Difference between revisions of "The Residential Tenancy Act (19:I)"

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== C. Discrimination Against Tenants ==

Although poverty is not a protected ground, a landlord must not discriminate against a (prospective) tenant based on a lawful source of income, such as Income Assistance or similar benefits. The remedy is a complaint under s 21 of the B.C. ''Human Rights Code'', RSBC 1996, c. 210 [HRC]. Section 10(1) of the HRC also prohibits a person from denying tenancy or from discriminating with respect to a term of the tenancy against a person or class of persons because of their race, sexual orientation, colour, ancestry, place of origin, religion, marital status, physical or mental disability, or sex. Note also, that pets are not covered under discrimination rules. See [[Chapter 19: Human Rights]] for more information.

Although poverty is not a protected ground, a landlord must not discriminate against a (prospective) tenant based on a lawful source of income, such as Income Assistance or similar benefits. The remedy is a complaint under s 21 of the B.C. ''Human Rights Code'', RSBC 1996, c. 210 [HRC]. Section 10(1) of the HRC also prohibits a person from denying tenancy or from discriminating with respect to a term of the tenancy against a person or class of persons because of their race, sexual orientation, colour, ancestry, place of origin, religion, marital status, physical or mental disability, or sex. Note also, that pets are not covered under discrimination rules. See [[Governing Legislation and Resources for Human Rights (6:I) | Chapter 19: Human Rights]] for more information.

There are two exceptions: 1.Shared Accommodations

There are two exceptions:

=== 1. Shared Accommodations ===

The law does not always apply when kitchen and bathroom facilities are shared with the owner of that accommodation.

=== 2. Adults Only ===

A landlord cannot refuse to rent to adults because they have children, unless the building or manufactured home park is reserved for people over 55 years old.

== D. Application Fees ==

A potential landlord cannot ask a renter or potential renter for an application fee. If one has paid an application fee and the landlord will not give it back, one can apply for dispute resolution to have it returned. Applicants will need to know the landlord’s proper name and address, and have proof that the fee was paid: see RTA, s 15.

== E. Foreign Students ==

Foreign students should consider how long they plan on studying before signing a fixed-term lease. Students should not sign a fixed-term tenancy that exceeds the time they plan to study. Signing a fixed-term tenancy that extends beyond one’s intended study period can put a tenant into breach, and may result in having to pay liquidated damages and/or any loss of rent incurred by the landlord.

Many foreign students have problems getting back their damage deposits, as some landlords take advantage of the fact the students will be returning overseas after their tenancy ends. As a result, students should make arrangements to appoint someone as their agent if they have to head overseas and have not received their deposits from their ex-landlords.

Some foreign students take furnished rooms by paying “take-over fees” to purchase the furniture and continue the rental agreement. The initial tenancy agreement may have been “taken over” by a dozen students in a row, leading to confusion about who is entitled to the security deposit or the furniture.

@@ Line 99: / Line 99: @@
 == C. Discrimination Against Tenants ==
-Although poverty is not a protected ground, a landlord must not discriminate against a (prospective) tenant based on a lawful source of income, such as  Income Assistance or similar benefits. The remedy is a complaint under s 21 of the B.C. ''Human Rights Code'', RSBC 1996, c. 210 [HRC]. Section 10(1) of the  HRC also prohibits a person from denying tenancy or from discriminating with respect to a term of the tenancy against a person or class of persons because of their race, sexual orientation, colour, ancestry, place of origin, religion, marital status, physical or mental disability, or sex. Note also, that pets are  not covered under discrimination rules. See [[Chapter 19: Human Rights]] for more information.
+Although poverty is not a protected ground, a landlord must not discriminate against a (prospective) tenant based on a lawful source of income, such as  Income Assistance or similar benefits. The remedy is a complaint under s 21 of the B.C. ''Human Rights Code'', RSBC 1996, c. 210 [HRC]. Section 10(1) of the  HRC also prohibits a person from denying tenancy or from discriminating with respect to a term of the tenancy against a person or class of persons because of their race, sexual orientation, colour, ancestry, place of origin, religion, marital status, physical or mental disability, or sex. Note also, that pets are  not covered under discrimination rules. See [[Governing Legislation and Resources for Human Rights (6:I) | Chapter 19: Human Rights]] for more information.
-There are two exceptions: 1.Shared Accommodations
+There are two exceptions:
+=== 1. Shared Accommodations ===
+The law does not always apply when kitchen and bathroom facilities are shared with the owner of that accommodation.
+=== 2. Adults Only ===
+A landlord cannot refuse to rent to adults because they have children, unless the building or manufactured home park is reserved for people over 55 years old.
+== D. Application Fees ==
+A potential landlord cannot ask a renter or potential renter for an application fee. If one has paid an application fee and the landlord will not give it  back, one can apply for dispute resolution to have it returned. Applicants will need to know the landlord’s proper name and address, and have proof that the fee was paid: see RTA, s 15.
+== E. Foreign Students ==
+Foreign students should consider how long they plan on studying before signing a fixed-term lease. Students should not sign a fixed-term tenancy that exceeds the time they plan to study. Signing a fixed-term tenancy that extends beyond one’s intended study period can put a tenant into breach, and may result in having to pay liquidated damages and/or any loss of rent incurred by the landlord.
+Many foreign students have problems getting back their damage deposits, as some landlords take advantage of the fact the students will be returning overseas after their tenancy ends. As a result, students should make arrangements to appoint someone as their agent if they have to head overseas and have not received their deposits from their ex-landlords.
+Some foreign students take furnished rooms by paying “take-over fees” to purchase the furniture and continue the rental agreement. The initial tenancy agreement may have been “taken over” by a dozen students in a row, leading to confusion about who is entitled to the security deposit or the furniture.

Difference between revisions of "The Residential Tenancy Act (19:I)"

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