unit. If you are suspicious of a potential landlord, trust your instincts.

To avoid rental scams, ask yourself the following questions:
* Is the rent suspiciously low? How much do similar rental units in the neighbourhood cost?
* Are you being asked to mail your deposit in cash, or send it electronically?
* Is the person you are contacting not willing to arrange an in-person viewing?
* Does the person you are contacting seem too eager? Most landlords will ask for references and/or a credit check before committing to a tenant.
* What do the neighbours say? Depending on the type of housing, you may be able to ask people living nearby about the owner and property.

'''Newcomers to BC:''' If you are moving to BC and want to have a home lined up for when you arrive, ask someone you trust to view rental units and meet with potential landlords before accepting any offers. Alternatively, consider staying in a hotel or hostel until you have personally taken the time to find a new home.

==Viewing a rental unit==

Finding a rental unit in BC can be challenging, as you will most likely be competing against several other applicants for the same housing. When attending a viewing, do your best to stand out from the crowd by making a good first impression, coming prepared with relevant documents, and asking the right questions.

===How to make a good first impression===

Here are a few tips to consider when viewing a rental unit:
* arrive on time;
* dress business-casual;
* avoid clothing with tears and controversial slogans or logos;
* minimize strong smells of perfume or cologne;
* do not smoke or drink alcohol before the viewing;
* introduce yourself and shake the landlord’s hand;
* take your shoes off when touring the property (and remember to wear socks);
* strike up a conversation and try to find some common interests; and
* thank the landlord for showing you their rental unit and answering your questions.

===What to bring===

Consider bringing the following to a viewing:
* cover letter;
* references;
* credit check;
* pet resume;
* ''[https://www.rentingitright.ca/ Renting It Right]'' certificate;
* tape measure and furniture dimensions; and
* friend or family member.

===What to ask===

Consider asking the following questions during a viewing:
* Does the rental unit follow local bylaws? For example, is the rental unit an illegal suite?
* Does the place include appliances and amenities, or has it been “staged” for the viewing?
* Are the neighbours generally quiet and respectful?
* Is the building soundproofed, or is it common to hear noise from other units?
* Has there been a history of bed bugs, other infestations, or illegal activity?
* Is there public transit nearby?
* What are the rules about smoking, pets, roommates, and accessibility?
* Is there laundry available in-suite, or at least somewhere on the property?
* Are there designated parking spots for tenants, or is there only street parking?
* Is storage room available on the property?
* Are there any fees for parking, storage, or laundry?
* Is the heat for the unit controlled from within the unit or from within a different unit?

==Personal information==

Landlords in BC must follow the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/03063_01 Personal Information and Protection Act]'', which outlines the rules for collecting, using, storing, disclosing, and protecting a tenant’s personal information. The [https://oipc.bc.ca Office of the Information and Privacy Commissioner for BC] (OIPC) has developed a helpful [https://www.oipc.bc.ca/guidance-documents/1456 guidance document] that explains these rules in plain language. This ''Tenant Survival Guide'' covers only the basics of personal information, so contact the OIPC or view their guidance document at for more information.

===Information landlords can ''always'' ask===

According to the OIPC, landlords can '''always''' ask for the following information:
* name and proof of identity;
* contact information;
* name of current and previous landlords;
* eviction history;
* addresses of previous residences and how long you lived there;
* reason(s) for leaving previous residences;
* pet information;
* expected length of tenancy;
* consent for a criminal record check; and
* number of occupants.

===Information landlords can ''sometimes'' ask===

According to the OIPC, landlords can '''sometimes''' ask for the following information:
* birth date;
* age of unit occupants;
* social insurance number (SIN);
* non-landlord (personal) references;
* amount of current or previous rent;
* current employment and salary information;
* consent for a credit check;
* bank statements; and
* federal tax assessments.

Whether or not a landlord can ask for this information will depend on the situation. For example, a landlord may be allowed to ask you for pay stubs, bank statements, income tax assessments or consent for a credit check, but only if you are unable to provide satisfactory references or employment and income verification.

'''Social Insurance Number (SIN):''' If a landlord has grounds to ask for a credit check, they will probably ask for your birth date and SIN. To avoid having to provide your SIN, consider obtaining a free credit check on yourself and distributing copies to potential landlords. Contact [https://consumer.equifax.ca Equifax] or [https://transunion.ca TransUnion] for more information.

===Information landlords can (almost) ''never'' ask===

According to the OIPC, landlords can almost '''never''' ask for the following information:
* consent to collect personal information “from other sources”;
* proof of insurance;
* driver’s licence number;
* whether any intended occupants smoke;
* vehicle information;
* banking history;
* marital status;
* credit card number; and
* emergency contact info.

==Discrimination==

According to [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01#section10 section 10] of the ''BC Human Rights Code'', a landlord may not refuse to rent to you because of your:
* race;
* colour;
* ancestry;
* place of origin;
* religion;
* marital status;
* family status;
* physical or mental disability;
* sex;
* sexual orientation;
* age (if 19 or older); or
* lawful source of income.

If you think you may have been discriminated against, contact the [https://bchrc.netBC Human Rights Clinic] at 1-855-685-6222.

===A closer look===

'''Family status:''' Landlords can restrict the number of occupants in your rental unit, but they are not allowed to refuse to rent to you because you have children. If you are searching for housing with a boyfriend or girlfriend, a landlord cannot refuse to rent to you because you are unmarried.

'''Lawful source of income:''' Landlords are not allowed to discriminate based on your source of income, as long as it is legal. For example, you cannot be refused a tenancy because you receive income from welfare, disability benefits, or student loans.

'''Age:''' [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section3 Section 3] of the ''Residential Tenancy Act (RTA)'' allows landlords to rent to minors (under age 19). If you are a minor who has entered into a tenancy agreement with a landlord, you have all the same rights and responsibilities as any other tenant protected by the ''RTA''. However, if you are under age 19, landlords are allowed to lawfully discriminate and not rent to you because of your age.

===Exceptions===

There are a few exceptions to the protected grounds listed in [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01#section10 section 10] of the ''BC Human Rights Code''. The laws about discrimination may not apply if:
* the applicant will be sharing sleeping, bathroom, or cooking facilities with another person;
* the building is designated for adults age 55 and older; or
* the unit has the required permits to be designated for people with disabilities.

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}

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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Living in Peace When Renting

2018-12-20T18:37:32Z

Andrew Sakamoto:

{{Tenant Survival Guide TOC}}
'''DO:''' respect your neighbours’ right to quiet enjoyment. Treat them how you expect them to treat you.

'''DO NOT:''' think that quiet enjoyment gives you the right to complete silence. If you live with neighbouring tenants, you should expect some noise – especially during the day.

[[File:Services while renting.png | right | frame | link= ]]

==The meaning of quiet enjoyment==

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section28 Section 28] of the ''Residential Tenancy Act (RTA)'' covers “quiet enjoyment” – an important legal principle that gives every tenant the right to:
* reasonable privacy;
* freedom from unreasonable disturbances;
* exclusive use of their rental unit (unless their landlord is allowed to enter by law); and
* use of common areas for reasonable purposes.

Here are some situations that may be considered breaches, or violations, of quiet enjoyment:
* unreasonable and ongoing noise;
* unreasonable and ongoing second-hand smoke;
* intimidation or harassment;
* landlord entering your rental unit too frequently;
* landlord entering your rental unit without permission or proper notice; and
* landlord unreasonably refusing you access to common areas of the residential property.

The ''RTA'' deals with tenant-landlord relationships – not tenant-tenant relationships. This means that if another tenant has breached your right to quiet enjoyment, and you do not feel comfortable approaching them about the matter, you can ask your landlord to step in and correct the situation. If your landlord fails to ensure that your right to quiet enjoyment is protected, you can take your landlord – not the tenant – to dispute resolution.

==Landlord entry==

===''Legal'' landlord entry===

To legally enter a rental unit, landlords must provide tenants with written notice at least 24 hours – but not more than 30 days – before entering. The notice must state:
* the date;
* the time (between 8am and 9pm); and
* a reasonable reason for entry, such as making repairs or completing a monthly inspection.

If your landlord has given proper notice, they can enter your rental unit even if you are not home at that time.

'''Exceptions:''' A landlord can enter a rental unit without proper notice or permission if:
* there is an emergency and the landlord’s entry is necessary to protect life or property;
* the landlord has obtained a Residential Tenancy Branch order that gives them permission to enter;
* the landlord or an agent of the landlord needs to provide housekeeping services in accordance with the tenancy agreement; or
* the tenant has “abandoned” the rental property, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#part5 Part 5] of the ''Residential Tenancy Regulation''.

See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section29 section 29] of the ''Residential Tenancy Act'' for more information.

===''Illegal'' landlord entry===

If your landlord enters your rental unit illegally, write them a letter explaining that they must provide you with proper written notice in the future. If your landlord continues to break the law, an arbitrator can:
* order your landlord to obey the law in the future;
* give you permission to change the locks and keep the only key;
* allow your landlord to enter only under certain conditions; and
* if your landlord’s behaviour is serious enough, order them to pay you money.

It can be difficult to prove to an arbitrator that your landlord entered your home illegally. Evidence such as photos, videos, complaint letters, witness statements, and affidavits can significantly improve your chances of winning a dispute resolution hearing.

==Noise==

Quiet enjoyment gives you the right to be free from unreasonable disturbances; it does not give you the right to complete silence at all times. If you live with neighbouring tenants, you should expect a reasonable amount of noise – especially during the day. In addition, if you live in an older building, you should expect inferior soundproofing compared to more modern buildings. To help you determine what is considered reasonable noise in your neighbourhood, check to see if your municipality has a noise bylaw.

If noise issues become unreasonable, inform your landlord in writing that your right to quiet enjoyment has been breached, or violated. Once notified, your landlord has a responsibility to investigate the problem and, if necessary, correct the situation. Although the police do not normally get involved in residential tenancy disputes, you can consider contacting them in extreme situations, such as an excessively loud party late at night.

==Smoking==

If you are searching for housing as a non-smoker, ask about the smoking rules for the entire building – not only the rental unit you are viewing. Some buildings with “no-smoking” policies may still have tenants who smoke because they have lived in the building since before the policy was introduced. Even though these tenants may legally be allowed to smoke, your landlord must still ensure that their smoking does not unreasonably disturb you.

'''Marijuana:''' Landlords in BC are allowed to restrict tenants from growing and smoking recreational marijuana in rental properties. Tenants who have been prescribed medical marijuana may have the right to consume it in their rental unit under the [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01 BC Human Rights Code], but they must also ensure that they are not violating another tenant’s right to quiet enjoyment under the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

==Intimidation, harassment, and physical harm==

Your landlord is never allowed to intimidate, threaten, or harass you. In the same way that a doctor must act professionally about matters related to your health, your landlord should treat you professionally when dealing with your tenancy. They are running a business and you are their customer.

If your landlord’s behaviour endangers your personal safety, you can apply to the Residential Tenancy Branch (RTB) for the right to change your locks and an order instructing your landlord to follow the law. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section45 section 45(3)] of the RTA, you can also consider ending your tenancy early if your landlord has breached a “material term” and failed to correct the situation within a reasonable period after receiving your written warning. According to RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl08.pdf Policy Guideline 8], a material term is a term that is so important that even the simplest breach or violation may give you the right to end your tenancy. Although this may seem straightforward, material terms can actually be quite complicated and case-by-case; it is possible for the same term to be considered material in one tenancy but not another.

If you end your tenancy due to breach of a material term, your landlord may apply for a monetary order against you, so be prepared to convince an arbitrator that there was no way your tenancy could have continued. Alternatively, you can always apply for dispute resolution to request permission to end your tenancy early.

'''Calling the police:''' The police do not generally get involved in residential tenancy disputes. However, if your landlord or another tenant ever physically hurts you, threatens to hurt you, forcibly enters your home, or puts you in danger, contact the police immediately.

==Guests==

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#Schedule section 9 of the Schedule] in the ''Residential Tenancy Regulation'', your landlord cannot unreasonably restrict guests from entering your rental property or charge you a fee for having guests visit – even if they stay overnight. However, at some point a “guest” becomes an “occupant”, so be reasonable when it comes to overnight visitors. The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' does not provide any details on the maximum number of days a guest can visit, so use your best judgement.

