Difference between revisions of "Entering a Tenancy"

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{{Tenant Survival Guide TOC}}
{{Tenant Survival Guide TOC}}
''Do'' make sure the plumbing, electrical and appliances work, and check for mold in bathrooms and around windows, in closets and under carpets. ''Don't'' sign a tenancy agreement that you do not understand or have not fully read.  
'''DO:''' carefully review and sign a tenancy agreement. This is one of the most effective ways you can protect yourself as a tenant.


==Protect yourself==
'''DO NOT:''' forget that the ''Residential Tenancy Act'' prevents landlords and tenants from “contracting out” of the law. Any term of a tenancy agreement that avoids the law is considered unenforceable.
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===
==Protect yourself with a written contract==


'''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.  
Although verbal tenancy agreements are covered by the ''Residential Tenancy Act (RTA)'', it is always best to have a written agreement with your landlord. Signing a hardcopy contract is one of the best ways you can protect yourself as a tenant, since it proves the terms you agreed to at the start of your tenancy. Your landlord may use the standard Residential Tenancy Branch (RTB) tenancy agreement, or they may use their own custom tenancy agreement. If they choose to use their own agreement, it must have all the standard information required by law – just like the RTB agreement. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section12 section 12] of the ''RTA'' and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section13 section 13] of the ''Residential Tenancy Regulation'' for more information.


'''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.
==Tenancy agreements==


'''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.
===Terms in a tenancy agreement===


'''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.
According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section13 section 13] of the ''Residential Tenancy Act (RTA)'', every tenancy agreement is supposed to include:
* the standard terms – listed on the Residential Tenancy Branch’s (RTB) standard tenancy agreement and in the [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#Schedule Schedule] of the ''Residential Tenancy Regulation (RTR)'';
* the names of the tenant(s) and landlord(s);
* the address of the rental unit;
* the date the agreement is entered into;
* the address and telephone number of the landlord or landlord’s agent;
* the date the tenancy will start;
* the tenancy period – whether it is on a weekly, monthly, or other basis;
* if a fixed term tenancy, the date on which the tenancy ends;
* if a fixed term tenancy with a “vacate clause”, the date on which the tenant must vacate;
* the amount of rent;
* how much rent varies depending on the number of occupants;
* when rent is due;
* what services and facilities are included in rent; and
* the amount of security deposit or pet damage deposit required, and the date it was or must be paid.


'''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 not want to provide this information, you should reconsider renting from them.
===Illegal terms===


[[File:tenant laundry.png | left | frame | link= ]]
[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section5 Section 5] of the ''RTA'' prevents landlords and tenants from “contracting out” of the law. In other words, if you sign a tenancy agreement with a term that unfairly reduces your rights as a tenant, that term may be considered unenforceable. For example, it is illegal for a landlord to include a term in an agreement that allows them to inspect a tenant’s home at any time without proper notice. [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section29 Section 29] of the ''RTA'' clearly states that landlords must give at least 24 hours notice in writing, and that rule cannot be avoided.
===Utilities===


'''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?
===Unconscionable terms===


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.
[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section6 Section 6] of the ''RTA'' prevents landlords from including “unconscionable” terms in tenancy agreements. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section3 section 3] of the ''RTR'' and RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl08.pdf Policy Guideline 8], an unconscionable term is as a term that is oppressive or grossly unfair to one party. For example, RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf Policy Guideline 1] says that it is likely unconscionable for a landlord to include a term in an agreement that requires a tenant to put utilities for another unit in their 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.
===Month-to-month tenancies===


===Your copy of the agreement===
A month-to-month tenancy does not have a pre-determined date on which it ends. The tenancy continues until the tenant gives proper notice to move out, or until the landlord legally ends the tenancy. [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section1 Section 1] of the ''RTA'' refers to a month-to-month tenancy as a “periodic tenancy”. Month-to-month tenancies are by far the most common type of periodic tenancy, but a tenancy can also be established on a weekly or other periodic basis.


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.
'''Pros:''' Month-to-month tenancies offer flexibility. If your life takes an unexpected turn that requires you to move, you are only required to provide one-month notice in writing to end your tenancy.


'''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.
'''Cons:''' Month-to-month tenancies leave you vulnerable to evictions for “landlord’s use”. If your landlord wants to occupy your rental unit, allow a “close family member” to occupy the unit, make major renovations, or demolish your building, they can issue you a Two Month or Four Month Eviction Notice for Landlord’s Use of Property under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section49 section 49] of the ''RTA''.


