Renting a Home
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School in April 2022. |
 |
This page is used in the Renting a Home Lesson Module, a law-related ESL lesson for newcomers to Canada. |
Every province in Canada has laws about renting, as well as about buying and owning a home. In this section, you will learn about these laws in British Columbia.
Before renting
When you rent a place to live, you are a renter, also known as a tenant. If you own a home or apartment and you rent it to someone else, you are a landlord.
You must follow BC laws about renting if you are a tenant or a landlord. A government office is responsible for making sure landlords and tenants follow these laws. It’s called the Residential Tenancy Branch.
Find out what the law says
Before you rent a place, find out what the law says. The main law that sets out the rules for tenants and landlords is called the Residential Tenancy Act. There are more rules in another law called the Residential Tenancy Regulation.
For information or free help, you can contact the Residential Tenancy Branch or the Tenant Resource & Advisory Centre (TRAC).
- Residential Tenancy Branch
- Vancouver: 604-660-1020
- Victoria: 250-387-1602
- Toll-free: 1-800-665-8779
- gov.bc.ca/landlordtenant
- Tenant Resource & Advisory Centre (TRAC)
- Vancouver: 604-255-0546
- Toll-free: 1-800-665-1185
- tenants.bc.ca
You can also find answers to common questions in a playbook for tenants from People’s Law School.
Discrimination in renting
A landlord can’t refuse to rent a place to live based on a characteristic protected under the law. This is discrimination. Protected characteristics include:
- race, colour, ancestry, place of origin, or Indigenous identity
- age
- sex, sexual orientation, or gender identity or expression
- marital or family status (single, married, or living common-law)
- religion
- any (legal) source of income
- any mental or physical disability
So a landlord can't, for example, refuse to rent to someone because they’re on income assistance.
Or a landlord can't refuse to rent to someone because they have children. (There is an exception to this rule for rental buildings reserved for people age 55 and older.)
As well, a landlord can't charge a different rent or make different rules for tenants based on any of the protected characteristics.
You can complain to the BC Human Rights Tribunal if you think a landlord has discriminated against you.
For help in filing a human rights complaint, you can contact the BC Human Rights Clinic operated by the Community Legal Assistance Society.
Looking for a place
When you look at a place to rent, the landlord will tell you how much the rent is. It’s important to ask the landlord what is included in the rent. For example, does the rent include gas, electricity, internet, cable service, or laundry machines for your use?
When you apply to rent a place, the landlord cannot charge you money to take your application. Doing this is illegal.
The Tenant Resource & Advisory Centre has an online course for first-time tenants. In it, you’ll learn how to search for housing, put together a strong rental application, and safely sign a contract about your tenancy with the landlord.
Making an agreement to rent
When you find a suitable place to rent, you and the landlord make a contract. This is a binding legal agreement. A contract between a tenant and landlord is called a tenancy agreement.
A tenancy agreement must follow the rules about renting in the Residential Tenancy Act and Regulation. It must be in writing. The Residential Tenancy Branch has a residential tenancy agreement form you and the landlord can use.
The agreement will say how much the rent is and when you must pay it. The agreement should also include what the law says about such things as security deposits, rent increases, and repairs.
A tenancy agreement can be a month-to-month agreement or a fixed-term agreement, also known as a lease. If you sign a lease, you can’t move out until your lease is finished without paying extra money.
- For example: If you sign a one-year lease, you have to stay until the end of the one year. If you decide to move out a few months before the end of the lease, you may have to pay your landlord for the remaining months of the lease.
The tenancy agreement must be signed and dated by you and your landlord. You should read the agreement before you sign it. Get someone to help if you need to. The landlord must give you a copy of the agreement within 21 days.
Move-in inspection
You and the landlord must do a walkaround before you move in, checking the rental unit out together. The landlord must complete a condition inspection report, and both of you need to sign it. This is a written record of the condition of the place. The report should show if it's in poor condition.
Make sure you get a copy of the condition inspection report from the landlord.