Your tenancy agreement might try to limit the number of times guests can stay overnight throughout the year. If that is the case, remember that no tenancy agreement in BC can avoid the law, or contain unconscionable terms – even if it has been signed by the tenant. The ''RTA'' says that you can have guests visit and stay overnight under reasonable circumstances, and your landlord cannot take that right away. For example, if your tenancy agreement says that you can have overnight visitors for only 14 days per year, there is a reasonable argument to be made at dispute resolution that an arbitrator should find that term to be unconscionable and unenforceable.

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}

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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Rent

2018-12-20T18:36:49Z

Andrew Sakamoto:

{{Tenant Survival Guide TOC}}

'''DO:''' pay your full rent on time. Failing to do so could result in a 10 Day Eviction Notice for Non-Payment of Rent.

'''DO NOT:''' stop paying rent unless the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'' allows you to do so. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch.

==Paying rent==

===When rent is due===

[[File:Rent increase notice.png | right | frame | link= ]]

Your full rent must be paid on or before the date it is due – usually the 1st of the month. If you are late by one day, or short by a few dollars, your landlord can give you a 10 Day Eviction Notice for Non-Payment of Rent in accordance with [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)''. Once you have received this type of notice, you only have five days to pay the missing rent in order to cancel the eviction.

Paying rent on time is one of your most important legal responsibilities, and you cannot rely on the five-day grace period for late rent each month. If you repeatedly pay your rent late – at least three times within an unreasonably short period – your landlord can give you a One Month Eviction Notice for Cause. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''RTA'' and [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.

===How rent is paid===

Tenants and landlords usually arrange for rent to be paid by cash, cheque, e-transfer, or direct deposit. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section26 section 26(2)] of the ''RTA'', landlords are legally required to provide receipts for rent paid in cash. If you suspect that your landlord will not provide you with a receipt, consider bringing a witness and your own rent receipt for them to sign.

===Legally withholding rent===

When disputes arise with your landlord, it may be tempting to retaliate by withholding rent. Unfortunately, this is illegal in most cases. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch (RTB).

There are only five sections in the ''Residential Tenancy Act (RTA)'' that allow you to legally withhold rent without your landlord’s consent:
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section19 section 19] of the ''RTA'' – you overpaid your security deposit or pet damage deposit;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''RTA'' – you paid for emergency repairs after carefully following the proper steps;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section43 section 43] of the ''RTA'' – you overpaid rent because of an illegal rent increase;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51 section 51] of the ''RTA'' – you received a Two Month or Four Month Eviction Notice for Landlord’s Use of Property, which entitles you to one month rent as compensation, and you are applying that compensation towards the last month of your tenancy; and
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section65 section 65] of the ''RTA'' – you have an order from the RTB.

===Problems paying rent===

If you know that you will be unable to pay your full rent on time, communicate with your landlord as soon as possible. Your landlord may allow you to pay your rent late – especially if you have always paid rent on time in the past. Make sure to get your landlord’s permission in writing if they do agree to give you an extension. You can also try requesting a short-term loan from a friend, family member, or one of BC’s Rent Banks. If that is not possible, you may have to prioritize your rent over other expenses.

'''Crisis supplement:''' If you receive income assistance and face an unexpected emergency, you might qualify for a crisis supplement through the provincial government.

==Rent increases==

===Notice of rent increase===

At the start of your tenancy, rent is set at whatever amount you and your landlord agree to as part of your agreement. From that point on, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section22 section 22] of the ''Residential Tenancy Regulation (RTR)'', your landlord can only raise your rent once every 12 months by a percentage equal to inflation. The allowable rent increase percentage changes each year, so check the Residential Tenancy Branch [https://gov.bc.ca/landlordtenant website] or TRAC [http://tenants.bc.ca/ website] to find out how much landlords can raise rent this year.

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section42 Section 42] of the ''Residential Tenancy Act (RTA)'' says that landlords must provide an approved [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb7.pdf “Notice of Rent Increase” form] three full months before a rent increase takes effect. For example, if you receive proper notice on April 5th, the three full months that count towards the notice period are May, June, and July, which means the rent increase would take effect on August 1st (assuming you pay rent on the first of the month). If your landlord does not raise your rent during a 12-month period, or raises it by less than the allowable percentage, they are not allowed to top-up a future rent increase to make up the difference.

===Wrong notice period===

If your landlord uses the proper [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb7.pdf “Notice of Rent Increase” form] but gives you less than three full months’ notice, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section42 section 42(4)] of the ''RTA'' says that you can continue to pay your current rent until the correct amount of time has passed. For example, if you normally pay rent on the first of the month and your landlord gives you a Notice of Rent Increase on March 1st (or anytime later that month), you will not have to start paying the increase until July 1st. Although this may seem like four months, the ''RTA'' counts it as three. By serving the notice on March 1st, your landlord has excluded March from the three-month notice period. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not try to end your tenancy for unpaid rent.

===Overpaying a rent increase===

If you have overpaid on rent because your landlord gave you an illegal rent increase, you have two options:
# deduct the overpayment from your next month’s rent; or
# apply for a monetary order through dispute resolution.

If you choose the first option, make sure to clearly explain to your landlord that you have the right to withhold rent according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section43 section 43] of the ''RTA''.

==Exceptions to rent increase rules==

===Additional occupants added===

If you wish to move someone in to your rental unit, you should first check your tenancy agreement. Your landlord may be allowed to raise your rent for additional occupants, but only if your agreement specifies by how much. If your tenancy agreement does not include such a term, your landlord cannot legally raise your rent when an additional occupant moves in. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section13 section 13] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section40 section 40] of the ''Residential Tenancy Act (RTA)'' for more information.

===Residential Tenancy Branch permission===

Your landlord can apply to the Residential Tenancy Branch (RTB) for an additional rent increase above the allowable annual percentage. Arbitrators will only allow these additional rent increases in exceptional circumstances, listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section23 section 23] of the ''Residential Tenancy Regulation (RTR)''.

The application fee for landlords is $300, plus $10 for each rental unit, to a maximum of $600. If your landlord applies for an additional rent increase, you will be served with a package of hearing documents, including the evidence they have submitted. As the respondent, you will have a chance to speak during the hearing and submit evidence that challenges your landlord’s application. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl37.pdf Policy Guideline 37] for more information.

'''Geographic rent increases:''' For years, landlords had the right to apply for an additional rent increase when a rental unit’s rent was significantly lower than other similar units in the same geographic area. Fortunately, the RTR has now been amended to eliminate geographic rent increases.

===Non-profit housing===

Some subsidized rental units where rent is related to income may be exempt from the rent increase rules in the ''RTA''. If you live in a subsidized rental unit, ask your housing provider about the rent increase rules that apply to you. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section2 section 2] of the ''RTR'' for more information.

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Living in Peace When Renting

2018-12-20T18:36:28Z

Andrew Sakamoto:

{{Tenant Survival Guide TOC}}
'''DO:''' respect your neighbours’ right to quiet enjoyment. Treat them how you expect them to treat you.

'''DO NOT:''' think that quiet enjoyment gives you the right to complete silence. If you live with neighbouring tenants, you should expect some noise – especially during the day.

==The meaning of quiet enjoyment==

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section28 Section 28] of the ''Residential Tenancy Act (RTA)'' covers “quiet enjoyment” – an important legal principle that gives every tenant the right to:
* reasonable privacy;
* freedom from unreasonable disturbances;
* exclusive use of their rental unit (unless their landlord is allowed to enter by law); and
* use of common areas for reasonable purposes.

Here are some situations that may be considered breaches, or violations, of quiet enjoyment:
* unreasonable and ongoing noise;
* unreasonable and ongoing second-hand smoke;
* intimidation or harassment;
* landlord entering your rental unit too frequently;
* landlord entering your rental unit without permission or proper notice; and
* landlord unreasonably refusing you access to common areas of the residential property.

The ''RTA'' deals with tenant-landlord relationships – not tenant-tenant relationships. This means that if another tenant has breached your right to quiet enjoyment, and you do not feel comfortable approaching them about the matter, you can ask your landlord to step in and correct the situation. If your landlord fails to ensure that your right to quiet enjoyment is protected, you can take your landlord – not the tenant – to dispute resolution.

==Landlord entry==

===''Legal'' landlord entry===

To legally enter a rental unit, landlords must provide tenants with written notice at least 24 hours – but not more than 30 days – before entering. The notice must state:
* the date;
* the time (between 8am and 9pm); and
* a reasonable reason for entry, such as making repairs or completing a monthly inspection.

If your landlord has given proper notice, they can enter your rental unit even if you are not home at that time.

'''Exceptions:''' A landlord can enter a rental unit without proper notice or permission if:
* there is an emergency and the landlord’s entry is necessary to protect life or property;
* the landlord has obtained a Residential Tenancy Branch order that gives them permission to enter;
* the landlord or an agent of the landlord needs to provide housekeeping services in accordance with the tenancy agreement; or
* the tenant has “abandoned” the rental property, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#part5 Part 5] of the ''Residential Tenancy Regulation''.

See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section29 section 29] of the ''Residential Tenancy Act'' for more information.

===''Illegal'' landlord entry===

If your landlord enters your rental unit illegally, write them a letter explaining that they must provide you with proper written notice in the future. If your landlord continues to break the law, an arbitrator can:
* order your landlord to obey the law in the future;
* give you permission to change the locks and keep the only key;
* allow your landlord to enter only under certain conditions; and
* if your landlord’s behaviour is serious enough, order them to pay you money.

It can be difficult to prove to an arbitrator that your landlord entered your home illegally. Evidence such as photos, videos, complaint letters, witness statements, and affidavits can significantly improve your chances of winning a dispute resolution hearing.

==Noise==

Quiet enjoyment gives you the right to be free from unreasonable disturbances; it does not give you the right to complete silence at all times. If you live with neighbouring tenants, you should expect a reasonable amount of noise – especially during the day. In addition, if you live in an older building, you should expect inferior soundproofing compared to more modern buildings. To help you determine what is considered reasonable noise in your neighbourhood, check to see if your municipality has a noise bylaw.

If noise issues become unreasonable, inform your landlord in writing that your right to quiet enjoyment has been breached, or violated. Once notified, your landlord has a responsibility to investigate the problem and, if necessary, correct the situation. Although the police do not normally get involved in residential tenancy disputes, you can consider contacting them in extreme situations, such as an excessively loud party late at night.

==Smoking==

If you are searching for housing as a non-smoker, ask about the smoking rules for the entire building – not only the rental unit you are viewing. Some buildings with “no-smoking” policies may still have tenants who smoke because they have lived in the building since before the policy was introduced. Even though these tenants may legally be allowed to smoke, your landlord must still ensure that their smoking does not unreasonably disturb you.

'''Marijuana:''' Landlords in BC are allowed to restrict tenants from growing and smoking recreational marijuana in rental properties. Tenants who have been prescribed medical marijuana may have the right to consume it in their rental unit under the [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01 BC Human Rights Code], but they must also ensure that they are not violating another tenant’s right to quiet enjoyment under the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

==Intimidation, harassment, and physical harm==

Your landlord is never allowed to intimidate, threaten, or harass you. In the same way that a doctor must act professionally about matters related to your health, your landlord should treat you professionally when dealing with your tenancy. They are running a business and you are their customer.

If your landlord’s behaviour endangers your personal safety, you can apply to the Residential Tenancy Branch (RTB) for the right to change your locks and an order instructing your landlord to follow the law. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section45 section 45(3)] of the RTA, you can also consider ending your tenancy early if your landlord has breached a “material term” and failed to correct the situation within a reasonable period after receiving your written warning. According to RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl08.pdf Policy Guideline 8], a material term is a term that is so important that even the simplest breach or violation may give you the right to end your tenancy. Although this may seem straightforward, material terms can actually be quite complicated and case-by-case; it is possible for the same term to be considered material in one tenancy but not another.

If you end your tenancy due to breach of a material term, your landlord may apply for a monetary order against you, so be prepared to convince an arbitrator that there was no way your tenancy could have continued. Alternatively, you can always apply for dispute resolution to request permission to end your tenancy early.

'''Calling the police:''' The police do not generally get involved in residential tenancy disputes. However, if your landlord or another tenant ever physically hurts you, threatens to hurt you, forcibly enters your home, or puts you in danger, contact the police immediately.

==Guests==

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#Schedule section 9 of the Schedule] in the ''Residential Tenancy Regulation'', your landlord cannot unreasonably restrict guests from entering your rental property or charge you a fee for having guests visit – even if they stay overnight. However, at some point a “guest” becomes an “occupant”, so be reasonable when it comes to overnight visitors. The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' does not provide any details on the maximum number of days a guest can visit, so use your best judgement.