'''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 ==
===Fixed term tenancies===


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.
A fixed term tenancy – often referred to as a “lease” – has a pre-determined date on which the tenancy ends or is up for renewal – most commonly after one year. If you enter into a fixed term tenancy, pay close attention to what your agreement says happens at the end of the term. There are three possibilities:
#'''You must vacate at the end of the fixed term:''' This type of “vacate clause” can only be used in limited circumstances listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section13.1 section 13.1] of the ''RTR'', or when a subtenant is signing a temporary sublease. If you have this type of fixed term tenancy, you must move out at the end of the term and you are not entitled to any compensation.
#'''The tenancy may continue on a month-to-month or another fixed term basis:''' You and your landlord can mutually agree to extend your tenancy for another fixed term. However, if you would prefer that your tenancy instead continue on a month-to-month basis, your landlord cannot force you to renew the agreement on a fixed term basis. If you do not want your tenancy to continue on either a month-to-month or fixed term basis because you plan to move out at the end of the term, you must provide your landlord with one full month notice in writing.
#'''The tenancy agreement does not say what will happen at the end of the fixed term:''' According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section44 section 44(3)] of the ''RTA'', if your tenancy agreement is silent on the matter, it will automatically continue on a month-to-month basis, unless you and your landlord mutually agree to renew on a fixed term basis. Again, if you plan to move out at the end of the fixed term, you must provide one full month notice in writing.  


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.
'''Pros:''' Fixed term tenancies offer stability. For the duration of your agreement, you cannot be evicted because of a Two Month or Four Month Eviction Notice for Landlord’s Use of Property.  


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 [[Residential Tenancy Act|RTA]].''
'''Cons:''' Fixed term tenancies provide less flexibility than month-to-month tenancies. If you need to end your tenancy early – also known as “breaking your lease” – you may end up owing your landlord some money.  


===Illegal parts of a tenancy agreement===
See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl30.pdf Policy Guideline 30] for more information.


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''.
===Legal fees===


== Pets ==
[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section6 Sections 6 and 7] of the '''RTR''' list the refundable and non-refundable fees that a landlord can legally charge a tenant.


In BC, there is no law that allows tenants to have a pet. In fact, the ''Residential Tenancy Act'' explicitly gives landlords
'''Late payment of rent:''' Your landlord can charge a ''non-refundable'' fee of up to $25 for late payment of rent, but only if this term has been written into your tenancy agreement.  
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 section 18 of the [[Residential Tenancy Act|RTA]].''


===Guide dogs===
'''New, replacement, and additional keys:''' Your landlord can charge a ''non-refundable'' fee for replacing a key that you lost, or for providing an additional key at your request. This fee cannot be more than the direct cost of the key. Your landlord can also charge you a ''refundable'' fee if they provide you with any keys in addition to the key that provides your sole means of access to the residential property. Again, this fee cannot be more than the direct cost of the key. At the start of your tenancy, your landlord cannot charge you a fee for rekeying the locks.
If you have an assistance animal covered by the [http://canlii.ca/t/842g ''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''.


== Leases (fixed-term tenancies) ==
'''Returned cheque:''' If you do not have enough money in your bank account when your landlord tries to deposit your rent cheque, your bank may charge your landlord a service fee. If this happens, your landlord can require that you pay them back for the cost of the fee. In addition, your landlord can charge you a ''non-refundable'' fee of up to $25 for the return of your cheque by a financial institution, but only if this term has been written into your tenancy agreement.


You may agree to rent a place for a certain length of time, like six months or one year. This is called a lease, or a fixed-term tenancy agreement. Leases are often good for landlords, but not always good for tenants. However, a lease can protect you from eviction in some cases (like if the landlord wants to move into your suite or sell it).
'''Moving fees:''' If you request to move to a new rental unit within the same property, your landlord can charge you a ''non-refundable'' fee that does not exceed the greater of $15 or 3% of your rent. Also, if you live in a building or complex managed by a strata corporation, you may be required to pay ''non-refundable'' move-in and move-out fees.


Don't sign a lease unless you are sure you want to live in the place. You can't break a lease because you didn't do a careful enough inspection of the suite before you moved in, and decide after moving in that you don't like it.
===Security deposits===


There may be parts of the lease that allow the landlord to break the lease and force you to move. This helps the landlord, but does not help you at all. Read the lease very carefully.
A security deposit – often referred to as a “damage deposit” – is money that a landlord collects at the start of a tenancy and holds until the end of the tenancy. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section19 section 19(1)] of the ''RTA'', the maximum amount a landlord can charge for a security deposit is half the monthly rent. If your landlord requires a security deposit, you must pay it within 30 days of the date it is required to be paid.


