Difference between revisions of "Preparing to Rent"

From Clicklaw Wikibooks
Jump to navigation Jump to search
 
(51 intermediate revisions by 6 users not shown)
Line 1: Line 1:
{{DEMOWARNING}}
{{Tenant Survival Guide TOC}}
{{Tenant Survival Guide TOC}}
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' educate yourself about renting in BC. Read this ''Tenant Survival Guide'' and complete TRAC’s online course, ''[https://rentingitright.ca Renting It Right]''.


'''DO NOT:''' forget that by signing a tenancy agreement you are entering into a legal contract. Protect yourself by learning about your rights and responsibilities under the ''Residential Tenancy Act''.


Do <span class="noglossary">trust</span> your instincts—if your first meeting with a potential landlord is not good, it’s likely you’ll have problems with that person and should not rent from them. Don’t sign an agreement or pay a deposit unless you are absolutely sure you want to move in to the place.
[[File:Tenant looking for rental.jpg | right | frame | link= ]]
 


==The law in BC==
==The law in BC==


Tenants in BC are protected by the ''[[Residential Tenancy Act]]''. The Act is the law that spells out the rights and responsibilities of tenants and landlords. Don’t assume that the laws in other provinces are the same as in British Columbia.  
If you pay rent for your home, you are most likely protected by the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' the law that outlines tenants’ and landlords’ rights and responsibilities. The ''RTA'' is a provincial law that applies only to British Columbia (BC). If you have rented in other provinces or countries, do not assume that the same rules apply. After reading this ''Tenant Survival Guide'', you may be surprised at how BC’s tenancy laws differ from tenancy laws around the world.


The [[Residential Tenancy Branch]] is the government office that helps with problems between landlords and tenants. Residential Tenancy Branch staff will give information about the law to tenants and landlords in BC. They can help you by explaining the law to you, and in some cases, by calling your landlord on your behalf. Residential Tenancy Branch offices also hold dispute resolution hearings for landlords and tenants when they cannot resolve disputes on their own.
One of the most important things to understand about the ''RTA'' is that it cannot be avoided. All tenants are guaranteed certain legal rights by law, regardless of what their tenancy
agreement says. According to section 5 of the ''RTA'', any term of an agreement that “contracts out” of the ''RTA'' is considered unenforceable. If your landlord tries to unfairly reduce your
rights in this way, contact the Tenant Resource & Advisory Centre (TRAC) or the Residential Tenancy Branch (RTB) for more information.


A dispute resolution hearing is like a landlord-tenant "court". You and your landlord explain your problem to a dispute resolution officer, who is hired by the BC government. The dispute resolution officer decides what to do about the problem, based on your evidence and what the law says. The dispute resolution officer’s decision is legally binding. For more information on dispute resolution hearings, see the section [[Dispute Resolution for Tenants|Dispute Resolution]].
The RTB is the department of the provincial government in charge of residential tenancy law. The most important service they provide is dispute resolution, which is essentially BC’s
tenant-landlord “court”. With over 1.5 million tenants living in BC, there is never a shortage of residential tenancy law disputes. When tenants and landlords cannot resolve disputes
on their own, they can apply for dispute resolution to have an “arbitrator” make a legally-binding decision on their behalf. The RTB also offers tenants and landlords the following services and resources:


[[File:Tenant looking for rental.png | right | frame | link= ]]
* legal information in person, over the phone, and by email;
* [http://www.gov.bc.ca/landlordtenant website] and social media;
* online tools, such as [https://www2.gov.bc.ca/gov/content?id=F49014A2C3B14F0391D3BE209E32B427 Calculators];
* [https://www2.gov.bc.ca/gov/content?id=49B9F45B33D040A3BCD1498D604B48AB online application] process for dispute resolution;
* approved residential tenancy [https://www2.gov.bc.ca/gov/content?id=8CF94F8057DF4E379952D016750480CA forms];
* [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] for Dispute Resolution; and
* [https://www2.gov.bc.ca/gov/content?id=C9E865601539459690DEF276FFEF09CA Policy Guidelines] on key topics.