Your tenancy agreement might try to limit the number of times guests can stay overnight throughout the year. If that is the case, remember that no tenancy agreement in BC can avoid the law, or contain unconscionable terms – even if it has been signed by the tenant. The ''RTA'' says that you can have guests visit and stay overnight under reasonable circumstances, and your landlord cannot take that right away. For example, if your tenancy agreement says that you can have overnight visitors for only 14 days per year, there is a reasonable argument to be made at dispute resolution that an arbitrator should find that term to be unconscionable and unenforceable.

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}

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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Finding Rental Housing

2018-12-20T18:35:37Z

Andrew Sakamoto:

{{Tenant Survival Guide TOC}}
'''DO:''' trust your instincts. If a potential landlord asks for illegal personal information, think twice about filling out an application.

'''DO NOT:''' sign a tenancy agreement that you do not understand or have not fully read.

==Budgeting for rental housing==
When searching for rental housing, it is important to calculate how much money you can afford to pay each month. Your basic rent is an obvious expense, but there are still other monthly and one-time expenses to consider.

[[File:tenant laundry.png | left | frame | link= ]]

===Monthly expenses===

Here are some examples of monthly expenses that may or may not be included as part of your rent:
* utilities, such as electricity, heating, and hot water;
* TV, internet, and phone services;
* coin-operated laundry;
* transit pass;
* parking fee or permit; and
* tenant insurance.

===One-time expenses===

Here are some examples of one-time expenses that you may need to pay at the start of your tenancy:
* security deposit;
* pet damage deposit;
* deposits to utility companies;
* installation / activation fees to utility companies;
* deposits to telecommunication companies;
* installation / activation fees to telecommunication companies;
* moving truck;
* boxes and supplies to pack your belongings;
* new appliances, such as a microwave, barbeque, and TV; and
* new furniture, such as a bed, couch, and dresser.

==Identifying rental needs and preferences==

Deciding where to apply for rental housing can be overwhelming. To help focus your search, think about your rental needs and preferences. Consider ranking the following factors:
* distance to work, school, shopping, and friends;
* access to public transit;
* size of the unit;
* type of property;
* type of neighbourhood;
* nearby amenities;
* smoking / non-smoking rules;
* pet policies;
* roommate restrictions;
* accessibility requirements; and
* safety concerns.

==Searching for rental housing==

Search popular rental websites such as [https://vancouver.craigslist.ca/ Craigslist], [https://www.kijiji.ca/ Kijiji], and [https://www.padmapper.com/ Padmapper], but also expand your search beyond the internet. Not all landlords know how to advertise their rental units online, so look out for bulletin board postings at coffee shops, “vacancy” signs outside buildings, and listings in your local newspaper. It can also be wise to get the word out within your network of family, friends, coworkers, teams, and clubs. Even strangers or acquaintances may have a lead on your future home, so consider mentioning your housing search when buying groceries, getting a haircut, or settling your bill at a restaurant.

===Application fees===

In BC’s competitive rental housing market, some landlords try asking for illegal application fees. According to section 15 of the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'', landlords cannot charge a fee for:
* accepting an application;
* processing an application;
* investigating an applicant’s suitability as a tenant; or
* accepting a person as a tenant.

This practice is illegal even if a landlord ends up returning the fee to rejected applicants, or applying the fee to the security deposit of successful applicants.

===Rental scams===

Craigslist, Kijiji, and PadMapper have a lot of legitimate rental listings, but you need to be careful of scams. Never send money to someone you have yet to meet, and never pay a deposit before you have viewed the rental unit. If you are suspicious of a potential landlord, trust your instincts.

To avoid rental scams, ask yourself the following questions:
* Is the rent suspiciously low? How much do similar rental units in the neighbourhood cost?
* Are you being asked to mail your deposit in cash, or send it electronically?
* Is the person you are contacting not willing to arrange an in-person viewing?
* Does the person you are contacting seem too eager? Most landlords will ask for references and/or a credit check before committing to a tenant.
* What do the neighbours say? Depending on the type of housing, you may be able to ask people living nearby about the owner and property.

'''Newcomers to BC:''' If you are moving to BC and want to have a home lined up for when you arrive, ask someone you trust to view rental units and meet with potential landlords before accepting any offers. Alternatively, consider staying in a hotel or hostel until you have personally taken the time to find a new home.

==Viewing a rental unit==

Finding a rental unit in BC can be challenging, as you will most likely be competing against several other applicants for the same housing. When attending a viewing, do your best to stand out from the crowd by making a good first impression, coming prepared with relevant documents, and asking the right questions.

===How to make a good first impression===

Here are a few tips to consider when viewing a rental unit:
* arrive on time;
* dress business-casual;
* avoid clothing with tears and controversial slogans or logos;
* minimize strong smells of perfume or cologne;
* do not smoke or drink alcohol before the viewing;
* introduce yourself and shake the landlord’s hand;
* take your shoes off when touring the property (and remember to wear socks);
* strike up a conversation and try to find some common interests; and
* thank the landlord for showing you their rental unit and answering your questions.

===What to bring===

Consider bringing the following to a viewing:
* cover letter;
* references;
* credit check;
* pet resume;
* ''[https://www.rentingitright.ca/ Renting It Right]'' certificate;
* tape measure and furniture dimensions; and
* friend or family member.

===What to ask===

Consider asking the following questions during a viewing:
* Does the rental unit follow local bylaws? For example, is the rental unit an illegal suite?
* Does the place include appliances and amenities, or has it been “staged” for the viewing?
* Are the neighbours generally quiet and respectful?
* Is the building soundproofed, or is it common to hear noise from other units?
* Has there been a history of bed bugs, other infestations, or illegal activity?
* Is there public transit nearby?
* What are the rules about smoking, pets, roommates, and accessibility?
* Is there laundry available in-suite, or at least somewhere on the property?
* Are there designated parking spots for tenants, or is there only street parking?
* Is storage room available on the property?
* Are there any fees for parking, storage, or laundry?
* Is the heat for the unit controlled from within the unit or from within a different unit?

==Personal information==

Landlords in BC must follow the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/03063_01 Personal Information and Protection Act]'', which outlines the rules for collecting, using, storing, disclosing, and protecting a tenant’s personal information. The [https://oipc.bc.ca Office of the Information and Privacy Commissioner for BC] (OIPC) has developed a helpful [https://www.oipc.bc.ca/guidance-documents/1456 guidance document] that explains these rules in plain language. This ''Tenant Survival Guide'' covers only the basics of personal information, so contact the OIPC or view their guidance document at for more information.

===Information landlords can ''always'' ask===

According to the OIPC, landlords can '''always''' ask for the following information:
* name and proof of identity;
* contact information;
* name of current and previous landlords;
* eviction history;
* addresses of previous residences and how long you lived there;
* reason(s) for leaving previous residences;
* pet information;
* expected length of tenancy;
* consent for a criminal record check; and
* number of occupants.

===Information landlords can ''sometimes'' ask===

According to the OIPC, landlords can '''sometimes''' ask for the following information:
* birth date;
* age of unit occupants;
* social insurance number (SIN);
* non-landlord (personal) references;
* amount of current or previous rent;
* current employment and salary information;
* consent for a credit check;
* bank statements; and
* federal tax assessments.

Whether or not a landlord can ask for this information will depend on the situation. For example, a landlord may be allowed to ask you for pay stubs, bank statements, income tax assessments or consent for a credit check, but only if you are unable to provide satisfactory references or employment and income verification.

'''Social Insurance Number (SIN):''' If a landlord has grounds to ask for a credit check, they will probably ask for your birth date and SIN. To avoid having to provide your SIN, consider obtaining a free credit check on yourself and distributing copies to potential landlords. Contact [https://consumer.equifax.ca Equifax] or [https://transunion.ca TransUnion] for more information.

===Information landlords can (almost) ''never'' ask===

According to the OIPC, landlords can almost '''never''' ask for the following information:
* consent to collect personal information “from other sources”;
* proof of insurance;
* driver’s licence number;
* whether any intended occupants smoke;
* vehicle information;
* banking history;
* marital status;
* credit card number; and
* emergency contact info.

==Discrimination==

According to [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01#section10 section 10] of the ''BC Human Rights Code'', a landlord may not refuse to rent to you because of your:
* race;
* colour;
* ancestry;
* place of origin;
* religion;
* marital status;
* family status;
* physical or mental disability;
* sex;
* sexual orientation;
* age (if 19 or older); or
* lawful source of income.

If you think you may have been discriminated against, contact the [https://bchrc.netBC Human Rights Clinic] at 1-855-685-6222.

===A closer look===

'''Family status:''' Landlords can restrict the number of occupants in your rental unit, but they are not allowed to refuse to rent to you because you have children. If you are searching for housing with a boyfriend or girlfriend, a landlord cannot refuse to rent to you because you are unmarried.

'''Lawful source of income:''' Landlords are not allowed to discriminate based on your source of income, as long as it is legal. For example, you cannot be refused a tenancy because you receive income from welfare, disability benefits, or student loans.

'''Age:''' [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section3 Section 3] of the ''Residential Tenancy Act (RTA)'' allows landlords to rent to minors (under age 19). If you are a minor who has entered into a tenancy agreement with a landlord, you have all the same rights and responsibilities as any other tenant protected by the ''RTA''. However, if you are under age 19, landlords are allowed to lawfully discriminate and not rent to you because of your age.

===Exceptions===

There are a few exceptions to the protected grounds listed in [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01#section10 section 10] of the ''BC Human Rights Code''. The laws about discrimination may not apply if:
* the applicant will be sharing sleeping, bathroom, or cooking facilities with another person;
* the building is designated for adults age 55 and older; or
* the unit has the required permits to be designated for people with disabilities.

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}

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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Preparing to Rent

2018-12-20T18:34:36Z

Andrew Sakamoto:

{{Tenant Survival Guide TOC}}
'''DO:''' educate yourself about renting in BC. Read this ''Tenant Survival Guide'' and complete TRAC’s online course, ''[https://rentingitright.ca Renting It Right]''.

'''DO NOT:''' forget that by signing a tenancy agreement you are entering into a legal contract. Protect yourself by learning about your rights and responsibilities under the ''Residential Tenancy Act''.

[[File:Tenant looking for rental.jpg | right | frame | link= ]]

==The law in BC==

If you pay rent for your home, you are most likely protected by the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' – the law that outlines tenants’ and landlords’ rights and responsibilities. The ''RTA'' is a provincial law that applies only to British Columbia (BC). If you have rented in other provinces or countries, do not assume that the same rules apply. After reading this ''Tenant Survival Guide'', you may be surprised at how BC’s tenancy laws differ from tenancy laws around the world.

One of the most important things to understand about the ''RTA'' is that it cannot be avoided. All tenants are guaranteed certain legal rights by law, regardless of what their tenancy
agreement says. According to section 5 of the ''RTA'', any term of an agreement that “contracts out” of the ''RTA'' is considered unenforceable. If your landlord tries to unfairly reduce your
rights in this way, contact the Tenant Resource & Advisory Centre (TRAC) or the Residential Tenancy Branch (RTB) for more information.

The RTB is the department of the provincial government in charge of residential tenancy law. The most important service they provide is dispute resolution, which is essentially BC’s
tenant-landlord “court”. With over 1.5 million tenants living in BC, there is never a shortage of residential tenancy law disputes. When tenants and landlords cannot resolve disputes
on their own, they can apply for dispute resolution to have an “arbitrator” make a legally-binding decision on their behalf. The RTB also offers tenants and landlords the following services and resources:

* legal information in person, over the phone, and by email;
* [http://www.gov.bc.ca/landlordtenant website] and social media;
* online tools, such as a [https://www2.gov.bc.ca/gov/content?id=5D260CCC9DE04EEB8034BA387F149B74 Solution Explorer] and [https://www2.gov.bc.ca/gov/content?id=F49014A2C3B14F0391D3BE209E32B427 Calculators];
* [https://www2.gov.bc.ca/gov/content?id=49B9F45B33D040A3BCD1498D604B48AB online application] process for dispute resolution;
* approved residential tenancy [https://www2.gov.bc.ca/gov/content?id=8CF94F8057DF4E379952D016750480CA forms];
* [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] for Dispute Resolution; and
* [https://www2.gov.bc.ca/gov/content?id=C9E865601539459690DEF276FFEF09CA Policy Guidelines] on key topics.