===Breaking a lease===
A security deposit secures the tenancy for you and your landlord. Once you have paid your deposit, you cannot decide to move in somewhere else, and your landlord cannot decide to rent to someone else. If you pay a security deposit but do not move in, your landlord may be allowed to keep your deposit. You may even have to pay additional money to cover the cost associated with re-renting your unit, or to cover your landlord’s lost rental income if they cannot find a replacement tenant.


If you need to break a lease, be aware that you may have to pay rent until your landlord rents the place out to someone else or until the term of your lease is over. This is what a lease means, whether it is stated explicitly in the agreement or not. Many leases say that you have to pay a certain amount of money in order to get out of the lease. The amount charged to you cannot be charged as a penalty, but instead is meant to cover the landlord's cost of re-renting the place. This amount is called "liquidated damages." A landlord cannot say that you will lose your damage deposit if you break your lease unless it is a reasonable estimate of what it will cost the landlord to re-rent the place.
Security deposits also cover damage. If your landlord believes you are responsible for damage beyond reasonable wear and tear, they can ask the RTB for permission to keep your security deposit.  


===Two kinds of leases===
'''Applying your security deposit towards rent:''' According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section21 section 21] of the ''RTA'', you are not allowed to apply your security deposit towards rent without your landlord’s permission. For example, you cannot pay only half of your last month’s rent and tell your landlord to cover the remaining half with your security deposit, unless you have their written consent.


There are two kinds of leases:
===Pets and pet damage deposits===
* '''A lease that says you must move out at the end of the lease.''' You can only stay if you sign a new agreement with the landlord. Be careful! The new agreement does not have to contain the same terms because it is, in effect, a new tenancy. Also, rent can start at any amount because it is a new agreement.
*'''A lease that says you must stay for a certain length of time, but doesn't say when you must move out.''' This type of lease is better for tenants. With this type of lease, if you want to stay on after the lease ends and rent month-to-month, you do not have to sign a new agreement. If you want to move on the date that your lease expires, you must give a full month's notice in writing to your landlord.


===If you get a new landlord===
According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section18 section 18] of the ''RTA'', landlords can restrict pets entirely, or set limits on the number, size, or type of pets a tenant can have in their rental unit. If your landlord allows you to have a pet, it is important to include that term in your tenancy agreement. Do not rely on verbal permission alone – make sure it is in writing.


If your place is sold, the new landlord can't make you a sign a new lease, or change the rules in your agreement. The new landlord also can't evict you for landlord use until the fixed-term lease expires.
If you are allowed to have a pet, your landlord can require a pet damage deposit of up to half the monthly rent. This is the maximum amount a landlord can charge for a pet damage deposit, regardless of how many pets you have. You will have to pay this deposit either at the start of your tenancy, or when you get a pet at any point during your tenancy. If your pet causes extraordinary damage or unreasonably disturbs others, your landlord may try to evict you and keep your pet damage deposit. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl28.pdf Policy Guidelines 28] and [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl31.pdf 31] for more information.


===Changing agreements===
'''Guide dogs:''' If you have a dog that falls under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/15017 Guide Dog and Service Dog Act]'', your landlord must allow it and cannot require a pet damage deposit.
If your landlord gives you a new agreement when you are already living in a place, you don't have to sign it if you have a month-to-month tenancy or a lease that goes month-to-month at the end of the term of the lease. However, you would have to sign a new agreement if you have a fixed-term lease that ends on a certain date with the stipulation that you have to move out at the end of the term. It's best to avoid fixed-term agreements with a move out date because the landlord may change the terms or raise the rent if you want to sign a new agreement and stay.


== Deposits and paying rent ==
===Overpaying a deposit===


===Security deposit and pet damage deposit===
The maximum amount you can be charged for a security deposit or pet damage deposit is half the monthly rent. If you have been overcharged for either, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section19 section 19(2)] of the ''RTA'' allows you to deduct the overpayment from your next month’s rent. Some landlords may not know that tenants have this right, so make sure to clearly communicate with your landlord if you decide to deduct rent for this reason. If you are not comfortable withholding rent, you can apply for dispute resolution to recover the overpayment.


A landlord can ask you for a security deposit (also called a damage deposit) of a half month's rent to cover the cost of damage you do or rent you do not pay. A landlord can also ask you for a pet damage deposit of a half month's rent to cover any damage done by your pet. See the section on [[Security Deposits and Additional Fees]].
==Roommates==


===Changing your mind===
===Co-tenants===


Don't pay any money unless you are sure that you want the place. Don't sign anything and don't give any money to the landlord until all of your questions are answered. If you pay a deposit and then change your mind, you might not be able to get your money back. If the landlord can't rent the place to someone else, they might try to make you pay the month's rent.
“Co-tenants” are roommates who share a single tenancy agreement. Each pay period, co-tenants collectively pay rent to their landlord, and decide among themselves how to divide the cost. This is the most common type of roommate setup for couples, friends, and families. To ensure that you are considered a co-tenant rather than an “occupant/roommate”, make sure your name is clearly listed on your tenancy agreement.


