Preparing to Rent

Do trust your instincts—if your first meeting with a potential landlord is not good, it’s likely you’ll have problems with that person and should not rent from them. Don’t sign an agreement or pay a deposit unless you are absolutely sure you want to move in to the place.

The law in BC

Tenants in BC are protected by the Residential Tenancy Act. The Act is the law that spells out the rights and responsibilities of tenants and landlords. Don’t assume that the laws in other provinces are the same as in British Columbia.

The Residential Tenancy Branch is the government office that helps with problems between landlords and tenants. Residential Tenancy Branch staff will give information about the law to tenants and landlords in BC. They can help you by explaining the law to you, and in some cases, by calling your landlord on your behalf. Residential Tenancy Branch offices also hold dispute resolution hearings for landlords and tenants when they cannot resolve disputes on their own.

A dispute resolution hearing is like a landlord-tenant "court". You and your landlord explain your problem to a dispute resolution officer, who is hired by the BC government. The dispute resolution officer decides what to do about the problem, based on your evidence and what the law says. The dispute resolution officer’s decision is legally binding. For more information on dispute resolution hearings, see the section Dispute Resolution.

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.

Roommates: If you share a place with the owner you are not covered by the Residential Tenancy Act.

Rooming houses: If you live in a rooming house and do not share bathroom or kitchen facilities with the owner you are protected by the Residential Tenancy Act.

Hotels: Hotel tenants are protected by the Residential Tenancy Act if the hotel is the tenant's primary residence.

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 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 section or look at the legislation on their website at www.rto.gov.bc.ca.

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.

The Residential Tenancy Act does not apply to:

• 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;
• people living in care facilities that fall under the Community Care Facility Act, the Continuing Care Act, the Hospital Act, or the Mental Health Act.

There are other situations when the Act does not apply. See Section 4 of the RTA.

What a landlord can ask

According to "Privacy Guidelines For Landlords and Tenants" released by the Office of the Information & Privacy Commissioner for British Columbia:

• landlords should not require that tenants provide their Social Insurance Number on either tenancy application forms or rental agreements;
• a landlord should not demand a tenant’s banking information;
• a landlord cannot request a tenant’s credit card information as a condition of renting a property;

++ requiring a criminal records check is not reasonably necessary; and ++ a landlord may ask to examine a person’s driver’s licence in order to verify the person’s identity. However, the landlord must not write down or photocopy this personal information. If a landlord refuses to rent to you because you didn’t provide this personal information, you have the right to report the landlord to the Office of the Information & Privacy Commissioner for British Columbia. To read the full privacy guidelines, see the following link www.tenants.bc.ca/ main/?privacy.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Tenant Resource & Advisory Centre, 2012.

Tenant Survival Guide © TRAC Tenant Resource & Advisory Centre is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

In law, a form of possession of property in which a "trustee" keeps and manages property for the benefit of another person, the "beneficiary," without owning that property and usually without acquiring an interest in that property other than as payment for their services. The trustee holds the property in trust for the beneficiary. See "constructive trust," "ownership," "possession" and "resulting trust."

Processes used to resolve legal disputes, including negotiation, collaborative settlement processes, mediation, arbitration and litigation.

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

(1) In law, a requirement or obligation to honour and abide by something, such as a contract or order of the court. A judge's order is "binding" in the sense that it must be obeyed or a certain punishment will be imposed. (2) The principle that a higher court's decision on a point of law must be followed by a lower court. See "contempt of court" and "precedent."

The branch of law dealing with the interpretation and enforcement of contracts. The principles of contract law are usually, but not always, applicable to family law agreements.

The geographic place where a person permanently lives. This is different from a person's "domicile" in that a person's residence is more fixed and less changeable in nature. A person's residence can also have an impact on a court's authority to hear and decide a legal action. See "domicile" and "jurisdiction."

An act; a statute; a written law made by a government. See "regulations."

Short for the Child Support Guidelines, a regulation to the federal Divorce Act, adopted by each province and territory except Quebec, that sets the amount of child support a parent or guardian must pay, usually based on the person's income and the number of children involved.

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

Something which can be owned. See "chattels" and "real property."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."