==Are you covered by the law?==

When renting a home in BC, you want to be covered by the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]''. If the ''RTA'' does not apply to your living situation, you will still have certain rights under common law, but they will be less clear and harder to enforce. The Tenant Resource & Advisory Centre (TRAC) and Residential Tenancy Branch (RTB) can only provide legal
assistance to tenants and landlords protected by the ''RTA''.

===Housing ''not'' covered by the ''RTA''===

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section4 Section 4] of the ''RTA'' lists the types of living situations not covered by the ''RTA'':

* accommodation where the tenant shares a bathroom or kitchen with the owner of the property;
* accommodation provided to a student or employee by their school;
* accommodation included with property occupied primarily for business purposes and rented under a single agreement;
* vacation or travel accommodation;
* emergency shelters and transitional housing;
* correctional institutions;
* rental agreements with terms of 20 years or longer;
* accommodation rented by a housing cooperative, or “co-op”, to a member of the cooperative;
* accommodation in a housing-based health facility that provides hospitality support services and personal health care;
* accommodation made available in the course of providing rehabilitative or therapeutic treatment or services;
* housing that falls under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/02075_01 Community Care and Assisted Living Act]'', ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96070_01 Continuing Care Act]'', or ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96200_01 Hospital Act]''; and
* accommodation, if designated under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96288_01 Mental Health Act]'', in a Provincial mental health facility, an observation unit, or a psychiatric unit.

If the ''RTA'' does not cover your living situation, you will not be able to apply for dispute resolution through the RTB. Instead, you may need to use [http://www.smallclaimsbc.ca/ Small Claims Court], the [https://civilresolutionbc.ca/ Civil Resolution Tribunal], or [https://www.courts.gov.bc.ca/supreme_court/ BC Supreme Court].

'''Occupants / Roommates:''' There is another living situation that may not be covered by the ''RTA'', but is also not mentioned in section 4. If you rent from a tenant with whom you live, you may not be protected. This type of setup is common in shared houses where a “head-tenant” rents out a room to a roommate. Unless the landlord agrees to add the new roommate as a “tenant”, that person will most likely be considered an “occupant/roommate” and not be covered under the ''RTA''. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl19.pdf Policy Guideline 19] for more information.

If you currently rent a room from a tenant with whom you live, consider speaking to their landlord about being added to your roommate’s tenancy as a “co-tenant”, or signing a separate agreement. If that is not possible, you and the tenant to whom you pay rent can consider signing a contract that outlines the rules you both agree to follow. This will offer some legal protection, even though your situation is not covered by the ''RTA''.

'''Manufactured (Mobile) Homes:''' Manufactured Home Park Tenancies, also known as mobile home tenancies, ''may or may not be covered by the RTA''. If you own a mobile home and rent the land it sits on, your tenancy falls under the ''[http://www.bclaws.ca/Recon/document/ID/freeside/00_02077_01 Manufactured Home Park Tenancy Act] (MHPTA)''. However, if you rent a mobile home within a manufactured home park, your tenancy falls under the ''RTA''. As long as you are covered by either the ''RTA'' or ''MHPTA'', you can access the RTB’s resources, including dispute resolution.

===Housing covered by the ''RTA''===

The good news is that most rental housing in BC is protected by the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]". Tenants most commonly live in apartment buildings or rented houses, including secondary suites, but the ''RTA'' can apply to other types of housing too. Rented co-op units, hotel tenancies, illegal secondary suites, rental units on “lands reserved for Indians”, strata buildings (condos or townhomes), subsidized housing, and verbal tenancies can all be covered by the ''RTA'', to varying degrees. These types of tenancies may involve additional laws and governing bodies and can present complex scenarios for tenants and landlords.

'''Cooperative Housing:''' The ''RTA'' does not apply to accommodation rented by a housing cooperative, or “co-op”, to a member of the cooperative. However, if you rent from a member of a co-op, and are not a member yourself, you will most likely be protected by the ''RTA''.

'''Hotels and Single Room Occupancies (SROs):''' Hotels are covered by the ''RTA'', if a tenancy has been established and the property is the tenant’s primary and permanent home. You have probably heard of a specific type of hotel known as a Single Room Occupancy Hotel, or “SRO”. These are commonly found in Vancouver’s Downtown Eastside and provide short-term or long-term housing to low income tenants. Like standard hotels, SROs are covered under the ''RTA'', if there is a tenancy agreement in place and the property is the tenant’s primary and permanent home. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl27.pdf Policy Guideline 27] for more information.

'''Illegal Secondary Suites:''' A secondary suite could be a basement suite, laneway house, or other unit that is on the same property as a residential house. If a secondary suite does not comply with zoning and bylaw requirements, or has not been registered with the City, it may be considered an “illegal suite”.

The most important thing to remember about illegal suites is that they are covered by the ''RTA''. That being said, it is not ideal to be living in one, as your housing could be at risk if your City finds out about the suite. This can sometimes happen if a dispute with a neighbour turns into a complaint to the City, or if you go to the City seeking help with repair or maintenance concerns.

When a City discovers an illegal suite, they may decide to shut it down. If this is the case, you will be given 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'' and your landlord will most likely not be responsible for paying any of your moving expenses.

'''Rentals on “Lands Reserved for Indians”:''' If you are renting a home on “lands reserved for Indians” (Reserve Lands) as defined by section 91(24) of the ''Constitution Act'', the ''RTA'' may partially apply. Any disputes over use and possession of Reserve Lands, such as eviction, fall under the authority of the Federal Government – not the provincial RTB. However, the ''RTA'' may apply to a situation involving a monetary claim, such as the return of a security deposit, but only if the landlord is not an Indian or Indian Band, as defined by the ''Indian Act''. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl27.pdf Policy Guideline 27] for more information.

'''Strata Buildings (Condos or Townhomes):''' In strata buildings, owners own individual units but share ownership of the common space. When you rent a strata property from an owner, you are covered by both the ''RTA'' and ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act] (SPA)''. All strata buildings have a set of bylaws and rules that owners and tenants must follow. When entering into a tenancy, your landlord should have you sign a [http://www.bclaws.ca/Recon/document/ID/freeside/12_43_2000#FormKNoticeofTenant'sResponsibilities "Form K"], which indicates that you have been notified of the current bylaws and rules. Even though you are not an owner, you may still be subject to fines or fees. For example, you might have to pay fees when moving in and moving out according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section7 section 7(f)] of the ''Residential Tenancy Regulation'', or you may have to pay fines levied by the strata corporation if you disturb neighbours or damage property according to [http://www.bclaws.ca/civix/document/id/complete/statreg/98043_07#section131 section 131] of the ''SPA''.

A strata corporation can also try to evict a tenant under [http://www.bclaws.ca/civix/document/id/complete/statreg/98043_07#section138 section 138] of the SPA by serving a One Month Notice for Cause under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''RTA''. However, even though this section exists in the ''SPA'', the RTB has been known to deny jurisdiction in such cases at dispute resolution, claiming that a strata corporation does not fit the definition of “landlord” in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section1 section 1] of the ''RTA''. This is a grey area of the law where the ''SPA'' and ''RTA'' somewhat contradict each other. If you receive an eviction notice from a strata corporation, the safest action is to not ignore it. Instead, apply for dispute resolution and allow an arbitrator to rule on the matter.

'''Subsidized Housing:''' The term “subsidized housing” generally applies to any housing where the government provides monetary assistance to lower the rent. Unless you are a member of a housing cooperative, or “co-op”, subsidized housing is covered by the ''RTA''. Here are the most common types of subsidized housing:
* Public housing: a government department, BC Housing, manages rental units for low-income families, seniors, and people with disabilities.
* Non-profit housing: non-profit organizations receive government money to manage subsidized rental units for tenants throughout the province.
* Rental supplements:
** [https://www.bchousing.org/housing-assistance/rental-assistance-financial-aid-for-home-modifications/shelter-aid-for-elderly-renters Shelter Aid for Elderly Renters] (SAFER) – cash assistance for eligible BC residents who are age 60 or over and pay rent for their homes.
** [https://www.bchousing.org/housing-assistance/rental-assistance-financial-aid-for-home-modifications/rental-assistance-program Rental Assistance Program] (RAP) – cash assistance for eligible low-income working families to help with monthly rent payments in the private market.

'''Verbal Tenancies:''' Although [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section13 section 13] of the ''RTA'' requires landlords to prepare tenancy agreements in writing, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section1 section 1] of the ''RTA'' also says that a tenancy agreement can be “oral, express or implied”. This means that you do not have to sign a written agreement to establish a tenancy. Despite the fact that verbal tenancies are covered by the ''RTA'', it is still always best to have a written agreement with your landlord.

==Landlords, owners, and agents==

It is important to understand the difference between the terms “owner”, “landlord”, and “agent”. All tenancies under the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act] (RTA)'' have an owner who is automatically considered a landlord. In addition, some tenancies will include agents acting as secondary landlords on behalf of the owner. For example, if you rent a unit in a large apartment building, there is a good chance the owner will hire a property management company to manage the building. In this situation, the owner and the property management company, acting as the owner’s agent, are considered your landlords. This means that if you have any problems during your tenancy, you can list both of them on an application for dispute resolution. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section1 section 1] of the ''RTA'' for more information.

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Dispute Resolution for Tenants

2018-12-20T18:32:24Z

Andrew Sakamoto: /* Digital Evidence */

{{Tenant Survival Guide TOC}}
'''DO:''' seek help when going through the dispute resolution process. Ask a friend, family member, or legal advocate for assistance with gathering evidence, submitting your application, serving documents, and participating in the hearing.

'''DO NOT:''' forget the timelines for disputing eviction notices: 5 days for a 10 Day Notice, 10 days for a One Month Notice, 15 days for a Two Month Notice, and 30 days for a Four Month Notice.

==The basics==

The Residential Tenancy Branch (RTB) offers a service called dispute resolution, which is essentially BC’s tenant-landlord “court”. When facing a legal problem with your landlord, you do not have to hire an expensive lawyer and go to Small Claims Court or BC Supreme Court. Instead, you can request that a RTB arbitrator look at your case and make a legally-binding decision. Almost all legal disputes between tenants and landlords must be resolved through the RTB dispute resolution system.

[[File:Dispute resolution for tenants.png | right | frame | link= ]]

===Types of orders===

Arbitrators have the power to settle legal disputes on a range of topics. An arbitrator can:
* order your landlord to follow the law;
* order your landlord to pay you money;
* order your landlord to repair your rental unit;
* prevent your landlord from entering your rental unit;
* give you permission to change your locks;
* give you permission to withhold money from future rent payments; and
* cancel an eviction notice that your landlord has given you.

===Rules of Procedure and Policy Guidelines===

For more detailed information on dispute resolution, you can review the RTB’s Dispute Resolution [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] – a comprehensive resource that covers topics such as filing an application, making a cross-application, exchanging evidence, amending an application, adjourning a hearing, etc.

When preparing for a dispute resolution hearing, you should also see if there are any RTB [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/policy-guidelines Policy Guidelines] related to your dispute. These resources go into greater detail on certain topics compared to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'', and are often referred to by arbitrators when making decisions.

==Resolving disputes without dispute resolution==

Dispute resolution should often be viewed as a last resort, as it can be time-consuming, costly, and unpredictable. When faced with less urgent issues such as minor repairs or noisy neighbours, first notify your landlord in writing and give them a reasonable chance to fix the problem before applying for dispute resolution. Of course, when dealing with more urgent issues, such as an eviction notice or emergency repair, consider applying for dispute resolution right away.

===Tips when talking to your landlord===

Talking to your landlord can be challenging, especially when you disagree on an issue. Here are a few tips to keep in mind:
* '''Prepare ahead of time:''' It can be helpful to summarize your main points in advance, or have a practice conversation with a friend or family member.
* '''Consider your timing:''' Try to have the conversation when you are calm and composed, rather than upset and emotional.
* '''Stay on topic:''' Raising irrelevant issues can derail the conversation and make it harder to address your main concerns. If your landlord is getting off topic, acknowledge that you have heard what they said, but then refocus them on the original conversation.
* '''Consider your landlord’s perspective:''' An effective communicator can be respectful of the other person’s perspective, while also clearly and calmly stating their own.
* '''Be professional:''' It is in your best interest to be professional when dealing with your landlord, regardless of how they have treated you in the past. Stay focused on getting the best possible outcome rather than engaging in personal attacks and aggressive comments.

===Tips when writing a letter to your landlord===

You may struggle to find the right words when writing your landlord. To help with this, TRAC has developed a series of [http://tenants.bc.ca/template-letters/ template letters] on topics such as bed bugs, deposits, illegal rent increases, etc. Download one of our letters as a starting point. From there, you can add your own details, the date, and your signature before sending the letter.

