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Difference between revisions of "Residential Tenancy"
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{{Dial-A-Law TOC|expanded = housing}} | {{Dial-A-Law TOC|expanded = housing}} | ||
This script has information on residential tenancy. It does not cover every topic for all tenants and landlords. Instead, it gives other information sources, including the [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy Residential Tenancy Branch]—called the Branch in this script. This BC government agency administers the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/02078_01 Residential Tenancy Act]'', (called the Act—it’s the main law in this area) and the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/477_2003 Residential Tenancy Regulation]''. The Branch also provides several important services to tenants and landlords. Finally, this script does not cover tenancies in manufactured home parks, but it gives a link at the end of the script to the Branch guide on this topic. | This script has information on residential tenancy. It does not cover every topic for all tenants and landlords. Instead, it gives other information sources, including the [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy Residential Tenancy Branch]—called the '''Branch''' in this script. This BC government agency administers the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/02078_01 Residential Tenancy Act]'', (called the Act—it’s the main law in this area) and the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/477_2003 Residential Tenancy Regulation]''. The Branch also provides several important services to tenants and landlords. Finally, this script does not cover tenancies in manufactured home parks, but it gives a link at the end of the script to the Branch guide on this topic. | ||
==What are tenants responsible for?== | ==What are tenants responsible for?== | ||
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*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. | ||
*Doing repairs and keeping the rental unit and building in good condition. If a landlord won’t make a necessary repair, a tenant should first talk to the landlord and then make a written request to the landlord to make the repair. If that doesn’t work, the tenant should then apply for dispute resolution (explained below). Tenants should not hold back rent or pay for the repairs, hoping that the landlord will pay them back—unless the landlord has agreed in writing to do so. | *Doing [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/during-a-tenancy/repairs-and-maintenance repairs] and keeping the rental unit and building in good condition. If a landlord won’t make a necessary repair, a tenant should first talk to the landlord and then make a written request to the landlord to make the repair. If that doesn’t work, the tenant should then apply for dispute resolution (explained below). Tenants should not hold back rent or pay for the repairs, hoping that the landlord will pay them back—unless the landlord has agreed in writing to do so. | ||
*Ensuring that the rental unit and building has proper heating, plumbing, electricity, locks, walls, floors, and ceilings (with no water leaks or holes). Maintaining anything included in the tenancy agreement, such as fridge, stove, laundry facilities, garages, and storage sheds. A landlord can take away a service (but not an essential service) if they give 30 days’ written notice to the tenant and reduce the rent by the value of the cancelled service. | *Ensuring that the rental unit and building has proper heating, plumbing, electricity, locks, walls, floors, and ceilings (with no water leaks or holes). Maintaining anything included in the tenancy agreement, such as fridge, stove, laundry facilities, garages, and storage sheds. A landlord can take away a service (but not an essential service) if they give 30 days’ written notice to the tenant and reduce the rent by the value of the cancelled service. | ||
*Paying the utility bills if utilities are included in the rent. | *Paying the utility bills if utilities are included in the rent. | ||
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'''For cause'''—the landlord must give the tenant one month’s notice in this case. The most common cause is repeated late payment of rent. Other common causes are disturbing other occupants; seriously damaging the rental unit or the building; having too many people living in the rental unit; taking part in illegal activity that harms — or is likely to harm—the landlord, building, or other occupants of the building; or breaking a rule in the tenancy agreement and ignoring a landlord’s written notice. | '''For cause'''—the landlord must give the tenant one month’s notice in this case. The most common cause is repeated late payment of rent. Other common causes are disturbing other occupants; seriously damaging the rental unit or the building; having too many people living in the rental unit; taking part in illegal activity that harms — or is likely to harm—the landlord, building, or other occupants of the building; or breaking a rule in the tenancy agreement and ignoring a landlord’s written notice. | ||
'''For | '''For demolition, renovation or repair, or conversion'''—a landlord must give a tenant [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb29.pdf 4 months’ notice] of this. A tenant has 30 days to dispute it. A landlord may want to renovate or tear down the building or convert it to condominiums. A tenant is entitled to one month’s rent when a landlord issues a 4-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 6 months, they must compensate the tenant for 12 months’ rent. Tenants must apply to the Branch to get this extra compensation. | |||
A tenant has [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb28.pdf a right of first refusal] to enter into a new tenancy agreement at a rent set by the landlord if the landlord ends their tenancy to renovate or repair the rental unit. This right of first refusal applies only to a rental unit in a residential property with 5 or more units. | |||
'''For use by landlord or purchaser or their close family member'''—a landlord must give a tenant [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb32.pdf 2 months’ notice] of this. A tenant has 15 days to dispute it. A tenant is entitled to one month’s rent when a landlord issues a 2-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, they must compensate the tenant for 12 months’ rent. Tenants must apply to the Branch to get this extra compensation. | |||
==Rent increases== | ==Rent increases== | ||
