Difference between revisions of "Strata Law and Residential Tenancies of Strata Lots (Condominiums) (19:XII)"

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{{REVIEWED LSLAP | date= August 10, 2021}}
{{REVIEWED LSLAP | date= July 1, 2022}}
{{LSLAP Manual TOC|expanded = landlord}}
{{LSLAP Manual TOC|expanded = landlord}}


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* s 144 permits an owner to apply for exemption from a rent restriction bylaw in cases causing hardship to the owner. “Hardship” is not defined and will depend on the facts of the case. Mere financial difficulty is often not enough.  
* s 144 permits an owner to apply for exemption from a rent restriction bylaw in cases causing hardship to the owner. “Hardship” is not defined and will depend on the facts of the case. Mere financial difficulty is often not enough.  
* s 145 provides that if a tenant is renting without knowledge of a rental restriction bylaw, the tenant has not contravened the bylaw and may end the tenancy agreement without penalty by giving notice to the landlord within 90 days of finding out about the bylaw. Also, the tenant can claim reasonable moving expenses in such a situation to a maximum value of one month’s rent. However, there is no corresponding section in the RTA, and the right to end tenancy MUST come from the RTA. Tenants cannot solely rely on SPA s 145 to end a tenancy.  
* s 145 provides that if a tenant is renting without knowledge of a rental restriction bylaw, the tenant has not contravened the bylaw and may end the tenancy agreement without penalty by giving notice to the landlord within 90 days of finding out about the bylaw. Also, the tenant can claim reasonable moving expenses in such a situation to a maximum value of one month’s rent. However, there is no corresponding section in the RTA, and the right to end tenancy MUST come from the RTA. Tenants cannot solely rely on SPA s 145 to end a tenancy.  
* s 146 puts the responsibility on the landlord to provide a copy of a Form K to a tenant to sign, and to provide a copy of the Form, once signed, to the strata corporation. Tenants are bound by the bylaws and rules of the strata whether or not they are provided with one. A landlord must provide a Form K to the tenant, and they can also force the tenant to sign it. It is important the tenant reads the bylaws before signing, as the tenants are bound by the rules and bylaws, and can be held liable for any contraventions  
* s 146 puts the responsibility on the landlord to provide a copy of a Form K to a tenant to sign, and to provide a copy of the Form, once signed, to the strata corporation. Tenants are bound by the bylaws and rules of the strata whether or not they are provided with one. A landlord must provide a Form K to the tenant, and they can also force the tenant to sign it. It is important the tenant reads the bylaws before signing, as the tenants are bound by the rules and bylaws, and can be held liable for any contraventions   
* s 146(3)(b) and (4) purport to allow a tenant to end a tenancy and claim reasonable moving expenses if the landlord does not provide a Form K, but there is no corresponding section in the RTA, so tenants likely cannot rely upon this as a means for ending a tenancy.  
* s 147 allows an owner to assign to a tenant some or all the powers and duties of a landlord under the Strata Property Act, with the exception of the landlord’s responsibility for fines and costs of remedying a contravention of the bylaw (as per SPA s 131).  
* s 147 allows an owner to assign to a tenant some or all the powers and duties of a landlord under the Strata Property Act, with the exception of the landlord’s responsibility for fines and costs of remedying a contravention of the bylaw (as per SPA s 131).  
** This must be done in writing and copied to the strata corporation;  
** This must be done in writing and copied to the strata corporation;  
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