Here are some tips to consider when writing your letter:
* '''Keep it short and sweet:''' Stick to your main points and avoid overwhelming your landlord with irrelevant details.
* '''Organization is key:''' Structure your letter in a way that makes it easy to read. If you are dealing with multiple issues, you may want to number them and address them one by one.
* '''Think twice:''' Before sending your letter, review it, or have someone else review it. You may even want to wait a night to see if you would change anything the next day.
*''' Consider your tone:''' Do not simply send a letter to complain to your landlord. You want your letter to be professional so that it helps you achieve a successful outcome. For example, do not write in CAPITAL LETTERS, since that means that you are SHOUTING!
* '''Be respectful:''' Remember that your landlord may keep a copy of your written communication for their record. Avoid writing anything that an arbitrator would find disrespectful.

===Residential Tenancy Branch early intervention===

You can contact the Residential Tenancy Branch and request that an Information Officer call your landlord and explain the law. Some landlords will be more likely to behave once a government employee has outlined the potential consequences for their illegal behaviour.

==Applying for dispute resolution==

===How to apply===

You can submit hardcopy applications at any Residential Tenancy Branch (RTB) office or [http://servicebc.gov.bc.ca/locations Service BC Centre]. The RTB has also recently improved their [ http://gov.bc.ca/landlordtenant online application] process. Compared to the hardcopy application process, the online system offers several benefits, including:
* the ability to upload evidence online;
* the ability to apply for fee waiver applications online;
* helpful email reminders and notifications;
* an intuitive design with step-by-step instructions;
* the ability to resume incomplete applications; and
* mobile-friendly functionality.

===Fee===

It costs $100 to apply for dispute resolution. However, if you win your hearing, the arbitrator can order your landlord to repay you the fee – as long as you have made that request as part of your application. Alternatively, if you have a low income, you can apply for a [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online/fees-and-fee-waivers#Waiver fee waiver application] that cancels the fee entirely. To be successful, you may need to provide evidence of your income, such as an income assistance statement, employment insurance benefits statement, recent paystub from an employer, and/or recent bank statements.

===Time limits===

There are varying deadlines for dispute resolution applications, depending on the nature of the dispute. For example, here are the time limits to dispute eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

===Naming your landlord===

Name yourself as the “applicant” and your landlord(s) as the “respondent(s)”. Although tenants may sometimes only have one landlord – the owner of the rental unit – it is quite common for an owner to appoint an “agent”, such as a property management company, to act on their behalf as a secondary landlord. If this is the case, it can be wise to list both landlords on your application form.

If you are asking for money as part of your application, make sure to include the legal name and address of the owner. This will make it easier to enforce your monetary order through Small Claims Court if the owner refuses to pay. If you do not know who the owner of your rental unit is, you can complete a land title search through the Land Title Office. See TRAC’s webpage, [http://tenants.bc.ca/finding-out-who-my-landlord-is/ Finding Out Who My Landlord Is] for more information.

===Serving notice to your landlord===

Once your dispute resolution application has been accepted, the RTB will provide you with a package of hearing documents that lists the date and time of your hearing, instructions on how to prepare for your hearing, and copies of the application and submitted evidence. Hearing dates are set based on urgency, with the most serious applications receiving the highest priority, and monetary order applications receiving the lowest priority.

Once you have received your hearing documents, you have three days to serve them on the respondent(s) in one of the following ways:
# Delivering them in person to your landlord, and/or your landlord’s agent. If possible, bring a witness so you have proof that your documents were served properly.
# Sending them via registered mail. (Considering mailed documents are deemed received five days later, you are only required to mail your hearing documents within three days.) If you serve the documents via registered mail, make sure to keep the receipt and confirmation of delivery as evidence.

===Group applications===

A group of tenants facing related issues can ask the RTB to join their applications together and hold one dispute resolution hearing for everyone. If the RTB agrees to this, the lead tenant will be required to attend the hearing, while the other tenants will have the option to attend.

==Preparing for dispute resolution==

===Gathering and submitting evidence===

To be successful at dispute resolution, you will have to gather and submit enough quality evidence to convince an arbitrator to rule in your favour. Telling your side of the story is generally not enough; you should be prepared to present relevant evidence in a convincing manner.

Here are some examples of evidence that you should consider submitting:
* '''Tenancy agreement:''' Your landlord is legally required to give you a copy of your tenancy agreement within 21 days of entering into your tenancy.
* Written communication: Include written communication that strengthens your case, such as letters, forms, and notices. Relevant emails, texts, and social media messages may also be considered by arbitrators.
* '''Photos:''' Add descriptions of the photos and when they were taken. You should number and label them in a consistent fashion – for example, “Living Room Photo 1” and “Living Room Photo 2”.
* '''Audio and video recordings:''' Indicate which parts of the audio recordings and videos you would like the arbitrator to listen to and watch.
* '''Witnesses:''' Have witnesses speak at the hearing or submit signed witness statements.
* '''Affidavits:''' Submit affidavits (sworn statements) signed by you or your witnesses. A lawyer, Notary Public, or Commissioner of Oaths can assist you with this process. Affidavits may cost money but are generally considered stronger evidence than unsworn statements.
* '''Receipts:''' You will need proof of the expenses you paid when seeking a monetary order.
* '''Monetary Order Worksheet:''' If you are applying for a monetary order, you must submit the Residential Tenancy Branch form, “Monetary Order Worksheet”.

===Deadlines to submit evidence===

All evidence that you want to rely on at dispute resolution needs to be submitted to the Residential Tenancy Branch (RTB) and properly served on your landlord.

The person applying for dispute resolution – the “applicant” – should do their best to submit evidence with their application. If that is not possible, the RTB and the respondent must receive the evidence at least 14 days before the hearing. Evidence should always be submitted as soon as possible, as arbitrators have the right to refuse evidence that was intentionally submitted later than it could have been.

The person responding to the application – the “respondent” – must ensure that all their evidence is received by the RTB and the applicant at least 7 days before the hearing. Again, if evidence submission is intentionally delayed, the arbitrator may decide to not consider it.

'''Late evidence:''' If you miss the deadline for submitting evidence, you can still submit your evidence late. Be prepared to have an argument ready for why the arbitrator should consider the evidence at the hearing. For example, the evidence may have only become available after the evidence deadline. If your landlord brings up evidence during a hearing that you did not receive on time, you can ask the arbitrator to not consider it, or to adjourn (reschedule) the hearing to a later date. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf section 3.17] of the Rules of Procedure for more information.

'''Service rules:''' The way that evidence is served can affect when it is legally considered received. For example:
* evidence delivered in person is considered received that same day;
* evidence left in a mailbox or mail slot is considered received three days later; and
* evidence that is mailed is considered received five days later.

===Digital Evidence===

Tenants who have filed for dispute resolution must, where possible, digitally submit evidence to the RTB through their online system. If you are not able to upload evidence in this manner, you can still submit physical copies directly to the RTB, or to any Service BC Centre across the province. Digitally submitting evidence to the RTB will make it available to the arbitrator handling your case, but the RTB will not send copies to your landlord on your behalf. This means that, when you digitally submit evidence to the RTB, you must also serve copies of that evidence to your landlord using an accepted method of service according to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

When submitting digital evidence, you should ensure that your evidence is well organized. According to [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf section 3.10.1] of the Rules of Procedure, digital evidence should be accompanied by descriptions of the evidence, logical numbering systems for photographs, a time code for the key point in any audio or video recordings, etc. You must also submit RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb43.pdf “Digital Evidence Details”], available on the RTB website at gov.bc.ca/tenantlandlord. This form will help keep your evidence organized for the arbitrator, and ensure you follow the required steps for service.

When serving digital evidence on your landlord, you must ensure that they are able to access the evidence. For example, if you submit video evidence to the RTB online, and then make a DVD of that video to serve on your landlord, you must confirm with your landlord that they have playback equipment for the DVD, or can somehow access the information on the disc. When asked about whether they can access a particular format, your landlord must reply as soon as possible. If you choose to submit digital evidence, you must keep exact copies of that evidence for two years after the dispute resolution process has concluded. See sections 3.0 and 3.10 of the [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] and RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl42.pdf Policy Guideline 42] for more information.

===Bringing help===

The dispute resolution process has been designed for self-representation, which means that most tenants are able to participate in hearings on their own. That being said, if you feel that you need some assistance during your hearing, you have the right to bring a family member, friend, legal advocate, lawyer, translator, or interpreter.

==Participating in dispute resolution==

===Connecting to the conference call===

Dispute resolution hearings are almost always held over the phone. When you apply for dispute resolution, you will be given a hearing package with instructions on how to connect to the conference call. Make sure to keep these instructions in a safe place and have them ready for the start of your hearing. It is always a good idea to connect to the conference call early, so that you have time to address any potential technical issues before the hearing starts. If you are unable to connect to the conference call due to matters outside of your control, you may have to submit an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration].

===Start of the hearing===

The arbitrator will explain how the hearing will proceed and address any preliminary matters. This is the time to mention anything that needs to be dealt with before the hearing starts. For example, you may have to mention that an advocate will be representing you, a witness will be providing evidence, or that you need to amend your application.

'''Requesting an adjournment:''' You may need to request that your hearing be adjourned (rescheduled). For example, this could happen if you did not receive your landlord’s evidence in time to prepare a response. The decision to adjourn the hearing or proceed with the hearing will be up to the arbitrator handling your case.

===During the hearing===

You should be given a fair chance to argue your case, ask questions, and share evidence, including witness testimonies. Make sure to present your evidence clearly and concisely, and avoid raising issues that are irrelevant to your application. It is important to guide the arbitrator through your evidence; do not assume that they will understand everything on their own.

The applicant generally presents their evidence first, followed by the respondent. One exception to this rule is when a tenant is disputing an eviction notice. For those hearings, the respondent landlord must present their evidence first and explain why the eviction notice should be upheld. The tenant will then be given a chance to present their own evidence and defend their housing.

'''Negotiating a settlement:''' The arbitrator may suggest that you and your landlord negotiate a settlement during the hearing. Do not feel pressured to agree to a settlement unless you are completely satisfied with the terms.

'''Behaviour:''' Participating in a dispute resolution hearing can be an emotional experience, but it is important to always act in a professional manner and not interrupt anyone while they are speaking. Instead, write down your questions or concerns so that you can address them later. Speak clearly and respectfully to both the arbitrator and your landlord, and never raise your voice or use inappropriate language. Bad behaviour could hurt your credibility and, in turn, your chances of winning your hearing. If you believe it will be difficult to remain professional at your hearing, consider asking a friend, family member, or legal advocate to help you present your case.

===End of the hearing===

At the end of the hearing, the arbitrator may inform you of their decision or they may decide to take more time to review the evidence. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section77 section 77] of the ''Residential Tenancy Act'', arbitrators are required to reach a decision within 30 days. For hearings about eviction notices and other urgent matters, arbitrators will usually make their decision within a few days.

==Collecting money from your landlord==

Arbitrators have the power to issue orders that require one person to pay money to another person. A landlord could be issued a monetary order if their tenant has not paid the rent, while a tenant could be issued a monetary order if their landlord has broken the law.

Residential Tenancy Branch (RTB) monetary orders are legally-binding, which means the person who is required to pay must follow through with the payment. If you have obtained a monetary order that your landlord refuses to pay, you will have to enforce that order in Small Claims Court, since the RTB cannot enforce their own orders. A Small Claims Court judge could help you get paid by garnishing your landlord’s wages or placing a lien on their property. Visit TRAC’s webpage, [http://tenants.bc.ca/enforcing-a-monetary-order/ Enforcing a Monetary Order] for more information.

==Reviewing a dispute resolution hearing decision==

===Residential Tenancy Branch Correction and Clarification===

If a decision is unclear or contains a mistake, you can submit a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb6.pdf “Request for Correction”] or [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb38.pdf “Request for Clarification”] form to the Residential Tenancy Branch (RTB), free of charge. You will most likely not have to notify your landlord of this application, unless an arbitrator instructs you to do so.

For some types of issues, such as the following, there is a 15-day deadline to apply from the date you receive the decision:
* the decision is too complex or ambiguous and needs to be clarified;
* the decision contains an obvious error; or
* something was accidentally left out of the decision.

For other types of issues, such as the following, the 15-day deadline may not apply:
* the decision has a typo;
* order has grammatical errors; or
* the decision has a math error.

