Renting a Home: Difference between revisions
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| text = For updated and in-depth coverage of renting or buying a home in BC, visit [https://www.peopleslawschool.ca/ peopleslawschool.ca]. | | text = For updated and in-depth coverage of renting or buying a home in BC, visit [https://www.peopleslawschool.ca/renting peopleslawschool.ca]. | ||
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When you rent a place to live, you are a renter, also known as a '''tenant'''. If you own a home or apartment and you rent it to someone else, you are a '''landlord'''. | When you rent a place to live, you are a renter, also known as a '''tenant'''. If you own a home or apartment and you rent it to someone else, you are a '''landlord'''. | ||
You must follow BC laws about renting if you are a tenant or a landlord. A government office is responsible for making sure landlords and tenants follow these laws. It’s called the Residential Tenancy Branch. | You must follow BC laws about renting if you are a tenant or a landlord. A government office is responsible for making sure landlords and tenants follow these laws. It’s called the [https://gov.bc.ca/landlordtenant Residential Tenancy Branch]. | ||
===The laws in play=== | ===The laws in play=== | ||
The main law that sets out the rules for tenants and landlords is called the ''Residential Tenancy Act''. There are more rules in another law called the Residential Tenancy Regulation. | The main law that sets out the rules for tenants and landlords is called the [https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/189289/sbc-2002-c-78.html ''Residential Tenancy Act'']. There are more rules in another law called the [https://www.canlii.org/en/bc/laws/regu/bc-reg-477-2003/latest/bc-reg-477-2003.html Residential Tenancy Regulation]. | ||
===There are supports available=== | ===There are supports available=== | ||
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TRAC has an online course for first-time tenants at [https://rentingitright.ca/ rentingitright.ca]. In it, you’ll learn how to search for housing, put together a strong rental application, and safely sign a contract about your tenancy with the landlord. | TRAC has an online course for first-time tenants at [https://rentingitright.ca/ rentingitright.ca]. In it, you’ll learn how to search for housing, put together a strong rental application, and safely sign a contract about your tenancy with the landlord. | ||
You can also find answers to common questions tenants have at [https://www.peopleslawschool.ca | You can also find answers to common questions tenants have at [https://www.peopleslawschool.ca/renting peopleslawschool.ca/renting]. | ||
==Looking for a place== | ==Looking for a place== | ||
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* marital or family status | * marital or family status | ||
* religion | * religion | ||
* legal) source of income | * (legal) source of income | ||
* mental or physical disability | * mental or physical disability | ||
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You can complain to the BC Human Rights Tribunal at [http://www.bchrt.bc.ca/ bchrt.bc.ca] if you think a landlord has discriminated against you. | You can complain to the BC Human Rights Tribunal at [http://www.bchrt.bc.ca/ bchrt.bc.ca] if you think a landlord has discriminated against you. | ||
For help with filing a human rights complaint, you can contact the BC Human Rights Clinic at [https://bchrc.net/ bchrc.net] operated by the Community Legal Assistance Society. | For help with filing a human rights complaint, you can contact the BC Human Rights Clinic at [https://bchrc.net/ bchrc.net] operated by the Community Legal Assistance Society. | ||
===Making an agreement to rent=== | ===Making an agreement to rent=== | ||
When you find a suitable place to rent, you and the landlord make a contract. This is a binding legal agreement. A contract between a tenant and landlord is called a '''tenancy agreement'''. | When you find a suitable place to rent, you and the landlord make a contract. This is a binding legal agreement. A contract between a tenant and landlord is called a '''tenancy agreement'''. | ||
A tenancy agreement must follow the rules about renting in the ''Residential Tenancy Act'' and Regulation. It must be in writing. The Residential Tenancy Branch has a '''residential tenancy agreement''' form at [https:// | A tenancy agreement must follow the rules about renting in the ''Residential Tenancy Act'' and Regulation. It must be in writing. The Residential Tenancy Branch has a '''residential tenancy agreement''' form at [https://gov.bc.ca/landlordtenant gov.bc.ca/landlordtenant] that you and the landlord can use. | ||
The agreement will say how much the rent is and when you must pay it. The agreement should also include what the law says about such things as '''security deposits''', rent increases, and repairs. | The agreement will say how much the rent is and when you must pay it. The agreement should also include what the law says about such things as '''security deposits''', rent increases, and repairs. | ||
