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Difference between revisions of "The Residential Tenancy Act (19:I)"
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The Residential Tenancy Act (19:I) (view source)
Revision as of 20:12, 15 November 2022
, 20:12, 15 November 2022→3. Excluded Premises and Agreements
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Where a tenant is living in a cooperative housing facility and is paying rent, but is not a member of the cooperative, their rental unit may be subject to the ''RTA'' if the arrangement appears to fit the definition of a tenancy. More information can be found at the website of the Co-operative Housing Federation of BC at www.chf.bc.ca. | Where a tenant is living in a cooperative housing facility and is paying rent, but is not a member of the cooperative, their rental unit may be subject to the ''RTA'' if the arrangement appears to fit the definition of a tenancy. More information can be found at the website of the Co-operative Housing Federation of BC at www.chf.bc.ca. | ||
In situations where a tenant, named in the tenancy agreement, shares accommodations with a roommate who does not have an agreement with the landlord, only the tenant is protected by the ''RTA''. Any roommates who do not have a tenancy agreement with the landlord are not covered by the ''RTA'' and do not have any recourse against the landlord under the ''RTA''. Disputes between a tenant and a roommate cannot be brought to the RTB but may be brought to the Civil Resolution Tribunal if the disputed monetary amount is under $5000. Otherwise, the dispute can be brought to Small Claims Court if it is below $35,000, or to the Supreme Court if it is over | In situations where a tenant, named in the tenancy agreement, shares accommodations with a roommate who does not have an agreement with the landlord, only the tenant is protected by the ''RTA''. Any roommates who do not have a tenancy agreement with the landlord are not covered by the ''RTA'' and do not have any recourse against the landlord under the ''RTA''. Disputes between a tenant and a roommate cannot be brought to the RTB but may be brought to the Civil Resolution Tribunal if the disputed monetary amount is under $5000. Otherwise, the dispute can be brought to Small Claims Court if it is below $35,000, or to the Supreme Court if it is over $35,000. For more information, see Policy Guideline 19: Assignment and Sublet. | ||
The determination of whether there is a tenancy depends on the circumstances of each case and can only be made by an RTB Arbitrator at a dispute resolution hearing. | The determination of whether there is a tenancy depends on the circumstances of each case and can only be made by an RTB Arbitrator at a dispute resolution hearing. | ||
A person who is not a tenant (i.e. someone whose housing is excluded from the ''RTA'' or who is an occupant, such as a roommate) may have a licence to occupy. Licensees’ rights and obligations are governed by common law. A licensee can be asked to leave (i.e. be evicted) without a specific reason, but the licensor must give reasonable notice (written or verbal). This can be as short as a few days. Over two weeks or a month is almost always reasonable. A person who has had their personal property seized should consider taking the position that they are a tenant and apply to the Residential Tenancy Branch for dispute resolution seeking an order for the return of personal property. If the Arbitrator finds that the ''RTA'' does not apply, the application will be dismissed. | A person who is not a tenant (i.e. someone whose housing is excluded from the ''RTA'' or who is an occupant, such as a roommate) may have a licence to occupy. Licensees’ rights and obligations are governed by common law. A licensee can be asked to leave (i.e. be evicted) without a specific reason, but the licensor must give reasonable notice (written or verbal). This can be as short as a few days. Over two weeks or a month is almost always reasonable. A person who has had their personal property seized should consider taking the position that they are a tenant and apply to the Residential Tenancy Branch for dispute resolution seeking an order for the return of personal property. If the Arbitrator finds that the ''RTA'' does not apply, the application will be dismissed. | ||
Seizing a licensee’s personal property is not lawful unless the licensor already has a court order. If the licensee has been locked out or has had goods seized without notice, they could ask a police officer for assistance or sue in Small Claims Court for an order for the return of goods and/or monetary compensation. A licensee not covered by the ''RTA'' may have a remedy under the common law, the ''Hotel Keeper Act'', RSBC 1996, c 206, the ''Commercial Tenancy Act'', RSBC 1996, c 57 (under which “tenant” is defined as including “occupant”), or the regulations authorized by these statutes. | Seizing a licensee’s personal property is not lawful unless the licensor already has a court order. If the licensee has been locked out or has had goods seized without notice, they could ask a police officer for assistance or sue in Small Claims Court for an order for the return of goods and/or monetary compensation. A licensee not covered by the ''RTA'' may have a remedy under the common law, the ''Hotel Keeper Act'', RSBC 1996, c 206, the ''Commercial Tenancy Act'', RSBC 1996, c 57 (under which “tenant” is defined as including “occupant”), or the regulations authorized by these statutes. | ||