It can sometimes be challenging determining when the 15-day deadline applies. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl25.pdf Policy Guideline 25] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section78 section 78] of the ''Residential Tenancy Act (RTA)'' for more information.

===Residential Tenancy Branch Review Consideration===

You can ask the Residential Tenancy Branch (RTB) to review a decision that you have lost. This is not a chance to simply re-argue your case, as reviews are only granted in limited circumstances. [i Section 79(2)] of the ''RTA'' lists three situations where the RTB may accept an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration]:
# A person was unable to attend the hearing for reasons unanticipated and beyond their control.
# There is new evidence that was not available at the time of the hearing, and would have influenced the original decision.
# The other party intentionally used fraud to get the outcome they desired.

'''Fee:''' There is a $50 fee to apply for a Review Consideration, unless you had your application fee waived for the original hearing.

'''Deadlines:''' There are different application deadlines, depending on the nature of the dispute. For the following types of decisions, there is a two-day deadline from the time you receive the decision:
* unreasonable withholding of consent to assign or sublet;
* eviction for non-payment of rent;
* order of possession for the tenant or the landlord; and
* application to end a tenancy early.

For the following types of decisions, there is a five-day deadline from the time you receive the decision:
* repairs or maintenance;
* services or facilities; and
* any eviction notice other than one for non-payment of rent.

For all other types of decisions, there is a 15-day deadline from the time you receive the decision. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section80 section 80] of the ''RTA'' for more information.

===BC Supreme Court judicial review===

If your RTB hearing or decision was unfair, but your situation does not fit the eligibility criteria for a RTB Review Consideration, you can apply for a judicial review through BC Supreme Court.

The RTB is considered an expert tribunal on matters of residential tenancy law. This means that the standard of review for RTB decisions is quite high; a BC Supreme Court judge can only set aside a RTB decision if they find it to be procedurally unfair, patently unreasonable, or blatantly incorrect.

When you participate in a RTB dispute resolution hearing, you have the right to natural justice – also known as procedural fairness. This means that the arbitrator must allow you a fair opportunity to know the case against you, present evidence, and argue your side of the story. In addition, [http://www.bclaws.ca/civix/document/id/complete/statreg/04045_01#section58 section 58] of the ''Administrative Tribunals Act'' defines a decision as being “patently unreasonable” if it:
* is exercised arbitrarily or in bad faith;
* is exercised for an improper purpose;
* is based entirely or predominantly on irrelevant factors; or
* fails to take statutory requirements into account.

If a BC Supreme Court judge finds a decision to be procedurally unfair, patently unreasonable, or blatantly incorrect, they will usually order a new dispute resolution hearing at the RTB, rather than reach a new decision on their own. This means that even if you are successful in your judicial review application, there is no guarantee you will win your new hearing at the RTB.

'''Fee:''' $200

'''Deadline:''' 60 days from the date the RTB decision was made.

'''Key referral:''' The [http://www.clasbc.net/ Community Legal Assistance Society (CLAS)] is an expert organization on the topic of judicial review. If you are a tenant whose housing is at risk because you lost your dispute resolution hearing, CLAS may be able to provide free assistance with a judicial review application. They also offer an online [https://judicialreviewbc.ca/ Judicial Review Self-Help Guide].

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
|author =
}}
__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Dispute Resolution for Tenants

2018-12-20T18:31:50Z

Andrew Sakamoto: /* Rules of Procedure and Policy Guidelines */

{{Tenant Survival Guide TOC}}
'''DO:''' seek help when going through the dispute resolution process. Ask a friend, family member, or legal advocate for assistance with gathering evidence, submitting your application, serving documents, and participating in the hearing.

'''DO NOT:''' forget the timelines for disputing eviction notices: 5 days for a 10 Day Notice, 10 days for a One Month Notice, 15 days for a Two Month Notice, and 30 days for a Four Month Notice.

==The basics==

The Residential Tenancy Branch (RTB) offers a service called dispute resolution, which is essentially BC’s tenant-landlord “court”. When facing a legal problem with your landlord, you do not have to hire an expensive lawyer and go to Small Claims Court or BC Supreme Court. Instead, you can request that a RTB arbitrator look at your case and make a legally-binding decision. Almost all legal disputes between tenants and landlords must be resolved through the RTB dispute resolution system.

[[File:Dispute resolution for tenants.png | right | frame | link= ]]

===Types of orders===

Arbitrators have the power to settle legal disputes on a range of topics. An arbitrator can:
* order your landlord to follow the law;
* order your landlord to pay you money;
* order your landlord to repair your rental unit;
* prevent your landlord from entering your rental unit;
* give you permission to change your locks;
* give you permission to withhold money from future rent payments; and
* cancel an eviction notice that your landlord has given you.

===Rules of Procedure and Policy Guidelines===

For more detailed information on dispute resolution, you can review the RTB’s Dispute Resolution [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] – a comprehensive resource that covers topics such as filing an application, making a cross-application, exchanging evidence, amending an application, adjourning a hearing, etc.

When preparing for a dispute resolution hearing, you should also see if there are any RTB [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/policy-guidelines Policy Guidelines] related to your dispute. These resources go into greater detail on certain topics compared to the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'', and are often referred to by arbitrators when making decisions.

==Resolving disputes without dispute resolution==

Dispute resolution should often be viewed as a last resort, as it can be time-consuming, costly, and unpredictable. When faced with less urgent issues such as minor repairs or noisy neighbours, first notify your landlord in writing and give them a reasonable chance to fix the problem before applying for dispute resolution. Of course, when dealing with more urgent issues, such as an eviction notice or emergency repair, consider applying for dispute resolution right away.

===Tips when talking to your landlord===

Talking to your landlord can be challenging, especially when you disagree on an issue. Here are a few tips to keep in mind:
* '''Prepare ahead of time:''' It can be helpful to summarize your main points in advance, or have a practice conversation with a friend or family member.
* '''Consider your timing:''' Try to have the conversation when you are calm and composed, rather than upset and emotional.
* '''Stay on topic:''' Raising irrelevant issues can derail the conversation and make it harder to address your main concerns. If your landlord is getting off topic, acknowledge that you have heard what they said, but then refocus them on the original conversation.
* '''Consider your landlord’s perspective:''' An effective communicator can be respectful of the other person’s perspective, while also clearly and calmly stating their own.
* '''Be professional:''' It is in your best interest to be professional when dealing with your landlord, regardless of how they have treated you in the past. Stay focused on getting the best possible outcome rather than engaging in personal attacks and aggressive comments.

===Tips when writing a letter to your landlord===

You may struggle to find the right words when writing your landlord. To help with this, TRAC has developed a series of [http://tenants.bc.ca/template-letters/ template letters] on topics such as bed bugs, deposits, illegal rent increases, etc. Download one of our letters as a starting point. From there, you can add your own details, the date, and your signature before sending the letter.

Here are some tips to consider when writing your letter:
* '''Keep it short and sweet:''' Stick to your main points and avoid overwhelming your landlord with irrelevant details.
* '''Organization is key:''' Structure your letter in a way that makes it easy to read. If you are dealing with multiple issues, you may want to number them and address them one by one.
* '''Think twice:''' Before sending your letter, review it, or have someone else review it. You may even want to wait a night to see if you would change anything the next day.
*''' Consider your tone:''' Do not simply send a letter to complain to your landlord. You want your letter to be professional so that it helps you achieve a successful outcome. For example, do not write in CAPITAL LETTERS, since that means that you are SHOUTING!
* '''Be respectful:''' Remember that your landlord may keep a copy of your written communication for their record. Avoid writing anything that an arbitrator would find disrespectful.

===Residential Tenancy Branch early intervention===

You can contact the Residential Tenancy Branch and request that an Information Officer call your landlord and explain the law. Some landlords will be more likely to behave once a government employee has outlined the potential consequences for their illegal behaviour.

==Applying for dispute resolution==

===How to apply===

You can submit hardcopy applications at any Residential Tenancy Branch (RTB) office or [http://servicebc.gov.bc.ca/locations Service BC Centre]. The RTB has also recently improved their [ http://gov.bc.ca/landlordtenant online application] process. Compared to the hardcopy application process, the online system offers several benefits, including:
* the ability to upload evidence online;
* the ability to apply for fee waiver applications online;
* helpful email reminders and notifications;
* an intuitive design with step-by-step instructions;
* the ability to resume incomplete applications; and
* mobile-friendly functionality.

===Fee===

It costs $100 to apply for dispute resolution. However, if you win your hearing, the arbitrator can order your landlord to repay you the fee – as long as you have made that request as part of your application. Alternatively, if you have a low income, you can apply for a [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online/fees-and-fee-waivers#Waiver fee waiver application] that cancels the fee entirely. To be successful, you may need to provide evidence of your income, such as an income assistance statement, employment insurance benefits statement, recent paystub from an employer, and/or recent bank statements.

===Time limits===

There are varying deadlines for dispute resolution applications, depending on the nature of the dispute. For example, here are the time limits to dispute eviction notices:
* 5 days to dispute a 10 Day Eviction Notice;
* 10 days to dispute a One Month Eviction Notice;
* 15 days to dispute a Two Month Eviction Notice; and
* 30 days to dispute a Four Month Eviction Notice.

===Naming your landlord===

Name yourself as the “applicant” and your landlord(s) as the “respondent(s)”. Although tenants may sometimes only have one landlord – the owner of the rental unit – it is quite common for an owner to appoint an “agent”, such as a property management company, to act on their behalf as a secondary landlord. If this is the case, it can be wise to list both landlords on your application form.

If you are asking for money as part of your application, make sure to include the legal name and address of the owner. This will make it easier to enforce your monetary order through Small Claims Court if the owner refuses to pay. If you do not know who the owner of your rental unit is, you can complete a land title search through the Land Title Office. See TRAC’s webpage, [http://tenants.bc.ca/finding-out-who-my-landlord-is/ Finding Out Who My Landlord Is] for more information.

===Serving notice to your landlord===

Once your dispute resolution application has been accepted, the RTB will provide you with a package of hearing documents that lists the date and time of your hearing, instructions on how to prepare for your hearing, and copies of the application and submitted evidence. Hearing dates are set based on urgency, with the most serious applications receiving the highest priority, and monetary order applications receiving the lowest priority.

Once you have received your hearing documents, you have three days to serve them on the respondent(s) in one of the following ways:
# Delivering them in person to your landlord, and/or your landlord’s agent. If possible, bring a witness so you have proof that your documents were served properly.
# Sending them via registered mail. (Considering mailed documents are deemed received five days later, you are only required to mail your hearing documents within three days.) If you serve the documents via registered mail, make sure to keep the receipt and confirmation of delivery as evidence.

===Group applications===

A group of tenants facing related issues can ask the RTB to join their applications together and hold one dispute resolution hearing for everyone. If the RTB agrees to this, the lead tenant will be required to attend the hearing, while the other tenants will have the option to attend.

==Preparing for dispute resolution==

===Gathering and submitting evidence===

To be successful at dispute resolution, you will have to gather and submit enough quality evidence to convince an arbitrator to rule in your favour. Telling your side of the story is generally not enough; you should be prepared to present relevant evidence in a convincing manner.

Here are some examples of evidence that you should consider submitting:
* '''Tenancy agreement:''' Your landlord is legally required to give you a copy of your tenancy agreement within 21 days of entering into your tenancy.
* Written communication: Include written communication that strengthens your case, such as letters, forms, and notices. Relevant emails, texts, and social media messages may also be considered by arbitrators.
* '''Photos:''' Add descriptions of the photos and when they were taken. You should number and label them in a consistent fashion – for example, “Living Room Photo 1” and “Living Room Photo 2”.
* '''Audio and video recordings:''' Indicate which parts of the audio recordings and videos you would like the arbitrator to listen to and watch.
* '''Witnesses:''' Have witnesses speak at the hearing or submit signed witness statements.
* '''Affidavits:''' Submit affidavits (sworn statements) signed by you or your witnesses. A lawyer, Notary Public, or Commissioner of Oaths can assist you with this process. Affidavits may cost money but are generally considered stronger evidence than unsworn statements.
* '''Receipts:''' You will need proof of the expenses you paid when seeking a monetary order.
* '''Monetary Order Worksheet:''' If you are applying for a monetary order, you must submit the Residential Tenancy Branch form, “Monetary Order Worksheet”.

===Deadlines to submit evidence===

All evidence that you want to rely on at dispute resolution needs to be submitted to the Residential Tenancy Branch (RTB) and properly served on your landlord.