===Application deposits===
Co-tenants are jointly responsible for everything related to their tenancy, which means they are all equally responsible for each other’s behaviour. If the full rent is not paid on time because of one co-tenant, the landlord could issue an eviction notice that applies to everyone. Similarly, if damage has been caused to the rental unit, the landlord could choose to seek monetary compensation from any roommate – even if it was not that person’s fault.


Some landlords ask tenants to pay a deposit when they apply to rent a place. The application says that the deposit will be put towards the security deposit or the first month's rent if the tenant is accepted. This is illegal. Landlords cannot collect application fees, or collect deposits except at the time a tenancy agreement has been entered into. Some tenants who have paid these illegal application deposits have found it difficult to get their money back. You may want to reconsider renting from a landlord who would charge an illegal application “deposit.” See the section on [[Security Deposits and Additional Fees]].
'''Disputes between co-tenants:''' Disputes between co-tenants are not covered by the ''Residential Tenancy Act (RTA)'' and cannot be resolved through the Residential Tenancy Branch (RTB). A common dispute can arise when one roommate is late with their portion of the rent, and the other roommates are forced to pay the difference to avoid eviction. From a legal standpoint, this type of monetary dispute would have to be settled through [http://www.smallclaimsbc.ca/ Small Claims Court], the [https://civilresolutionbc.ca/ Civil Resolution Tribunal], or [https://www.courts.gov.bc.ca/supreme_court/ BC Supreme Court].


===Paying rent===
Problems can also arise when one co-tenant decides to move out, as that decision can affect the remaining co-tenants. Here are the two possible scenarios for when a co-tenant moves out:
#If the roommate leaving '''gives proper notice''' in writing to move out, the tenancy will end for the other co-tenants as well – even if they did not sign the notice. The remaining roommates will have to either move out or sign a brand-new tenancy agreement in order to stay.
#the roommate leaving '''does not give proper notice''' in writing to move out, the tenancy will continue and all of the co-tenants will still be responsible for paying the full rent on time. The remaining co-tenants may wish to speak to the landlord about legally ending the tenancy or amending the tenancy agreement to add a replacement roommate.


Rent is due on the first day of the month, unless you have a different agreement with your landlord. It is your responsibility to make sure your landlord gets the rent on time each month. If you don't pay the full rent on the due date, the landlord can try to evict you. See the section on [[Evictions]].
See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl13.pdf Policy Guideline 13] for more information.


====When you pay rent====
===Tenants in common===
*Pay by cheque or money order if you can.
*The law requires that the landlord give you a receipt if you pay in cash, but you need to make sure you get it. If you pay cash and don't get a receipt, you have no proof that you paid rent to the landlord.
*If the landlord won't sign a receipt, ask a friend or neighbour watch you count the money over to the landlord. They can be your witness if the landlord says you didn't pay.
*Keep your receipts and cancelled cheques in a safe place. You might need them later.
*If you refuse to move in because the place is dirty or needs repairs, you may lose your money. If you gave the landlord a security deposit of one half month's rent, you may have to pay more. The landlord can take you to dispute resolution to get the rent.


{{Tipsbox
“Tenants in common” are tenants who live in the same rental unit but have separate tenancy agreements with the landlord. For example, a landlord may rent out individual bedrooms in a house under separate agreements. With this type of roommate setup, you are only responsible for your own behaviour. If another tenant fails to pay their rent on time or decides to move out, it will have no legal effect on your tenancy.
| width = 90%
| tips = '''If you don't move in'''
Once you give the landlord a deposit, you have established a contract. If you decide not to move in, the landlord can make you pay the month's rent, unless another tenant moves in. If you didn't move in because there was a serious risk to your health or safety, you will need proof. For example, take photographs of the problem or ask a health inspector to come to the place. If you need repairs right away, you can take the landlord to dispute resolution.
}}


== Condition when you move in ==
Sharing common space in this way can be an effective way to get cheaper rent without having to sign an agreement with another person. However, the disadvantage of this type of setup is that your landlord may not consult you when choosing your roommates.


===Condition inspection report===
'''Problems between tenants in common:''' Disputes between tenants in common are not covered by the ''RTA'' and cannot be resolved through the RTB. If you and another tenant in common have a dispute relating to your tenancy that cannot be settled on your own, consider putting your concerns to your landlord in writing. Once notified, your landlord should attempt to intervene and correct the situation. Alternatively, some legal problems may have to be settled through [http://www.smallclaimsbc.ca/ Small Claims Court], the [https://civilresolutionbc.ca/ Civil Resolution Tribunal], or [https://www.courts.gov.bc.ca/supreme_court/ BC Supreme Court].


