The Residential Tenancy Act and Related Statutes (19:III): Difference between revisions

The ''RTA'' sets out the rights and obligations of landlords and tenants. When a tenancy starts, there should be a tenancy agreement in place. A tenancy agreement means an agreement, whether written or oral, express or implied, between a landlord and a tenant, respecting possession of a rental unit, use of common areas and services and facilities. It also includes a licence to occupy a rental unit.  

== '''A. Premises and Persons Subject to the ''RTA''''' ==

=== 1. Effective Date ===

The ''RTA'' applies to all residential tenancy agreements entered into or renewed after the date the ''RTA'' first came into force (1984). The ''RTA'' was modernized in 2004.

=== 2. Infants ===

Tenancy agreements entered into by persons under the age of 19 are enforceable under s 3 of the ''RTA''.

=== 3. Excluded Premises and Agreements ===

s. 4 of the ''RTA'' sets out a list of situations which are not covered by the ''RTA'':

* Call the Residential Tenancy Branch information line (604-660-1020 or 1-800-665-8779) if you are unsure whether the rental unit comes under the ''RTA''.  

* If your issue does not fall under the ''RTA'', please see section XIX for additional resources.

=== 4. No Contracting Out ===

An agreement or a term in an agreement which purports to exclude the application of the RTA is of no effect. Where a term in an agreement conflicts with the ''RTA'' or the ''Residential Tenancy Act Regulations'', the term is void. This means that neither landlords nor tenants can contract away rights legislated under the RTA when the RTA would have otherwise applied to the situation

=== 5. Crown ===

Generally, the ''RTA'' applies to the Crown.

=== 6. Hotel Tenants and Landlords ===

Hotel tenants are fully covered by the ''RTA'' if the hotel is the tenants’ primary residence. There are a few rules that apply only to hotel tenants and landlords, namely:

* s 29(1)(c) permits entry into a hotel tenant’s room without notice for the purposes of providing maid service, as long as it is at reasonable times;

* s 59(6) permits an individual occupying a room in a residential hotel to apply to an Arbitrator, without notice to any other party, for an interim order stating that the ''RTA'' applies to that living accommodation.

See '''Policy Guideline 9: Tenancy Agreements and Licences to Occupy'''.

Although poverty is not a protected ground, a landlord must not discriminate against a (prospective) tenant based on a lawful source of income, such as Income Assistance or similar benefits. The prospective tenant may file a human rights complaint under the ''B.C. Human Rights Code'', RSBC 1996, c. 210 [HRC]. Section 10(1) of the HRC also prohibits a person from denying tenancy or from discriminating with respect to a term of the tenancy against a person or class of persons because of their race, sexual orientation, colour, ancestry, place of origin, religion, marital status, physical or mental disability, or sex. Note also, that pets are not covered under discrimination rules. See '''Chapter 6: Human Rights''' for more information.

There are two exceptions:

The law does not always apply when kitchen and bathroom facilities are shared with the owner of that accommodation.

A landlord cannot refuse to rent to adults because they have children unless the building or manufactured home park is reserved for people over 55 years old.

Foreign students should consider how long they plan on studying before signing a fixed-term lease. Students should not sign a fixed-term tenancy that exceeds the time they plan to study. Signing a fixed-term tenancy that extends beyond one’s intended study period can put a tenant into breach and may result in having to pay liquidated damages and/or any loss of rent incurred by the landlord.

Some foreign students take furnished rooms by paying “take-over fees” to purchase the furniture and continue the rental agreement. The initial tenancy agreement may have been “taken over” by a dozen students in a row, leading to confusion about who is entitled to the security deposit or the furniture.

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