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==Tenant’s right to sublet== | ==Tenant’s right to sublet== | ||
Tenants 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 6 months or more. | Tenants 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 6 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 the Act and does not have any standing with the landlord. Disputes between tenants and roommates are not handled by the Branch. Instead, the parties would have to go to the [https://civilresolutionbc.ca/ Civil Resolution Tribunal] (for disputes up to $5000) or [http://www.smallclaimsbc.ca/ small claims court] (for disputes from $5001 to $35,000). | |||
==Tenant’s right to quiet enjoyment and privacy== | ==Tenant’s right to quiet enjoyment and privacy== | ||
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==Dispute resolution== | ==Dispute resolution== | ||
Dispute resolution is the process that the Act uses to solve residential tenancy problems. It involves a hearing, like a court hearing, but less formal. Hearings are usually by phone teleconference. Hearings are booked to last one hour. Both landlords and tenants can explain their side of the case and call witnesses to do the same. The time limits to apply for dispute resolution depend on the type of dispute. The Branch [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution vwebsite] explains how to apply for dispute resolution, how to tell, or notify, the other side of the hearing, how to prepare for a hearing, and how to ask for review of a decision. | Dispute resolution is the process that the Act uses to solve residential tenancy problems. It involves a '''hearing''', like a court hearing, but less formal. Hearings are usually by phone teleconference. Hearings are booked to last one hour. Both landlords and tenants can explain their side of the case and call witnesses to do the same. The time limits to apply for dispute resolution depend on the type of dispute. The Branch [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution vwebsite] explains how to apply for dispute resolution, how to tell, or notify, the other side of the hearing, how to prepare for a hearing, and how to ask for review of a decision. | ||
Apply for dispute resolution [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/applying-for-dispute-resolution online] or at a [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/contact-the-residential-tenancy-branch Branch office], unless there isn’t one near you. Then, apply at a [http://www.servicebc.gov.bc.ca/ Service BC office]. There’s a non-refundable [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/applying-for-dispute-resolution/fees-and-fee-waivers application fee] and the total fee depends on the application. You can ask the Branch to [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/applying-for-dispute-resolution/fees-and-fee-waivers waive] (cancel) the fee if you can’t pay. You can also ask the Branch to make the other party (landlord or tenant) pay you back for the fee, if you win the dispute. If you apply for dispute resolution, you will receive an information package that you must serve on (give to) the other side, in person or by registered mail. | Apply for dispute resolution [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/applying-for-dispute-resolution online] or at a [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/contact-the-residential-tenancy-branch Branch office], unless there isn’t one near you. Then, apply at a [http://www.servicebc.gov.bc.ca/ Service BC office]. There’s a non-refundable [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/applying-for-dispute-resolution/fees-and-fee-waivers application fee] and the total fee depends on the application. You can ask the Branch to [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/applying-for-dispute-resolution/fees-and-fee-waivers waive] (cancel) the fee if you can’t pay. You can also ask the Branch to make the other party (landlord or tenant) pay you back for the fee, if you win the dispute. If you apply for dispute resolution, you will receive an information package that you must serve on (give to) the other side, in person or by registered mail. | ||
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A group of tenants with the same problem with the same landlord can apply as a group. | A group of tenants with the same problem with the same landlord can apply as a group. | ||
==Serving and enforcing Branch orders== | |||
After a hearing, an arbitrator produces a decision document. In some cases, it also produces an order. There are 2 types of orders: monetary and possession. The Branch does not enforce its orders. That is [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/after-the-hearing/serving-and-enforcing-orders done by courts]. | |||
'''Enforcing a monetary order'''—after the review period has passed and a monetary order has not been suspended, it can be enforced in [http://www.smallclaimsbc.ca/ small claims court]. You must give the small claims court registry your original monetary order and proof that you served it on the other party. | |||
'''Enforcing an order of possession'''—the purpose of an order of possession is to gain vacant possession of the rental premises. The landlord should first give a copy of the order to each person named in the order. If a tenant does not comply with the order, the landlord must not try to physically remove the tenant. Instead, after the review period has passed and the order of possession has not been suspended, a landlord can apply to the [http://www.courts.gov.bc.ca/supreme_court/ BC Supreme Court] to get a writ of possession. It authorizes the landlord to hire a court bailiff to lawfully remove the tenant. | |||
==Reviewing a Branch decision== | |||
Landlords and tenants can [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/after-the-hearing/review-clarify-or-correct-a-decision ask the Branch to review, clarify or correct a the decision]—but only if one or more of the following cases apply: | Landlords and tenants can [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/after-the-hearing/review-clarify-or-correct-a-decision ask the Branch to review, clarify or correct a the decision]—but only if one or more of the following cases apply: | ||
*they couldn’t attend the hearing due to circumstances they couldn’t foresee or control. | *they couldn’t attend the hearing due to circumstances they couldn’t foresee or control. | ||
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[updated | [updated July 2018] | ||
'''The above was last reviewed for accuracy by Anna Kurt and edited by John Blois.''' | '''The above was last reviewed for accuracy by Anna Kurt and edited by John Blois.''' | ||
