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Difference between revisions of "Preparing to Rent"
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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. | 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 | A dispute resolution hearing is like a landlord-tenant "court." You and your landlord explain your problem to a arbitrator, who is hired by the BC government. The arbitrator decides what to do about the problem, based on your evidence and what the law says. The arbitrator's decision is legally binding. For more information on dispute resolution hearings, see the section [[Dispute Resolution for Tenants|Dispute Resolution]]. | ||
==Are you covered by the law?== | ==Are you covered by the law?== | ||
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'''Hotels''': Hotel tenants are protected by the ''Residential Tenancy Act'' if the hotel is the tenant's primary residence. | '''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 ''[http://canlii.ca/t/84ll 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 for Tenants|Other Resources]] section or look at the legislation on their website at [http://www | '''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 ''[http://canlii.ca/t/84ll 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 for Tenants|Other Resources]] section or look at the legislation on their website at [http://www.gov.bc.ca/landlordtenant www.gov.bc.ca/landlordtenant].) | ||
'''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. | '''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. | ||
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===Discrimination=== | ===Discrimination=== | ||
A landlord cannot discriminate against you or refuse to rent to you because of your race, colour, ancestry, place of origin, religion, sex, sexual orientation, source of income, or age ( | A landlord cannot discriminate against you or refuse to rent to you because of your race, colour, ancestry, place of origin, religion, sex, sexual orientation, source of income, or age (19 years or older). The landlord also cannot discriminate against you if you are married or not married, if you have children, or if you have a disability. | ||
''There are two exceptions:'' | ''There are two exceptions:'' | ||
*'''Shared accommodation''': The law does not always apply when cooking, sleeping or bathroom facilities are shared. For example, if a woman wants to rent a room in her house only to another woman, she may be allowed to discriminate in this way. | *'''Shared accommodation''': The law does not always apply when cooking, sleeping or bathroom facilities are shared. For example, if a woman wants to rent a room in her house only to another woman, she may be allowed to discriminate in this way. | ||
* '''Adults only''': A landlord cannot refuse to rent to you because you have children, unless the building is reserved for people | * '''Adults only''': A landlord cannot refuse to rent to you because you have children, unless the building is reserved for people 55 years or older. It's illegal for a landlord to advertise “adult only” or to write “adult only” in a tenancy agreement, unless the building is for tenants 55 years or older. | ||
==Application fees== | ==Application fees== | ||
A potential landlord cannot ask you to pay a fee to simply apply to rent a place. If you pay an application fee and the landlord will not give it back to you, you can apply for dispute resolution to have it returned. At a dispute resolution hearing you can remind the | A potential landlord cannot ask you to pay a fee to simply apply to rent a place. If you pay an application fee and the landlord will not give it back to you, you can apply for dispute resolution to have it returned. At a dispute resolution hearing you can remind the arbitrator that the application fee was collected from you illegally and should be returned. Of course you need to know the | ||
landlord's proper legal name and address and have proof that you paid the fee. Many potential tenants pay these fees in cash and do not know to whom they are paying the fees. Therefore, it is best to not pay an application fee and not rent from someone who asks for it. Take it as an indication of problems to come. (See also the section on [[Making Your Tenancy Agreement#Deposits and paying rent|Deposits and paying rent]].) ''See section 15 of the [[Residential Tenancy Act|RTA]].'' | landlord's proper legal name and address and have proof that you paid the fee. Many potential tenants pay these fees in cash and do not know to whom they are paying the fees. Therefore, it is best to not pay an application fee and not rent from someone who asks for it. Take it as an indication of problems to come. (See also the section on [[Making Your Tenancy Agreement#Deposits and paying rent|Deposits and paying rent]].) ''See section 15 of the [[Residential Tenancy Act|RTA]].'' | ||
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Remember that you are entering into a contract—a business deal with a landlord. It is important to make sure everything about the deal is clear from the beginning so that there is little chance of an argument or dispute later. | Remember that you are entering into a contract—a business deal with a landlord. It is important to make sure everything about the deal is clear from the beginning so that there is little chance of an argument or dispute later. | ||
}} | }} | ||
==Renting for the first time? Take TRAC's Online Course!== | |||
TRAC has a free online course called Renting it Right, which can help you find rental housing and understand your legal rights. The course is designed for first-time renters, and covers topics such as understanding your needs and preferences, searching for housing, applying to rent a place, signing a tenancy agreement, and moving in. Throughout the course, you can complete activities to help you secure the right place. Examples of activities include: | |||
*Creating a monthly budget | |||
*Preparing a list of references | |||
*Ordering your credit report | |||
*Writing a cover letter | |||
*Thinking about potential roommates | |||
By completing the course and passing the final exam, students earn a certificate that can be presented to landlords with a rental application. This is a great option if you do not have rental references! | |||
Register for free at [http://www.RentingitRight.ca www.RentingitRight.ca]. | |||
== Legislation and links == | == Legislation and links == | ||
