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Difference between revisions of "Preparing to Rent"

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Revision as of 23:03, 27 November 2018

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→‎The law in BC
(RTB made policy changes related to roommate situations. People who rent rooms from other tenants are considered occupants and not covered by the RTA.)
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==The law in BC==
==The law in BC==


Tenants in BC are protected by the ''[http://canlii.ca/t/84lm 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.  
If you pay rent for your home, you are most likely protected by the ''Residential Tenancy Act'', SBC 2002, c 78 (RTA) – the law that outlines tenants’ and landlords’ rights and responsibilities. The RTA is a provincial law that applies only to British Columbia (BC). If you have rented in other provinces or countries, do not assume that the same rules apply. After reading this Tenant Survival Guide, you may be surprised at how BC’s tenancy laws differ from tenancy laws around the world.


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.
One of the most important things to understand about the RTA is that it cannot be avoided. All tenants are guaranteed certain legal rights by law, regardless of what their tenancy
agreement says. According to section 5 of the RTA, any term of an agreement that “contracts out” of the RTA is considered unenforceable. If your landlord tries to unfairly reduce your
rights in this way, contact the Tenant Resource & Advisory Centre (TRAC) or the Residential Tenancy Branch (RTB) for more information.


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]].
The RTB is the department of the provincial government in charge of residential tenancy law. The most important service they provide is dispute resolution, which is essentially BC’s
tenant-landlord “court”. With over 1.5 million tenants living in BC, there is never a shortage of residential tenancy law disputes. When tenants and landlords cannot resolve disputes
on their own, they can apply for dispute resolution to have an “arbitrator” make a legally-binding decision on their behalf. The RTB also offers tenants and landlords the following services and resources:
 
* legal information in person, over the phone, and by email;
* website (gov.bc.ca/landlordtenant) and social media;
* online tools, such as a Solution Explorer and Calculators;
* online application process for dispute resolution;
* approved residential tenancy forms;
* Rules of Procedure for Dispute Resolution; and
* Policy Guidelines on key topics.


==Are you covered by the law?==
==Are you covered by the law?==
TRAC
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