Repairs and Services When Renting: Difference between revisions

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{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' check if your municipality has a “Standards of Maintenance” or “Good Neighbour” Bylaw. If so, you might be able to have a Bylaw Officer investigate your repair and maintenance concerns.


'''DO:''' pay your full rent on time. Failing to do so could result in a 10 Day Eviction Notice for Non-Payment of Rent.
'''DO NOT:''' ignore any repair and maintenance issues you encounter. If the problem gets worse, you could be held responsible for at least some of the associated costs.
 
'''DO NOT:''' stop paying rent unless the ''Residential Tenancy Act'' allows you to do so. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch.
 
 
==Paying rent==
 
===When rent is due===


[[File:Services while renting.png | right | frame | link= ]]
[[File:Services while renting.png | right | frame | link= ]]


Your full rent must be paid on or before the date it is due – usually the 1st of the month. If you are late by one day, or short by a few dollars, your landlord can give you a 10 Day Eviction Notice for Non-Payment of Rent in accordance with [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)''. Once you have received this type of notice, you only have five days to pay the missing rent in order to cancel the eviction.
==Landlord repair and maintenance responsibilities==
 
Paying rent on time is one of your most important legal responsibilities, and you cannot rely on the five-day grace period for late rent each month. If you repeatedly pay your rent late – at least three times within an unreasonably short period – your landlord can give you a One Month Eviction Notice for Cause. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''RTA'' and [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.
 
===How rent is paid===
 
Tenants and landlords usually arrange for rent to be paid by cash, cheque, e-transfer, or direct deposit. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section26 section 26(2)] of the ''RTA'', landlords are legally required to provide receipts for rent paid in cash. If you suspect that your landlord will not provide you with a receipt, consider bringing a witness and your own rent receipt for them to sign.
 
===Legally withholding rent===
 
When disputes arise with your landlord, it may be tempting to retaliate by withholding rent. Unfortunately, this is illegal in most cases. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch (RTB).
 
There are only five sections in the ''Residential Tenancy Act (RTA)'' that allow you to legally withhold rent without your landlord’s consent:
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section19 section 19] of the ''RTA'' – you overpaid your security deposit or pet damage deposit;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''RTA'' – you paid for emergency repairs after carefully following the proper steps;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section43 section 43] of the ''RTA'' – you overpaid rent because of an illegal rent increase;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51 section 51] of the ''RTA'' – you received a Two Month or Four Month Eviction Notice for Landlord’s Use of Property, which entitles you to one month rent as compensation, and you are applying that compensation towards the last month of your tenancy; and
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section65 section 65] of the ''RTA'' – you have an order from the RTB.


===Problems paying rent===
According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section32 section 32(1)] of the ''Residential Tenancy Act (RTA)'', rental properties must comply with health, safety, and housing standards required by law. Landlords are generally responsible for the following repair and maintenance issues:
* heating;
* plumbing;
* electricity;
* locks;
* light fixtures in common areas;
* walls, floors, and ceilings;
* fire doors and fire escapes;
* smoke detectors;
* intercoms;
* elevators;
* painting at reasonable intervals;
* routine yard maintenance, such as cutting grass and clearing snow, in multi-unit residential complexes;
* infestations and pests, such as bed bugs;
* serious mold issues; and
* anything included in your tenancy agreement, such as the:
** fridge
** stove
** laundry facilities
** security system
** furniture
** garage
** storage facilities


If you know that you will be unable to pay your full rent on time, communicate with your landlord as soon as possible. Your landlord may allow you to pay your rent late especially if you have always paid rent on time in the past. Make sure to get your landlord’s permission in writing if they do agree to give you an extension. You can also try requesting a short-term loan from a friend, family member, or one of BC’s Rent Banks. If that is not possible, you may have to prioritize your rent over other expenses.  
When something needs to be fixed in your rental unit, let your landlord know in writing as soon as possible. If you delay and the problem gets worse, you could be held responsible for at least some of the associated costs even if the original problem was not your fault. For example, if you do not immediately report bed bugs and the infestation spreads, you may have to pay for at least some of the treatment.


