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Introduction to Landlord and Tenant Law (19:I): Difference between revisions

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{{LSLAP Manual TOC|expanded = landlord}}
{{LSLAP Manual TOC|expanded = landlord}}


As contracts, tenancy agreements constitute commercial relations. The ''Commercial Tenancy Act'', RSBC 1996, c 57, governs that aspect of tenancy. Special laws, rules, and procedures have been established for premises and tenancy agreements characterized as residential. Landlord  and tenant matters not subject to the RTA, or exempted from particular provisions, are covered by the ''Commercial Tenancy Act''. See RTB Policy Guideline 14: Type of Tenancy: Commercial or Residential.  
As contracts, tenancy agreements constitute commercial relations. The ''Commercial Tenancy Act'', RSBC 1996, c 57, governs that aspect of tenancy. Special laws, rules, and procedures have been established for premises and tenancy agreements characterized as residential. Landlord  and tenant matters not subject to the RTA, or exempted from particular provisions, are covered by the ''Commercial Tenancy Act''. See RTB Policy Guideline 14: Type of Tenancy: Commercial or Residential.  


== A. Relationship of Landlord and Tenant ==
== A. Relationship of Landlord and Tenant ==
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=== 1. In General ===
=== 1. In General ===


Before entering into an agreement, a tenant should find out who owns the property and who rents the property to ensure that the new tenant is  not leasing from a current tenant – see [[{{PAGENAME}}#2. Assignment and Subletting | Section XV.A.2: Assignment and Subletting]], below. A tenant should ensure that he or she does not enter into an agreement with a company that is not yet incorporated –  see [[{{PAGENAME}}#3. Pre-Incorporation Contracts | Section XV.A.3: Pre-Incorporation Contracts]], below. A   prospective   tenant   should perform a company search in order  to determine if the company is incorporated. See [[Foreword to Small Claims (20:I) | Chapter 20 Small Claims  Procedure]] for more information  on how to do a company search. A prospective tenant may also want to do a title search at the Land Title Office to determine whether he or she  is dealing with the registered owner or a tenant looking to sublease.  
Before entering into an agreement, a tenant should find out who owns the property and who rents the property to ensure that the new tenant is  not leasing from a current tenant – see [[{{PAGENAME}}#2. Assignment and Subletting | Section XV.A.2: Assignment and Subletting]], below. A tenant should ensure that he or she does not enter into an agreement with a company that is not yet incorporated –  see [[{{PAGENAME}}#3. Pre-Incorporation Contracts | Section XV.A.3: Pre-Incorporation Contracts]], below. A prospective tenant should perform a company search in order  to determine if the company is incorporated. See [[Foreword to Small Claims (20:I) | Chapter 20 Small Claims  Procedure]] for more information  on how to do a company search. A prospective tenant may also want to do a title search at the Land Title Office to determine whether he or she  is dealing with the registered owner or a tenant looking to sublease.  


A  new  tenant  should  find  out  how  the  property  is  zoned  to  ensure  lawful  use  of  the property. Also, using the property for a different purpose than that outlined in the lease is a breach of the agreement. To vary the lease, both parties must consent.  
A  new  tenant  should  find  out  how  the  property  is  zoned  to  ensure  lawful  use  of  the property. Also, using the property for a different purpose than that outlined in the lease is a breach of the agreement. To vary the lease, both parties must consent.