The law in BC requires that you do a condition inspection report with the landlord when you move in and when you move out of your place. You must also do a condition report when you begin keeping a pet if you did not do one when you moved in. See the section on [[Condition Inspection Reports]].
===Occupants / roommates===


===Repairs and cleaning===
An “occupant/roommate” is a person who rents from a tenant with whom they live, rather than the landlord, and is therefore not covered under the ''RTA''. This living situation is common in shared houses where a “head-tenant” rents out bedrooms to roommates. If you enter this kind of arrangement, you will not be protected by the ''RTA'', and TRAC and the RTB will not be able to assist you. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl19.pdf Policy Guideline 19] for more information.


Your landlord must make sure your new place is clean and that everything works—before you move in. However, don't just expect that your landlord will have done this. You should protect yourself by checking everything before you move in! If the place needs repairs or cleaning right away, give your landlord a list of what needs to be done. Give the landlord a deadline for completing the repairs and cleaning. Sign and date the list, and keep a copy. See the section on [[Repairs and Services When Renting| Repairs and Services]].
'''Disputes between “occupants/roommates” and tenants/landlords:''' Occupants/roommates cannot use the RTB’s dispute resolution system to settle disputes with tenants, landlords, or other occupants/roommates. Instead, any legal problems would have to be settled through [http://www.smallclaimsbc.ca/ Small Claims Court], the [https://civilresolutionbc.ca/ Civil Resolution Tribunal], or [https://www.courts.gov.bc.ca/supreme_court/ BC Supreme Court].


If you must clean the place in order to move in, you may be able to get money back for your labour and the cost of cleaning supplies and equipment. Keep your receipts. You may have to go to dispute resolution to get money back from the landlord. You will need proof of the condition of the place before and after you cleaned.
==Changing terms in a tenancy agreement==


===Illegal suites===
Aside from the exceptions listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section14 section 14(3)] of the ''RTA'', the terms of a tenancy agreement can only be changed by mutual consent. If you and your landlord both agree to a change, feel free to amend your existing agreement. For example, you can cross out a term, enter a new one, add the date, and both initial the change. Alternatively, you can sign an addendum on a separate sheet of paper that outlines the agreed upon change. Either way, make sure that you receive a copy of the revised tenancy agreement or addendum. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section14 section 14] of the ''Residential Tenancy Act'' for more information.
 
In many municipalities, secondary suites, such as basement suites in houses, are not permitted and are considered “illegal.” However, illegal suites are covered by the ''Residential Tenancy Act'' and you are protected by this provincial law just as you would be in any other type of tenancy—except that the suite may be shut down by the municipality if the municipality has a policy of shutting
down secondary suites. If this happens the tenant could have to move with as little as one month's notice. If you are renting a suite in a house try to find out if it is a legal suite. If it is not, find out what the municipality's policies are on closing down illegal suites. In terms of dealing with your landlord, you have the same rights as any other tenant even if you live in an illegal suite.
 
{{Tipsbox
| width = 90%
| tips = '''Get it in writing'''
Ask the landlord or manager what the rent includes. Ask if the heat, lights, cablevision, laundry, fridge, stove, storage or parking are included in the rent. Also, make sure the agreement states if use of a yard or recreational facilities, such as a swimming pool, are included. Tell the landlord that you want a written agreement that lists the things included in the rent. If the landlord makes a promise to paint, clean or fix something, get that in writing too.
}}
 
===Allergies?===
 
Many tenants move into a place only to find that it is not suitable to their personal situation. For example, if you are allergic to cigarette smoke, make sure your written tenancy agreement states that it is a non-smoking building. If the landlord breaks your agreement by allowing a smoker to move in next door when you had an agreement that it was a non-smoking building, you may be able to claim for compensation from the landlord. However, if your written agreement does not mention it, and you later find that you can't tolerate the smoking, it may be you who has to pay if you are breaking a lease or moving without proper notice. The same is true with pets. While your agreement may say that you are not allowed to have pets, other people in the building who have lived there longer may have different agreements. Don't assume your agreement is the same as anyone else's in the building. If you don't want to live in a building with pets make sure your agreement clearly states that there are no pets in the building.
 
===Always make sure===
 
Always make sure:
*the agreement is dated,
*the agreement is signed by both you and your landlord,
*both you and your landlord put your initials beside any changes to the agreement,
*the agreement says the same things you and your landlord agreed to when you spoke (if you don't put it in writing, it is not part of the agreement), and
*you get a copy of the agreement right away (in case you need proof).