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| image = [[File:Headshot - Learning about the Law - Candace - 2023.png|link=]] | | image = [[File:Headshot - Learning about the Law - Candace - 2023.png|link=]] | ||
| text = “When I moved to BC, I signed a one-year lease for a rental apartment. I planned to stay the full year. Unfortunately, my mom isn’t doing well. With a few months still left on the lease, I decided to go back to Ontario to help her. But because I’m moving out early, I have to pay for the remaining months of the lease.” <br> | | text = “When I moved to BC, I signed a one-year lease for a rental apartment. I planned to stay the full year. Unfortunately, my mom isn’t doing well. With a few months still left on the lease, I decided to go back to Ontario to help her. But because I’m moving out early, I have to pay for the remaining months of the lease.” <br>– Candace, Coquitlam, BC | ||
}} | }} | ||
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As well, the landlord must use a special form called '''notice of rent increase'''. And they must give you this notice three full months before they can increase the rent. | As well, the landlord must use a special form called '''notice of rent increase'''. And they must give you this notice three full months before they can increase the rent. | ||
For more on rent increases, see the Residential Tenancy Branch at [https:// | For more on rent increases, see the Residential Tenancy Branch at [https://gov.bc.ca/landlordtenant gov.bc.ca/landlordtenant] and TRAC at [https://tenants.bc.ca/ tenants.bc.ca]. | ||
===Repairs=== | ===Repairs=== | ||
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If something needs to be fixed, ask your landlord to make the repairs. It’s a good idea to do this in writing and keep a copy of the letter. | If something needs to be fixed, ask your landlord to make the repairs. It’s a good idea to do this in writing and keep a copy of the letter. | ||
If the landlord doesn’t make the repairs, contact the Residential Tenancy Branch at [https:// | If the landlord doesn’t make the repairs, contact the Residential Tenancy Branch at [https://gov.bc.ca/landlordtenant gov.bc.ca/landlordtenant] or TRAC at [https://tenants.bc.ca/ tenants.bc.ca]. | ||
Another option may be to contact your municipality. Many towns and cities have rules (or '''bylaws''') about keeping rental suites safe and healthy. You can contact your local city hall to ask them about these rules. They may be able to send an '''inspector'''. An inspector can check your place for free and tell the landlord to do the repairs. | Another option may be to contact your municipality. Many towns and cities have rules (or '''bylaws''') about keeping rental suites safe and healthy. You can contact your local city hall to ask them about these rules. They may be able to send an '''inspector'''. An inspector can check your place for free and tell the landlord to do the repairs. | ||
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| image = [[File:Headshot_-_Learning_about_the_Law_-_Ciara_-_2023.png|link=]] | | image = [[File:Headshot_-_Learning_about_the_Law_-_Ciara_-_2023.png|link=]] | ||
| text = “I live in a basement suite. The pipe from the toilet was leaking, so I told the landlord. But the landlord didn’t fix it, even after I asked a second time. I decided to contact city hall. An inspector came to look at the toilet. They told the landlord to fix the pipe. Because the landlord didn’t want to be fined, they fixed the problem.” <br> | | text = “I live in a basement suite. The pipe from the toilet was leaking, so I told the landlord. But the landlord didn’t fix it, even after I asked a second time. I decided to contact city hall. An inspector came to look at the toilet. They told the landlord to fix the pipe. Because the landlord didn’t want to be fined, they fixed the problem.” <br>– Ciara, Kamloops, BC | ||
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| image = [[File:Headshot - Learning about the Law - Quan - 2023.png|link=]] | | image = [[File:Headshot - Learning about the Law - Quan - 2023.png|link=]] | ||
| text = “I rent a suite in an older house. I threw a party one night. One of my friends accidentally broke a bedroom window. In the morning, I called the landlord and explained what happened. The landlord called a company to replace the window, and I paid $400 for the new window.” <br> | | text = “I rent a suite in an older house. I threw a party one night. One of my friends accidentally broke a bedroom window. In the morning, I called the landlord and explained what happened. The landlord called a company to replace the window, and I paid $400 for the new window.” <br>– Quan, Nelson, BC | ||
}} | }} | ||
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Either you or the landlord can apply for dispute resolution. The process involves a hearing — like a court hearing, but less formal. It’s usually held by teleconference. An independent decision-maker makes a decision in your situation based on the law. You need to have evidence in support of your claims. You and the landlord must follow the decision. | Either you or the landlord can apply for dispute resolution. The process involves a hearing — like a court hearing, but less formal. It’s usually held by teleconference. An independent decision-maker makes a decision in your situation based on the law. You need to have evidence in support of your claims. You and the landlord must follow the decision. | ||
