Moving In: Difference between revisions

From Clicklaw Wikibooks
Jump to navigation Jump to search
No edit summary
(moved {{REVIEWED}} to top of page)
 
(8 intermediate revisions by 3 users not shown)
Line 1: Line 1:
{{Tenant Survival Guide TOC}}
{{Tenant Survival Guide TOC}}
''Do'' participate in a move-in and a move-out inspection, or else risk losing your deposit. ''Don't'' pay a deposit for a place you are not sure you want, or you may lose your deposit.
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' complete a move-in condition inspection. If you turn down your landlord’s offer to participate in one, you could lose your right to reclaim your security deposit and/or pet damage deposit.


== Security deposit and pet damage deposit ==
'''DO NOT:''' forget to secure your new home. You have the right to ask your landlord to re-key your locks at no charge.


A landlord can ask you for a security deposit (also called a damage deposit) to cover the costs of damage to the unit or property, or unpaid rent or utilities. The landlord can also ask for a pet damage deposit and deposits for extras like keys or garage door openers. Your landlord can only ask for a security deposit when you first agree to rent the place. You must pay the full security deposit within 30 days after you move in or you can be evicted. ''See sections 20 and 47 of the [[Residential Tenancy Act|RTA]].''
==Move-in condition inspection report==


[[File:security deposit.png | left | frame | link= ]]
[[File:security deposit.png | left | frame | link= ]]
===Amount of security deposit===


The most a landlord can ask you to pay for a security deposit is a half month's rent. The landlord cannot ask for an extra deposit if the rent goes up. If the landlord collects more than one half month's rent as a security deposit, the law allows the tenant to deduct the overpayment from rent, or otherwise recover the overpayment. Make sure you let the landlord know why you are deducting the overpayment.
At the start of your tenancy, you and your landlord should walk through your rental unit and complete a move-in condition inspection report. This is a chance to fill out a checklist and document the condition of your new home. Completing this report when you move in, and then again when you move out, can help determine how much damage, if any, has been caused during your tenancy.  


===Pet damage deposit===
===Approved forms===


A landlord can ask for an additional half month's rent as a pet damage deposit. The landlord can ask you for this when you move in with your pet or when you get a pet. You only have to pay one pet damage deposit. The landlord cannot ask you to pay extra deposits if you have more than one pet. If the landlord collects more than one half month's rent as a pet damage deposit, the law allows the tenant to deduct the overpayment from rent, or otherwise recover the overpayment.
There is a good chance your landlord will use the standard Residential Tenancy Branch (RTB) Condition Inspection Report. However, if they choose to use their own custom form, it should still contain all the standard information required by law – just like the RTB form.


===Protect yourself===
===Scheduling an inspection===


If you pay a deposit and then change your mind about moving in, you might not be able to get your money back. The landlord might try to make you pay the month's rent if another tenant cannot be found to rent the place. Don't sign anything and don't give money to the landlord until all your questions are answered. Make sure you really want the place before you pay any money and make sure you know the landlord's name and address. Whenever you give the landlord cash, get a receipt. It is better to pay with a cheque or money order.
According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section17 section 17] of the ''Residential Tenancy Regulation'', your landlord must offer you at least two opportunities – between 8am and 9pm – to complete the move-in condition inspection. If you do not accept their first offer, your landlord is required to serve you with the RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb22.pdf “Notice of Final Opportunity to Schedule a Condition Inspection”]. If you are still unavailable for the second opportunity, you can ask someone else to participate on your behalf. Even if you are available to participate in the inspection, you may still want to consider bringing a friend or family member. Ideally, the move-in condition inspection report should be completed on the day your tenancy begins when the rental unit is still empty of your belongings. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section23 section 23] of the ''Residential Tenancy Act (RTA)'' for more information.


===If you get a new landlord===
'''Pets:''' If you get a pet after the start of your tenancy, you and your landlord are required to complete another condition inspection report.


