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Difference between revisions of "Renting a Home"

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In every province in Canada, there are laws about renting. You must follow these laws if you are a landlord or tenant. Every province also has laws about buying and owing a home.
In every province in Canada, there are laws about renting. You must follow these laws if you are a landlord or tenant. Every province also has laws about buying and owing a home.


*In this chapter, you will learn about these laws in BC. They include:
In this chapter, you will learn about these laws in BC. They include:
 
*Making an agreement to rent
*Making an agreement to rent
*Paying rent
*Paying rent
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When tenants move into a place, they usually must pay the landlord some extra money that they may get back when they move out. This is called a security deposit. It is to pay for any damage the tenant might do. It can’t be more than one-half of one month’s rent money. It is very important for the tenant to keep the receipt for the security deposit.
When tenants move into a place, they usually must pay the landlord some extra money that they may get back when they move out. This is called a security deposit. It is to pay for any damage the tenant might do. It can’t be more than one-half of one month’s rent money. It is very important for the tenant to keep the receipt for the security deposit.


Getting your money back
===Getting your money back===


When the tenant moves out, the tenant should give the landlord an address in writing saying where to send the security deposit. Once the tenant has given the landlord this address, the landlord must return the security deposit with interest within 15 days or ask the Residential Tenancy Branch for permission to keep some or all of it.
When the tenant moves out, the tenant should give the landlord an address in writing saying where to send the security deposit. Once the tenant has given the landlord this address, the landlord must return the security deposit with interest within 15 days or ask the Residential Tenancy Branch for permission to keep some or all of it.
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The landlord cannot keep the security deposit or part of it unless the tenant agrees in writing to pay for damages or unpaid rent. If the tenant does not agree in writing, the landlord must contact the Residential Tenancy Branch for permission to keep some of the security deposit money. For more information, contact the Residential Tenancy Branch.
The landlord cannot keep the security deposit or part of it unless the tenant agrees in writing to pay for damages or unpaid rent. If the tenant does not agree in writing, the landlord must contact the Residential Tenancy Branch for permission to keep some of the security deposit money. For more information, contact the Residential Tenancy Branch.


Making repairs
==Repairs==
 
===Making repairs===


The landlord must put up a sign or tell the tenant in writing who to call if there is an emergency. If you have problems with the electricity, or the toilet doesn’t work, or there is no hot water, for example, the landlord must fix it. The law says a landlord must make such repairs.
The landlord must put up a sign or tell the tenant in writing who to call if there is an emergency. If you have problems with the electricity, or the toilet doesn’t work, or there is no hot water, for example, the landlord must fix it. The law says a landlord must make such repairs.
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If the landlord doesn’t make the repairs, phone the Residential Tenancy Branch or the Tenant Resource & Advisory Centre. Their phone numbers are in the section called “Find out what the law says.”
If the landlord doesn’t make the repairs, phone the Residential Tenancy Branch or the Tenant Resource & Advisory Centre. Their phone numbers are in the section called “Find out what the law says.”


 
===Asking for help with repairs===
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Asking for help with repairs


Some towns and cities have rules about keeping rental suites safe and healthy. You can phone your local city hall or town council and ask them about these rules.
Some towns and cities have rules about keeping rental suites safe and healthy. You can phone your local city hall or town council and ask them about these rules.
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When you call, ask if they will send an inspector. An inspector can check your place and order the landlord to do the repairs.
When you call, ask if they will send an inspector. An inspector can check your place and order the landlord to do the repairs.


For example: Susan Johnson lived in an apartment. The pipe from the toilet had water coming out, and the landlord didn’t fix it after Susan asked him to. Susan phoned city hall and told the people there about the problem.
:For example: Susan Johnson lived in an apartment. The pipe from the toilet had water coming out, and the landlord didn’t fix it after Susan asked him to. Susan phoned city hall and told the people there about the problem.
   
   
An inspector came to Susan’s apartment and looked at the problem. This inspection was free. The inspector told the landlord to fix the pipe right away. If an inspector tells a landlord to do something, he or she must do it.
An inspector came to Susan’s apartment and looked at the problem. This inspection was free. The inspector told the landlord to fix the pipe right away. If an inspector tells a landlord to do something, he or she must do it.
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Another place to get help is at the Residential Tenancy Branch. You can apply for a dispute resolution hearing for repairs.
Another place to get help is at the Residential Tenancy Branch. You can apply for a dispute resolution hearing for repairs.