'''Crisis supplement:''' If you receive income assistance and face an unexpected emergency, you might qualify for a crisis supplement through the provincial government.  
It is important to document the repair issue and your attempts to contact your landlord. If your landlord refuses to fix the problem, you will have to apply for dispute resolution through the Residential Tenancy Branch. Having evidence that shows the issue, and that you informed your landlord of the issue – such as letters, photos, videos, and witnesses – will increase your chances of obtaining an order requiring your landlord to make the repair. You can also apply for monetary compensation from your landlord for ignoring your request, as well as a rent reduction until the repair has been completed.


==Rent increases==
==Tenant repair and maintenance responsibilities==


===Notice of rent increase===
According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section32 section 32(2)] of the ''Residential Tenancy Act (RTA)'', you have a legal responsibility to maintain reasonable health, cleanliness, and sanitary standards in your rental unit. Tenants are generally responsible for the following repair and maintenance issues:
* reasonable maintenance of carpets during the tenancy;
* steam cleaning or shampooing the carpets at the end of tenancies lasting one year or longer;
* steam cleaning or shampooing the carpets at the end of tenancies of any length involving pets or smoking;
* cleaning marks on the walls;
* removal of garbage from the rental unit;
* replacing light bulbs;
* routine yard maintenance, such as cutting grass and clearing snow, if you have exclusive use of the yard;
* minor mold issues; and
* repairing excessive damage from nail holes.


At the start of your tenancy, rent is set at whatever amount you and your landlord agree to as part of your agreement. From that point on, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section22 section 22] of the ''Residential Tenancy Regulation (RTR)'', your landlord can only raise your rent once every 12 months by a percentage equal to inflation. The allowable rent increase percentage changes each year, so check the Residential Tenancy Branch [https://gov.bc.ca/landlordtenant website] or TRAC [http://tenants.bc.ca/ website] to find out how much landlords can raise rent this year.
See your tenancy agreement and Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf Policy Guideline 1] for more information.  


[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section42 Section 42] of the ''Residential Tenancy Act (RTA)'' says that landlords must provide an approved [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb7.pdf “Notice of Rent Increase” form] three full months before a rent increase takes effect. For example, if you receive proper notice on April 5th, the three full months that count towards the notice period are May, June, and July, which means the rent increase would take effect on August 1st (assuming you pay rent on the first of the month). If your landlord does not raise your rent during a 12-month period, or raises it by less than the allowable percentage, they are not allowed to top-up a future rent increase to make up the difference.
'''Improving your rental unit:''' If you want to make changes to your rental unit, such as painting the walls, ask your landlord for written consent. Making changes without permission could result in you owing your landlord some money, or having to restore the unit back to its original condition before moving out.


===Wrong notice period===
'''Wear and tear:''' Even the most well-behaved and respectful tenants can live in rental units that start falling apart due to old age. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section32 section 32(4)] of the RTA, you are not responsible for wear and tear that results from reasonable use of your rental unit. However, there is a difference between “reasonable wear and tear” and “damage”. Reasonable wear and tear refers to deterioration due to aging or other natural forces. If you, your guests, or your pets cause damage beyond wear and tear, such as a broken window, you are responsible for that damage. Contact your landlord and work out a solution for how the repair will be completed. In most cases, your landlord will ask for money to hire a qualified professional. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf Policy Guideline 1] for more information.


