Living in Peace When Renting
DO: check if your municipality has a “Standards of Maintenance” or “Good Neighbour” Bylaw. If so, you might be able to have a Bylaw Officer investigate your repair and maintenance concerns.
DO NOT: ignore any repair and maintenance issues you encounter. If the problem gets worse, you could be held responsible for at least some of the associated costs.
Landlord repair and maintenance responsibilities
According to section 32(1) of the Residential Tenancy Act (RTA), rental properties must comply with health, safety, and housing standards required by law. Landlords are generally responsible for the following repair and maintenance issues:
- heating;
- plumbing;
- electricity;
- locks;
- light fixtures in common areas;
- walls, floors, and ceilings;
- fire doors and fire escapes;
- smoke detectors;
- intercoms;
- elevators;
- painting at reasonable intervals;
- routine yard maintenance, such as cutting grass and clearing snow, in multi-unit residential complexes;
- infestations and pests, such as bed bugs;
- serious mold issues; and
- anything included in your tenancy agreement, such as the:
- fridge
- stove
- laundry facilities
- security system
- furniture
- garage
- storage facilities
When something needs to be fixed in your rental unit, let your landlord know in writing as soon as possible. If you delay and the problem gets worse, you could be held responsible for at least some of the associated costs – even if the original problem was not your fault. For example, if you do not immediately report bed bugs and the infestation spreads, you may have to pay for at least some of the treatment.
It is important to document the repair issue and your attempts to contact your landlord. If your landlord refuses to fix the problem, you will have to apply for dispute resolution through the Residential Tenancy Branch. Having evidence that shows the issue, and that you informed your landlord of the issue – such as letters, photos, videos, and witnesses – will increase your chances of obtaining an order requiring your landlord to make the repair. You can also apply for monetary compensation from your landlord for ignoring your request, as well as a rent reduction until the repair has been completed.
Tenant repair and maintenance responsibilities
According to section 32(2) of the Residential Tenancy Act (RTA), you have a legal responsibility to maintain reasonable health, cleanliness, and sanitary standards in your rental unit. Tenants are generally responsible for the following repair and maintenance issues:
- reasonable maintenance of carpets during the tenancy;
- steam cleaning or shampooing the carpets at the end of tenancies lasting one year or longer;
- steam cleaning or shampooing the carpets at the end of tenancies of any length involving pets or smoking;
- cleaning marks on the walls;
- removal of garbage from the rental unit;
- replacing light bulbs;
- routine yard maintenance, such as cutting grass and clearing snow, if you have exclusive use of the yard;
- minor mold issues; and
- repairing excessive damage from nail holes.
See your tenancy agreement and Residential Tenancy Branch (RTB) Policy Guideline 1 for more information.
Improving your rental unit: If you want to make changes to your rental unit, such as painting the walls, ask your landlord for written consent. Making changes without permission could result in you owing your landlord some money, or having to restore the unit back to its original condition before moving out.
Wear and tear: Even the most well-behaved and respectful tenants can live in rental units that start falling apart due to old age. According to section 32(4) of the RTA, you are not responsible for wear and tear that results from reasonable use of your rental unit. However, there is a difference between “reasonable wear and tear” and “damage”. Reasonable wear and tear refers to deterioration due to aging or other natural forces. If you, your guests, or your pets cause damage beyond wear and tear, such as a broken window, you are responsible for that damage. Contact your landlord and work out a solution for how the repair will be completed. In most cases, your landlord will ask for money to hire a qualified professional. See RTB Policy Guideline 1 for more information.
Emergency repairs
For a repair to be considered an “emergency” as defined by section 33 of the Residential Tenancy Act (RTA), it must be all three of the following:
- urgent;
- necessary for the health or safety of people or property; and
- made for the purpose of repairing one of the following:
- major leaks in pipes or the roof
- damaged or blocked water or sewer pipes or plumbing fixtures
- the primary heating system
- damaged or defective locks that give access to a rental unit
- the electrical systems
Your landlord is required to give you an emergency contact number in writing, or post it in a common area of your building. If your situation meets the RTA definition of an “emergency”, try calling the emergency contact number at least twice, leaving a reasonable amount of time in between each attempt.
