Difference between revisions of "Moving In and Moving Out in Residential Tenancies (19:V)"

Latest revision as of 07:59, 30 August 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 15, 2024.

A. Condition Inspections

With exceptions for tenancy agreements entered into before 2004, the landlord and tenant together must inspect the condition of the rental unit when the tenant gains possession of the rental unit, when the tenant starts keeping a pet if permission thereto was granted after the start of the tenancy, or when the tenant ceases to occupy the rental unit.

During dispute resolution proceedings, a condition inspection report that complies with this section is evidence of the state of repair and condition on the date of the inspection, unless a party has evidence to the contrary (RTR, s 21).

1. Timing of Condition Inspections

a) Moving In

A condition inspection must occur on the day the tenant is entitled to possession of the rental unit or on another mutually agreed day (RTA, s 23(1)). However, tenancies that started before January 1, 2004 are not subject to the requirements for a move-in condition inspection (RTA, s 100(1)).

The landlord must give the tenant a copy of the signed and completed condition inspection report within seven days after the inspection is completed (RTR, s 18(1)(a)).

b) Keeping a Pet

Where permission to keep a pet on the residential property was granted after the start of the tenancy, a condition inspection must occur on or before the day the tenant starts to keep a pet or on another mutually agreed day (RTA, s 23(2)). Tenancies that started before January 1, 2004 are subject to the requirements for this condition inspection, but only in respect of any pet damage deposit that the landlord requires from the tenant (RTA, s 100(2)).

The landlord must give the tenant a copy of the signed and completed condition inspection report within seven days after the inspection is completed (RTR, s 18(1)(a)).

c) Moving Out

A condition inspection must occur on or after the tenant ceases to occupy the rental unit or on another mutually agreed day; in any case, this must occur before a new tenant begins to occupy the rental unit (RTA, s 35(1)).

The landlord must give the tenant a copy of the signed and completed condition inspection report within fifteen days after both of the following are true:

the condition inspection is completed (RTR, s 18(1)(b)(i)); and
the landlord has received the tenant’s forwarding address in writing (RTR, s 18(1)(b)(ii)).

2. Two Opportunities to Participate

The landlord must give the tenant two opportunities to participate in a condition inspection. Keeping in consideration any reasonable availability limits that are known, the parties must meet these requirements for there to be two opportunities to participate for the purposes of the RTA:

first, the landlord must offer one or more dates and times for the condition inspection (RTR, s 17(1));
second, if the tenant is not available during a time offered by the landlord, the tenant may propose an alternative time which the landlord must consider (RTR, s 17(2)(a)); and
third, the landlord must propose a different opportunity from their initial offer and give the tenant notice of this opportunity using the approved form (RTR, s 17(2)(b)).

3. Obligations of the Parties

a) Landlord

The landlord must conduct and complete a condition inspection report that complies with section 20 of the RTR (RTA, ss 23(4) and 35(3)). Landlords can use their own condition inspection report forms so long as they contain all the information required in section 20 of the RTR.

The landlord must sign the report and allow the tenant to sign it (RTA, ss 23(5) and 35(4)), and then give the tenant a copy of the signed report as soon as possible within the time limit set out in section 17 of the RTR.

The landlord must make the inspection and complete and sign the report without the tenant if the tenant still does not participate after being offered two opportunities (RTA, ss 23(6) and 35(5)(a)), or in the case of a move-out inspection, if the tenant has abandoned the rental unit (RTA, s 35(5)(b)).

Except if the tenant has abandoned the rental unit in the case of a move-out inspection, the landlord loses the right to claim against a security deposit, pet damage deposit, or both, for damage to the residential property if the landlord fails to do any of the following:

offer the tenant at least two opportunities for the inspection (RTA, ss 24(2)(a) and 36(2)(a));
participate in the inspection (RTA, ss 24(2)(b) and 36(2)(b)); or
complete the condition inspection report and give the tenant a copy of it within the appropriate deadline for the type of inspection (RTA, ss 24(2)(c) and 36(2)(c)).

In the case of a condition inspection for a tenant who has started keeping a pet after being granted permission after the tenancy started, the landlord only loses the right to claim against the pet damage deposit (RTA, s 100(2)).

b) Tenant

If the landlord has provided two opportunities to participate in the condition inspection and the tenant does not participate in either one, the tenant loses the right to the return of a security deposit or a pet damage deposit, or both (RTA, ss 24(1) and 36(1)). In the case of a condition inspection for a tenant who has started keeping a pet after being granted permission after the tenancy started, the tenant only loses the right for the return of the pet damage deposit (RTA, s 100(2)).