If your landlord uses the proper [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb7.pdf “Notice of Rent Increase” form] but gives you less than three full months’ notice, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section42 section 42(4)] of the ''RTA'' says that you can continue to pay your current rent until the correct amount of time has passed. For example, if you normally pay rent on the first of the month and your landlord gives you a Notice of Rent Increase on March 1st (or anytime later that month), you will not have to start paying the increase until July 1st. Although this may seem like four months, the ''RTA'' counts it as three. By serving the notice on March 1st, your landlord has excluded March from the three-month notice period. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not try to end your tenancy for unpaid rent.
==Emergency repairs==


===Overpaying a rent increase===
For a repair to be considered an “emergency” as defined by [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''Residential Tenancy Act (RTA)'', it must be all three of the following:
# urgent;
# necessary for the health or safety of people or property; and
# made for the purpose of repairing one of the following:
#* major leaks in pipes or the roof
#* damaged or blocked water or sewer pipes or plumbing fixtures
#* the primary heating system
#* damaged or defective locks that give access to a rental unit
#* the electrical systems


If you have overpaid on rent because your landlord gave you an illegal rent increase, you have two options:
Your landlord is required to give you an emergency contact number in writing, or post it in a common area of your building. If your situation meets the ''RTA'' definition of an “emergency”, try calling the emergency contact number at least twice, leaving a reasonable amount of time in between each attempt.
# deduct the overpayment from your next month’s rent; or
# apply for a monetary order through dispute resolution.  


If you choose the first option, make sure to clearly explain to your landlord that you have the right to withhold rent according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section43 section 43] of the ''RTA''.  
If you are unable to reach the emergency contact person, you have the right to cover the cost of the repair and ask your landlord to pay you back. If you choose this option, do your best to find a fair price by researching multiple companies. To reduce the chances of a future dispute with your landlord, make sure to keep copies of your research efforts, receipts, and related written communication.


==Exceptions to rent increase rules==
'''Dispute resolution:''' Taking on emergency repairs can be complicated and expensive. If you do not have the money or time to deal with the repairs yourself, or you are worried that you may not follow the proper steps, apply for dispute resolution to request an emergency repair order. The Residential Tenancy Branch considers emergency repairs a top priority when scheduling hearings.


===Additional occupants added===
==Standards of Maintenance==


If you wish to move someone in to your rental unit, you should first check your tenancy agreement. Your landlord may be allowed to raise your rent for additional occupants, but only if your agreement specifies by how much. If your tenancy agreement does not include such a term, your landlord cannot legally raise your rent when an additional occupant moves in. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section13 section 13] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section40 section 40] of the ''Residential Tenancy Act (RTA)'' for more information.
The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' is the most important law for you to understand, but it is not the only law that applies to tenants and landlords in BC. This is especially true when it comes to repairing and maintaining rental properties. Although the ''RTA'' states in general terms that landlords must comply with health, safety, and housing standards required by law, it does not do a good job of explaining what that means.


===Residential Tenancy Branch permission===
For a more detailed description of your landlord’s legal responsibility to repair and maintain your rental property, you will need to research one of your City’s bylaws – usually referred to as a “Standards of Maintenance” or “Good Neighbour” bylaw. These local laws go into greater detail than the ''RTA'' on heating systems, hot water, infestations, exterior walls, roofing, elevators, fire escapes, etc. If your landlord is refusing to make certain repairs, your City might be willing to send a Bylaw Officer to inspect your property, issue warnings and fines to your landlord, or otherwise enforce the bylaw. Alternatively, the bylaw could be used as evidence for a repair order at a Residential Tenancy Branch (RTB) dispute resolution hearing.


Your landlord can apply to the Residential Tenancy Branch (RTB) for an additional rent increase above the allowable annual percentage. Arbitrators will only allow these additional rent increases in exceptional circumstances, listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section23 section 23] of the ''Residential Tenancy Regulation (RTR)''.  
Unfortunately, not all Cities have Standards of Maintenance / Good Neighbour bylaws, and some City bylaws are better than others. For a list of such bylaws from around the province, visit TRAC’s webpage on [https://tenants.bc.ca/repairs-and-maintenance Repairs and Maintenance].  


