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.

@@ Line 1: / Line 1: @@
+{{REVIEWED LSLAP | date= August 15, 2024}}
 {{LSLAP Manual TOC|expanded = landlord}}
-CHAPTER 4 TENANCY AGREEMENTS
-=A. Protecting the Tenant=
-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.
-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.
-Fees for cable and internet should be negotiated before the tenancy commences, and included in the Tenancy Agreement.
-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.
-=B. General=
-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).
-==1. Two Methods of Creating a Tenancy Relationship==
-===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:
-i) there is no written tenancy agreement;
-ii) a previously existing agreement has expired or terminated; or
-iii) there was no previous agreement of any kind.
-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.
-==2. Where Something Other than a Tenancy is Created==
-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.
-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.
-==3. Formal Requirements==
-===a) Essential Elements of the Agreement===
-A landlord must prepare in writing every tenancy agreement entered into on or after January 1, 2004 (RTA, s 13(1)). A tenancy agreement must comply with any requirements prescribed in the regulations and must set out all the requirements in RTA s 13(2).
-Where these elements are absent, vague, or unclear, the agreement may be void (as a result, no interest would be created). However, if the tenant is in possession and has paid money (i.e. rent) then there is a tenancy agreement. If a tenancy has been created (i.e. the tenant has possession and is paying rent), any vague terms of the tenancy agreement can be framed in the tenant’s favour using the principle of contra proferentem (i.e. the agreement will be strictly construed against the party seeking to rely on the contract), and perhaps even principles of statutory interpretation. The law seeks to recognize and validate the relationship where possible, even where the requirement to have a written tenancy agreement has not been met.
-==4. Agreements for Lease (Also Knows as Agreements for Tenancy)==
-Landlords may occasionally attempt to have potential tenants enter into “agreements to lease”, whereby they agree, by paying some amount now, to enter into a lease at a later date. In accordance with the provisions of the RTA, particularly section 15, application, holding, consideration, administration or other fees are not permitted. If a tenant gives a landlord a sum of money, after negotiating in relation to a rental unit, the most likely legal outcome is that the parties have created a tenancy, and the amount paid is either a security deposit and/or rent.
-=C. Contractual Nature of the Tenancy Agreement=
+== A. Condition Inspections ==
-==1. Freedom of Contract and the Agreement==
-Throughout the establishment and duration of the agreement, the parties are generally free to add and alter the terms, covenants and conditions as they see fit – subject to restrictions imposed by common law and statute (e.g. prohibition of contracts for an illegal purpose, unconscionable terms, or contracts in restraint of trade). The RTA and MHPTA both restrict parties from contracting out of requirements of those Acts and from adopting terms that are contrary to the Acts. The changes in the tenancy agreement must be in writing, and be signed and dated by both parties. Some requirements, such as locks on doors, are automatically included in every tenancy agreement even if the tenancy agreement does not specifically mention them. A unilaterally altered or newly included term may be unenforceable where there is no consideration for it.
-===a) Collateral Contract===
-The parties may enter into additional or subsequent oral or written contracts, separate from the tenancy agreement, that involve a change in the way the terms of the tenancy agreement are carried out (e.g. agreement by the tenant to do repairs in return for paying a reduced amount of rent). The terms of the tenancy agreement still exist; they must be performed as stipulated when the collateral contract is fully performed or is otherwise terminated (e.g. one party dies or goes away). If an Arbitrator determines the terms are reasonable and not unconscionable, as defined within s 3 of the RTR, any purchaser of the reversion will be bound by the former owner’s collateral contract. A remedy for the new landlord would be found in an action against the seller. Generally speaking, oral collateral contracts are hard to prove. If something is important, it should be recorded in writing.
-==2. Terms, Covenants, and Conditions==
+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.
