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Difference between revisions of "Residential Tenancy"
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{{REVIEWEDPLS | reviewer = [https://www.ganapathico.com/our-team/anna-kurt/ Anna Kurt], Ganapathi Law Group|date= July | {{REVIEWEDPLS | reviewer = [https://www.ganapathico.com/our-team/anna-kurt/ Anna Kurt], Ganapathi Law Group|date= July 2023}} {{Dial-A-Law TOC|expanded = home}} | ||
BC’s residential tenancy law applies to most types of rental housing in the province. Learn key aspects of this law, and answers to common questions raised by tenants and landlords. | BC’s residential tenancy law applies to most types of rental housing situations in the province. Learn key aspects of this law, and answers to common questions raised by tenants and landlords. | ||
==What you should know== | ==What you should know== | ||
===BC’s residential tenancy law=== | ===BC’s residential tenancy law=== | ||
Most rental housing in BC is governed by [https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html | Most rental housing in BC is governed by the ''[https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html Residential Tenancy Act]''. This is BC’s main law setting out protections for tenants and landlords. It applies to rental apartments and rented houses, including secondary suites. It also applies to rentals in many other types of housing, such as rented strata units and rented co-op units. | ||
But it doesn’t cover all types of tenancies. For example, tenancies in manufactured home parks are covered by [https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-77/latest/sbc-2002-c-77.html | But it doesn’t cover all types of tenancies. For example, tenancies in manufactured home parks are covered by the ''[https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-77/latest/sbc-2002-c-77.html Manufactured Home Park Tenancy Act]''. | ||
The Residential Tenancy Branch is the BC government agency that administers the ''Residential Tenancy Act''. [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies?keyword=residential&keyword=tenancy&keyword=branch Here's the branch's website]. They help tenants and landlords resolve problems by providing a formal dispute resolution process. We explain this process shortly. | The Residential Tenancy Branch is the BC government agency that administers the ''Residential Tenancy Act''. [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies?keyword=residential&keyword=tenancy&keyword=branch Here's the branch's website]. They help tenants and landlords resolve problems by providing a formal dispute resolution process. We explain this process shortly. | ||
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===Responsibilities of tenants and landlords=== | ===Responsibilities of tenants and landlords=== | ||
Under BC’s residential tenancy law, '''tenants''' are responsible for: | Under BC’s residential tenancy law, '''tenants''' are responsible for: | ||
* paying rent and other fees in the tenancy agreement on time | * paying rent and other fees in the tenancy agreement on time | ||
* keeping the rental unit and common areas clean | * keeping the rental unit and common areas clean | ||
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'''Landlords''' are responsible for: | '''Landlords''' are responsible for: | ||
* making sure the rental unit and the building are reasonably safe, healthy, and suitable to live in | * making sure the rental unit and the building are reasonably safe, healthy, and suitable to live in | ||
* providing a tenancy agreement, condition inspection reports, and giving receipts for rent or other fees paid in cash | * providing a tenancy agreement, condition inspection reports, and giving receipts for rent or other fees paid in cash | ||
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===At the beginning of a tenancy=== | ===At the beginning of a tenancy=== | ||
{| class="wikitable" | {| class="wikitable" | ||
|align="left"|''' | |align="left"|'''Tenant must-do's before renting''' | ||
# Inspect the rental unit carefully, with the landlord, and make sure it’s suitable. | |||
# Read the [tenancy] agreement before signing it. | |||
# Know who the landlord is and get their full name, address, and phone number. | |||
|} | |} | ||
====The tenancy agreement==== | ====The tenancy agreement==== | ||
[https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html#sec12_smooth Under the | ''[https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html#sec12_smooth Under the Residential Tenancy Act]'', a landlord must prepare a written '''tenancy agreement''' for every tenancy. The tenancy agreement must cover several things, including whether the tenancy is periodic (for example, weekly or monthly) or a fixed term, the amount of the rent, when rent is due, what services are included, and the amount of the security deposit. [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/tenancy-agreements The Residential Tenancy Branch website has a tenancy agreement template]. | ||
Both the landlord and tenant must sign and date the tenancy agreement. Within '''21 days''' of entering into the agreement, the landlord must give the tenant a copy of the agreement. | Both the landlord and tenant must sign and date the tenancy agreement. Within '''21 days''' of entering into the agreement, the landlord must give the tenant a copy of the agreement. | ||
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===Ending a tenancy — by the landlord=== | ===Ending a tenancy — by the landlord=== | ||
A landlord can give a tenant a '''notice to end tenancy''' for certain reasons. The tenant can dispute the landlord’s reasons. The most common reasons are explained here. | A landlord can give a tenant a '''notice to end tenancy''' for certain reasons. The tenant can dispute the landlord’s reasons. The most common reasons are explained here. | ||
{| class="wikitable" | |||