To learn more about how dispute resolution works, see the Residential Tenancy Branch at [https:// | To learn more about how dispute resolution works, see the Residential Tenancy Branch at [https://gov.bc.ca/landlordtenant gov.bc.ca/landlordtenant] and TRAC at [https://tenants.bc.ca/ tenants.bc.ca]. | ||
==Ending a tenancy== | ==Ending a tenancy== | ||
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| image = [[File:Headshot_-_Learning_about_the_Law_-_Nathan_-_2023.png|link=]] | | image = [[File:Headshot_-_Learning_about_the_Law_-_Nathan_-_2023.png|link=]] | ||
| text = “I rent an apartment month-to-month. I’ve decided to move out and find a place closer to my parents. I plan to move out on December 31. That means I have to give notice to my landlord by November 30 at the latest. If I give notice on December 1, it would be too late; I’d have to pay an extra month’s rent in that case.” <br> | | text = “I rent an apartment month-to-month. I’ve decided to move out and find a place closer to my parents. I plan to move out on December 31. That means I have to give notice to my landlord by November 30 at the latest. If I give notice on December 1, it would be too late; I’d have to pay an extra month’s rent in that case.” <br>– Nathan, Courtenay, BC | ||
}} | }} | ||
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You may disagree with the reason the landlord is evicting you. For example, you don’t think you’re too noisy, or you don’t have too many people living in your place. If you want to try to stop an eviction, you can '''dispute''' the notice. You can apply to the Residential Tenancy Branch to ask an arbitrator to decide. The eviction form will say how much time you have to do that. | You may disagree with the reason the landlord is evicting you. For example, you don’t think you’re too noisy, or you don’t have too many people living in your place. If you want to try to stop an eviction, you can '''dispute''' the notice. You can apply to the Residential Tenancy Branch to ask an arbitrator to decide. The eviction form will say how much time you have to do that. | ||
If you get an eviction notice, you should ask for help or advice as soon as you can. Contact the Residential Tenancy Branch at [https:// | If you get an eviction notice, you should ask for help or advice as soon as you can. Contact the Residential Tenancy Branch at [https://gov.bc.ca/landlordtenant gov.bc.ca/landlordtenant] or TRAC at [https://tenants.bc.ca/ tenants.bc.ca]. | ||
===Getting your security deposit back=== | ===Getting your security deposit back=== | ||
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To complete the sale, you need to prepare documents that transfer legal ownership from the seller to you. Most people hire a lawyer or notary public to help with this. Your real estate agent may be able to suggest one for you. Or you can search online or in your local phone book. | To complete the sale, you need to prepare documents that transfer legal ownership from the seller to you. Most people hire a lawyer or notary public to help with this. Your real estate agent may be able to suggest one for you. Or you can search online or in your local phone book. | ||
People’s Law School has more in-depth information about buying a home at [https://www.peopleslawschool.ca/ peopleslawschool.ca]. | People’s Law School has more in-depth information about buying a home at [https://www.peopleslawschool.ca/buying-home/ peopleslawschool.ca]. | ||
===Owning a home and bylaws=== | ===Owning a home and bylaws=== | ||
When you own your home, many laws that come into play are made by your city or town. These are called '''bylaws'''. They deal with safety and health issues and allowable uses of the property. They set out rules for things like fences, trees, noise, parking, and pets. | When you own your home, many laws that come into play are made by your city or town. These are called '''bylaws'''. They deal with safety and health issues and allowable uses of the property. They set out rules for things like fences, trees, noise, parking, and pets. | ||
For more information on these topics, visit the neighbours section on the People’s Law School website at [https://www.peopleslawschool.ca/ peopleslawschool.ca]. | For more information on these topics, visit the neighbours section on the People’s Law School website at [https://www.peopleslawschool.ca/category/home-neighbours/neighbours/ peopleslawschool.ca]. | ||
{{Learning about the Law Wikibook Navbox}} | {{Learning about the Law Wikibook Navbox}} | ||
Latest revision as of 23:29, 13 March 2023
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School in February 2023. |
 |
This page is used in the Renting a Home Lesson Module, a law-related ESL lesson for newcomers to Canada. |
Every province in Canada has laws about renting, as well as about buying and owning a home. In this section, you will learn about these laws in British Columbia.