==Are you covered by the law?==
==Are you covered by the law?==


Not all renters are protected by the ''Residential Tenancy Act''. If your name is on a tenancy agreement as a tenant and you pay rent to a landlord who does not live with you, then you are likely considered a tenant and protected by the ''Residential Tenancy Act''. If you do not have rights under the Act, you may have rights under contract law. For example, you may be able to take your landlord or roommates to a hearing in Small Claims Court to get money back from them. You can only apply for dispute resolution through the Residential Tenancy Branch if you are covered by the ''Residential Tenancy Act''.
When renting a home in BC, you want to be covered by the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]''. If the ''RTA'' does not apply to your living situation, you will still have certain rights under common law, but they will be less clear and harder to enforce. The Tenant Resource & Advisory Centre (TRAC) and Residential Tenancy Branch (RTB) can only provide legal
 
assistance to tenants and landlords protected by the ''RTA''.  
'''Roommates''': If you share a place with the owner you are not covered by the ''Residential Tenancy Act''.
 
'''Rooming houses''': If you live in a rooming house and do not share bathroom or kitchen facilities with the owner you are protected by the ''Residential Tenancy Act''.


'''Hotels''': Hotel tenants are protected by the ''Residential Tenancy Act'' if the hotel is the tenant's primary residence.
===Housing ''not'' covered by the ''RTA''===


'''Manufactured homes (mobile homes)''': If you rent both a manufactured home and the pad it sits on, you have the same legal rights as other tenants. But if you own a manufactured home and rent only the pad, the ''[[Manufactured Home Park Tenancy Act]]'' has special rules for you. This guide does not cover those rules. Phone the Residential Tenancy Branch for more information (see the [[Other Resources for Tenants|Other Resources]] section or look at the legislation on their website at [http://www.rto.gov.bc.ca www.rto.gov.bc.ca].)
[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section4 Section 4] of the ''RTA'' lists the types of living situations not covered by the ''RTA'':


'''Non-profit housing''': If you live in non-profit or subsidized housing, you are protected by the ''Residential Tenancy Act''. This includes tenants living in single room occupancy hotels (SRO) operated by a non-profit society, municipality, or regional district. However, if your rent is based on your income different rules regarding rent increases and evictions may apply.
* accommodation where the tenant shares a bathroom or kitchen with the owner of the property;
* accommodation provided to a student or employee by their school;
* accommodation included with property occupied primarily for business purposes and rented under a single agreement;
* vacation or travel accommodation;
* emergency shelters and transitional housing;
* correctional institutions;
* rental agreements with terms of 20 years or longer;
* accommodation rented by a housing cooperative, or “co-op”, to a member of the cooperative;
* accommodation in a housing-based health facility that provides hospitality support services and personal health care;
* accommodation made available in the course of providing rehabilitative or therapeutic treatment or services;
* housing that falls under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/02075_01 Community Care and Assisted Living Act]'', ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96070_01 Continuing Care Act]'', or ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96200_01 Hospital Act]''; and
* accommodation, if designated under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96288_01 Mental Health Act]'', in a Provincial mental health facility, an observation unit, or a psychiatric unit.


===The ''Residential Tenancy Act'' does not apply to:===
If the ''RTA'' does not cover your living situation, you will not be able to apply for dispute resolution through the RTB. Instead, you may need to use [http://www.smallclaimsbc.ca/ Small Claims Court], the [https://civilresolutionbc.ca/ Civil Resolution Tribunal], or [https://www.courts.gov.bc.ca/supreme_court/ BC Supreme Court].


