Moving Out When Renting - Revision history

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

2026-04-01T19:33:34Z

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

Andrew Sakamoto: /* Serving documents */

2021-05-25T17:58:48Z

Serving documents

← Older revision		Revision as of 17:58, 25 May 2021
Line 30:		Line 30:

	[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:		[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.		#'''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.		#'''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.		#'''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.		#'''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.		#'''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.		#'''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.

Andrew Sakamoto: /* Special service rules for certain documents */

2021-05-25T17:58:04Z

Special service rules for certain documents

← Older revision		Revision as of 17:58, 25 May 2021
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	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:		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 the landlord;
	# by leaving a copy with an agent of the landlord; or		# 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;		# 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.		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.

	===~~Emails, texts,~~ and social media===		=== 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 ~~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.		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 ~~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.		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==		==Illegally breaking a lease==

Andrew Sakamoto: /* Serving documents */

2021-05-25T17:54:54Z

Serving documents

← Older revision		Revision as of 17:54, 25 May 2021
Line 30:		Line 30:

	[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:		[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.		#'''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.
	#'''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.		#'''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.
	#'''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.		#'''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.		#'''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.		#'''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.

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

2019-01-10T20:07:31Z

moved {{REVIEWED}} to top of page

← Older revision		Revision as of 20:07, 10 January 2019
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	{{Tenant Survival Guide TOC}}		{{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:''' 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.

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

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

Andrew Sakamoto: /* Serving documents */

2018-12-20T18:42:13Z

Serving documents

← Older revision		Revision as of 18:42, 20 December 2018
Line 29:		Line 29:

	[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:		[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.		#'''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.		#'''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.		#'''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.		#'''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.		#'''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”].		'''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.		'''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 ==		==Special service rules for certain documents ==

Andrew Sakamoto: /* Emails, texts, and social media */

2018-12-20T18:25:38Z

Emails, texts, and social media

← Older revision		Revision as of 18:25, 20 December 2018
Line 50:		Line 50:
	===Emails, texts, and social media===		===Emails, texts, and social media===

	The ''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.		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.		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.

Andrew Sakamoto at 18:25, 20 December 2018

2018-12-20T18:25:11Z

← Older revision		Revision as of 18:25, 20 December 2018
Line 2:		Line 2:
	'''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:''' 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 Residential Tenancy Act does not accept those forms of digital communication for such notice.		'''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==		==Giving notice to move out==

Andrew Sakamoto: /* Legislation and links */

2018-12-20T18:15:44Z

Legislation and links

@@ Line 161: / Line 161: @@
 '''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.
-*''[[Residential Tenancy Act]]''
+{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
 {{Tenant Survival Guide Navbox}}

Andrew Sakamoto at 18:47, 11 December 2018

2018-12-11T18:47:32Z

Show changes