Entering a Tenancy - Revision history

Nate Russell: Retired Tenant Survival Guide page; directing readers to current TRAC resource

2026-04-01T19:31:38Z

Retired Tenant Survival Guide page; directing readers to current TRAC resource

Desy Wahyuni: moved {{REVIEWED}} to top of page

2019-01-10T20:04:02Z

moved {{REVIEWED}} to top of page

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	{{Tenant Survival Guide TOC}}		{{Tenant Survival Guide TOC}}
			{{REVIEWED \| reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
	'''DO:''' carefully review and sign a tenancy agreement. This is one of the most effective ways you can protect yourself as a tenant.		'''DO:''' carefully review and sign a tenancy agreement. This is one of the most effective ways you can protect yourself as a tenant.

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	~~{{REVIEWED \| reviewer = [[Tenant Resource & Advisory Centre]], 2018}}~~

	{{Tenant Survival Guide Navbox}}		{{Tenant Survival Guide Navbox}}

Andrew Sakamoto: /* Co-tenants */

2018-12-20T18:20:24Z

Co-tenants

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	Co-tenants are jointly responsible for everything related to their tenancy, which means they are all equally responsible for each other’s behaviour. If the full rent is not paid on time because of one co-tenant, the landlord could issue an eviction notice that applies to everyone. Similarly, if damage has been caused to the rental unit, the landlord could choose to seek monetary compensation from any roommate – even if it was not that person’s fault.		Co-tenants are jointly responsible for everything related to their tenancy, which means they are all equally responsible for each other’s behaviour. If the full rent is not paid on time because of one co-tenant, the landlord could issue an eviction notice that applies to everyone. Similarly, if damage has been caused to the rental unit, the landlord could choose to seek monetary compensation from any roommate – even if it was not that person’s fault.

	'''Disputes between co-tenants:''' Disputes between co-tenants are not covered by the ''Residential Tenancy Act (RTA)'' and cannot be resolved through the Residential Tenancy Branch (RTB). A common dispute can arise when one roommate is late with their portion of the rent, and the other roommates are forced to pay the difference to avoid eviction. From a legal standpoint, this type of monetary dispute would have to be settled through [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].		'''Disputes between co-tenants:''' Disputes between co-tenants are not covered by the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' and cannot be resolved through the Residential Tenancy Branch (RTB). A common dispute can arise when one roommate is late with their portion of the rent, and the other roommates are forced to pay the difference to avoid eviction. From a legal standpoint, this type of monetary dispute would have to be settled through [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].

	Problems can also arise when one co-tenant decides to move out, as that decision can affect the remaining co-tenants. Here are the two possible scenarios for when a co-tenant moves out:		Problems can also arise when one co-tenant decides to move out, as that decision can affect the remaining co-tenants. Here are the two possible scenarios for when a co-tenant moves out:

Andrew Sakamoto: /* Protect yourself with a written contract */

2018-12-20T18:19:40Z

Protect yourself with a written contract

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	==Protect yourself with a written contract==		==Protect yourself with a written contract==

	Although verbal tenancy agreements are covered by the ''Residential Tenancy Act (RTA)'', it is always best to have a written agreement with your landlord. Signing a hardcopy contract is one of the best ways you can protect yourself as a tenant, since it proves the terms you agreed to at the start of your tenancy. Your landlord may use the standard Residential Tenancy Branch (RTB) tenancy agreement, or they may use their own custom tenancy agreement. If they choose to use their own agreement, it must have all the standard information required by law – just like the RTB agreement. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section12 section 12] of the ''RTA'' and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section13 section 13] of the ''Residential Tenancy Regulation'' for more information.		Although verbal tenancy agreements are covered by the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'', it is always best to have a written agreement with your landlord. Signing a hardcopy contract is one of the best ways you can protect yourself as a tenant, since it proves the terms you agreed to at the start of your tenancy. Your landlord may use the standard Residential Tenancy Branch (RTB) tenancy agreement, or they may use their own custom tenancy agreement. If they choose to use their own agreement, it must have all the standard information required by law – just like the RTB agreement. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section12 section 12] of the ''RTA'' and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section13 section 13] of the ''Residential Tenancy Regulation'' for more information.

	==Tenancy agreements==		==Tenancy agreements==

Andrew Sakamoto at 18:19, 20 December 2018

2018-12-20T18:19:23Z

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	'''DO:''' carefully review and sign a tenancy agreement. This is one of the most effective ways you can protect yourself as a tenant.		'''DO:''' carefully review and sign a tenancy agreement. This is one of the most effective ways you can protect yourself as a tenant.

	'''DO NOT:''' forget that the ''Residential Tenancy Act'' prevents landlords and tenants from “contracting out” of the law. Any term of a tenancy agreement that avoids the law is considered unenforceable.		'''DO NOT:''' forget that the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'' prevents landlords and tenants from “contracting out” of the law. Any term of a tenancy agreement that avoids the law is considered unenforceable.