If your building is sold and you get a new landlord you don't have to pay a new deposit. You only have to pay a deposit when you move into a place, sign a new agreement, or get a pet. It is the new landlord's responsibility to get the deposits from your former landlord. The new landlord is responsible for paying back your deposit when you move out.
===Participating in the inspection===


===Applying deposit towards rent===
It can be a good idea to take photos and videos during the inspection, especially if you disagree with your landlord about the condition of the rental unit. Once you have completed the condition inspection, make sure to sign and date the report. If you disagree with your landlord about any part of the inspection, there should be space on the form to list your concerns. If you do not sign the report because you disagree with it, it may be difficult to prove that you participated in the inspection. Your landlord must give you a copy of the completed report within seven days of completing the inspection. Keep your copy in a safe place and take photos for added protection.


You cannot use your security deposit towards your rent unless your landlord agrees to it in writing. For example, you cannot pay only half of your last month's rent and tell the landlord to cover the rest with your security deposit. If you do this the landlord can evict you for non-payment of rent, which means you would have to be out in ten days, yet you would still owe rent for the entire month. If you owe rent when you move out and there is no damage to the place or other payments that you owe the landlord, the landlord can put your security deposit towards what you still owe in rent. ''See section 21 of the [[Residential Tenancy Act|RTA]].''
===Consequences for not following the law===


== Extra deposits and non-refundable fees ==
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.


The law allows landlords to charge a deposit for access devices like keys and automatic garage door openers or for equipment that is for the tenant's use only. You cannot be charged a deposit for a key or access card if it is your only means of entry to your building.
==Rental unit must be suitable for occupation==


===Non-refundable fees===
According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section32 section 32] of the ''Residential Tenancy Act'', your landlord must ensure that your new rental unit is reasonably suitable for occupation, given the age, character, and location of the unit. If there is something wrong with your new home, you are not allowed to change your mind and not move in. Instead of backing out of your agreement, you will have to either request that your landlord fix the problem, or apply for dispute resolution to seek a repair order.


In addition to your rent and refundable deposits, the ''[[Residential Tenancy Act]]'' allows landlords to charge extra fees for certain services. The law allows a landlord to charge the following fees:
==Locks and keys==
*direct cost of replacing keys or other access devices,
*direct cost of any additional keys that you request,
*service fees charged by banks for NSF cheques,
*move-in and move-out fees charged by a strata corporation to the landlord, and
*fee for services or facilities requested by you that aren't covered in your tenancy agreement; for example, a parking fee, if it wasn't in your original agreement.


As well, the landlord can charge the following fees as long as your tenancy agreement states that you may be charged these fees:
You have the right to feel safe and secure in your new home. To ensure that previous tenants no longer have access to your rental unit, ask your landlord to provide you with a new set of keys. Your landlord cannot charge you a fee for re-keying the locks at the start of your tenancy. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section25 section 25] of the ''Residential Tenancy Act'' for more information.
*fee of not more than $25 for a NSF cheque or late payment of rent, and
*fee that is not more than $15 or three percent of the monthly rent as a fee for moving between units in a building if you requested the move.


== Getting your deposit back ==
==Tenant insurance==


The law requires you to do move-in and move-out condition inspection reports with your landlord in order to get your security deposit back. The penalty for a landlord or tenant not participating in the condition inspections is losing the right to the security deposit. See the section on [[Condition Inspection Reports]].
Tenant insurance is yet another cost to consider in BC’s expensive rental housing market. If you are already struggling to pay your rent and bills, you may decide to pass on this additional expense. Tenant insurance may not be for everyone, but keep in mind that you could be putting yourself at risk by not having it. In addition, some landlords require tenants to have tenant insurance, so it is important to understand what you have agreed to as part of your tenancy agreement. At the very least, consider doing some research on tenant insurance; it is probably more affordable than you think, and it could end up saving you in a time of crisis.