Residential tenancy dispute resolution
==Residential tenancy dispute resolution==


If you have a problem with your landlord, you may be able to resolve the matter by talking to him or her. If you cannot work it out on your own you can access dispute resolution services through the Residential Tenancy Branch. A dispute resolution hearing is a bit like a court. You ask a Dispute Resolution Officer (DRO) to make a decision based on the law. You would need to have evidence in support of your argument.
If you have a problem with your landlord, you may be able to resolve the matter by talking to him or her. If you cannot work it out on your own you can access dispute resolution services through the Residential Tenancy Branch. A dispute resolution hearing is a bit like a court. You ask a Dispute Resolution Officer (DRO) to make a decision based on the law. You would need to have evidence in support of your argument.
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To find out more about dispute resolution, see the Tenant Survival Guide, a free publication of the Tenant Resource & Advisory Centre (TRAC), available online and in print. Contact details are in the Find Out More - Renting a home section at the end of this booklet.
To find out more about dispute resolution, see the Tenant Survival Guide, a free publication of the Tenant Resource & Advisory Centre (TRAC), available online and in print. Contact details are in the Find Out More - Renting a home section at the end of this booklet.


Paying for damage
==Paying for damage==


When a tenant or tenant’s visitors damage a rented house or apartment, the tenant should tell the landlord right away. The tenant must pay for the repair. The landlord doesn’t have to pay for it.
When a tenant or tenant’s visitors damage a rented house or apartment, the tenant should tell the landlord right away. The tenant must pay for the repair. The landlord doesn’t have to pay for it.


For example: Bill Lee is a tenant living in a suite in an older house. One evening he had a party. One of his friends accidentally broke the big front window. In the morning, Bill called the landlord
:For example: Bill Lee is a tenant living in a suite in an older house. One evening he had a party. One of his friends accidentally broke the big front window. In the morning, Bill called the landlord
   
   
and explained what happened. The landlord called a company to replace the window and Bill paid for the new window. It cost $200.
and explained what happened. The landlord called a company to replace the window and Bill paid for the new window. It cost $200.


Letting the landlord in
==Letting the landlord in==


Landlords can ask to see the rented house or apartment. They may want to come once a month. Landlords must give a letter to the tenant 24 hours before they come. The  letter  must say what time between 8 a.m. and 9 p.m. the landlord will come and why he or she is coming.
Landlords can ask to see the rented house or apartment. They may want to come once a month. Landlords must give a letter to the tenant 24 hours before they come. The  letter  must say what time between 8 a.m. and 9 p.m. the landlord will come and why he or she is coming.
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Sometimes there is an emergency. For example, you may have a fire or a broken water pipe. Then the landlord can come in without permission.
Sometimes there is an emergency. For example, you may have a fire or a broken water pipe. Then the landlord can come in without permission.


Eviction information
==Eviction information==


For landlords
===For landlords===


A landlord can sometimes make a tenant move out. This is called eviction.
A landlord can sometimes make a tenant move out. This is called eviction.


If you are a landlord, and you need to evict a tenant, you must:
If you are a landlord, and you need to evict a tenant, you must:
Give notice in writing  to  tell  the  tenant to move out. You can get a form at the Residential Tenancy Branch or your local Service BC Centre. The notice must contain reasons for eviction and explain to the tenant his or her right to dispute the eviction.
 
Give the notice to the tenant yourself or send it by registered mail. Landlords are not supposed to just put the letter under the door.
*Give notice in writing  to  tell  the  tenant to move out. You can get a form at the Residential Tenancy Branch or your local Service BC Centre. The notice must contain reasons for eviction and explain to the tenant his or her right to dispute the eviction.
*Give the notice to the tenant yourself or send it by registered mail. Landlords are not supposed to just put the letter under the door.


Give the tenant proper notice. The law says how much time you have to give tenants before they must move out.
Give the tenant proper notice. The law says how much time you have to give tenants before they must move out.


For tenants
==For tenants==


If a landlord wants you to move out, the law says he or she must follow the rules and put the notice in writing. The landlord cannot just tell you to leave. If you are a tenant and you get an
If a landlord wants you to move out, the law says he or she must follow the rules and put the notice in writing. The landlord cannot just tell you to leave. If you are a tenant and you get an
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Find Out More at the end of this section.
Find Out More at the end of this section.


Eviction: How much notice must a landlord give?
===Eviction: How much notice must a landlord give?===


The landlord must give:
The landlord must give:
• Immediate Notice when the tenant is doing something that is likely  to  be  dangerous to others. The landlord can apply to the Residential Tenancy Branch for something called an Order of Possession.
• 10 day notice when the tenant didn’t pay the rent.
• One month notice when the tenant is too noisy or has too many people living in the place.
• Two month notice when the landlord is going to renovate the apartment, or tear it down, convert it to something else, or live in it. If you get a two-month eviction, check with the Residential Tenancy Branch or the Tenant Resource & Advisory Centre about compensation.


