Difference between revisions of "Living in Peace When Renting"

Latest revision as of 20:05, 10 January 2019

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Tenant Resource & Advisory Centre, 2018.

DO: respect your neighbours’ right to quiet enjoyment. Treat them how you expect them to treat you.

DO NOT: think that quiet enjoyment gives you the right to complete silence. If you live with neighbouring tenants, you should expect some noise – especially during the day.

The meaning of quiet enjoyment

Section 28 of the Residential Tenancy Act (RTA) covers “quiet enjoyment” – an important legal principle that gives every tenant the right to:

reasonable privacy;
freedom from unreasonable disturbances;
exclusive use of their rental unit (unless their landlord is allowed to enter by law); and
use of common areas for reasonable purposes.

Here are some situations that may be considered breaches, or violations, of quiet enjoyment:

unreasonable and ongoing noise;
unreasonable and ongoing second-hand smoke;
intimidation or harassment;
landlord entering your rental unit too frequently;
landlord entering your rental unit without permission or proper notice; and
landlord unreasonably refusing you access to common areas of the residential property.

The RTA deals with tenant-landlord relationships – not tenant-tenant relationships. This means that if another tenant has breached your right to quiet enjoyment, and you do not feel comfortable approaching them about the matter, you can ask your landlord to step in and correct the situation. If your landlord fails to ensure that your right to quiet enjoyment is protected, you can take your landlord – not the tenant – to dispute resolution.

Landlord entry

Legal landlord entry

To legally enter a rental unit, landlords must provide tenants with written notice at least 24 hours – but not more than 30 days – before entering. The notice must state:

the date;
the time (between 8am and 9pm); and
a reasonable reason for entry, such as making repairs or completing a monthly inspection.

If your landlord has given proper notice, they can enter your rental unit even if you are not home at that time.

Exceptions: A landlord can enter a rental unit without proper notice or permission if:

there is an emergency and the landlord’s entry is necessary to protect life or property;
the landlord has obtained a Residential Tenancy Branch order that gives them permission to enter;
the landlord or an agent of the landlord needs to provide housekeeping services in accordance with the tenancy agreement; or
the tenant has “abandoned” the rental property, according to Part 5 of the Residential Tenancy Regulation.

See section 29 of the Residential Tenancy Act for more information.

Illegal landlord entry

If your landlord enters your rental unit illegally, write them a letter explaining that they must provide you with proper written notice in the future. If your landlord continues to break the law, an arbitrator can:

order your landlord to obey the law in the future;
give you permission to change the locks and keep the only key;
allow your landlord to enter only under certain conditions; and
if your landlord’s behaviour is serious enough, order them to pay you money.

It can be difficult to prove to an arbitrator that your landlord entered your home illegally. Evidence such as photos, videos, complaint letters, witness statements, and affidavits can significantly improve your chances of winning a dispute resolution hearing.

Noise

Quiet enjoyment gives you the right to be free from unreasonable disturbances; it does not give you the right to complete silence at all times. If you live with neighbouring tenants, you should expect a reasonable amount of noise – especially during the day. In addition, if you live in an older building, you should expect inferior soundproofing compared to more modern buildings. To help you determine what is considered reasonable noise in your neighbourhood, check to see if your municipality has a noise bylaw.

If noise issues become unreasonable, inform your landlord in writing that your right to quiet enjoyment has been breached, or violated. Once notified, your landlord has a responsibility to investigate the problem and, if necessary, correct the situation. Although the police do not normally get involved in residential tenancy disputes, you can consider contacting them in extreme situations, such as an excessively loud party late at night.

Smoking

If you are searching for housing as a non-smoker, ask about the smoking rules for the entire building – not only the rental unit you are viewing. Some buildings with “no-smoking” policies may still have tenants who smoke because they have lived in the building since before the policy was introduced. Even though these tenants may legally be allowed to smoke, your landlord must still ensure that their smoking does not unreasonably disturb you.