Paying a deposit
When you move into a place, the landlord can ask for some extra money to cover any damage you may cause to the rental unit. This is called a security deposit. It can’t be more than half the monthly rent. The landlord can also ask for a pet damage deposit if they allow you to have a pet. That also can’t be more than half the monthly rent.
It is very important you keep the receipts for these deposits. At the end of your tenancy, you are entitled to the deposits back unless the landlord can show you damaged the unit.
While renting
Paying rent
When you rent a place to live, you usually pay rent to the landlord once a month. Make sure you get proof that you paid the rent. This can take the form of a receipt from the landlord, a witness, or a cancelled cheque from your bank or credit union. Keep this proof in case there is a dispute about it later.
Rent increases
If your landlord wants to raise your rent, they must follow the rules. For example, the landlord can only increase the rent once every 12 months. They can’t increase it more than a percentage set by the government.
As well, the landlord must use a special form called notice of rent increase. And they must give you this notice three full months before they can increase the rent.
The Residential Tenancy Branch and the Tenant Resource & Advisory Centre have more on rent increases.
Repairs
Landlords are generally responsible for fixing problems in a rental unit. Tenants are responsible for repairing damage they (or their visitors or pets) cause.
The landlord must put up a sign or tell you in writing who and what number to call if there is an emergency. This includes urgent problems with electricity, plumbing (say the toilet doesn’t work), and heating.
If something needs to be fixed, ask your landlord to make the repairs. It’s a good idea to do this in writing and keep a copy of the letter.
If the landlord doesn’t make the repairs, contact the Residential Tenancy Branch or the Tenant Resource & Advisory Centre.
Another option may be to contact your municipality. Many towns and cities have rules (or bylaws) about keeping rental suites safe and healthy. You can contact your local city hall to ask them about these rules. They may be able to send an inspector. An inspector can check your place for free and tell the landlord to do the repairs.
- For example: Ciara lives in a basement suite. The pipe from the toilet leaked, and the landlord didn’t fix it after she asked them to. Ciara phoned city hall. An inspector came to look at the problem. The inspector told the landlord to fix the pipe right away. The landlord didn’t want to be fined, so they fixed the problem.
Paying for damage
As a tenant, if you (or your visitor or pet) damage the rental unit, you have to pay for the repair. You should tell the landlord right away.
- For example: Quan is a tenant living in a suite in an older house. One evening he had a party. One of his friends accidentally broke the living room window. In the morning, Quan called the landlord and explained what happened. The landlord called a company to replace the window, and Quan paid $300 for the new window.
Letting the landlord in
Landlords can ask to enter the rental unit. You can agree to let the landlord in when they ask. Otherwise, the landlord must give you written notice at least 24 hours before they come. The notice must say what time between 8 am and 9 pm the landlord will come and why they are coming.
Sometimes there is an emergency. For example, you may have a fire or a broken water pipe. Then the landlord can come in without notice or permission.
Resolving disputes
If you have a problem with your landlord, you may be able to resolve the matter by talking to them. If you can’t work it out on your own, you can access dispute resolution through the Residential Tenancy Branch.
Either you or the landlord can apply for dispute resolution. The process involves a hearing — like a court hearing, but less formal. It’s usually held by teleconference. An independent decision-maker makes a decision in your situation based on the law. You need to have evidence in support of your claims. You and the landlord must follow the decision.
For how dispute resolution works, visit the Residential Tenancy Branch or the Tenant Resource & Advisory Centre.
Ending a tenancy
Moving out
When you want to move out of a house or apartment you are renting, the law requires that you tell your landlord in writing. This is called giving notice. You have to write your name, address and the date you will move out, and then sign the notice.
If you are in a month-to-month tenancy, you must give notice to the landlord at least one month before you will move out. The first day of the month you plan to move out is too late.
- For example: Raj has a month-to-month agreement and has decided to move. He plans to move out of his apartment on December 31. He will give notice to his landlord on November 30 at the latest. Giving notice December 1 is too late. If he is late, Raj has to pay an extra month’s rent.