==Legislation and links==
==Legislation and links==

Revision as of 23:49, 11 December 2018

Tenant Survival Guide
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Tenant Survival Guide.
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Contents
Introduction
Preparing to Rent
Finding Rental Housing
Entering a Tenancy
Moving In
Rent
Living in Peace
Repairs and Services
Evictions
Moving Out
Dispute Resolution
Other Resources for Tenants
From
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Tenant Resource & Advisory Centre
Tenant Resource & Advisory Centre
v • d • e

DO: carefully review and sign a tenancy agreement. This is one of the most effective ways you can protect yourself as a tenant.

DO NOT: forget that the Residential Tenancy Act prevents landlords and tenants from “contracting out” of the law. Any term of a tenancy agreement that avoids the law is considered unenforceable.

Protect yourself with a written contract

Although verbal tenancy agreements are covered by the Residential Tenancy Act (RTA), it is always best to have a written agreement with your landlord. Signing a hardcopy contract is one of the best ways you can protect yourself as a tenant, since it proves the terms you agreed to at the start of your tenancy. Your landlord may use the standard Residential Tenancy Branch (RTB) tenancy agreement, or they may use their own custom tenancy agreement. If they choose to use their own agreement, it must have all the standard information required by law – just like the RTB agreement. See section 12 of the RTA and section 13 of the Residential Tenancy Regulation for more information.

Tenancy agreements

Terms in a tenancy agreement

According to section 13 of the Residential Tenancy Act (RTA), every tenancy agreement is supposed to include:

  • the standard terms – listed on the Residential Tenancy Branch’s (RTB) standard tenancy agreement and in the Schedule of the Residential Tenancy Regulation (RTR);
  • the names of the tenant(s) and landlord(s);
  • the address of the rental unit;
  • the date the agreement is entered into;
  • the address and telephone number of the landlord or landlord’s agent;
  • the date the tenancy will start;
  • the tenancy period – whether it is on a weekly, monthly, or other basis;
  • if a fixed term tenancy, the date on which the tenancy ends;
  • if a fixed term tenancy with a “vacate clause”, the date on which the tenant must vacate;
  • the amount of rent;
  • how much rent varies depending on the number of occupants;
  • when rent is due;
  • what services and facilities are included in rent; and
  • the amount of security deposit or pet damage deposit required, and the date it was or must be paid.

Illegal terms

Section 5 of the RTA prevents landlords and tenants from “contracting out” of the law. In other words, if you sign a tenancy agreement with a term that unfairly reduces your rights as a tenant, that term may be considered unenforceable. For example, it is illegal for a landlord to include a term in an agreement that allows them to inspect a tenant’s home at any time without proper notice. Section 29 of the RTA clearly states that landlords must give at least 24 hours notice in writing, and that rule cannot be avoided.

Unconscionable terms

Section 6 of the RTA prevents landlords from including “unconscionable” terms in tenancy agreements. According to section 3 of the RTR and RTB Policy Guideline 8, an unconscionable term is as a term that is oppressive or grossly unfair to one party. For example, RTB Policy Guideline 1 says that it is likely unconscionable for a landlord to include a term in an agreement that requires a tenant to put utilities for another unit in their name.

Month-to-month tenancies

A month-to-month tenancy does not have a pre-determined date on which it ends. The tenancy continues until the tenant gives proper notice to move out, or until the landlord legally ends the tenancy. Section 1 of the RTA refers to a month-to-month tenancy as a “periodic tenancy”. Month-to-month tenancies are by far the most common type of periodic tenancy, but a tenancy can also be established on a weekly or other periodic basis.

Pros: Month-to-month tenancies offer flexibility. If your life takes an unexpected turn that requires you to move, you are only required to provide one-month notice in writing to end your tenancy.

Cons: Month-to-month tenancies leave you vulnerable to evictions for “landlord’s use”. If your landlord wants to occupy your rental unit, allow a “close family member” to occupy the unit, make major renovations, or demolish your building, they can issue you a Two Month or Four Month Eviction Notice for Landlord’s Use of Property under section 49 of the RTA.