B. Other Obligations on Moving In

1. Re-Keying Locks for New Tenants

At the request of a tenant at the start of a new tenancy, the landlord must re-key the locks or other means of access given to the previous tenant, and pay all costs associated with the changes. If the landlord at the end of the previous tenancy had already altered the locking system, the landlord need not do so again (RTA, s 25).

2. Providing a Copy of the Tenancy Agreement

Within 21 days after a landlord and tenant enter into a tenancy agreement, the landlord must give the tenant a copy of the agreement (RTA, s 13(3)).

C. Other Obligations on Moving Out

1. Tenant Obligations

The following are some of the tenant’s other obligations upon or before moving out:

giving proper notice (RTA, s 44(1)(a));
leaving the unit reasonably clean (RTA, s 37(2)(a));
repairing damage caused above reasonable wear and tear (RTA, s 37(2)(a) and (4)), including damage caused by guests or pets above normal wear and tear levels (RTA, s 32(3));
returning all the keys and other means of access (RTA, s 37(2)(b)); and
removing all possessions from the rental unit and the residential property (RTR, s 24).

2. Landlord Obligations

The following are some of the landlord’s other obligations upon, before, or after the tenant moves out:

giving proper notice (RTA, s 44(1)(a)); and
one of the following within fifteen days after the later of the tenancy ending and the landlord receiving the tenant’s forwarding address in writing (RTA, s 38(1)):
- returning the security deposit and pet damage deposit with interest, or
- making an application for dispute resolution to retain them.

D. Breaking a Fixed Term Tenancy

If a tenant moves out before their fixed term ends without finding another tenant approved by the landlord to take over the fixed term tenancy, the tenant may be responsible for the landlord’s advertising and administrative costs incurred in finding a new tenant, as well as lost rent until the unit is rented or the fixed term expires. For more information, see RTB PG 5.

The tenant may also have to pay liquidated damages and be subject to other obligations as laid out in their tenancy agreement.