When you move out, you must give your landlord a forwarding address in writing where your security deposit can be sent. This is required by law. After your landlord receives your forwarding address and you have moved out, the landlord has 15 days to return your security deposit to you. The forwarding address does not have to be where you live, but somewhere you can receive mail.
Most tenant insurance policies cover the following:
* '''Personal possessions:''' Tenant insurance can cover your lost clothes, furniture, appliances, electronics, etc. For example, if there is a major flood in your rental unit, you might be able to use your tenant insurance to replace your personal possessions.
* '''Liability:''' Imagine you forget to turn off the stove and start a serious fire. If you cause damage to other tenants’ rental units, you might be able to use your tenant insurance to pay for those expensive repairs or damaged possessions.
* '''Displacement:''' Natural disasters can force tenants to leave their homes temporarily. For example, if you are displaced due to a wildfire, tenant insurance might pay for your hotel and living expenses until you are able to return.


If the landlord wants to keep some or all of your deposit, you must either agree to it in writing, or the landlord must apply for a [[Dispute Resolution for Tenants|dispute resolution]] hearing within 15 days from the day when you moved from your place and gave your forwarding address in writing. If the landlord does not do this, you could make a claim for double the amount of your security deposit. You have two years from when your tenancy ended to make a claim for your deposit at the Residential Tenancy Branch. However, in order to do this, you must provide your landlord with your forwarding address in writing within one year after the end of your tenancy.
Tenant insurance policies can vary from company-to-company, and person-to-person. Some policies will replace stolen belongings with brand new items rather than items based on their current value, while others may not cover burglary at all if you live with multiple unrelated roommates. In addition, the cost of tenant insurance can vary depending on your credit, and whether you have had insurance in the past. You will have to do some research to find the company and policy that best fits your situation.


===Interest===
Your landlord is required to pay you interest on your security deposit. However, the amount of interest required to be paid is established yearly by the government. Some years you will not receive any interest on your deposit if the prime lending rate of the principal banker to the province is less than 4.5 percent on the first day of the calendar year. You can go to the Residential Tenancy Branch website and use the rate calculator to find out how much you are owed.


==Legislation and links==


===Legislation===
*''[[Residential Tenancy Act]]''
*''[[Manufactured Home Park Tenancy Act]]''
===Links===
*[[Residential Tenancy Branch]]
*RTB Policy Guideline 29 - [http://www.rto.gov.bc.ca/documents/GL29.pdf Security Deposits]
*RTB Policy Guideline 31 - [http://www.rto.gov.bc.ca/documents/GL31.pdf Pet Damage Deposits]
===Resources and forms===
*TRAC Template Demand Letters - [http://www.tenants.bc.ca/main/?Templatedemandletters Request for Return of Security/Pet Deposit]
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2012}}


{{Tenant Survival Guide Navbox}}
{{Tenant Survival Guide Navbox}}
Line 82: Line 59:


__NOGLOSSARY__
__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Latest revision as of 20:04, 10 January 2019

Tenant Survival Guide
This page is from the
Tenant Survival Guide.
See the full contents.
Contents
Introduction
Preparing to Rent
Finding Rental Housing
Entering a Tenancy
Moving In
Rent
Living in Peace
Repairs and Services
Evictions
Moving Out
Dispute Resolution
Other Resources for Tenants
From
This wikibook is from
Tenant Resource & Advisory Centre
Tenant Resource & Advisory Centre
Tenant Resource & Advisory Centre
v • d • e
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Tenant Resource & Advisory Centre, 2018.

DO: complete a move-in condition inspection. If you turn down your landlord’s offer to participate in one, you could lose your right to reclaim your security deposit and/or pet damage deposit.

DO NOT: forget to secure your new home. You have the right to ask your landlord to re-key your locks at no charge.

Move-in condition inspection report

At the start of your tenancy, you and your landlord should walk through your rental unit and complete a move-in condition inspection report. This is a chance to fill out a checklist and document the condition of your new home. Completing this report when you move in, and then again when you move out, can help determine how much damage, if any, has been caused during your tenancy.