Moving out
*'''Immediate Notice''' when the tenant is doing something that is likely  to  be  dangerous to others. The landlord can apply to the Residential Tenancy Branch for something called an Order of Possession.
*'''10 day notice''' when the tenant didn’t pay the rent.
*'''One month notice''' when the tenant is too noisy or has too many people living in the place.
*'''Two month notice''' when the landlord is going to renovate the apartment, or tear it down, convert it to something else, or live in it. If you get a two-month eviction, check with the Residential Tenancy Branch or the Tenant Resource & Advisory Centre about compensation.
 
==Moving out==


When you want to move out of a house or apartment that you are renting, the law requires that you tell your landlord in writing. This is called giving notice. You have to write your address and the date you will move out and sign your name.
When you want to move out of a house or apartment that you are renting, the law requires that you tell your landlord in writing. This is called giving notice. You have to write your address and the date you will move out and sign your name.
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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.
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.


For example: Raj Gill has a month-to- month  agreement  and  has  decided to move. He plans to move  out of  his apartment on December 31. He will give his notice to his landlord on November 30 at the latest. Giving notice December 1 is too late. If he is late, Raj has to pay an extra month’s rent.
:For example: Raj Gill has a month-to- month  agreement  and  has  decided to move. He plans to move  out of  his apartment on December 31. He will give his notice to his landlord on November 30 at the latest. Giving notice December 1 is too late. If he is late, Raj has to pay an extra month’s rent.


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.
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.
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If you mail the notice via registered mail, make sure you keep the receipt and a copy of the notice. Remember that if the landlord denies you gave proper notice, you will need evidence to prove that you did.
If you mail the notice via registered mail, make sure you keep the receipt and a copy of the notice. Remember that if the landlord denies you gave proper notice, you will need evidence to prove that you did.


Discrimination in renting
==Discrimination in renting==


Sometimes a house or apartment is for rent. The landlord can’t refuse to rent to people because of their gender, age, race, religion, birthplace, sexual orientation (gay, bisexual, or straight), marital or family status (single, married, or living common-law), or mental or physical disability.
Sometimes a house or apartment is for rent. The landlord can’t refuse to rent to people because of their gender, age, race, religion, birthplace, sexual orientation (gay, bisexual, or straight), marital or family status (single, married, or living common-law), or mental or physical disability.
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law. You can complain to the BC Human Rights Tribunal if you think a landlord has discriminated against you.
law. You can complain to the BC Human Rights Tribunal if you think a landlord has discriminated against you.


BC Human Rights Tribunal
'''BC Human Rights Tribunal''' <br>
Vancouver: 604-775-2000
Vancouver: 604-775-2000 <br>
Toll Free: 1-888-440-8844
Toll Free: 1-888-440-8844 <br>
www.bchrt.bc.ca
[http://www.bchrt.bc.ca www.bchrt.bc.ca]
 
For information about the Human Rights Code and how to file a human rights complaint, you can contact the BC Human Rights Coalition.
BC Human Rights Coalition
1202 – 510 West Hastings Street
Vancouver BC V6B 1L8
www.bchrcoalition.org
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


For information about the Human Rights Code and how to file a human rights complaint, you can contact the BC Human Rights Coalition:


'''BC Human Rights Coalition''' <br>
1202 – 510 West Hastings Street <br>
Vancouver BC V6B 1L8 <br>
[http://www.bchrcoalition.org www.bchrcoalition.org]




Buying a home
==Buying a home==


If you want to buy a home, you need to know how much you can afford. Home expenses include the purchase price, legal fees, property taxes, insurance, maintenance, heating costs and others expenses such as repairs.
If you want to buy a home, you need to know how much you can afford. Home expenses include the purchase price, legal fees, property taxes, insurance, maintenance, heating costs and others expenses such as repairs.
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You will need a lawyer or notary public to prepare the documents that transfer legal ownership from the seller to you. Your real estate agent may be able to suggest a lawyer or notary public for you to choose from. Lawyers and notaries can also be found online or in your local phone book.
You will need a lawyer or notary public to prepare the documents that transfer legal ownership from the seller to you. Your real estate agent may be able to suggest a lawyer or notary public for you to choose from. Lawyers and notaries can also be found online or in your local phone book.


Owning a home: bylaws
===Owning a home: bylaws===


When you own your home, you must still obey the city laws. These are called bylaws. They deal with safety and health issues and allowable uses of the property.
When you own your home, you must still obey the city laws. These are called bylaws. They deal with safety and health issues and allowable uses of the property.


They cover everything from rules about building a house to rules about making noise and maintaining fences. To find out more, read Buying a Home in British Columbia, at www.hpo.bc.ca/ files/download/Bulletins/BuyingANewHome. pdf.
They cover everything from rules about building a house to rules about making noise and maintaining fences. To find out more, read Buying a Home in British Columbia, at [http://www.hpo.bc.ca/ files/download/Bulletins/BuyingANewHome. pdf www.hpo.bc.ca/ files/download/Bulletins/BuyingANewHome. pdf].