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+{{REVIEWED LSLAP | date= August 15, 2024}}
 {{LSLAP Manual TOC|expanded = landlord}}
-CHAPTER 4 TENANCY AGREEMENTS
-=A. Protecting the Tenant=
+== A. Condition Inspections ==
-A third party should accompany a potential tenant during a rental unit showing, so there is a witness as to the landlord’s representations made during the showing. Important: Get the landlord’s promises in writing if possible, but note that landlords are not obligated to provide them in writing.
+With exceptions for tenancy agreements entered into before 2004, the landlord and tenant together must inspect the condition of the rental unit when the tenant gains possession of the rental unit, when the tenant starts keeping a pet if permission thereto was granted after the start of the tenancy, or when the tenant ceases to occupy the rental unit.
+During dispute resolution proceedings, a condition inspection report that complies with this section is evidence of the state of repair and condition on the date of the inspection, unless a party has evidence to the contrary (''RTR'', s 21).
+=== 1. Timing of Condition Inspections ===
+==== a) Moving In ====
+A condition inspection must occur on the day the tenant is entitled to possession of the rental unit or on another mutually agreed day (''RTA'', s 23(1)). However, tenancies that started before January 1, 2004 are not subject to the requirements for a move-in condition inspection (''RTA'', s 100(1)).
+The landlord must give the tenant a copy of the signed and completed condition inspection report within seven days after the inspection is completed (''RTR'', s 18(1)(a)).
+==== b) Keeping a Pet ====
+Where permission to keep a pet on the residential property was granted after the start of the tenancy, a condition inspection must occur on or before the day the tenant starts to keep a pet or on another mutually agreed day (''RTA'', s 23(2)). Tenancies that started before January 1, 2004 are subject to the requirements for this condition inspection, but only in respect of any pet damage deposit that the landlord requires from the tenant (''RTA'', s 100(2)).
+The landlord must give the tenant a copy of the signed and completed condition inspection report within seven days after the inspection is completed (''RTR'', s 18(1)(a)).
+==== c) Moving Out ====
+A condition inspection must occur on or after the tenant ceases to occupy the rental unit or on another mutually agreed day; in any case, this must occur before a new tenant begins to occupy the rental unit (''RTA'', s 35(1)).
+The landlord must give the tenant a copy of the signed and completed condition inspection report within fifteen days after both of the following are true:
+*the condition inspection is completed (''RTR'', s 18(1)(b)(i)); and
+*the landlord has received the tenant’s forwarding address in writing (''RTR'', s 18(1)(b)(ii)).
+=== 2. Two Opportunities to Participate ===
+The landlord must give the tenant two opportunities to participate in a condition inspection. Keeping in consideration any reasonable availability limits that are known, the parties must meet these requirements for there to be two opportunities to participate for the purposes of the ''RTA'':
+#first, the landlord must offer one or more dates and times for the condition inspection (''RTR'', s 17(1));
+#second, if the tenant is not available during a time offered by the landlord, the tenant may propose an alternative time which the landlord must consider (''RTR'', s 17(2)(a)); and
+#third, the landlord must propose a different opportunity from their initial offer and give the tenant notice of this opportunity using the approved form (''RTR'', s 17(2)(b)).
+=== 3. Obligations of the Parties ===
+==== a) Landlord ====
+The landlord must conduct and complete a condition inspection report that complies with section 20 of the ''RTR'' (''RTA'', ss 23(4) and 35(3)). Landlords can use their own condition inspection report forms so long as they contain all the information required in section 20 of the ''RTR''.
+The landlord must sign the report and allow the tenant to sign it (''RTA'', ss 23(5) and 35(4)), and then give the tenant a copy of the signed report as soon as possible within the time limit set out in section 17 of the ''RTR''.
+The landlord must make the inspection and complete and sign the report without the tenant if the tenant still does not participate after being offered two opportunities (''RTA'', ss 23(6) and 35(5)(a)), or in the case of a move-out inspection, if the tenant has abandoned the rental unit (''RTA'', s 35(5)(b)).
+Except if the tenant has abandoned the rental unit in the case of a move-out inspection, the landlord loses the right to claim against a security deposit, pet damage deposit, or both, for damage to the residential property if the landlord fails to do any of the following:
+*offer the tenant at least two opportunities for the inspection (''RTA'', ss 24(2)(a) and 36(2)(a));
+*participate in the inspection (''RTA'', ss 24(2)(b) and 36(2)(b)); or
+*complete the condition inspection report and give the tenant a copy of it within the appropriate deadline for the type of inspection (''RTA'', ss 24(2)(c) and 36(2)(c)).
+In the case of a condition inspection for a tenant who has started keeping a pet after being granted permission after the tenancy started, the landlord only loses the right to claim against the pet damage deposit (''RTA'', s 100(2)).
+=== b) Tenant ===
+If the landlord has provided two opportunities to participate in the condition inspection and the tenant does not participate in either one, the tenant loses the right to the return of a security deposit or a pet damage deposit, or both (''RTA'', ss 24(1) and 36(1)). In the case of a condition inspection for a tenant who has started keeping a pet after being granted permission after the tenancy started, the tenant only loses the right for the return of the pet damage deposit (''RTA'', s 100(2)).