Approved forms

There is a good chance your landlord will use the standard Residential Tenancy Branch (RTB) Condition Inspection Report. However, if they choose to use their own custom form, it should still contain all the standard information required by law – just like the RTB form.

Scheduling an inspection

According to section 17 of the Residential Tenancy Regulation, your landlord must offer you at least two opportunities – between 8am and 9pm – to complete the move-in condition inspection. If you do not accept their first offer, your landlord is required to serve you with the RTB form, “Notice of Final Opportunity to Schedule a Condition Inspection”. If you are still unavailable for the second opportunity, you can ask someone else to participate on your behalf. Even if you are available to participate in the inspection, you may still want to consider bringing a friend or family member. Ideally, the move-in condition inspection report should be completed on the day your tenancy begins when the rental unit is still empty of your belongings. See section 23 of the Residential Tenancy Act (RTA) for more information.

Pets: If you get a pet after the start of your tenancy, you and your landlord are required to complete another condition inspection report.

Participating in the inspection

It can be a good idea to take photos and videos during the inspection, especially if you disagree with your landlord about the condition of the rental unit. Once you have completed the condition inspection, make sure to sign and date the report. If you disagree with your landlord about any part of the inspection, there should be space on the form to list your concerns. If you do not sign the report because you disagree with it, it may be difficult to prove that you participated in the inspection. Your landlord must give you a copy of the completed report within seven days of completing the inspection. Keep your copy in a safe place and take photos for added protection.

Consequences for not following the law

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 sections 24 and 36 of the RTA for more information.

Rental unit must be suitable for occupation

According to section 32 of the Residential Tenancy Act, your landlord must ensure that your new rental unit is reasonably suitable for occupation, given the age, character, and location of the unit. If there is something wrong with your new home, you are not allowed to change your mind and not move in. Instead of backing out of your agreement, you will have to either request that your landlord fix the problem, or apply for dispute resolution to seek a repair order.

Locks and keys

You have the right to feel safe and secure in your new home. To ensure that previous tenants no longer have access to your rental unit, ask your landlord to provide you with a new set of keys. Your landlord cannot charge you a fee for re-keying the locks at the start of your tenancy. See section 25 of the Residential Tenancy Act for more information.

Tenant insurance

Tenant insurance is yet another cost to consider in BC’s expensive rental housing market. If you are already struggling to pay your rent and bills, you may decide to pass on this additional expense. Tenant insurance may not be for everyone, but keep in mind that you could be putting yourself at risk by not having it. In addition, some landlords require tenants to have tenant insurance, so it is important to understand what you have agreed to as part of your tenancy agreement. At the very least, consider doing some research on tenant insurance; it is probably more affordable than you think, and it could end up saving you in a time of crisis.

Most tenant insurance policies cover the following:

  • Personal possessions: Tenant insurance can cover your lost clothes, furniture, appliances, electronics, etc. For example, if there is a major flood in your rental unit, you might be able to use your tenant insurance to replace your personal possessions.
  • Liability: Imagine you forget to turn off the stove and start a serious fire. If you cause damage to other tenants’ rental units, you might be able to use your tenant insurance to pay for those expensive repairs or damaged possessions.
  • Displacement: Natural disasters can force tenants to leave their homes temporarily. For example, if you are displaced due to a wildfire, tenant insurance might pay for your hotel and living expenses until you are able to return.

Tenant insurance policies can vary from company-to-company, and person-to-person. Some policies will replace stolen belongings with brand new items rather than items based on their current value, while others may not cover burglary at all if you live with multiple unrelated roommates. In addition, the cost of tenant insurance can vary depending on your credit, and whether you have had insurance in the past. You will have to do some research to find the company and policy that best fits your situation.



v • d • e
Introduction
Preparing to Rent
Finding Rental Housing
Entering a Tenancy
Moving In
Rent
Living in Peace When Renting
Repairs and Services
Evictions
Moving Out
Dispute Resolution
Other Resources for Tenants
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.
Retrieved from "https://wiki.clicklaw.bc.ca/index.php?title=Moving_In&oldid=40948"