*Living accomodation where the tenant shares kitchen or bathroom facilities with the ''owner'' of the accomodation.
'''Occupants / Roommates:''' There is another living situation that may not be covered by the ''RTA'', but is also not mentioned in section 4. If you rent from a tenant with whom you live, you may not be protected. This type of setup is common in shared houses where a “head-tenant” rents out a room to a roommate. Unless the landlord agrees to add the new roommate as a “tenant”, that person will most likely be considered an “occupant/roommate” and not be covered under the ''RTA''. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl19.pdf Policy Guideline 19] for more information.
*people living in accommodations owned or operated by educational institutions if the institution provides the accommodation to its students or employees;
*if you live in a housing co-op and are a member of the co-op;
*commercial tenancies;
*vacation or travel accommodation;
*people in jail;
*living accommodation rented under an agreement with a term of 20 years or more;
*people living in care facilities that fall under the ''[http://canlii.ca/en/bc/laws/stat/sbc-2002-c-75/latest/sbc-2002-c-75.html Community Care and Assisted Living Act]'', the ''[http://canlii.ca/en/bc/laws/stat/rsbc-1996-c-70/latest/rsbc-1996-c-70.html?searchUrlHash=AAAAAQATY29udGludWluZyBjYXJlIGFjdAAAAAAB Continuing Care Act]'', the ''[http://canlii.ca/en/bc/laws/stat/rsbc-1996-c-200/latest/rsbc-1996-c-200.html?searchUrlHash=AAAAAQAMaG9zcGl0YWwgYWN0AAAAAAE Hospital Act]'', or the ''[http://canlii.ca/en/bc/laws/stat/rsbc-1996-c-288/latest/rsbc-1996-c-288.html?searchUrlHash=AAAAAQARbWVudGFsIGhlYWx0aCBhY3QAAAAAAQ Mental Health Act]''.


There are other situations when the Act does not apply.
If you currently rent a room from a tenant with whom you live, consider speaking to their landlord about being added to your roommate’s tenancy as a “co-tenant”, or signing a separate agreement. If that is not possible, you and the tenant to whom you pay rent can consider signing a contract that outlines the rules you both agree to follow. This will offer some legal protection, even though your situation is not covered by the ''RTA''.
''See Section 4 of the [[Residential Tenancy Act|RTA]].''


==What a landlord can ask==
'''Manufactured (Mobile) Homes:''' Manufactured Home Park Tenancies, also known as mobile home tenancies, ''may or may not be covered by the RTA''. If you own a mobile home and rent the land it sits on, your tenancy falls under the ''[http://www.bclaws.ca/Recon/document/ID/freeside/00_02077_01 Manufactured Home Park Tenancy Act] (MHPTA)''. However, if you rent a mobile home within a manufactured home park, your tenancy falls under the ''RTA''. As long as you are covered by either the ''RTA'' or ''MHPTA'', you can access the RTB’s resources, including dispute resolution.


According to "Privacy Guidelines For Landlords and Tenants" released by the Office of the Information & Privacy Commissioner
===Housing covered by the ''RTA''===
for British Columbia:
*landlords should not require that tenants provide their Social Insurance Number on either tenancy application forms or rental agreements;
*a landlord should not demand a tenant’s banking information;
*a landlord cannot request a tenant’s credit card information as a condition of renting a property;
*requiring a criminal records check is not reasonably necessary; and
*a landlord may ask to examine a person’s driver’s licence in order to verify the person’s identity. However, the landlord must not write down or photocopy this personal information.


If a landlord refuses to rent to you because you didn’t provide this personal information, you have the right to report the landlord to the Office of the Information & Privacy Commissioner for British Columbia. To read the full privacy guidelines, see the following link [http://www.tenants.bc.ca/main/?privacy www.tenants.bc.ca/main/?privacy].
The good news is that most rental housing in BC is protected by the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]''. Tenants most commonly live in apartment buildings or rented houses, including secondary suites, but the ''RTA'' can apply to other types of housing too. Rented co-op units, hotel tenancies, illegal secondary suites, rental units on “lands reserved for Indians”, strata buildings (condos or townhomes), subsidized housing, and verbal tenancies can all be covered by the ''RTA'', to varying degrees. These types of tenancies may involve additional laws and governing bodies and can present complex scenarios for tenants and landlords.


