Entering a Tenancy

Protect Yourself

The Residential Tenancy Act requires that your landlord provide you with a written tenancy agreement. The reason for this is that when an agreement is written, you have proof of what you and your landlord agreed to. This proof can come in handy if you have problems later on. Tenancy agreements tend to protect landlord’s interests, but may not protect yours. Before signing make sure you can live with the terms of the agreement.

Understand your agreement

Make sure you understand what you are agreeing to. Read every word carefully, or have someone help you read the agreement. Do not sign the agreement until you are sure about what it says.

Get everything in writing. If your landlord agrees to clean or do repairs before you move in, write this in the agreement. If you add or change anything in the agreement, both you and your landlord should write your initials beside every change.

Ask your landlord to cross off any parts of the agreement you want changed. For example, if the agreement says “no pets allowed” but your landlord says you can keep your dog, change that section or cross it off. Both you and the landlord should write your initials beside the change.

Get a copy of the signed agreement and keep it in a safe place. If the landlord breaks a promise, it will be hard for you to prove anything without your own copy.

Get your landlord’s name, address and phone number. You need to know with whom you are dealing. Get the name and phone number of the manager or agent you talk with, too. If a landlord or property manager does notwant to provide this information, you should reconsider renting from them.

Utlilities

Make sure you know what your rent includes. Does it include parking, cablevision, heat, and light? Or do you have to pay for these things separately? Is this written down in the agreement?

Do not agree to put utilities for units other than yours in your own name. You should not be made responsible for collecting money from tenants in other units. Insist that the bills for shared utilities, like gas and hydro, are put in the landlord’s name.

If you live in a house with more than one unit where the utilities for the whole house are shared between the units, make sure your agreement specifies how many other people are living in the house and what your portion of the utilities are. For example, if additional tenants move into a suite with which you share utilities, your portion of the bill could also increase if you only agreed to pay a percentage of the total cost.

Your copy of the agreement

Legally the landlord must give you a copy of the tenancy agreement no later than 21 days after you sign it. Insist on receiving a copy as soon as possible after it is signed.

Verbal agreements While the landlord is required to provide a written tenancy agreement with you when you move in, the law still protects you even if you only have a verbal agreement. Furthermore, if you didn’t have a written agreement to begin with you do not have to sign one later on if the landlord tries to change terms that you agreed to verbally.

New landlord If you get a new landlord, the rules in your old agreement will stay the same. A new landlord can’t make you sign a new agreement. For example, if your place is sold the new owner would have to follow the same rules about rent increases as if your landlord had never changed.

Terms in the agreement

Some things are automatically included in every tenancy agreement, like hot water and locks on the doors. These are basic rights for every tenant. Even if these things are not listed in your agreement, you still have a right to them. Other things are “extras”, like laundry facilities or a parking space. A tenancy agreement includes the things the landlord agrees to provide. It also lists the rules you agree to,like where you can store things.

Be sure to get the “extras” in writing. Your landlord can’t change your tenancy agreement unless you both agree. For example, your landlord can’t make you start paying for heat if that was not part of your original agreement.

The Residential Tenancy Act allows landlords to take away or restrict certain services if you are compensated with a rent reduction and if the services are not essential to your tenancy. Therefore, it is important to make sure your agreement states everything that is included in your tenancy agreement. See Sections 14 and 27 of the RTA.

Illegal parts of a tenancy agreement

There are some things a landlord can’t put in a tenancy agreement because they are illegal. For example, your agreement might say, “the landlord may enter your suite at any time.” This is illegal. The law sets strict limits on when your landlord can come in, and this cannot be changed by the tenancy agreement. Your landlord cannot make you agree to terms that give up your protections under the Residential Tenancy Act.

Pets

In BC, there is no law that allows tenants to have a pet. In fact, the Residential Tenancy Act explicitly gives landlords the right to refuse pets, or to charge an extra deposit for accepting pets. In order to keep a pet you need to have a term in your tenancy agreement that allows you to keep a pet. If your tenancy agreement doesn’t allow pets, and you get one anyway, your landlord can tell you to remove it. If you don't, the landlord might give you an eviction notice. See Sections 18 of the RTA.

Guide dogs

If you have an assistance animal covered by the Guide Animal Act your landlord has to accept it. You must not be charged a pet deposit for an animal covered by the Guide Animal Act.

(1) Information which establishes or tends to establish the truth of a fact, or (2) the conclusion of a logical argument. See "evidence" and "premises."

In law, someone acting on behalf of someone else, with that person's express permission and normally at their express direction.

Something which can be owned. See "chattels" and "real property."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."