|align="left"|'''Notice must be given using the proper form''' | |||
Landlords must give proper notice to tenants if they plan to end a tenancy. There are different notice forms required for different situations. [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/landlord-notice The forms are on the Residential Tenancy Branch website]. There are also rules about how and when a landlord can serve notice. [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/during-a-tenancy/serving-notices-during-tenancy The branch explains them here]. | |||
|} | |||
====For failing to pay rent==== | ====For failing to pay rent==== | ||
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Other reasons a landlord may point to as amounting to '''cause''' include taking part in illegal activity that harms — or is likely to harm — the building or other occupants, or breaking a rule in the tenancy agreement and ignoring a landlord’s written notice. | Other reasons a landlord may point to as amounting to '''cause''' include taking part in illegal activity that harms — or is likely to harm — the building or other occupants, or breaking a rule in the tenancy agreement and ignoring a landlord’s written notice. | ||
====For use by landlord or purchaser or their close family member==== | ====For use by landlord or purchaser or their close family member==== | ||
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If a landlord or purchaser ends a tenancy with this notice but then doesn’t take steps to follow through with the stated plans within a reasonable time, they must compensate the tenant for 12 months’ rent. A tenant must apply to the Residential Tenancy Branch to get this extra compensation. | If a landlord or purchaser ends a tenancy with this notice but then doesn’t take steps to follow through with the stated plans within a reasonable time, they must compensate the tenant for 12 months’ rent. A tenant must apply to the Residential Tenancy Branch to get this extra compensation. | ||
====For demolition or conversion==== | |||
A landlord may want to tear down the building or convert it to condominiums. They must give a tenant '''four months’ notice''' of this. A tenant has 30 days to dispute it. A tenant is entitled to one month’s rent when a landlord issues a four-month notice to end a tenancy. | |||
If a landlord or purchaser ends a tenancy with this notice but then doesn’t take steps to follow through with the stated plans within a reasonable time, or use the place for the stated purpose for at least six months, they must compensate the tenant for 12 months’ rent. A tenant must apply to the branch to get this extra compensation. | |||
{| class="wikitable" | |||
|align="left"|'''New process for renovictions''' | |||
"Renoviction" is a term used to describe an eviction that is carried out to renovate or repair a rental unit. As of 2021, the process changed to end a tenancy for renovations or repairs. The landlord must apply to the Residential Tenancy Branch, which will schedule a hearing. [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/renovictions Learn more]. | |||
|} | |||
===Ending a tenancy — by the tenant=== | ===Ending a tenancy — by the tenant=== | ||
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====Applying for dispute resolution==== | ====Applying for dispute resolution==== | ||
A landlord or tenant [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online | A landlord or tenant can [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online apply online] or [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/contact-the-residential-tenancy-branch at a branch office], unless there isn’t one nearby. Then, [http://www.servicebc.gov.bc.ca/ apply at a Service BC office]. There’s an application fee. [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online/fees-and-fee-waivers The amount depends on the type of application]. | ||
If you apply for dispute resolution, you will receive an information package you must '''serve''' on (give to) the other side, in person or by registered mail. | If you apply for dispute resolution, you will receive an information package you must '''serve''' on (give to) the other side, in person or by registered mail. | ||
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A review may only be considered if: | A review may only be considered if: | ||
* a party couldn’t attend the hearing due to circumstances they couldn’t foresee or control, or | * a party couldn’t attend the hearing due to circumstances they couldn’t foresee or control, or | ||
* a party has new evidence not available at the time of the hearing (meaning it did not exist), or | * a party has new evidence not available at the time of the hearing (meaning it did not exist), or | ||
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A landlord can charge a '''refundable fee''' for keys and other access devices — but not if the key or access device is the tenant’s only way to access the property. They must repay the fee when the tenant returns the key or device. | A landlord can charge a '''refundable fee''' for keys and other access devices — but not if the key or access device is the tenant’s only way to access the property. They must repay the fee when the tenant returns the key or device. | ||
A landlord can charge a '''non-refundable fee''' for things like additional keys, access devices, and garage | A landlord can charge a '''non-refundable fee''' for things like additional keys, access devices, and garage door openers, and to replace these things. They can also charge a non-refundable fee for certain other things, such as a service charge from a financial institution if a tenant’s cheque is returned. | ||
In all cases, the fees can’t be more than the actual cost of the items. | In all cases, the fees can’t be more than the actual cost of the items. | ||
===When can a landlord increase rent?=== | ===When can a landlord increase rent?=== | ||