===Discrimination===
'''Cooperative Housing:''' The ''RTA'' does not apply to accommodation rented by a housing cooperative, or “co-op”, to a member of the cooperative. However, if you rent from a member of a co-op, and are not a member yourself, you will most likely be protected by the ''RTA''.


A landlord cannot discriminate against you or refuse to rent to you because of your race, colour, ancestry, place of origin, religion, sex, sexual orientation, source of income, or age (over 19 years old). The landlord also cannot discriminate against you if you are married or not married, if you have children, or if you have a disability.  
'''Hotels and Single Room Occupancies (SROs):''' Hotels are covered by the ''RTA'', if a tenancy has been established and the property is the tenant’s primary and permanent home. You have probably heard of a specific type of hotel known as a Single Room Occupancy Hotel, or “SRO”. These are commonly found in Vancouver’s Downtown Eastside and provide short-term or long-term housing to low income tenants. Like standard hotels, SROs are covered under the ''RTA'', if there is a tenancy agreement in place and the property is the tenant’s primary and permanent home. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl27.pdf Policy Guideline 27] for more information.


''There are two exceptions:''
'''Illegal Secondary Suites:''' A secondary suite could be a basement suite, laneway house, or other unit that is on the same property as a residential house. If a secondary suite does not comply with zoning and bylaw requirements, or has not been registered with the City, it may be considered an “illegal suite”.


'''Shared accommodation''': The law does not always apply when cooking, sleeping or bathroom facilities are shared. For example, if a woman wants to rent a room in her house only to another woman, she may be allowed to discriminate in this way.
The most important thing to remember about illegal suites is that they are covered by the ''RTA''. That being said, it is not ideal to be living in one, as your housing could be at risk if your City finds out about the suite. This can sometimes happen if a dispute with a neighbour turns into a complaint to the City, or if you go to the City seeking help with repair or maintenance concerns.


'''Adults only''': A landlord cannot refuse to rent to you because you have children, unless the building is reserved for people over 55 years old. It’s illegal for a landlord to advertise “adult only” or to write “adult only” in a tenancy agreement, unless the building is for tenants over 55 years old.
When a City discovers an illegal suite, they may decide to shut it down. If this is the case, you will be given a One Month Eviction Notice for Cause under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47(1)(k)] of the ''RTA'' and your landlord will most likely not be responsible for paying any of your moving expenses.


==Application fees==
'''Rentals on “Lands Reserved for Indians”:''' If you are renting a home on “lands reserved for Indians” (Reserve Lands) as defined by section 91(24) of the ''Constitution Act'', the ''RTA'' may partially apply. Any disputes over use and possession of Reserve Lands, such as eviction, fall under the authority of the Federal Government – not the provincial RTB. However, the ''RTA'' may apply to a situation involving a monetary claim, such as the return of a security deposit, but only if the landlord is not an Indian or Indian Band, as defined by the ''Indian Act''. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl27.pdf Policy Guideline 27] for more information.
A potential landlord cannot ask you to pay a fee to simply apply to rent a place. If you pay an application fee and the landlord will not give it back to you, you can apply for dispute resolution to have it returned. At a dispute resolution hearing you can remind the dispute resolution officer that the application fee was collected from you illegally and should be returned. Of course you need to know the
landlord’s proper legal name and address and have proof that you paid the fee. Many potential tenants pay these fees in cash and do not know to whom they are paying the fees. Therefore, it is best to not pay an application fee and not rent from someone who asks for it. Take it as an indication of problems to come. (See also page 17 for application deposits.) ''See Section 15 of the [[Residential Tenancy Act|RTA]].''
 