Fixed term tenancies

A fixed term tenancy – often referred to as a “lease” – has a pre-determined date on which the tenancy ends or is up for renewal – most commonly after one year. If you enter into a fixed term tenancy, pay close attention to what your agreement says happens at the end of the term. There are three possibilities:

  1. You must vacate at the end of the fixed term: This type of “vacate clause” can only be used in limited circumstances listed in section 13.1 of the RTR, or when a subtenant is signing a temporary sublease. If you have this type of fixed term tenancy, you must move out at the end of the term and you are not entitled to any compensation.
  2. The tenancy may continue on a month-to-month or another fixed term basis: You and your landlord can mutually agree to extend your tenancy for another fixed term. However, if you would prefer that your tenancy instead continue on a month-to-month basis, your landlord cannot force you to renew the agreement on a fixed term basis. If you do not want your tenancy to continue on either a month-to-month or fixed term basis because you plan to move out at the end of the term, you must provide your landlord with one full month notice in writing.
  3. The tenancy agreement does not say what will happen at the end of the fixed term: According to section 44(3) of the RTA, if your tenancy agreement is silent on the matter, it will automatically continue on a month-to-month basis, unless you and your landlord mutually agree to renew on a fixed term basis. Again, if you plan to move out at the end of the fixed term, you must provide one full month notice in writing.

Pros: Fixed term tenancies offer stability. For the duration of your agreement, you cannot be evicted because of a Two Month or Four Month Eviction Notice for Landlord’s Use of Property.

Cons: Fixed term tenancies provide less flexibility than month-to-month tenancies. If you need to end your tenancy early – also known as “breaking your lease” – you may end up owing your landlord some money.

See RTB Policy Guideline 30 for more information.

Legal fees

Sections 6 and 7 of the RTR list the refundable and non-refundable fees that a landlord can legally charge a tenant.

Late payment of rent: Your landlord can charge a non-refundable fee of up to $25 for late payment of rent, but only if this term has been written into your tenancy agreement.

New, replacement, and additional keys: Your landlord can charge a non-refundable fee for replacing a key that you lost, or for providing an additional key at your request. This fee cannot be more than the direct cost of the key. Your landlord can also charge you a refundable fee if they provide you with any keys in addition to the key that provides your sole means of access to the residential property. Again, this fee cannot be more than the direct cost of the key. At the start of your tenancy, your landlord cannot charge you a fee for rekeying the locks.

Returned cheque: If you do not have enough money in your bank account when your landlord tries to deposit your rent cheque, your bank may charge your landlord a service fee. If this happens, your landlord can require that you pay them back for the cost of the fee. In addition, your landlord can charge you a non-refundable fee of up to $25 for the return of your cheque by a financial institution, but only if this term has been written into your tenancy agreement.

Moving fees: If you request to move to a new rental unit within the same property, your landlord can charge you a non-refundable fee that does not exceed the greater of $15 or 3% of your rent. Also, if you live in a building or complex managed by a strata corporation, you may be required to pay non-refundable move-in and move-out fees.

Security deposits

A security deposit – often referred to as a “damage deposit” – is money that a landlord collects at the start of a tenancy and holds until the end of the tenancy. According to section 19(1) of the RTA, the maximum amount a landlord can charge for a security deposit is half the monthly rent. If your landlord requires a security deposit, you must pay it within 30 days of the date it is required to be paid.

A security deposit secures the tenancy for you and your landlord. Once you have paid your deposit, you cannot decide to move in somewhere else, and your landlord cannot decide to rent to someone else. If you pay a security deposit but do not move in, your landlord may be allowed to keep your deposit. You may even have to pay additional money to cover the cost associated with re-renting your unit, or to cover your landlord’s lost rental income if they cannot find a replacement tenant.

Security deposits also cover damage. If your landlord believes you are responsible for damage beyond reasonable wear and tear, they can ask the RTB for permission to keep your security deposit.

Applying your security deposit towards rent: According to section 21 of the RTA, you are not allowed to apply your security deposit towards rent without your landlord’s permission. For example, you cannot pay only half of your last month’s rent and tell your landlord to cover the remaining half with your security deposit, unless you have their written consent.

Pets and pet damage deposits

According to section 18 of the RTA, landlords can restrict pets entirely, or set limits on the number, size, or type of pets a tenant can have in their rental unit. If your landlord allows you to have a pet, it is important to include that term in your tenancy agreement. Do not rely on verbal permission alone – make sure it is in writing.

If you are allowed to have a pet, your landlord can require a pet damage deposit of up to half the monthly rent. This is the maximum amount a landlord can charge for a pet damage deposit, regardless of how many pets you have. You will have to pay this deposit either at the start of your tenancy, or when you get a pet at any point during your tenancy. If your pet causes extraordinary damage or unreasonably disturbs others, your landlord may try to evict you and keep your pet damage deposit. See RTB Policy Guidelines 28 and 31 for more information.

Guide dogs: If you have a dog that falls under the Guide Dog and Service Dog Act, your landlord must allow it and cannot require a pet damage deposit.

Overpaying a deposit

The maximum amount you can be charged for a security deposit or pet damage deposit is half the monthly rent. If you have been overcharged for either, section 19(2) of the RTA allows you to deduct the overpayment from your next month’s rent. Some landlords may not know that tenants have this right, so make sure to clearly communicate with your landlord if you decide to deduct rent for this reason. If you are not comfortable withholding rent, you can apply for dispute resolution to recover the overpayment.