-After establishing the tenancy and before the tenant moves their personal possessions into the rental unit, the RTA requires the landlord and tenant to jointly conduct a condition inspection and fill out and sign the RTB’s Condition Inspection Report. This report notes the condition of various elements of the rental unit. The tenant may want to take photographs at the initial move-in inspection, as well as the move-out inspection. The landlord must provide the tenant with a copy of the Condition Inspection Report within 15 days.
+== B. Other Obligations on Moving In ==
-Fees for cable and internet should be negotiated before the tenancy commences, and included in the Tenancy Agreement.
+=== 1. Re-Keying Locks for New Tenants ===
-The Residential Tenancy Branch provides a fillable and printable Tenancy Agreement at www.rto.gov.bc.ca/documents/RTB-1.pdf. TRAC’s website has more information as well as translations of the Tenancy Agreement forms into Punjabi, and Simplified and Traditional Chinese at www.tenants.bc.ca/other-languages.
+At the request of a tenant at the start of a new tenancy, the landlord must re-key the locks or other means of access given to the previous tenant, and pay all costs associated with the changes. If the landlord at the end of the previous tenancy had already altered the locking system, the landlord need not do so again (''RTA'', s 25).
-=B. General=
+=== 2. Providing a Copy of the Tenancy Agreement ===
-The “leasehold” or tenancy interest is an estate (a bundle of property rights) of limited duration, which is created and acquired by the “tenant” when a person capable of granting that interest does so. Such a person (usually called the owner or landlord) conveys to the tenant the right of “exclusive possession”. The interest that the landlord retains is called the “reversion”, and full possession reverts back to the landlord on the termination of the tenancy.
-The landlord can sell his or her reversion to someone else, who becomes the new landlord and property owner. The tenancy follows the property, not the initial owner, so a tenancy agreement is still binding on a new owner, who is responsible for repaying the initial security and/or pet damage deposit when the tenancy ends (RTA, s 93).
+Within 21 days after a landlord and tenant enter into a tenancy agreement, the landlord must give the tenant a copy of the agreement (''RTA'', s 13(3)).
-==1. Two Methods of Creating a Tenancy Relationship==
+== C. Other Obligations on Moving Out ==
-===a) By Formal Contract===
-A tenancy interest is granted by a contract known as a tenancy agreement or lease. Often the parties will enter into an express agreement (see Section III.C: Contractual Nature of the Tenancy Agreement). The executed tenancy agreement governing the tenant’s possession may be written, or oral, or both (see the s 1 definition of “tenancy agreement”). To be enforceable, the elements of a complete contract (offer, acceptance, and consideration) must be present (see Chapter 9: Consumer Protection).
-===b) By Implied Contract===
-Every tenancy agreement entered into on or after January 1, 2004 must be prepared in writing by the landlord (RTA, s 12(1)).
-Notwithstanding this obligation to prepare the agreement in writing, where a tenant is already in possession of the unit, or where rent has been paid, the law may imply the existence of a valid tenancy agreement (see Section III.C.2: Terms, Covenants, and Conditions). This type of rental agreement is quite common because many tenancies are entered into on the basis of an application form, or verbal consensus, without the existence of any written contract. A “tenancy agreement” may be found to exist, notwithstanding the fact that:
+=== 1. Tenant Obligations ===
-i) there is no written tenancy agreement;
+The following are some of the tenant’s other obligations upon or before moving out:
+*giving proper notice (''RTA'', s 44(1)(a));
+*leaving the unit reasonably clean (''RTA'', s 37(2)(a));
+*repairing damage caused above reasonable wear and tear (''RTA'', s 37(2)(a) and (4)), including damage caused by guests or pets above normal wear and tear levels (''RTA'', s 32(3));
+*returning all the keys and other means of access (''RTA'', s 37(2)(b)); and
+*removing all possessions from the rental unit and the residential property (''RTR'', s 24).
-ii) a previously existing agreement has expired or terminated; or
+=== 2. Landlord Obligations ===
-iii) there was no previous agreement of any kind.
+The following are some of the landlord’s other obligations upon, before, or after the tenant moves out:
+*giving proper notice (''RTA'', s 44(1)(a)); and
+*one of the following within fifteen days after the later of the tenancy ending and the landlord receiving the tenant’s forwarding address in writing (''RTA'', s 38(1)):
+**returning the security deposit and pet damage deposit with interest, or
+**making an application for dispute resolution to retain them.
-If the person in possession pays rent or a deposit and the landlord accepts the payment with the intention of creating a tenancy, an agreement is created.
+== D. Breaking a Fixed Term Tenancy ==
-==2. Where Something Other than a Tenancy is Created==
+If a tenant moves out before their fixed term ends without finding another tenant approved by the landlord to take over the fixed term tenancy, the tenant may be responsible for the landlord’s advertising and administrative costs incurred in finding a new tenant, as well as lost rent until the unit is rented or the fixed term expires. For more information, see RTB PG 5.
-An agreement or circumstances may create something other than a tenancy. A person may be a tenant at will, a tenant on sufferance, a licensee, or a mere occupant.
+The tenant may also have to pay liquidated damages and be subject to other obligations as laid out in their tenancy agreement.
-An occupant or person in possession who is not a tenant has no agreement with the landlord concerning that possession or occupation. In the case of a licensee or occupant living in a home by permission of a main tenant (when the landlord/owner lives off-site), the main tenant is responsible for all obligations, including paying rent (and utilities if required). If the licensee or occupant is sharing a kitchen or bathroom with the landlord, the parties can seek remedies in Small Claims Court.
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