==Information for visiting students==
If you are visiting from another country and renting in British Columbia, it is important to know your rights and obligations under the ''Residential Tenancy Act.'' If you are not planning on staying for a year, then you should not sign a lease or agreement that says you will stay for a year. Some landlords rent to visiting students knowing that they won’t stay for a year, but make them sign a one year lease anyway. The landlord then uses the broken agreement as an excuse to keep the student’s security deposit. Another common problem for visiting students is landlords who don’t return security deposits. Some landlords take advantage of the fact that the student will be returning to another country and unable to file for dispute resolution for a return of their security deposit.
 
===If you are renting during your extended stay in British Columbia:===
*Do not sign a lease that states how long you must stay unless you intend to stay for that period of time.
*Make sure you have a written tenancy agreement with the owner or manager of the property.
*Do not take over a rental from another student who is renting and leaving the country without having your own agreement in writing with the landlord.
*Do not sign any documents that you don’t fully understand.
*Do the move-in and move-out inspection reports with your landlord.
*Designate someone who lives in BC to act as your agent in dispute resolution in case you need to return to your home country before the landlord has returned your security deposit. Contact the Residential Tenancy Branch to do this.
 
{{Tipsbox
| width = 90%
| tips = '''Protect yourself from the start'''
Remember that you are entering into a contract—a business deal with a landlord. It is important to make sure everything about the deal is clear from the beginning so that there is little chance of an argument or dispute later.
}}


== Legislation and links ==
'''Strata Buildings (Condos or Townhomes):''' In strata buildings, owners own individual units but share ownership of the common space. When you rent a strata property from an owner, you are covered by both the ''RTA'' and ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act] (SPA)''. All strata buildings have a set of bylaws and rules that owners and tenants must follow. When entering into a tenancy, your landlord should have you sign a [http://www.bclaws.ca/Recon/document/ID/freeside/12_43_2000#FormKNoticeofTenant'sResponsibilities "Form K"], which indicates that you have been notified of the current bylaws and rules. Even though you are not an owner, you may still be subject to fines or fees. For example, you might have to pay fees when moving in and moving out according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section7 section 7(f)] of the ''Residential Tenancy Regulation'', or you may have to pay fines levied by the strata corporation if you disturb neighbours or damage property according to [http://www.bclaws.ca/civix/document/id/complete/statreg/98043_07#section131 section 131] of the ''SPA''.


===Legislation===
A strata corporation can also try to evict a tenant under [http://www.bclaws.ca/civix/document/id/complete/statreg/98043_07#section138 section 138] of the SPA by serving a One Month Notice for Cause under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''RTA''. However, even though this section exists in the ''SPA'', the RTB has been known to deny jurisdiction in such cases at dispute resolution, claiming that a strata corporation does not fit the definition of “landlord” in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section1 section 1] of the ''RTA''. This is a grey area of the law where the ''SPA'' and ''RTA'' somewhat contradict each other. If you receive an eviction notice from a strata corporation, the safest action is to not ignore it. Instead, apply for dispute resolution and allow an arbitrator to rule on the matter.


*''[[Residential Tenancy Act]]''
'''Subsidized Housing:''' The term “subsidized housing” generally applies to any housing where the government provides monetary assistance to lower the rent. Unless you are a member of a housing cooperative, or “co-op”, subsidized housing is covered by the ''RTA''. Here are the most common types of subsidized housing:
*''[[Manufactured Home Park Tenancy Act]]''
* Public housing: a government department, BC Housing, manages rental units for low-income families, seniors, and people with disabilities.
*[http://canlii.ca/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html?searchUrlHash=AAAAAQARaHVtYW4gcmlnaHRzIGNvZGUAAAAAAQ ''BC Human Rights Code'']
* Non-profit housing: non-profit organizations receive government money to manage subsidized rental units for tenants throughout the province.
* Rental supplements:
** [https://www.bchousing.org/housing-assistance/rental-assistance-financial-aid-for-home-modifications/shelter-aid-for-elderly-renters Shelter Aid for Elderly Renters] (SAFER) – cash assistance for eligible BC residents who are age 60 or over and pay rent for their homes.
** [https://www.bchousing.org/housing-assistance/rental-assistance-financial-aid-for-home-modifications/rental-assistance-program Rental Assistance Program] (RAP) – cash assistance for eligible low-income working families to help with monthly rent payments in the private market.