The person applying for dispute resolution – the “applicant” – should do their best to submit evidence with their application. If that is not possible, the RTB and the respondent must receive the evidence at least 14 days before the hearing. Evidence should always be submitted as soon as possible, as arbitrators have the right to refuse evidence that was intentionally submitted later than it could have been.

The person responding to the application – the “respondent” – must ensure that all their evidence is received by the RTB and the applicant at least 7 days before the hearing. Again, if evidence submission is intentionally delayed, the arbitrator may decide to not consider it.

'''Late evidence:''' If you miss the deadline for submitting evidence, you can still submit your evidence late. Be prepared to have an argument ready for why the arbitrator should consider the evidence at the hearing. For example, the evidence may have only become available after the evidence deadline. If your landlord brings up evidence during a hearing that you did not receive on time, you can ask the arbitrator to not consider it, or to adjourn (reschedule) the hearing to a later date. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf section 3.17] of the Rules of Procedure for more information.

'''Service rules:''' The way that evidence is served can affect when it is legally considered received. For example:
* evidence delivered in person is considered received that same day;
* evidence left in a mailbox or mail slot is considered received three days later; and
* evidence that is mailed is considered received five days later.

===Digital Evidence===

Tenants who have filed for dispute resolution must, where possible, digitally submit evidence to the RTB through their online system. If you are not able to upload evidence in this manner, you can still submit physical copies directly to the RTB, or to any Service BC Centre across the province. Digitally submitting evidence to the RTB will make it available to the arbitrator handling your case, but the RTB will not send copies to your landlord on your behalf. This means that, when you digitally submit evidence to the RTB, you must also serve copies of that evidence to your landlord using an accepted method of service according to the ''Residential Tenancy Act''.

When submitting digital evidence, you should ensure that your evidence is well organized. According to [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf section 3.10.1] of the Rules of Procedure, digital evidence should be accompanied by descriptions of the evidence, logical numbering systems for photographs, a time code for the key point in any audio or video recordings, etc. You must also submit RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb43.pdf “Digital Evidence Details”], available on the RTB website at gov.bc.ca/tenantlandlord. This form will help keep your evidence organized for the arbitrator, and ensure you follow the required steps for service.

When serving digital evidence on your landlord, you must ensure that they are able to access the evidence. For example, if you submit video evidence to the RTB online, and then make a DVD of that video to serve on your landlord, you must confirm with your landlord that they have playback equipment for the DVD, or can somehow access the information on the disc. When asked about whether they can access a particular format, your landlord must reply as soon as possible. If you choose to submit digital evidence, you must keep exact copies of that evidence for two years after the dispute resolution process has concluded. See sections 3.0 and 3.10 of the [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] and RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl42.pdf Policy Guideline 42] for more information.

===Bringing help===

The dispute resolution process has been designed for self-representation, which means that most tenants are able to participate in hearings on their own. That being said, if you feel that you need some assistance during your hearing, you have the right to bring a family member, friend, legal advocate, lawyer, translator, or interpreter.

==Participating in dispute resolution==

===Connecting to the conference call===

Dispute resolution hearings are almost always held over the phone. When you apply for dispute resolution, you will be given a hearing package with instructions on how to connect to the conference call. Make sure to keep these instructions in a safe place and have them ready for the start of your hearing. It is always a good idea to connect to the conference call early, so that you have time to address any potential technical issues before the hearing starts. If you are unable to connect to the conference call due to matters outside of your control, you may have to submit an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration].

===Start of the hearing===

The arbitrator will explain how the hearing will proceed and address any preliminary matters. This is the time to mention anything that needs to be dealt with before the hearing starts. For example, you may have to mention that an advocate will be representing you, a witness will be providing evidence, or that you need to amend your application.

'''Requesting an adjournment:''' You may need to request that your hearing be adjourned (rescheduled). For example, this could happen if you did not receive your landlord’s evidence in time to prepare a response. The decision to adjourn the hearing or proceed with the hearing will be up to the arbitrator handling your case.

===During the hearing===

You should be given a fair chance to argue your case, ask questions, and share evidence, including witness testimonies. Make sure to present your evidence clearly and concisely, and avoid raising issues that are irrelevant to your application. It is important to guide the arbitrator through your evidence; do not assume that they will understand everything on their own.

The applicant generally presents their evidence first, followed by the respondent. One exception to this rule is when a tenant is disputing an eviction notice. For those hearings, the respondent landlord must present their evidence first and explain why the eviction notice should be upheld. The tenant will then be given a chance to present their own evidence and defend their housing.

'''Negotiating a settlement:''' The arbitrator may suggest that you and your landlord negotiate a settlement during the hearing. Do not feel pressured to agree to a settlement unless you are completely satisfied with the terms.

'''Behaviour:''' Participating in a dispute resolution hearing can be an emotional experience, but it is important to always act in a professional manner and not interrupt anyone while they are speaking. Instead, write down your questions or concerns so that you can address them later. Speak clearly and respectfully to both the arbitrator and your landlord, and never raise your voice or use inappropriate language. Bad behaviour could hurt your credibility and, in turn, your chances of winning your hearing. If you believe it will be difficult to remain professional at your hearing, consider asking a friend, family member, or legal advocate to help you present your case.

===End of the hearing===

At the end of the hearing, the arbitrator may inform you of their decision or they may decide to take more time to review the evidence. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section77 section 77] of the ''Residential Tenancy Act'', arbitrators are required to reach a decision within 30 days. For hearings about eviction notices and other urgent matters, arbitrators will usually make their decision within a few days.

==Collecting money from your landlord==

Arbitrators have the power to issue orders that require one person to pay money to another person. A landlord could be issued a monetary order if their tenant has not paid the rent, while a tenant could be issued a monetary order if their landlord has broken the law.

Residential Tenancy Branch (RTB) monetary orders are legally-binding, which means the person who is required to pay must follow through with the payment. If you have obtained a monetary order that your landlord refuses to pay, you will have to enforce that order in Small Claims Court, since the RTB cannot enforce their own orders. A Small Claims Court judge could help you get paid by garnishing your landlord’s wages or placing a lien on their property. Visit TRAC’s webpage, [http://tenants.bc.ca/enforcing-a-monetary-order/ Enforcing a Monetary Order] for more information.

==Reviewing a dispute resolution hearing decision==

===Residential Tenancy Branch Correction and Clarification===

If a decision is unclear or contains a mistake, you can submit a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb6.pdf “Request for Correction”] or [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb38.pdf “Request for Clarification”] form to the Residential Tenancy Branch (RTB), free of charge. You will most likely not have to notify your landlord of this application, unless an arbitrator instructs you to do so.

For some types of issues, such as the following, there is a 15-day deadline to apply from the date you receive the decision:
* the decision is too complex or ambiguous and needs to be clarified;
* the decision contains an obvious error; or
* something was accidentally left out of the decision.

For other types of issues, such as the following, the 15-day deadline may not apply:
* the decision has a typo;
* order has grammatical errors; or
* the decision has a math error.

It can sometimes be challenging determining when the 15-day deadline applies. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl25.pdf Policy Guideline 25] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section78 section 78] of the ''Residential Tenancy Act (RTA)'' for more information.

===Residential Tenancy Branch Review Consideration===

You can ask the Residential Tenancy Branch (RTB) to review a decision that you have lost. This is not a chance to simply re-argue your case, as reviews are only granted in limited circumstances. [i Section 79(2)] of the ''RTA'' lists three situations where the RTB may accept an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration]:
# A person was unable to attend the hearing for reasons unanticipated and beyond their control.
# There is new evidence that was not available at the time of the hearing, and would have influenced the original decision.
# The other party intentionally used fraud to get the outcome they desired.

'''Fee:''' There is a $50 fee to apply for a Review Consideration, unless you had your application fee waived for the original hearing.

'''Deadlines:''' There are different application deadlines, depending on the nature of the dispute. For the following types of decisions, there is a two-day deadline from the time you receive the decision:
* unreasonable withholding of consent to assign or sublet;
* eviction for non-payment of rent;
* order of possession for the tenant or the landlord; and
* application to end a tenancy early.

For the following types of decisions, there is a five-day deadline from the time you receive the decision:
* repairs or maintenance;
* services or facilities; and
* any eviction notice other than one for non-payment of rent.

For all other types of decisions, there is a 15-day deadline from the time you receive the decision. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section80 section 80] of the ''RTA'' for more information.

===BC Supreme Court judicial review===

If your RTB hearing or decision was unfair, but your situation does not fit the eligibility criteria for a RTB Review Consideration, you can apply for a judicial review through BC Supreme Court.

The RTB is considered an expert tribunal on matters of residential tenancy law. This means that the standard of review for RTB decisions is quite high; a BC Supreme Court judge can only set aside a RTB decision if they find it to be procedurally unfair, patently unreasonable, or blatantly incorrect.

When you participate in a RTB dispute resolution hearing, you have the right to natural justice – also known as procedural fairness. This means that the arbitrator must allow you a fair opportunity to know the case against you, present evidence, and argue your side of the story. In addition, [http://www.bclaws.ca/civix/document/id/complete/statreg/04045_01#section58 section 58] of the ''Administrative Tribunals Act'' defines a decision as being “patently unreasonable” if it:
* is exercised arbitrarily or in bad faith;
* is exercised for an improper purpose;
* is based entirely or predominantly on irrelevant factors; or
* fails to take statutory requirements into account.

If a BC Supreme Court judge finds a decision to be procedurally unfair, patently unreasonable, or blatantly incorrect, they will usually order a new dispute resolution hearing at the RTB, rather than reach a new decision on their own. This means that even if you are successful in your judicial review application, there is no guarantee you will win your new hearing at the RTB.

'''Fee:''' $200

'''Deadline:''' 60 days from the date the RTB decision was made.

'''Key referral:''' The [http://www.clasbc.net/ Community Legal Assistance Society (CLAS)] is an expert organization on the topic of judicial review. If you are a tenant whose housing is at risk because you lost your dispute resolution hearing, CLAS may be able to provide free assistance with a judicial review application. They also offer an online [https://judicialreviewbc.ca/ Judicial Review Self-Help Guide].

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}

{{Tenant Survival Guide Navbox}}

{{Creative Commons for TRAC
|title = Tenant Survival Guide
|author =
}}
__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Moving Out When Renting

2018-12-20T18:25:38Z

Andrew Sakamoto: /* Emails, texts, and social media */

{{Tenant Survival Guide TOC}}
'''DO:''' give one month notice to end your month-to-month tenancy no later than the day before your rent is due. Failing to do so could result in you owing an extra month of rent.

'''DO NOT:''' use email, text messaging, or social media when providing your one-month notice to move out. The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'' does not accept those forms of digital communication for such notice.

==Giving notice to move out==

[[File:Tenant moving out.jpg | left | frame | link= ]]

===Month-to-month tenancies===

If you have a month-to-month agreement, you can end your tenancy by giving one-month notice no later than the day before your rent is due. For example, if you pay rent on the first day of the month and want to move out by May 31st, your notice must be received by your landlord no later than April 30th.

Your notice must be in writing, so avoid email, text messaging, and social media. Instead, give your landlord a signed and dated letter with your name, signature, address, and move-out date, as set out in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section52 section 52] of the ''RTA''. Make sure to keep a copy in a safe place and take photos for added protection.

===Fixed term tenancies===

If you have a fixed term agreement, giving notice to end your tenancy is a little more complicated. Since you have entered into a legal contract for a fixed amount of time, you are generally not allowed to give notice to move out before the end of your term.

Most fixed term tenancies convert to month-to-month tenancies at the end of the term. However, if you plan to move out at the end of the term rather than have your tenancy continue, you must provide one-month notice in writing no later than the day before your rent is due – just like month-to-month agreements.

'''Vacate clauses:''' Vacate clauses can only be used in situations listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section13.1 section 13.1] of the ''Residential Tenancy Regulation''. If your agreement has a vacate clause, you do not have to give proper notice before moving out, since you already agreed to your move-out date when signing your tenancy agreement.

===Changing your mind===

Unless you obtain your landlord’s permission in writing, you are not allowed to change your mind once you have provided proper written notice to end your tenancy. If your landlord suspects that you will not move out as planned, they can apply for an Order of Possession that will take effect on the date you are supposed to leave.