The application fee for landlords is $300, plus $10 for each rental unit, to a maximum of $600. If your landlord applies for an additional rent increase, you will be served with a package of hearing documents, including the evidence they have submitted. As the respondent, you will have a chance to speak during the hearing and submit evidence that challenges your landlord’s application. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl37.pdf Policy Guideline 37] for more information.
'''Illegal Secondary Suites:''' If your City finds out that you live in an illegal secondary suite, they could force your landlord to evict you by using 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''. For this reason, if your landlord refuses to make repairs to your illegal suite, your safest legal option may be to apply for a repair order through the RTB. Illegal secondary suites are covered under the ''RTA'' and the RTB will not inform your City that you are living in one.


'''Geographic rent increases:''' For years, landlords had the right to apply for an additional rent increase when a rental unit’s rent was significantly lower than other similar units in the same geographic area. Fortunately, the RTR has now been amended to eliminate geographic rent increases.
==Services and facilities==


===Non-profit housing===
===Essential services and facilities===


Some subsidized rental units where rent is related to income may be exempt from the rent increase rules in the ''RTA''. If you live in a subsidized rental unit, ask your housing provider about the rent increase rules that apply to you. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section2 section 2] of the ''RTR'' for more information.
Your landlord cannot reduce or restrict any service or facility that is essential and necessary to your rental unit and, if taken away, would make it impossible or impractical for you to live there. An example of an essential service may be an elevator in a multi-storey apartment building. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section27 section 27(1)] of the ''Residential Tenancy Act (RTA)'' and Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl22.pdf Policy Guideline 22] for more information.


==Legislation and links==
If you have a problem with an essential service or facility, ask your landlord in writing to correct the situation. If that does not work, apply for dispute resolution for an order requiring your landlord to restore the essential service or facility. You can also apply for monetary compensation from your landlord for ignoring your request, as well as a rent reduction until the service or facility has been restored.


===Legislation===
Alternatively, if the issue meets the ''RTA'' definition of “emergency repair” – for example, the primary heating system breaks during the winter – you can consider following the emergency repair procedures described in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''RTA''.


*''[[Residential Tenancy Act]]''
===Non-essential services and facilities===
*''[[Manufactured Home Park Tenancy Act]]''


===Links===
Your landlord has the option to reduce or restrict non-essential services or facilities, but only if they provide 30 days written notice on an approved form and reduce your monthly rent by an amount equal to the value of the service or facility. For example, if internet was always provided as part of your tenancy agreement but has now been cancelled by your landlord, your rent should be reduced by the cost of a comparable internet package. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section27 section 27(2)] of the ''RTA'' for more information.


*[[Residential Tenancy Branch]]
If your landlord reduces or restricts a non-essential service or facility without providing 30 days written notice and a rent reduction, do not withhold rent. Instead, you will have to resolve the problem by writing your landlord and explaining the law, or applying for dispute resolution for an order that they comply with your tenancy agreement.
*RTB Policy Guideline 1 - [http://www.rto.gov.bc.ca/documents/GL01.pdf Landlord & Tenant - Responsibility for Residential Premises]
*RTB Policy Guideline 21 - [http://www.rto.gov.bc.ca/documents/GL21.pdf Repair Orders Respecting Strata Properties]
*RTB Policy Guideline 22 - [http://www.rto.gov.bc.ca/documents/GL22.pdf Termination or Restriction of a Service or Facility]
*RTB Policy Guideline 40 - [http://www.rto.gov.bc.ca/documents/GL40.pdf Useful Life of Building Elements]


===Resources and forms===


*TRAC Template Demand Letters - [http://tenants.bc.ca/template-letters/ Request for Repairs, and Restricting Heat (Essential Service)]
*RTB [http://www.rto.gov.bc.ca/documents/RTB-24.pdf Notice Terminating or Restricting a Service or Facility]


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



Latest revision as of 20:06, 10 January 2019

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

DO: check if your municipality has a “Standards of Maintenance” or “Good Neighbour” Bylaw. If so, you might be able to have a Bylaw Officer investigate your repair and maintenance concerns.