=== Links ===
'''Verbal Tenancies:''' Although [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section13 section 13] of the ''RTA'' requires landlords to prepare tenancy agreements in writing, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section1 section 1] of the ''RTA'' also says that a tenancy agreement can be “oral, express or implied”. This means that you do not have to sign a written agreement to establish a tenancy. Despite the fact that verbal tenancies are covered by the ''RTA'', it is still always best to have a written agreement with your landlord.


*[[Residential Tenancy Branch]]
==Landlords, owners, and agents==
*[http://www.oipc.bc.ca/tools-guidance/guidance-documents.aspx Office of the Information and Privacy Commisioner- Privacy Guidelines for Landlords and Tenants]


It is important to understand the difference between the terms “owner”, “landlord”, and “agent”. All tenancies under the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act] (RTA)'' have an owner who is automatically considered a landlord. In addition, some tenancies will include agents acting as secondary landlords on behalf of the owner. For example, if you rent a unit in a large apartment building, there is a good chance the owner will hire a property management company to manage the building. In this situation, the owner and the property management company, acting as the owner’s agent, are considered your landlords. This means that if you have any problems during your tenancy, you can list both of them on an application for dispute resolution. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section1 section 1] of the ''RTA'' for more information.




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


{{Tenant Survival Guide Navbox}}
{{Tenant Survival Guide Navbox}}
Line 111: Line 99:
}}
}}
__NOGLOSSARY__
__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Latest revision as of 23:13, 17 September 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Tenant Resource & Advisory Centre, 2018.

DO: educate yourself about renting in BC. Read this Tenant Survival Guide and complete TRAC’s online course, Renting It Right.

DO NOT: forget that by signing a tenancy agreement you are entering into a legal contract. Protect yourself by learning about your rights and responsibilities under the Residential Tenancy Act.

Tenant looking for rental.jpg

The law in BC

If you pay rent for your home, you are most likely protected by the Residential Tenancy Act (RTA) – the law that outlines tenants’ and landlords’ rights and responsibilities. The RTA is a provincial law that applies only to British Columbia (BC). If you have rented in other provinces or countries, do not assume that the same rules apply. After reading this Tenant Survival Guide, you may be surprised at how BC’s tenancy laws differ from tenancy laws around the world.

One of the most important things to understand about the RTA is that it cannot be avoided. All tenants are guaranteed certain legal rights by law, regardless of what their tenancy agreement says. According to section 5 of the RTA, any term of an agreement that “contracts out” of the RTA is considered unenforceable. If your landlord tries to unfairly reduce your rights in this way, contact the Tenant Resource & Advisory Centre (TRAC) or the Residential Tenancy Branch (RTB) for more information.

The RTB is the department of the provincial government in charge of residential tenancy law. The most important service they provide is dispute resolution, which is essentially BC’s tenant-landlord “court”. With over 1.5 million tenants living in BC, there is never a shortage of residential tenancy law disputes. When tenants and landlords cannot resolve disputes on their own, they can apply for dispute resolution to have an “arbitrator” make a legally-binding decision on their behalf. The RTB also offers tenants and landlords the following services and resources:

Are you covered by the law?

When renting a home in BC, you want to be covered by the Residential Tenancy Act (RTA). If the RTA does not apply to your living situation, you will still have certain rights under common law, but they will be less clear and harder to enforce. The Tenant Resource & Advisory Centre (TRAC) and Residential Tenancy Branch (RTB) can only provide legal assistance to tenants and landlords protected by the RTA.

