Difference between revisions of "Preparing to Rent"

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==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 ''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''.  


[[File:Tenant looking for rental.jpg | right | frame | link= ]]
[[File:Tenant looking for rental.jpg | right | frame | link= ]]
'''Roommates''': If you share a place with the owner you are not covered 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 ''[http://canlii.ca/t/84ll 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.gov.bc.ca/landlordtenant www.gov.bc.ca/landlordtenant].)
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 ''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.


===The ''Residential Tenancy Act'' does not apply===
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.


The ''Residential Tenancy Act'' does not apply to:
'''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.
*living accommodation where the tenant shares kitchen or bathroom facilities with the ''owner'' of the accommodation,  
*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, or
*people living in care facilities that fall under the ''[http://canlii.ca/t/84lk Community Care and Assisted Living Act]'', the ''[http://canlii.ca/t/84gx Continuing Care Act]'', the ''[http://canlii.ca/t/843c  Hospital Act]'', or the ''[http://canlii.ca/t/846j 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]].''
 
'''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, SBC 2002, c 77'' (''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, SBC 1998, c 43'' (''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  ection 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.


==What a landlord can ask==
==What a landlord can ask==
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