DO NOT: ignore any repair and maintenance issues you encounter. If the problem gets worse, you could be held responsible for at least some of the associated costs.

Landlord repair and maintenance responsibilities

According to section 32(1) of the Residential Tenancy Act (RTA), rental properties must comply with health, safety, and housing standards required by law. Landlords are generally responsible for the following repair and maintenance issues:

  • heating;
  • plumbing;
  • electricity;
  • locks;
  • light fixtures in common areas;
  • walls, floors, and ceilings;
  • fire doors and fire escapes;
  • smoke detectors;
  • intercoms;
  • elevators;
  • painting at reasonable intervals;
  • routine yard maintenance, such as cutting grass and clearing snow, in multi-unit residential complexes;
  • infestations and pests, such as bed bugs;
  • serious mold issues; and
  • anything included in your tenancy agreement, such as the:
    • fridge
    • stove
    • laundry facilities
    • security system
    • furniture
    • garage
    • storage facilities

When something needs to be fixed in your rental unit, let your landlord know in writing as soon as possible. If you delay and the problem gets worse, you could be held responsible for at least some of the associated costs – even if the original problem was not your fault. For example, if you do not immediately report bed bugs and the infestation spreads, you may have to pay for at least some of the treatment.

It is important to document the repair issue and your attempts to contact your landlord. If your landlord refuses to fix the problem, you will have to apply for dispute resolution through the Residential Tenancy Branch. Having evidence that shows the issue, and that you informed your landlord of the issue – such as letters, photos, videos, and witnesses – will increase your chances of obtaining an order requiring your landlord to make the repair. You can also apply for monetary compensation from your landlord for ignoring your request, as well as a rent reduction until the repair has been completed.

Tenant repair and maintenance responsibilities

According to section 32(2) of the Residential Tenancy Act (RTA), you have a legal responsibility to maintain reasonable health, cleanliness, and sanitary standards in your rental unit. Tenants are generally responsible for the following repair and maintenance issues:

  • reasonable maintenance of carpets during the tenancy;
  • steam cleaning or shampooing the carpets at the end of tenancies lasting one year or longer;
  • steam cleaning or shampooing the carpets at the end of tenancies of any length involving pets or smoking;
  • cleaning marks on the walls;
  • removal of garbage from the rental unit;
  • replacing light bulbs;
  • routine yard maintenance, such as cutting grass and clearing snow, if you have exclusive use of the yard;
  • minor mold issues; and
  • repairing excessive damage from nail holes.

See your tenancy agreement and Residential Tenancy Branch (RTB) Policy Guideline 1 for more information.

Improving your rental unit: If you want to make changes to your rental unit, such as painting the walls, ask your landlord for written consent. Making changes without permission could result in you owing your landlord some money, or having to restore the unit back to its original condition before moving out.

Wear and tear: Even the most well-behaved and respectful tenants can live in rental units that start falling apart due to old age. According to section 32(4) of the RTA, you are not responsible for wear and tear that results from reasonable use of your rental unit. However, there is a difference between “reasonable wear and tear” and “damage”. Reasonable wear and tear refers to deterioration due to aging or other natural forces. If you, your guests, or your pets cause damage beyond wear and tear, such as a broken window, you are responsible for that damage. Contact your landlord and work out a solution for how the repair will be completed. In most cases, your landlord will ask for money to hire a qualified professional. See RTB Policy Guideline 1 for more information.

Emergency repairs

For a repair to be considered an “emergency” as defined by section 33 of the Residential Tenancy Act (RTA), it must be all three of the following:

  1. urgent;
  2. necessary for the health or safety of people or property; and
  3. made for the purpose of repairing one of the following:
    • major leaks in pipes or the roof
    • damaged or blocked water or sewer pipes or plumbing fixtures
    • the primary heating system
    • damaged or defective locks that give access to a rental unit
    • the electrical systems

Your landlord is required to give you an emergency contact number in writing, or post it in a common area of your building. If your situation meets the RTA definition of an “emergency”, try calling the emergency contact number at least twice, leaving a reasonable amount of time in between each attempt.