Housing not covered by the RTA

Section 4 of the RTA lists the types of living situations not covered by the RTA:

  • accommodation where the tenant shares a bathroom or kitchen with the owner of the property;
  • accommodation provided to a student or employee by their school;
  • accommodation included with property occupied primarily for business purposes and rented under a single agreement;
  • vacation or travel accommodation;
  • emergency shelters and transitional housing;
  • correctional institutions;
  • rental agreements with terms of 20 years or longer;
  • accommodation rented by a housing cooperative, or “co-op”, to a member of the cooperative;
  • accommodation in a housing-based health facility that provides hospitality support services and personal health care;
  • accommodation made available in the course of providing rehabilitative or therapeutic treatment or services;
  • housing that falls under the Community Care and Assisted Living Act, Continuing Care Act, or Hospital Act; and
  • accommodation, if designated under the Mental Health Act, in a Provincial mental health facility, an observation unit, or a psychiatric unit.

If the RTA does not cover your living situation, you will not be able to apply for dispute resolution through the RTB. Instead, you may need to use Small Claims Court, the Civil Resolution Tribunal, or BC Supreme Court.

Occupants / Roommates: There is another living situation that may not be covered by the RTA, but is also not mentioned in section 4. If you rent from a tenant with whom you live, you may not be protected. This type of setup is common in shared houses where a “head-tenant” rents out a room to a roommate. Unless the landlord agrees to add the new roommate as a “tenant”, that person will most likely be considered an “occupant/roommate” and not be covered under the RTA. See RTB Policy Guideline 19 for more information.

If you currently rent a room from a tenant with whom you live, consider speaking to their landlord about being added to your roommate’s tenancy as a “co-tenant”, or signing a separate agreement. If that is not possible, you and the tenant to whom you pay rent can consider signing a contract that outlines the rules you both agree to follow. This will offer some legal protection, even though your situation is not covered by the RTA.

Manufactured (Mobile) Homes: Manufactured Home Park Tenancies, also known as mobile home tenancies, may or may not be covered by the RTA. If you own a mobile home and rent the land it sits on, your tenancy falls under the Manufactured Home Park Tenancy Act (MHPTA). However, if you rent a mobile home within a manufactured home park, your tenancy falls under the RTA. As long as you are covered by either the RTA or MHPTA, you can access the RTB’s resources, including dispute resolution.

Housing covered by the RTA

The good news is that most rental housing in BC is protected by the Residential Tenancy Act (RTA). Tenants most commonly live in apartment buildings or rented houses, including secondary suites, but the RTA can apply to other types of housing too. Rented co-op units, hotel tenancies, illegal secondary suites, rental units on “lands reserved for Indians”, strata buildings (condos or townhomes), subsidized housing, and verbal tenancies can all be covered by the RTA, to varying degrees. These types of tenancies may involve additional laws and governing bodies and can present complex scenarios for tenants and landlords.

Cooperative Housing: The RTA does not apply to accommodation rented by a housing cooperative, or “co-op”, to a member of the cooperative. However, if you rent from a member of a co-op, and are not a member yourself, you will most likely be protected by the RTA.

Hotels and Single Room Occupancies (SROs): Hotels are covered by the RTA, if a tenancy has been established and the property is the tenant’s primary and permanent home. You have probably heard of a specific type of hotel known as a Single Room Occupancy Hotel, or “SRO”. These are commonly found in Vancouver’s Downtown Eastside and provide short-term or long-term housing to low income tenants. Like standard hotels, SROs are covered under the RTA, if there is a tenancy agreement in place and the property is the tenant’s primary and permanent home. See RTB Policy Guideline 27 for more information.

Illegal Secondary Suites: A secondary suite could be a basement suite, laneway house, or other unit that is on the same property as a residential house. If a secondary suite does not comply with zoning and bylaw requirements, or has not been registered with the City, it may be considered an “illegal suite”.