==Serving documents==

[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section88 Sections 88-90] of the ''Residential Tenancy Act (RTA)'' cover the rules about how tenants and landlords can give, or “serve”, forms and notices to each other. When it comes to serving your one month written notice, or any other type of form or notice, you should avoid email, text messaging, and social media, and instead use one of the following methods:
'''# In person:''' You can serve your written notice in person to your landlord, an adult who lives with your landlord, or an agent of your landlord. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of the delivery on your copy of the notice and have your witness sign it. A notice delivered in person is considered received that same day.
'''# Post the notice:''' You can attach your written notice in a visible spot at your landlord’s home, or the place where they carry out business as a landlord. For example, you can tape the notice to your landlord’s door. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of the delivery on your copy of the notice and have your witness sign it. Do not slide the notice under your landlord’s door. The ''RTA'' says that a posted notice is considered received on the third day after being posted.
'''# Mailbox or mail slot:''' You can put your written notice in the mailbox or mail slot at your landlord’s home, or the place where they carry out business as a landlord. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of the delivery on your copy of the notice and have your witness sign it. The ''RTA'' says that a notice left in the mailbox or mail slot is considered received on the third day after being left.
'''# Fax:''' You can serve your written notice by fax, if your landlord has provided you with a fax number for serving documents. Keep the confirmation printout showing the date and time the fax was sent. The ''RTA'' says that a faxed notice is considered received on the third day after being faxed.
'''# Mail:''' You can serve your written notice using regular or registered mail. If you want proof that your landlord received the notice, send it by registered mail so that Canada Post can give you confirmation. The ''RTA'' says that a mailed notice is considered received on the fifth day after being mailed.

'''Proof of Service:''' It is important to always have proof that you served a document properly. To help with this, consider using the Small Claims Court form, [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl004f.pdf “Certificate of Service”].

'''Rebuttable presumption:''' When determining the date a document is legally considered received, there is always a “rebuttable presumption”. This means that even though the ''RTA'' has rules about when documents are considered received, they may not apply if there is evidence of the document being received on a different date. For example, if you mail a notice to your landlord and get email confirmation that they received it three days later, an argument could be made that it was received after three days rather than five days.

==Special service rules for certain documents ==

Most documents can be served in any of the ways listed above, but there are some exceptions. For tenants, there are two types of documents where special rules apply – an application for dispute resolution and a notice from an arbitrator to review a decision or order. These types of documents can only be served in a limited number of ways:
# by leaving a copy with the landlord;
# by leaving a copy with an agent of the landlord; or
# by sending a copy by registered mail to the address at which the landlord lives, or to the address at which the landlord carries on business as a landlord;

This is a complicated topic and there are additional special rules about serving documents. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section89 section 89] of the ''Residential Tenancy Act'' and Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl12.pdf Policy Guideline 12] for more information.

===Emails, texts, and social media===

The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' does not recognize email, text messaging, and social media as acceptable methods of service. This means that when an official Residential Tenancy Branch (RTB) form must be served, or the ''RTA'' requires that something be done “in writing”, it is always safest to rely on hardcopy documents rather than email, text messaging, and social media. Landlords should never attach an eviction notice to an email, and tenants should never text their one-month notice to move out. If these issues ended up in dispute resolution, an arbitrator may rule that the documents were improperly served. That being said, if you receive a document that was not served properly, the safest option is to not ignore it. For example, if your landlord emails you an eviction notice, you should consider disputing it through the RTB so that an arbitrator can dismiss it and instruct your landlord to not illegally evict you.

While hardcopy documents should always be used when serving official RTB forms and notices that are legally required to be given “in writing”, email, text messaging, and social media may be acceptable when it comes to more general correspondence. For example, since there is no official RTB form for requesting repairs, a series of emails showing your landlord’s neglect for a repair request might be accepted as evidence at dispute resolution – as long as you can prove that your landlord received the emails. When it comes to email, text messaging, and social media evidence at dispute resolution, the arbitrator handling your case will always have the final say on whether or not to accept the evidence.

==Illegally breaking a lease==

If you move out before the end of your fixed term tenancy – often referred to as “breaking a lease” – your landlord may be entitled to some money, depending on how much rental income they lost and whether they made reasonable efforts to find a replacement tenant.

===Consequences for breaking a lease===

You may have to pay your landlord some money if you end your fixed term tenancy early, but it is not as simple as automatically owing the remaining months of rent. Once you have broken your lease, your landlord has a legal responsibility to minimize your loss, or “mitigate”, by trying to re-rent your unit at a fair price. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl05.pdf Policy Guideline 5] for more information.

If your landlord is forced to re-rent your unit at a $25 discount to secure a replacement tenant, they could be entitled to $25 per month over the remaining term of your agreement. However, if your landlord can re-rent your unit for more than what you were paying, that additional money they will earn over the remaining months of your agreement can be applied to, or “set off” against, any other money you owe your landlord for unpaid rent or damages. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl03.pdf RTB Policy Guideline 3] for more information.

If your landlord applies for a monetary order against you but cannot prove that they made an honest attempt to re-rent your unit, you may not be required to pay for any of their lost rental income. This means that if your landlord refused to show your unit to potential tenants, never posted an advertisement, or had too high of an asking price, they may not be entitled to any monetary compensation.

'''Liquidated damages:''' If you break a lease that includes a “liquidated damages” clause, you could be held responsible for the costs associated with finding a replacement tenant. A liquidated damages clause cannot be unreasonably high, especially considering the number of free online advertising options that are available. Liquidated damages is supposed to be a reasonable pre-estimate of the cost of re-renting a unit – not a penalty for breaking a lease. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl04.pdf RTB Policy Guideline 4] for more information.

==Alternatives to breaking a lease==

If you must end your tenancy early, there are a few options to consider before packing up and leaving. Depending on your situation, you may be able to end your tenancy without having to illegally break your lease.

===Mutual agreement to end tenancy===

Your landlord may simply agree to end your tenancy early. To help convince them, offer to help find a new tenant by advertising your rental unit and making it accessible for regular viewings. The Residential Tenancy Branch (RTB) offers a standard [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy”] form.

===Sublet / assignment===

You might be able to sublet or assign your tenancy agreement. A sublet occurs when a tenant temporarily moves out and rents their unit to a subtenant until they return, whereas an assignment occurs when a tenant permanently moves out and transfers their agreement to a new tenant. To sublet or assign your tenancy agreement, you must have your landlord’s written consent. However, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section34 section 34(2)] of the ''Residential Tenancy Act (RTA)'', if your fixed term tenancy agreement has at least six months remaining on it, your landlord cannot unreasonably withhold their consent. If you believe your landlord is unreasonably withholding consent, you have the right to apply for dispute resolution to ask for an order allowing you to sublet or assign your tenancy.

There are important differences between sublets and assignments. When you sublet a rental unit, you retain rights and responsibilities associated with that tenancy agreement. However, when you assign a rental unit, your rights and responsibilities are usually transferred to the person to whom you are assigning the agreement. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl19.pdf Policy Guideline 19] for more information.

'''Exception:''' The sublet and assignment rules in the ''RTA'' do not apply to non-profit housing that falls under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section2 section 2] of the ''Residential Tenancy Regulation''.

===Landlord breach of a material term===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section45 section 45(3)] of the ''RTA'', you can consider ending your tenancy early if your landlord has breached a “material term” and failed to correct the situation within a reasonable period after receiving your written warning. According to RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl08.pdf Policy Guideline 8], a material term is a term that is so important that even the simplest breach or violation may give you the right to end the tenancy. The ''RTA'' does not define “material term”, since the same term could be considered material in one tenancy but not another. If you end your tenancy due to breach of a material term, your landlord may apply for a monetary order against you, so be prepared to convince an arbitrator that there was no way your tenancy could have continued. Alternatively, you can apply for dispute resolution to request permission to end your tenancy early.

===Family violence or long-term care===

Tenants can end a fixed term tenancy early by providing one month written notice if they:
* need to leave their rental unit to protect themselves or their children from family violence;
* have been assessed as requiring long-term care; or
* have been accepted into a long-term care facility.

To legally end a tenancy in these circumstances, you must provide your landlord with a completed RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb49.pdf “Ending Fixed Term Tenancy Confirmation Statement”], signed by an authorized third-party verifier.

When ending a tenancy early due to family violence, here are some common examples of third party verifiers:
* medical practitioner;
* nurse practitioner;
* psychologist;
* social worker;
* police officer;
* counsellor;
* practising lawyer; or
* victim court support caseworker;

When ending a tenancy early due to long-term care, here are some common examples of third party verifiers:
* medical practitioner;
* nurse practitioner;
* psychologist;
* social worker;
* manager of a long-term care facility; or
* occupational therapist.

For more information on this topic, including a full list of all third-party verifiers, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#part7 Part 7 of the Residential Tenancy Regulation].

==Cleaning responsibilities==

Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf Policy Guideline 1] provides an overview of your responsibility to clean your rental unit when moving out. Here are some examples of areas in your rental unit that you are expected to clean:
* the inside and outside of appliances, such as the stove, fridge, and dishwasher;
* behind and underneath the fridge and stove, if they are on rollers and can be pulled out;
* floors and wall vents;
* the insides of all your windows and doors;
* the outside of any sliding glass doors or balcony windows;
* blinds and window coverings;
* walls and baseboards;
* any fireplace you used, as well as its screen, vent, or fan; and
* if your tenancy was at least one year, or you smoked or had pets, the carpets should be steam cleaned or shampooed.

==Move-out condition inspection reports==

At the end of your tenancy, you and your landlord should walk through your rental unit and complete a move-out condition inspection report. This is a chance to fill out a checklist and document the condition of your home. Completing this report when you move in and move out will help determine how much damage, if any, has been caused during your tenancy.

===Approved forms===

There is a good chance your landlord will use the standard Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb27.pdf Condition Inspection Report]. However, if they choose to use their own custom form, it should still contain all the information required by [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section20 section 20] of the ''Residential Tenancy Regulation (RTR)'' – just like the standard RTB form.

===Scheduling an inspection===

According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section17 section 17] of the ''RTR'', your landlord must offer you at least two opportunities – between 8am and 9pm – to complete the move-out condition inspection. If you do not accept their first offer, your landlord is required to serve you with the RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb22.pdf “Notice of Final Opportunity to Schedule a Condition Inspection”]. If you are still unavailable for the second opportunity, you can have someone else participate on your behalf. Even if you are able to participate in the inspection, you may want to consider bringing a friend or family member as a witness. Ideally, the move-out condition inspection report should be completed on the day your tenancy ends, once all your belongings have been removed from the rental unit. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section35 section 35] of the ''Residential Tenancy Act'' for more information.

===Participating in the inspection===

It can be a good idea to take photos and videos during the inspection, especially if you disagree with your landlord about the condition of your rental unit. Once you have completed the condition inspection, make sure to sign and date the report. If you disagree with your landlord about any part of the inspection, there should be space on the form to list your concerns. If you do not sign the report because you disagree with it, it may be difficult to prove that you participated in the inspection. Your landlord must give you a copy of the completed report within 15 days of completing the inspection. Keep your copy in a safe place and take photos for added protection.

==Getting your deposit returned==

If you would like to have your deposit returned, the first step is to provide your landlord with a forwarding address in writing indicating where your deposit can be sent. Make sure to have evidence that you provided your forwarding address, such as a witness or registered mail confirmation. You should also have the option to list your forwarding address on the move-out condition inspection report.

Once you have provided your forwarding address in writing and your tenancy has officially ended, your landlord has 15 days to take one of the following three actions:
# return your deposit;
# get your written permission to keep some or all of your deposit; or
# apply for dispute resolution to keep some or all of your deposit.

Your landlord can return your deposit by delivering it in person, mailing it, leaving it in your mailbox or mail slot, or sending it electronically. If your landlord returns your deposit by electronic means, they are not allowed to charge a fee.

Your landlord cannot simply decide on their own to keep your deposit. If they want it, they need written permission from either you or the Residential Tenancy Branch. After 15 days, if your landlord has not returned your deposit, obtained your written consent, or applied for dispute resolution, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section38 section 38] of the ''Residential Tenancy Act (RTA)'' gives you the right to go after your landlord through dispute resolution for double the amount of your deposit.

'''Condition inspection reports:''' If your landlord does not give you a chance to participate in a move-in or move-out condition inspection, or does not provide you with a copy of either report within the required timelines, they lose the right to claim against your security or pet damage deposit for damage to the rental unit. Conversely, if you fail to participate in an inspection after receiving two opportunities, you may lose the right to have your deposit(s) returned. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section24 sections 24] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section36 36] of the ''RTA'' for more information.

{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}

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