A landlord can increase rent only once in a 12-month period and only by the amount allowed [https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html#sec40_smooth under the ''Residential Tenancy Act'' | A landlord can increase rent only once in a 12-month period and only by the amount allowed [https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html#sec40_smooth under the ''Residential Tenancy Act]''. The Residential Tenancy Branch website includes a [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/during-a-tenancy/rent-increases rent increase calculator]. Before increasing rent, a landlord must give a tenant three full months’ notice using the form called '''notice of rent increase'''. The landlord must also serve the notice on the tenant in the way the Act requires. | ||
===Can a tenant sublet their unit?=== | ===Can a tenant sublet their unit?=== | ||
A tenant can assign or sublet their tenancy agreement with the '''consent''' of the landlord. The landlord’s consent is always required, but the landlord must not unreasonably withhold consent if the tenant has a fixed-term tenancy of six months or more. | A tenant can assign or sublet their tenancy agreement with the '''consent''' of the landlord. The landlord’s consent is always required, but the landlord must not unreasonably withhold consent if the tenant has a fixed-term tenancy of six months or more. | ||
If a tenant gets a roommate who does not have a tenancy agreement with the landlord, the roommate is not covered by residential tenancy laws and does not have any standing with the landlord. Disputes between tenants and roommates are not handled by the Residential Tenancy Branch. Instead, [https://civilresolutionbc.ca/ the parties would have to go to the Civil Resolution Tribunal] (for disputes up to $5,000) or [ | If a tenant gets a roommate who does not have a tenancy agreement with the landlord, the roommate is not covered by residential tenancy laws and does not have any standing with the landlord. Disputes between tenants and roommates are not handled by the Residential Tenancy Branch. Instead, [https://civilresolutionbc.ca/ the parties would have to go to the Civil Resolution Tribunal] (for disputes up to $5,000) or [https://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters Small Claims Court] (for disputes from $5,000 to $35,000). | ||
===Can a landlord enter a tenant’s rental unit?=== | ===Can a landlord enter a tenant’s rental unit?=== | ||
[https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html#sec29_smooth Under the ''Residential Tenancy Act'' | [https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html#sec29_smooth Under the ''Residential Tenancy Act]'', a landlord can’t enter a tenant’s unit, except in certain specific situations. A landlord can enter a tenant’s unit: | ||
* In an '''emergency''', like a fire or flood. | * In an '''emergency''', like a fire or flood. | ||
* If the landlord gives the tenant between 24 hours and 30 days '''written notice''', saying what date and time they want to come in, and giving a good reason, such as doing repairs or showing the unit to potential tenants or purchasers. | * If the landlord gives the tenant between 24 hours and 30 days '''written notice''', saying what date and time they want to come in, and giving a good reason, such as doing repairs or showing the unit to potential tenants or purchasers. | ||
* If the landlord gets an '''order''' from the Residential Tenancy Branch to enter the rental unit. | * If the landlord gets an '''order''' from the Residential Tenancy Branch to enter the rental unit. | ||
* If the landlord wants to | * If the landlord wants to inspect the rental unit. They can do this once a month — if they give proper notice. | ||
* If the landlord has the tenant’s '''permission'''. | * If the landlord has the tenant’s '''permission'''. | ||
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===What if a tenant’s right to quiet enjoyment is not respected?=== | ===What if a tenant’s right to quiet enjoyment is not respected?=== | ||
[https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html#sec28_smooth Under the ''Residential Tenancy Act'' | [https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html#sec28_smooth Under the ''Residential Tenancy Act]'', a tenant is entitled to '''quiet enjoyment''' of their rental unit. This includes the right to reasonable privacy and to be free from unreasonable disturbance. A landlord can’t interfere, or let other occupants or employees interfere, with a tenant’s right to quiet enjoyment of their unit. Noise, sights, and smells can all interfere with quiet enjoyment. If a tenant has noisy neighbours, they can call the police, as well as the landlord. The outcome in part depends on the municipal noise bylaw where the tenant lives. Some municipalities prohibit noise after a certain time at night. | ||
A tenant can’t withhold rent if their landlord or other tenants interfere with their privacy or quiet enjoyment. However, they can apply for dispute resolution and compensation. | A tenant can’t withhold rent if their landlord or other tenants interfere with their privacy or quiet enjoyment. However, they can apply for dispute resolution and compensation. | ||
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==Who can help== | ==Who can help== | ||
=== | ===Helpful agencies=== | ||
:'''Residential Tenancy Branch''' | |||
:BC government agency that helps tenants and landlords resolve problems. | |||
:Call 1-800-665-8779 | |||
:[https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies Visit website] | |||
''' | :'''Tenant Resource & Advisory Centre (TRAC)''' | ||
:Help and advice for tenants experiencing legal problems. | |||
:Call 1-800-665-1185 | |||
:[https://tenants.bc.ca/ Visit website] | |||
:Landlord BC | |||
:Information and advice for landlords and property managers throughout BC. | |||
:Call 1-888-330-6707 | |||
:[https://landlordbc.ca/ Visit website] | |||
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