Preparing to Rent: Difference between revisions
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{{DEMOWARNING}} | {{DEMOWARNING}} | ||
{{Tenant Survival Guide TOC}} | {{Tenant Survival Guide TOC}} | ||
''Do'' trust your instincts—if your first meeting with a potential landlord is not good, | ''Do'' trust your instincts—if your first meeting with a potential landlord is not good, it's likely you'll have problems with that person and should not rent from them. ''Don't'' sign an agreement or pay a deposit unless you are absolutely sure you want to move in to the place. | ||
==The law in BC== | ==The law in BC== | ||
Tenants in BC are protected by the ''[[Residential Tenancy Act]]''. The Act is the law that spells out the rights and responsibilities of tenants and landlords. | Tenants in BC are protected by the ''[[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. | ||
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 dispute resolution officer, who is hired by the BC government. The dispute resolution officer decides what to do about the problem, based on your evidence and what the law says. The dispute resolution | A dispute resolution hearing is like a landlord-tenant "court". You and your landlord explain your problem to a dispute resolution officer, who is hired by the BC government. The dispute resolution officer decides what to do about the problem, based on your evidence and what the law says. The dispute resolution officer'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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According to "Privacy Guidelines For Landlords and Tenants" released by the Office of the Information & Privacy Commissioner for British Columbia: | According to "Privacy Guidelines For Landlords and Tenants" released by the Office of the Information & Privacy Commissioner for British Columbia: | ||
*a landlord should not require that a tenant provide their Social Insurance Number on tenancy application forms or rental agreements, | *a landlord should not require that a tenant provide their Social Insurance Number on tenancy application forms or rental agreements, | ||
*a landlord should not demand a | *a landlord should not demand a tenant's banking information, | ||
*a landlord cannot request a | *a landlord cannot request a tenant's credit card information as a condition of renting a property, and | ||
*requiring a criminal records check is not reasonably necessary. | *requiring a criminal records check is not reasonably necessary. | ||
A landlord may ask to examine a | A landlord may ask to examine a person's driver's licence in order to verify the person's identity. However, the landlord must not write down or photocopy this personal information. | ||
If a landlord refuses to rent to you because you | If a landlord refuses to rent to you because you didn't provide personal information that a landlord should not require, you have the right to report the landlord to the Office of the Information & Privacy Commissioner for British Columbia. To read the full privacy guidelines, see [http://www.tenants.bc.ca/main/?privacy www.tenants.bc.ca/main/?privacy]. | ||
===Discrimination=== | ===Discrimination=== | ||
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*'''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 over 55 years old. | * '''Adults only''': A landlord cannot refuse to rent to you because you have children, unless the building is reserved for people over 55 years old. 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 over 55 years old. | ||
==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 dispute resolution officer that the application fee was collected from you illegally and should be returned. Of course you need to know 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 dispute resolution officer 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]].'' | |||
==Information for visiting students== | ==Information for visiting students== | ||
If you are visiting from another country and renting in British Columbia, it is important to know your rights and obligations under the ''Residential Tenancy Act''. If you are not planning on staying for a year, then you should not sign a lease or agreement that says you will stay for a year. Some landlords rent to visiting students knowing that they | If you are visiting from another country and renting in British Columbia, it is important to know your rights and obligations under the ''Residential Tenancy Act''. If you are not planning on staying for a year, then you should not sign a lease or agreement that says you will stay for a year. Some landlords rent to visiting students knowing that they won't stay for a year, but make them sign a one-year lease anyway. The landlord then uses the broken agreement as an excuse to keep the student's security deposit. Another common problem for visiting students is landlords who don't return security deposits. Some landlords take advantage of the fact that the student will be returning to another country and unable to file for dispute resolution for a return of their security deposit. | ||
===If you are renting during your extended stay=== | ===If you are renting during your extended stay=== | ||
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*Make sure you have a written tenancy agreement with the owner or manager of the property. | *Make sure you have a written tenancy agreement with the owner or manager of the property. | ||
*Do not take over a rental from another student who is renting and leaving the country without having your own agreement in writing with the landlord. | *Do not take over a rental from another student who is renting and leaving the country without having your own agreement in writing with the landlord. | ||
*Do not sign any documents that you | *Do not sign any documents that you don't fully understand. | ||
*Do the move-in and move-out inspection reports with your landlord. | *Do the move-in and move-out inspection reports with your landlord. | ||
*Designate someone who lives in BC to act as your agent in dispute resolution in case you need to return to your home country before the landlord has returned your security deposit. Contact the Residential Tenancy Branch to do this. | *Designate someone who lives in BC to act as your agent in dispute resolution in case you need to return to your home country before the landlord has returned your security deposit. Contact the Residential Tenancy Branch to do this. | ||
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*[[Residential Tenancy Branch]] | *[[Residential Tenancy Branch]] | ||
*[http://www.oipc.bc.ca/tools-guidance/guidance-documents.aspx Office of the Information and Privacy Commisioner-Privacy Guidelines for Landlords and Tenants] | *[http://www.oipc.bc.ca/tools-guidance/guidance-documents.aspx Office of the Information and Privacy Commisioner - Privacy Guidelines for Landlords and Tenants] | ||
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2012}} | {{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2012}} | ||