-===a) Covenants and Conditions===
-A covenant in a tenancy agreement consists of a promise by a person that a certain thing must or must not be done (the RTA eliminates the word “covenant” and uses the more modern word “term”). A “Material Term”, as used in the RTA, is a term going to the root of the relationship and the tenancy agreement. Landlords and tenants may agree to any term they wish, as long as it is not unconscionable or contrary to the RTA. Terms contrary to the RTA may not be identified in some cases until dispute resolution, and a tenant is free to argue that a term violates the RTA and should therefore be void. The Arbitrator will take this into consideration when determining reasonableness. For more information, see RTB Policy Guidelines 8: Unconscionable and Material Terms.
-===b) Express, Implied, and Statutory Terms===
+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).
-Valid express terms or conditions override any implied terms or “usual terms” that might otherwise apply at common law. For residential tenancies, the RTA deems some express terms to be unenforceable (see Section III.C.d: Reasonable Terms below). The RTA also establishes statutory terms, deemed to be terms in every agreement, that override any express or implied term to the contrary. For tenancies not governed by the RTA, a court will find implied obligations and insert the usual terms, if the parties have failed to expressly agree to certain matters.
-===c) Express Terms and Obligation===
+=== 1. Timing of Condition Inspections ===
-Parties may write their own tenancy agreement with their own terms, or may use a standard form tenancy agreement to which they can add their own extra terms. Parties may also adopt a lease in conformity with the Land Transfer Form Act, RSBC 1996, c 252, p 2.
-The RTA requires that all tenancy agreements include standard terms outlining key statutory rights and responsibilities of the tenant and landlord (see RTA s 12, and the Schedule to the Regulation). The standard terms cover repairs, payment of rent, rent increases, security deposits, assignment or sub-let, occupants and invited guests, entry of the residential premises by the landlord, locks, ending the tenancy, and the application of the RTA. To assist landlords and tenants, the Ministry created a standard Residential Tenancy Agreement, available online (http://bit.ly/1eiaQNL). This Agreement incorporates suggestions put forward by landlord and tenant stakeholders, and includes the prescribed terms found in the Schedule of the Regulation.
+==== a) Moving In ====
-For residential tenancies, the following express terms are void and unenforceable:
+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)).
-*a term purporting to hold that the RTA does not apply to the agreement (s 5(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)).
-*that the rent remaining for the term of the agreement becomes due and payable if a tenant fails to comply with a term of the tenancy agreement (s 22) (i.e. “accelerated rent terms” are not permitted); or
+==== b) Keeping a Pet ====
-*that the landlord can seize the tenant’s personal property for rent owing (s 26(3)(a)).
+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)).
-	Some included requirements of the RTA state that the tenant:
+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)).
-*must maintain reasonable health, cleanliness, and sanitary standards throughout the rental unit and other areas of the property to which the tenant has access;
+==== c) Moving Out ====
-*shall not assign or sublet without the landlord’s written consent, where the agreement is for a period of six months or more; and
+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)).
-*shall not pay more than one-half of one month’s rent for each of the security deposit and/or pet damage deposit.
+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)).
-Similarly, terms in a short form lease that are inconsistent with the RTA are unenforceable. The parties may however enter into a separate collateral agreement, under which a clause requiring the tenant to perform repairs is binding on the tenant, so long as there is separate consideration.
+=== 2. Two Opportunities to Participate ===
-===d) Reasonable Terms===
+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)).
-Changes in the RTA allow more ability to agree to any term landlords and tenants wish, than the repealed Act did.
+=== 3. Obligations of the Parties ===
-				However, a term of tenancy is unenforceable if (RTA, s 6):
+==== a) Landlord ====
-#the term is inconsistent with this RTA or the regulations;
+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 term is unconscionable; or
-#the term is not expressed in a manner that clearly communicates the rights and obligations under it.
-See Policy Guideline 8: Unconscionable and Material Terms.
+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''.
-:'''NOTE:''' The RTR defines “unconscionable” for the purposes of s 6(3)(b) of the RTA as follows: a term of a tenancy agreement is “unconscionable if the term is oppressive or grossly unfair to one party”.