 |
For updated and in-depth coverage of renting or buying a home in BC, visit peopleslawschool.ca. |
Before renting
When you rent a place to live, you are a renter, also known as a tenant. If you own a home or apartment and you rent it to someone else, you are a landlord.
You must follow BC laws about renting if you are a tenant or a landlord. A government office is responsible for making sure landlords and tenants follow these laws. It’s called the Residential Tenancy Branch.
The laws in play
The main law that sets out the rules for tenants and landlords is called the Residential Tenancy Act. There are more rules in another law called the Residential Tenancy Regulation.
There are supports available
For information or free help, you can contact the Residential Tenancy Branch or the Tenant Resource & Advisory Centre.
- Residential Tenancy Branch
- Vancouver: 604-660-1020
- Victoria: 250-387-1602
- Toll-free: 1-800-665-8779
- gov.bc.ca/landlordtenant
- Tenant Resource & Advisory Centre (TRAC)
- Vancouver: 604-255-0546
- Toll-free: 1-800-665-1185
- tenants.bc.ca
TRAC has an online course for first-time tenants at rentingitright.ca. In it, you’ll learn how to search for housing, put together a strong rental application, and safely sign a contract about your tenancy with the landlord.
You can also find answers to common questions tenants have at peopleslawschool.ca/renting.
Looking for a place
When you look at a place to rent, the landlord will tell you how much the rent is. It’s important to ask the landlord what is included in the rent. For example, does the rent include gas, electricity, internet, cable service, or laundry machines for your use?
When you apply to rent a place, the landlord cannot charge you money to take your application. Doing this is illegal.
Discrimination in renting
A landlord can’t refuse to rent a place to live based on a part of someone’s identity protected under the law. Doing so is discrimination. The law protects against discrimination based on a person’s:
- race, colour, ancestry, place of origin, or Indigenous identity
- age
- sex, sexual orientation, or gender identity or expression
- marital or family status
- religion
- (legal) source of income
- mental or physical disability
A landlord can't refuse to rent to someone or charge a different rent based on any of these protected characteristics.
So a landlord can't, for example, refuse to rent to someone because they’re on income assistance.
Or a landlord can't refuse to rent to someone because they have children. (There is an exception to this rule for rental buildings reserved for people age 55 and older.)
You can complain to the BC Human Rights Tribunal at bchrt.bc.ca if you think a landlord has discriminated against you.
For help with filing a human rights complaint, you can contact the BC Human Rights Clinic at bchrc.net operated by the Community Legal Assistance Society.
Making an agreement to rent
When you find a suitable place to rent, you and the landlord make a contract. This is a binding legal agreement. A contract between a tenant and landlord is called a tenancy agreement.
A tenancy agreement must follow the rules about renting in the Residential Tenancy Act and Regulation. It must be in writing. The Residential Tenancy Branch has a residential tenancy agreement form at gov.bc.ca/landlordtenant that you and the landlord can use.
The agreement will say how much the rent is and when you must pay it. The agreement should also include what the law says about such things as security deposits, rent increases, and repairs.
A tenancy agreement can be a month-to-month agreement or a fixed-term agreement, also known as a lease. If you sign a lease, you can’t move out until your lease is finished without paying extra money.
 |
“When I moved to BC, I signed a one-year lease for a rental apartment. I planned to stay the full year. Unfortunately, my mom isn’t doing well. With a few months still left on the lease, I decided to go back to Ontario to help her. But because I’m moving out early, I have to pay for the remaining months of the lease.” – Candace, Coquitlam, BC |
The tenancy agreement must be signed and dated by you and your landlord. You should read the agreement before you sign it. Get someone to help if you need to. The landlord must give you a copy of the signed agreement within 21 days.