The most important thing to remember about illegal suites is that they are covered by the RTA. That being said, it is not ideal to be living in one, as your housing could be at risk if your City finds out about the suite. This can sometimes happen if a dispute with a neighbour turns into a complaint to the City, or if you go to the City seeking help with repair or maintenance concerns.

When a City discovers an illegal suite, they may decide to shut it down. If this is the case, you will be given a One Month Eviction Notice for Cause under section 47(1)(k) of the RTA and your landlord will most likely not be responsible for paying any of your moving expenses.

Rentals on “Lands Reserved for Indians”: If you are renting a home on “lands reserved for Indians” (Reserve Lands) as defined by section 91(24) of the Constitution Act, the RTA may partially apply. Any disputes over use and possession of Reserve Lands, such as eviction, fall under the authority of the Federal Government – not the provincial RTB. However, the RTA may apply to a situation involving a monetary claim, such as the return of a security deposit, but only if the landlord is not an Indian or Indian Band, as defined by the Indian Act. See RTB Policy Guideline 27 for more information.

Strata Buildings (Condos or Townhomes): In strata buildings, owners own individual units but share ownership of the common space. When you rent a strata property from an owner, you are covered by both the RTA and Strata Property Act (SPA). All strata buildings have a set of bylaws and rules that owners and tenants must follow. When entering into a tenancy, your landlord should have you sign a "Form K", which indicates that you have been notified of the current bylaws and rules. Even though you are not an owner, you may still be subject to fines or fees. For example, you might have to pay fees when moving in and moving out according to section 7(f) of the Residential Tenancy Regulation, or you may have to pay fines levied by the strata corporation if you disturb neighbours or damage property according to section 131 of the SPA.

A strata corporation can also try to evict a tenant under section 138 of the SPA by serving a One Month Notice for Cause under section 47 of the RTA. However, even though this section exists in the SPA, the RTB has been known to deny jurisdiction in such cases at dispute resolution, claiming that a strata corporation does not fit the definition of “landlord” in section 1 of the RTA. This is a grey area of the law where the SPA and RTA somewhat contradict each other. If you receive an eviction notice from a strata corporation, the safest action is to not ignore it. Instead, apply for dispute resolution and allow an arbitrator to rule on the matter.

Subsidized Housing: The term “subsidized housing” generally applies to any housing where the government provides monetary assistance to lower the rent. Unless you are a member of a housing cooperative, or “co-op”, subsidized housing is covered by the RTA. Here are the most common types of subsidized housing:

  • Public housing: a government department, BC Housing, manages rental units for low-income families, seniors, and people with disabilities.
  • Non-profit housing: non-profit organizations receive government money to manage subsidized rental units for tenants throughout the province.
  • Rental supplements:
    • Shelter Aid for Elderly Renters (SAFER) – cash assistance for eligible BC residents who are age 60 or over and pay rent for their homes.
    • Rental Assistance Program (RAP) – cash assistance for eligible low-income working families to help with monthly rent payments in the private market.

Verbal Tenancies: Although section 13 of the RTA requires landlords to prepare tenancy agreements in writing, section 1 of the RTA also says that a tenancy agreement can be “oral, express or implied”. This means that you do not have to sign a written agreement to establish a tenancy. Despite the fact that verbal tenancies are covered by the RTA, it is still always best to have a written agreement with your landlord.

Landlords, owners, and agents

It is important to understand the difference between the terms “owner”, “landlord”, and “agent”. All tenancies under the Residential Tenancy Act (RTA) have an owner who is automatically considered a landlord. In addition, some tenancies will include agents acting as secondary landlords on behalf of the owner. For example, if you rent a unit in a large apartment building, there is a good chance the owner will hire a property management company to manage the building. In this situation, the owner and the property management company, acting as the owner’s agent, are considered your landlords. This means that if you have any problems during your tenancy, you can list both of them on an application for dispute resolution. See section 1 of the RTA for more information.


Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada LicenceTenant Survival Guide © TRAC Tenant Resource & Advisory Centre is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.