Roommates

Co-tenants

“Co-tenants” are roommates who share a single tenancy agreement. Each pay period, co-tenants collectively pay rent to their landlord, and decide among themselves how to divide the cost. This is the most common type of roommate setup for couples, friends, and families. To ensure that you are considered a co-tenant rather than an “occupant/roommate”, make sure your name is clearly listed on your tenancy agreement.

Co-tenants are jointly responsible for everything related to their tenancy, which means they are all equally responsible for each other’s behaviour. If the full rent is not paid on time because of one co-tenant, the landlord could issue an eviction notice that applies to everyone. Similarly, if damage has been caused to the rental unit, the landlord could choose to seek monetary compensation from any roommate – even if it was not that person’s fault.

Disputes between co-tenants: Disputes between co-tenants are not covered by the Residential Tenancy Act (RTA) and cannot be resolved through the Residential Tenancy Branch (RTB). A common dispute can arise when one roommate is late with their portion of the rent, and the other roommates are forced to pay the difference to avoid eviction. From a legal standpoint, this type of monetary dispute would have to be settled through Small Claims Court, the Civil Resolution Tribunal, or BC Supreme Court.

Problems can also arise when one co-tenant decides to move out, as that decision can affect the remaining co-tenants. Here are the two possible scenarios for when a co-tenant moves out:

  1. If the roommate leaving gives proper notice in writing to move out, the tenancy will end for the other co-tenants as well – even if they did not sign the notice. The remaining roommates will have to either move out or sign a brand-new tenancy agreement in order to stay.
  2. the roommate leaving does not give proper notice in writing to move out, the tenancy will continue and all of the co-tenants will still be responsible for paying the full rent on time. The remaining co-tenants may wish to speak to the landlord about legally ending the tenancy or amending the tenancy agreement to add a replacement roommate.

See RTB Policy Guideline 13 for more information.

Tenants in common

“Tenants in common” are tenants who live in the same rental unit but have separate tenancy agreements with the landlord. For example, a landlord may rent out individual bedrooms in a house under separate agreements. With this type of roommate setup, you are only responsible for your own behaviour. If another tenant fails to pay their rent on time or decides to move out, it will have no legal effect on your tenancy.

Sharing common space in this way can be an effective way to get cheaper rent without having to sign an agreement with another person. However, the disadvantage of this type of setup is that your landlord may not consult you when choosing your roommates.

Problems between tenants in common: Disputes between tenants in common are not covered by the RTA and cannot be resolved through the RTB. If you and another tenant in common have a dispute relating to your tenancy that cannot be settled on your own, consider putting your concerns to your landlord in writing. Once notified, your landlord should attempt to intervene and correct the situation. Alternatively, some legal problems may have to be settled through Small Claims Court, the Civil Resolution Tribunal, or BC Supreme Court.

Occupants / roommates

An “occupant/roommate” is a person who rents from a tenant with whom they live, rather than the landlord, and is therefore not covered under the RTA. This living situation is common in shared houses where a “head-tenant” rents out bedrooms to roommates. If you enter this kind of arrangement, you will not be protected by the RTA, and TRAC and the RTB will not be able to assist you. See RTB Policy Guideline 19 for more information.

Disputes between “occupants/roommates” and tenants/landlords: Occupants/roommates cannot use the RTB’s dispute resolution system to settle disputes with tenants, landlords, or other occupants/roommates. Instead, any legal problems would have to be settled through Small Claims Court, the Civil Resolution Tribunal, or BC Supreme Court.

Changing terms in a tenancy agreement

Aside from the exceptions listed in section 14(3) of the RTA, the terms of a tenancy agreement can only be changed by mutual consent. If you and your landlord both agree to a change, feel free to amend your existing agreement. For example, you can cross out a term, enter a new one, add the date, and both initial the change. Alternatively, you can sign an addendum on a separate sheet of paper that outlines the agreed upon change. Either way, make sure that you receive a copy of the revised tenancy agreement or addendum. See section 14 of the Residential Tenancy Act for more information.

Legislation and links

Legislation

Links

Resources and forms

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Tenant Resource & Advisory Centre, 2012.


v • d • e
Introduction
Preparing to Rent
Finding Rental Housing
Entering a Tenancy
Moving In
Rent
Living in Peace When Renting
Repairs and Services
Evictions
Moving Out
Dispute Resolution
Other Resources for Tenants
Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada LicenceTenant Survival Guide © TRAC Tenant Resource & Advisory Centre is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.
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