Move-in inspection
You and the landlord must do a walkaround before you move in, checking the rental unit out together. The landlord must complete a condition inspection report, and both of you need to sign it. This is a written record of the condition of the place. The report should show if it's in poor condition.
Make sure you get a copy of the condition inspection report from the landlord.
Paying a deposit
When you move into a place, the landlord can ask for some extra money to cover any damage you may cause to the rental unit. This is called a security deposit. It can’t be more than half the monthly rent. The landlord can also ask for a pet damage deposit if they allow you to have a pet. That also can’t be more than half the monthly rent.
It is very important you keep the receipts for these deposits. At the end of your tenancy, you are entitled to the deposits back unless the landlord can show you damaged the unit.
While renting
Paying rent
When you rent a place to live, you usually pay rent to the landlord once a month. Make sure you get proof that you paid the rent. This can take the form of a receipt from the landlord, a witness, or a cancelled cheque from your bank or credit union. Keep this proof in case there is a dispute about it later.
Rent increases
If your landlord wants to raise your rent, they must follow the rules. For example, the landlord can only increase the rent once every 12 months. They can’t increase it more than a percentage set by the government.
As well, the landlord must use a special form called notice of rent increase. And they must give you this notice three full months before they can increase the rent.
For more on rent increases, see the Residential Tenancy Branch at gov.bc.ca/landlordtenant and TRAC at tenants.bc.ca.
Repairs
Landlords are generally responsible for fixing problems in a rental unit. Tenants are responsible for repairing damage they (or their visitors or pets) cause.
The landlord must put up a sign or tell you in writing who and what number to call if there is an emergency. This includes urgent problems with electricity, plumbing (say the toilet doesn’t work), and heating.
If something needs to be fixed, ask your landlord to make the repairs. It’s a good idea to do this in writing and keep a copy of the letter.
If the landlord doesn’t make the repairs, contact the Residential Tenancy Branch at gov.bc.ca/landlordtenant or TRAC at tenants.bc.ca.
Another option may be to contact your municipality. Many towns and cities have rules (or bylaws) about keeping rental suites safe and healthy. You can contact your local city hall to ask them about these rules. They may be able to send an inspector. An inspector can check your place for free and tell the landlord to do the repairs.
 |
“I live in a basement suite. The pipe from the toilet was leaking, so I told the landlord. But the landlord didn’t fix it, even after I asked a second time. I decided to contact city hall. An inspector came to look at the toilet. They told the landlord to fix the pipe. Because the landlord didn’t want to be fined, they fixed the problem.” – Ciara, Kamloops, BC |
Paying for damage
As a tenant, if you (or your visitor or pet) damage the rental unit, you have to pay for the repair. You should tell the landlord right away.
 |
“I rent a suite in an older house. I threw a party one night. One of my friends accidentally broke a bedroom window. In the morning, I called the landlord and explained what happened. The landlord called a company to replace the window, and I paid $400 for the new window.” – Quan, Nelson, BC |
Letting the landlord in
Landlords can ask to enter the rental unit. You can agree to let the landlord in when they ask. Otherwise, the landlord must give you written notice at least 24 hours before they come. The notice must say what time between 8 am and 9 pm the landlord will come and why they are coming.
Sometimes there is an emergency. For example, you may have a fire or a broken water pipe. Then the landlord can come in without notice or permission.
Resolving disputes
If you have a problem with your landlord, you may be able to resolve the matter by talking to them. If you can’t work it out on your own, you can access dispute resolution through the Residential Tenancy Branch.
Either you or the landlord can apply for dispute resolution. The process involves a hearing — like a court hearing, but less formal. It’s usually held by teleconference. An independent decision-maker makes a decision in your situation based on the law. You need to have evidence in support of your claims. You and the landlord must follow the decision.
To learn more about how dispute resolution works, see the Residential Tenancy Branch at gov.bc.ca/landlordtenant and TRAC at tenants.bc.ca.
Ending a tenancy
Moving out
When you want to move out of a house or apartment you are renting, the law requires that you tell your landlord in writing. This is called giving notice. You have to write your name, address and the date you will move out, and then sign the notice.