+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)).
-===e) Pets===
+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:
-In B.C., there is no law that allows tenants to have a pet. RTA, s 18 allows a tenancy agreement to include terms that prohibit pets, or restrict the size, kind or number of pets a tenant may keep on the residential property. In order to keep a pet one needs to have a term in one’s tenancy agreement that allows pets. If a tenancy agreement doesn’t allow pets and a tenant gets one anyway, the landlord can tell the tenant to remove it. If the tenant refuses, the landlord may be able to give an effective eviction notice. RTA, s 18 is subject to the rights and restrictions under the Guide Animal Act RSBC 1996, c 177, s 4, which states that landlords must not deny tenancy or impose discriminatory terms on a person with a disability who intends to keep a guide animal in the rental unit.'
+*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)).
-====(1) New Pet: Where Permitted====
+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)).
-The landlord and tenant together must inspect the condition of the rental unit on or before the day the tenant starts keeping a pet or on another mutually agreed day where the landlord permits the tenant to keep a pet after the start of a tenancy (RTA, s 23(2)). Failure of the tenant or landlord to participate in the inspection may extinguish the right of the failing party to the rights relating to the pet deposit (s 24(1)). The landlord can request a pet damage deposit not greater than ½ of a month’s rent, regardless of the number of pets.
-===f) Prescribing Terms===
+=== b) Tenant ===
-Terms and conditions that must or must not be included in every written tenancy agreement, or an application for an agreement, may be prescribed by an order-in-council and may prescribe different terms for different classes of tenancy agreements.  As discussed above, the RTR sets out in its schedule those terms that must be included in every tenancy agreement.
-===g) Implied Obligations and Usual Terms===
+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)).
-====(1) Landlord’s Obligations====
-A landlord must ensure that:
+== B. Other Obligations on Moving In ==
-*the tenant is given vacant possession on the starting date of the tenancy;
+=== 1. Re-Keying Locks for New Tenants ===
-*the tenant has quiet enjoyment;
-*the rental units are reasonably fit for occupation; and
-*the rental units are maintained in a state of decoration and repair that complies with housing health and safety standards required by law.
-====(2) Tenant’s Obligations====
+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).
-A tenant must ensure that:
+=== 2. Providing a Copy of the Tenancy Agreement ===
-*he or she pays the rent or other fees on time and conducts him or herself in a manner consistent with protecting the landlord’s rights and interests;
+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)).
-*he or she delivers up the rental unit in a reasonably clean condition and in a reasonable state of repair, reasonable wear and tear excepted; and
-*he or she gives one full month’s notice in writing when terminating the agreement. (see Section IX.B.1: Form and Basic Requirements).
-====(3) Court-Implied Terms====
+== C. Other Obligations on Moving Out ==
-The usual terms that a court may insert in a tenancy agreement, where express provision is lacking and statutory terms do not apply, include a tenant’s undertaking:
+=== 1. Tenant Obligations ===
-*to pay rent;
+The following are some of the tenant’s other obligations upon or before moving out:
-*to pay taxes and utilities not payable by the landlord assigned to them in the tenancy agreement; and
+*giving proper notice (''RTA'', s 44(1)(a));
-*to keep and deliver up the rental unit in good repair.
+*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).
-===h) Statutory Terms in the RTA: Duties and Prohibitions===
+=== 2. Landlord Obligations ===
-For residential tenancies subject to the RTA, the common law implied obligations apply, unless their subject matter is superseded by one of the RTA’s 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.
-===i) Rent Increases for Additional Occupants===
+== D. Breaking a Fixed Term Tenancy ==
-A rental increase for a new occupant can only be imposed if the contract specifically allows for it. Disputes most often arise upon the birth of a baby, so renters should consider whether they might have children before signing a contract with a new occupant increase clause.
+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.
-{{LSLAP Manual Navbox|type=chapters15-22}}
+{{LSLAP Manual Navbox|type=chapters15-23}}