Moving In and Moving Out in Residential Tenancies (19:V)
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 15, 2024. |
A. Condition Inspections
With exceptions for tenancy agreements entered into before 2004, the landlord and tenant together must inspect the condition of the rental unit when the tenant gains possession of the rental unit, when the tenant starts keeping a pet if permission thereto was granted after the start of the tenancy, or when the tenant ceases to occupy the rental unit.
During dispute resolution proceedings, a condition inspection report that complies with this section is evidence of the state of repair and condition on the date of the inspection, unless a party has evidence to the contrary (RTR, s 21).
1. Timing of Condition Inspections
a) Moving In
A condition inspection must occur on the day the tenant is entitled to possession of the rental unit or on another mutually agreed day (RTA, s 23(1)). However, tenancies that started before January 1, 2004 are not subject to the requirements for a move-in condition inspection (RTA, s 100(1)).
The landlord must give the tenant a copy of the signed and completed condition inspection report within seven days after the inspection is completed (RTR, s 18(1)(a)).
b) Keeping a Pet
Where permission to keep a pet on the residential property was granted after the start of the tenancy, a condition inspection must occur on or before the day the tenant starts to keep a pet or on another mutually agreed day (RTA, s 23(2)). Tenancies that started before January 1, 2004 are subject to the requirements for this condition inspection, but only in respect of any pet damage deposit that the landlord requires from the tenant (RTA, s 100(2)).
The landlord must give the tenant a copy of the signed and completed condition inspection report within seven days after the inspection is completed (RTR, s 18(1)(a)).
c) Moving Out
A condition inspection must occur on or after the tenant ceases to occupy the rental unit or on another mutually agreed day; in any case, this must occur before a new tenant begins to occupy the rental unit (RTA, s 35(1)).
The landlord must give the tenant a copy of the signed and completed condition inspection report within fifteen days after both of the following are true:
- the condition inspection is completed (RTR, s 18(1)(b)(i)); and
- the landlord has received the tenant’s forwarding address in writing (RTR, s 18(1)(b)(ii)).
2. Two Opportunities to Participate
The landlord must give the tenant two opportunities to participate in a condition inspection. Keeping in consideration any reasonable availability limits that are known, the parties must meet these requirements for there to be two opportunities to participate for the purposes of the RTA:
- first, the landlord must offer one or more dates and times for the condition inspection (RTR, s 17(1));
- second, if the tenant is not available during a time offered by the landlord, the tenant may propose an alternative time which the landlord must consider (RTR, s 17(2)(a)); and
- third, the landlord must propose a different opportunity from their initial offer and give the tenant notice of this opportunity using the approved form (RTR, s 17(2)(b)).
3. Obligations of the Parties
a) Landlord
The landlord must conduct and complete a condition inspection report that complies with section 20 of the RTR (RTA, ss 23(4) and 35(3)). Landlords can use their own condition inspection report forms so long as they contain all the information required in section 20 of the RTR.
The landlord must sign the report and allow the tenant to sign it (RTA, ss 23(5) and 35(4)), and then give the tenant a copy of the signed report as soon as possible within the time limit set out in section 17 of the RTR.
The landlord must make the inspection and complete and sign the report without the tenant if the tenant still does not participate after being offered two opportunities (RTA, ss 23(6) and 35(5)(a)), or in the case of a move-out inspection, if the tenant has abandoned the rental unit (RTA, s 35(5)(b)).
Except if the tenant has abandoned the rental unit in the case of a move-out inspection, the landlord loses the right to claim against a security deposit, pet damage deposit, or both, for damage to the residential property if the landlord fails to do any of the following:
- offer the tenant at least two opportunities for the inspection (RTA, ss 24(2)(a) and 36(2)(a));
- participate in the inspection (RTA, ss 24(2)(b) and 36(2)(b)); or
- complete the condition inspection report and give the tenant a copy of it within the appropriate deadline for the type of inspection (RTA, ss 24(2)(c) and 36(2)(c)).
In the case of a condition inspection for a tenant who has started keeping a pet after being granted permission after the tenancy started, the landlord only loses the right to claim against the pet damage deposit (RTA, s 100(2)).
b) Tenant
If the landlord has provided two opportunities to participate in the condition inspection and the tenant does not participate in either one, the tenant loses the right to the return of a security deposit or a pet damage deposit, or both (RTA, ss 24(1) and 36(1)). In the case of a condition inspection for a tenant who has started keeping a pet after being granted permission after the tenancy started, the tenant only loses the right for the return of the pet damage deposit (RTA, s 100(2)).
B. Other Obligations on Moving In
1. Re-Keying Locks for New Tenants
At the request of a tenant at the start of a new tenancy, the landlord must re-key the locks or other means of access given to the previous tenant, and pay all costs associated with the changes. If the landlord at the end of the previous tenancy had already altered the locking system, the landlord need not do so again (RTA, s 25).
2. Providing a Copy of the Tenancy Agreement
Within 21 days after a landlord and tenant enter into a tenancy agreement, the landlord must give the tenant a copy of the agreement (RTA, s 13(3)).
C. Other Obligations on Moving Out
1. Tenant Obligations
The following are some of the tenant’s other obligations upon or before moving out:
- giving proper notice (RTA, s 44(1)(a));
- leaving the unit reasonably clean (RTA, s 37(2)(a));
- repairing damage caused above reasonable wear and tear (RTA, s 37(2)(a) and (4)), including damage caused by guests or pets above normal wear and tear levels (RTA, s 32(3));
- returning all the keys and other means of access (RTA, s 37(2)(b)); and
- removing all possessions from the rental unit and the residential property (RTR, s 24).
2. Landlord Obligations
The following are some of the landlord’s other obligations upon, before, or after the tenant moves out:
- giving proper notice (RTA, s 44(1)(a)); and
- one of the following within fifteen days after the later of the tenancy ending and the landlord receiving the tenant’s forwarding address in writing (RTA, s 38(1)):
- returning the security deposit and pet damage deposit with interest, or
- making an application for dispute resolution to retain them.
D. Breaking a Fixed Term Tenancy
If a tenant moves out before their fixed term ends without finding another tenant approved by the landlord to take over the fixed term tenancy, the tenant may be responsible for the landlord’s advertising and administrative costs incurred in finding a new tenant, as well as lost rent until the unit is rented or the fixed term expires. For more information, see RTB PG 5.
The tenant may also have to pay liquidated damages and be subject to other obligations as laid out in their tenancy agreement.
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