If you signed a fixed-term agreement or lease, you are not allowed to end your tenancy early. If you do, you may have to pay extra money to the landlord for breaking the tenancy agreement.
It's best to give the notice to the landlord or the building manager yourself. You may want to ask someone to go with you in case the landlord denies receiving the notice. Keep a copy of the notice.
Eviction
A landlord can sometimes make a tenant move out of a rental unit. This is called eviction.
The law says how much time the landlord has to give the tenant to move out. It depends on the reasons for eviction. For example, the landlord can give:
- 10 days notice when the tenant hasn’t paid the rent
- one month notice when the tenant is too noisy or has too many people living in the place
- two months notice when the landlord or a close family member wants to live in the rental unit
These are just examples.
As a tenant, be aware that the landlord cannot just tell you to leave. They have to put the eviction notice in writing, on the proper form, and explain the reason for the eviction. If you get an eviction notice, don’t ignore it. Read it very carefully.
You may disagree with the reason the landlord is evicting you. For example, you don’t think you’re too noisy, or you don’t have too many people living in your place. If you want to try to stop an eviction, you can dispute the notice. You can apply to the Residential Tenancy Branch to ask an arbitrator to decide. The eviction form will say how much time you have to do that.
If you get an eviction notice, you should ask for help or advice as soon as you can. Contact the Residential Tenancy Branch or the Tenant Resource & Advisory Centre.
Getting your security deposit back
On moving out of your rental unit, you should give the landlord an address in writing saying where to send the security deposit. Once you have given the landlord this address, the landlord must do one of three things:
- return the security deposit with interest within 15 days,
- ask for your written permission to keep some or all of the deposit, or
- apply to the Residential Tenancy Branch for permission to keep some or all of the deposit.
If the landlord doesn’t deal with the security deposit within 15 days, they have to pay you double the amount of the deposit.
Buying a home
Buying a home is exciting. But it’s also stressful, as there’s a lot at stake.
Before you start looking, consider what you can afford. There are a lot of expenses involved. In addition to the obvious (the purchase price), there are closing costs (including legal fees), and ongoing costs such as loan payments, property taxes, and maintenance.
Borrowing money to buy a home
Most people cannot afford to pay the entire cost of a home up front. A lender may loan you money to purchase it. The money you borrow to buy a home is called a mortgage. The lender will also expect you to use some of your own money and make a down payment on the home you buy.
Sometimes a lender will give you a pre-approved mortgage. This is a mortgage amount at an interest rate they guarantee for a period of time, such as for 90 days.
To pay down your mortgage, you make a regular payment, most often monthly. Your monthly payment includes the interest the lender charges you to borrow their money.
What's involved in buying a home
Most homes in Canada are sold through real estate agents, also called realtors. A real estate agent can assist you with the purchase process, including helping you understand the housing market, learning about the community you want to live in, and negotiating the purchase price. The cost of your real estate agent is usually covered by the seller of the home.
When you find a property you want to purchase, your real estate agent will write an offer, called a contract of purchase and sale. The agent will present your offer to the seller.
It’s a good idea to have the home inspected before you complete the sale. This may help you avoid big or small surprises such as structural problems or mould in the walls. A real estate agent can help you find a home inspector. As the buyer, you pay for the cost of the inspection.
To complete the sale, you need to prepare documents that transfer legal ownership from the seller to you. Most people hire a lawyer or notary public to help with this. Your real estate agent may be able to suggest one for you. Or you can search online or in your local phone book.
People’s Law School has more on the steps involved in buying a home.
Owning a home and bylaws
When you own your home, many laws that come into play are made by your city or town. These are called bylaws. They deal with safety and health issues and allowable uses of the property. They set out rules for things like fences, trees, noise, parking, and pets.
People’s Law School covers these topics in its neighbours section.
| |||||||||||||||||||||||||||||
 Learning about the Law Wikibook © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.
|