If you are in a month-to-month tenancy, you must give notice to the landlord at least one month before you will move out. The first day of the month you plan to move out is too late.
 |
“I rent an apartment month-to-month. I’ve decided to move out and find a place closer to my parents. I plan to move out on December 31. That means I have to give notice to my landlord by November 30 at the latest. If I give notice on December 1, it would be too late; I’d have to pay an extra month’s rent in that case.” – Nathan, Courtenay, BC |
If you signed a fixed-term agreement or lease, you are not allowed to end your tenancy early. If you do, you may have to pay extra money to the landlord for breaking the tenancy agreement.
It's best to give the notice to the landlord or the building manager yourself. You may want to ask someone to go with you in case the landlord denies receiving the notice. Keep a copy of the notice.
Eviction
A landlord can sometimes make a tenant move out of a rental unit. This is called eviction.
The law says how much time the landlord has to give the tenant to move out. It depends on the reasons for eviction. For example, the landlord can give:
- 10 days notice when the tenant hasn’t paid the rent
- one month notice when the tenant is too noisy or has too many people living in the place
- two months notice when the landlord or a close family member wants to live in the rental unit
These are just examples.
As a tenant, be aware that the landlord cannot just tell you to leave. They have to put the eviction notice in writing, on the proper form, and explain the reason for the eviction. If you get an eviction notice, don’t ignore it. Read it very carefully.
You may disagree with the reason the landlord is evicting you. For example, you don’t think you’re too noisy, or you don’t have too many people living in your place. If you want to try to stop an eviction, you can dispute the notice. You can apply to the Residential Tenancy Branch to ask an arbitrator to decide. The eviction form will say how much time you have to do that.
If you get an eviction notice, you should ask for help or advice as soon as you can. Contact the Residential Tenancy Branch at gov.bc.ca/landlordtenant or TRAC at tenants.bc.ca.
Getting your security deposit back
On moving out of your rental unit, you should give the landlord an address in writing saying where to send the security deposit. Once you have given the landlord this address, the landlord must do one of three things:
- return the security deposit with interest within 15 days,
- ask for your written permission to keep some or all of the deposit, or
- apply to the Residential Tenancy Branch for permission to keep some or all of the deposit.
If the landlord doesn’t deal with the security deposit within 15 days, they have to pay you double the amount of the deposit.
Buying a home
Buying a home is exciting. But it’s also stressful, as there’s a lot at stake.
Before you start looking, consider what you can afford. There are a lot of expenses involved. In addition to the obvious (the purchase price), there are closing costs (including legal fees), and ongoing costs such as loan payments, property taxes, and maintenance.
Borrowing money to buy a home
Most people cannot afford to pay the entire cost of a home up front. A lender may loan you money to purchase it. The money you borrow to buy a home is called a mortgage. The lender will also expect you to use some of your own money and make a down payment on the home you buy.
Sometimes a lender will give you a pre-approved mortgage. This is a mortgage amount at an interest rate they guarantee for a period of time, such as 90 days.
To pay down your mortgage, you make a regular payment, most often monthly. Your monthly payment includes the interest the lender charges you to borrow their money.
What's involved in buying a home
Most homes in Canada are sold through real estate agents, also called realtors. A real estate agent can assist you with the purchase process, including helping you understand the housing market, learning about the community you want to live in, and negotiating the purchase price. The cost of your real estate agent is usually covered by the seller of the home.
When you find a property you want to purchase, your real estate agent will write an offer, called a contract of purchase and sale. The agent will present your offer to the seller.
It’s a good idea to have the home inspected before you complete the sale. This may help you avoid big or small surprises such as structural problems or mould in the walls. A real estate agent can help you find a home inspector. As the buyer, you pay for the cost of the inspection.
To complete the sale, you need to prepare documents that transfer legal ownership from the seller to you. Most people hire a lawyer or notary public to help with this. Your real estate agent may be able to suggest one for you. Or you can search online or in your local phone book.
People’s Law School has more in-depth information about buying a home at peopleslawschool.ca.
Owning a home and bylaws
When you own your home, many laws that come into play are made by your city or town. These are called bylaws. They deal with safety and health issues and allowable uses of the property. They set out rules for things like fences, trees, noise, parking, and pets.
For more information on these topics, visit the neighbours section on the People’s Law School website at peopleslawschool.ca.
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 Learning about the Law © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.
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