If you are unable to reach the emergency contact person, you have the right to cover the cost of the repair and ask your landlord to pay you back. If you choose this option, do your best to find a fair price by researching multiple companies. To reduce the chances of a future dispute with your landlord, make sure to keep copies of your research efforts, receipts, and related written communication.

Dispute resolution: Taking on emergency repairs can be complicated and expensive. If you do not have the money or time to deal with the repairs yourself, or you are worried that you may not follow the proper steps, apply for dispute resolution to request an emergency repair order. The Residential Tenancy Branch considers emergency repairs a top priority when scheduling hearings.

Standards of Maintenance

The Residential Tenancy Act (RTA) is the most important law for you to understand, but it is not the only law that applies to tenants and landlords in BC. This is especially true when it comes to repairing and maintaining rental properties. Although the RTA states in general terms that landlords must comply with health, safety, and housing standards required by law, it does not do a good job of explaining what that means.

For a more detailed description of your landlord’s legal responsibility to repair and maintain your rental property, you will need to research one of your City’s bylaws – usually referred to as a “Standards of Maintenance” or “Good Neighbour” bylaw. These local laws go into greater detail than the RTA on heating systems, hot water, infestations, exterior walls, roofing, elevators, fire escapes, etc. If your landlord is refusing to make certain repairs, your City might be willing to send a Bylaw Officer to inspect your property, issue warnings and fines to your landlord, or otherwise enforce the bylaw. Alternatively, the bylaw could be used as evidence for a repair order at a Residential Tenancy Branch (RTB) dispute resolution hearing.

Unfortunately, not all Cities have Standards of Maintenance / Good Neighbour bylaws, and some City bylaws are better than others. For a list of such bylaws from around the province, visit TRAC’s webpage on Repairs and Maintenance.

Illegal Secondary Suites: If your City finds out that you live in an illegal secondary suite, they could force your landlord to evict you by using a One Month Eviction Notice for Cause under section 47(1)(k) of the RTA. For this reason, if your landlord refuses to make repairs to your illegal suite, your safest legal option may be to apply for a repair order through the RTB. Illegal secondary suites are covered under the RTA and the RTB will not inform your City that you are living in one.

Services and facilities

Essential services and facilities

Your landlord cannot reduce or restrict any service or facility that is essential and necessary to your rental unit and, if taken away, would make it impossible or impractical for you to live there. An example of an essential service may be an elevator in a multi-storey apartment building. See section 27(1) of the Residential Tenancy Act (RTA) and Residential Tenancy Branch Policy Guideline 22 for more information.

If you have a problem with an essential service or facility, ask your landlord in writing to correct the situation. If that does not work, apply for dispute resolution for an order requiring your landlord to restore the essential service or facility. You can also apply for monetary compensation from your landlord for ignoring your request, as well as a rent reduction until the service or facility has been restored.

Alternatively, if the issue meets the RTA definition of “emergency repair” – for example, the primary heating system breaks during the winter – you can consider following the emergency repair procedures described in section 33 of the RTA.

Non-essential services and facilities

Your landlord has the option to reduce or restrict non-essential services or facilities, but only if they provide 30 days written notice on an approved form and reduce your monthly rent by an amount equal to the value of the service or facility. For example, if internet was always provided as part of your tenancy agreement but has now been cancelled by your landlord, your rent should be reduced by the cost of a comparable internet package. See section 27(2) of the RTA for more information.

If your landlord reduces or restricts a non-essential service or facility without providing 30 days written notice and a rent reduction, do not withhold rent. Instead, you will have to resolve the problem by writing your landlord and explaining the law, or applying for dispute resolution for an order that they comply with your tenancy agreement.


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.