	==Protect yourself with a written contract==		==Protect yourself with a written contract==

Andrew Sakamoto: /* Changing terms in a tenancy agreement */

2018-12-20T18:12:51Z

Changing terms in a tenancy agreement

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	{{REVIEWED \| reviewer = [[Tenant Resource & Advisory Centre]], ~~2012~~}}		{{REVIEWED \| reviewer = [[Tenant Resource & Advisory Centre]], 2018}}

	{{Tenant Survival Guide Navbox}}		{{Tenant Survival Guide Navbox}}

Andrew Sakamoto: /* Legislation and links */

2018-12-20T18:11:31Z

Legislation and links

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	Aside from the exceptions listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section14 section 14(3)] of the ''RTA'', the terms of a tenancy agreement can only be changed by mutual consent. If you and your landlord both agree to a change, feel free to amend your existing agreement. For example, you can cross out a term, enter a new one, add the date, and both initial the change. Alternatively, you can sign an addendum on a separate sheet of paper that outlines the agreed upon change. Either way, make sure that you receive a copy of the revised tenancy agreement or addendum. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section14 section 14] of the ''Residential Tenancy Act'' for more information.		Aside from the exceptions listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section14 section 14(3)] of the ''RTA'', the terms of a tenancy agreement can only be changed by mutual consent. If you and your landlord both agree to a change, feel free to amend your existing agreement. For example, you can cross out a term, enter a new one, add the date, and both initial the change. Alternatively, you can sign an addendum on a separate sheet of paper that outlines the agreed upon change. Either way, make sure that you receive a copy of the revised tenancy agreement or addendum. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section14 section 14] of the ''Residential Tenancy Act'' for more information.

	~~==Legislation and links==~~

	~~===Legislation===~~

	*''[[Residential Tenancy Act]]''
	*''[[Manufactured Home Park Tenancy Act]]''

	~~===Links===~~

	*[[Residential Tenancy Branch]]
	*RTB Policy Guideline 20 - [http://www.rto.gov.bc.ca/documents/GL20.pdf Illegal Contracts]
	*RTB Policy Guideline 28 - [http://www.rto.gov.bc.ca/documents/GL28.pdf Pet Clauses]
	*RTB Policy Guideline 29 - [http://www.rto.gov.bc.ca/documents/GL29.pdf Security Deposits]
	*RTB Policy Guideline 30 - [http://www.rto.gov.bc.ca/documents/GL30.pdf Fixed-Term Tenancies]
	*RTB Policy Guideline 31 - [http://www.rto.gov.bc.ca/documents/GL31.pdf Pet Damage Deposits]

	~~===Resources and forms===~~
	*TRAC Template Demand Letters - [http://tenants.bc.ca/template-letters/ Request for Copy of Tenancy Agreement, Change to Tenancy Agreement, Request for Locks to be Re-Keyed at Start of Tenancy, and Request for a Rent Receipt]
	*Renting it Right- [http://www.rentingitright.ca/content/4-tenancy-agreements/1-introduction Videos on Tenancy Agreements]
	*RTB [http://www.rto.gov.bc.ca/documents/RTB-1.pdf Residential Tenancy Agreement]
	*RTB [http://www.rto.gov.bc.ca/documents/RTB-5.pdf Manufactured Home Site Tenancy Agreement]
	*RTB [http://www.rto.gov.bc.ca/documents/RTB-27.pdf Condition Inspection Report]

	{{REVIEWED \| reviewer = [[Tenant Resource & Advisory Centre]], 2012}}		{{REVIEWED \| reviewer = [[Tenant Resource & Advisory Centre]], 2012}}

Andrew Sakamoto: /* Month-to-month tenancies */

2018-12-20T18:10:59Z

Month-to-month tenancies

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	'''Cons:''' Month-to-month tenancies leave you vulnerable to evictions for “landlord’s use”. If your landlord wants to occupy your rental unit, allow a “close family member” to occupy the unit, make major renovations, or demolish your building, they can issue you a Two Month or Four Month Eviction Notice for Landlord’s Use of Property under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA''.		'''Cons:''' Month-to-month tenancies leave you vulnerable to evictions for “landlord’s use”. If your landlord wants to occupy your rental unit, allow a “close family member” to occupy the unit, make major renovations, or demolish your building, they can issue you a Two Month or Four Month Eviction Notice for Landlord’s Use of Property under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA''.


	===Fixed term tenancies===		===Fixed term tenancies===

Nate Russell: Nate Russell moved page Making Your Tenancy Agreement to Entering a Tenancy: TSG Update 2018

2018-12-11T23:50:09Z

Nate Russell moved page Making Your Tenancy Agreement to Entering a Tenancy: TSG Update 2018

← Older revision	Revision as of 23:50, 11 December 2018
(No difference)

Nate Russell at 23:49, 11 December 2018

2018-12-11T23:49:38Z

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