If you are unable to reach the emergency contact person, you have the right to cover the cost of the repair and ask your landlord to pay you back. If you choose this option, do your best to find a fair price by researching multiple companies. To reduce the chances of a future dispute with your landlord, make sure to keep copies of your research efforts, receipts, and related written communication.
Dispute resolution: Taking on emergency repairs can be complicated and expensive. If you do not have the money or time to deal with the repairs yourself, or you are worried that you may not follow the proper steps, apply for dispute resolution to request an emergency repair order. The Residential Tenancy Branch considers emergency repairs a top priority when scheduling hearings.
Standards of Maintenance
The Residential Tenancy Act (RTA) is the most important law for you to understand, but it is not the only law that applies to tenants and landlords in BC. This is especially true when it comes to repairing and maintaining rental properties. Although the RTA states in general terms that landlords must comply with health, safety, and housing standards required by law, it does not do a good job of explaining what that means.
For a more detailed description of your landlord’s legal responsibility to repair and maintain your rental property, you will need to research one of your City’s bylaws – usually referred to as a “Standards of Maintenance” or “Good Neighbour” bylaw. These local laws go into greater detail than the RTA on heating systems, hot water, infestations, exterior walls, roofing, elevators, fire escapes, etc. If your landlord is refusing to make certain repairs, your City might be willing to send a Bylaw Officer to inspect your property, issue warnings and fines to your landlord, or otherwise enforce the bylaw. Alternatively, the bylaw could be used as evidence for a repair order at a Residential Tenancy Branch (RTB) dispute resolution hearing.
Unfortunately, not all Cities have Standards of Maintenance / Good Neighbour bylaws, and some City bylaws are better than others. For a list of such bylaws from around the province, visit TRAC’s webpage on Repairs and Maintenance.
Illegal Secondary Suites: If your City finds out that you live in an illegal secondary suite, they could force your landlord to evict you by using a One Month Eviction Notice for Cause under section 47(1)(k) of the RTA. For this reason, if your landlord refuses to make repairs to your illegal suite, your safest legal option may be to apply for a repair order through the RTB. Illegal secondary suites are covered under the RTA and the RTB will not inform your City that you are living in one.
Services and facilities
Essential services and facilities
Your landlord cannot reduce or restrict any service or facility that is essential and necessary to your rental unit and, if taken away, would make it impossible or impractical for you to live there. An example of an essential service may be an elevator in a multi-storey apartment building. See section 27(1) of the Residential Tenancy Act (RTA) and Residential Tenancy Branch Policy Guideline 22 for more information.
If you have a problem with an essential service or facility, ask your landlord in writing to correct the situation. If that does not work, apply for dispute resolution for an order requiring your landlord to restore the essential service or facility. You can also apply for monetary compensation from your landlord for ignoring your request, as well as a rent reduction until the service or facility has been restored.
Alternatively, if the issue meets the RTA definition of “emergency repair” – for example, the primary heating system breaks during the winter – you can consider following the emergency repair procedures described in section 33 of the RTA.
Non-essential services and facilities
Your landlord has the option to reduce or restrict non-essential services or facilities, but only if they provide 30 days written notice on an approved form and reduce your monthly rent by an amount equal to the value of the service or facility. For example, if internet was always provided as part of your tenancy agreement but has now been cancelled by your landlord, your rent should be reduced by the cost of a comparable internet package. See section 27(2) of the RTA for more information.
If your landlord reduces or restricts a non-essential service or facility without providing 30 days written notice and a rent reduction, do not withhold rent. Instead, you will have to resolve the problem by writing your landlord and explaining the law, or applying for dispute resolution for an order that they comply with your tenancy agreement.
Legislation and links
Legislation
Links
- Residential Tenancy Branch
- RTB Policy Guideline 6 - Right to Quiet Enjoyment
- RTB Policy Guideline 7 - Locks and Access
Resources and forms
- TRAC Template Demand Letters - Loss of Quiet Enjoyment, Landlord's Right to Enter a Rental Unit Restricted
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Tenant Resource & Advisory Centre, 2012. |
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 Tenant Survival Guide © TRAC Tenant Resource & Advisory Centre is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.
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