Marijuana: Landlords in BC are allowed to restrict tenants from growing and smoking recreational marijuana in rental properties. Tenants who have been prescribed medical marijuana may have the right to consume it in their rental unit under the BC Human Rights Code, but they must also ensure that they are not violating another tenant’s right to quiet enjoyment under the Residential Tenancy Act.

Intimidation, harassment, and physical harm

Your landlord is never allowed to intimidate, threaten, or harass you. In the same way that a doctor must act professionally about matters related to your health, your landlord should treat you professionally when dealing with your tenancy. They are running a business and you are their customer.

If your landlord’s behaviour endangers your personal safety, you can apply to the Residential Tenancy Branch (RTB) for the right to change your locks and an order instructing your landlord to follow the law. According to section 45(3) of the RTA, you can also consider ending your tenancy early if your landlord has breached a “material term” and failed to correct the situation within a reasonable period after receiving your written warning. According to RTB Policy Guideline 8, a material term is a term that is so important that even the simplest breach or violation may give you the right to end your tenancy. Although this may seem straightforward, material terms can actually be quite complicated and case-by-case; it is possible for the same term to be considered material in one tenancy but not another.

If you end your tenancy due to breach of a material term, your landlord may apply for a monetary order against you, so be prepared to convince an arbitrator that there was no way your tenancy could have continued. Alternatively, you can always apply for dispute resolution to request permission to end your tenancy early.

Calling the police: The police do not generally get involved in residential tenancy disputes. However, if your landlord or another tenant ever physically hurts you, threatens to hurt you, forcibly enters your home, or puts you in danger, contact the police immediately.

Guests

According to section 9 of the Schedule in the Residential Tenancy Regulation, your landlord cannot unreasonably restrict guests from entering your rental property or charge you a fee for having guests visit – even if they stay overnight. However, at some point a “guest” becomes an “occupant”, so be reasonable when it comes to overnight visitors. The Residential Tenancy Act (RTA) does not provide any details on the maximum number of days a guest can visit, so use your best judgement.

Your tenancy agreement might try to limit the number of times guests can stay overnight throughout the year. If that is the case, remember that no tenancy agreement in BC can avoid the law, or contain unconscionable terms – even if it has been signed by the tenant. The RTA says that you can have guests visit and stay overnight under reasonable circumstances, and your landlord cannot take that right away. For example, if your tenancy agreement says that you can have overnight visitors for only 14 days per year, there is a reasonable argument to be made at dispute resolution that an arbitrator should find that term to be unconscionable and unenforceable.

Tenant Survival Guide © TRAC Tenant Resource & Advisory Centre is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.

@@ Line 1: / Line 1: @@
 {{Tenant Survival Guide TOC}}
-'''DO:''' check if your municipality has a “Standards of Maintenance” or “Good Neighbour” Bylaw. If so, you might be able to have a Bylaw Officer investigate your repair and maintenance concerns.
+{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
+'''DO:''' respect your neighbours’ right to quiet enjoyment. Treat them how you expect them to treat you.
-'''DO NOT:''' ignore any repair and maintenance issues you encounter. If the problem gets worse, you could be held responsible for at least some of the associated costs.
+'''DO NOT:''' think that quiet enjoyment gives you the right to complete silence. If you live with neighbouring tenants, you should expect some noise – especially during the day.
-==Landlord repair and maintenance responsibilities==
 [[File:noisy neighbors.jpg | right | frame | link= ]]
-According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section32 section 32(1)] of the ''Residential Tenancy Act (RTA)'', rental properties must comply with health, safety, and housing standards required by law. Landlords are generally responsible for the following repair and maintenance issues:
+==The meaning of quiet enjoyment==
-* heating;
-* plumbing;
-* electricity;
-* locks;
-* light fixtures in common areas;
-* walls, floors, and ceilings;
-* fire doors and fire escapes;
-* smoke detectors;
-* intercoms;
-* elevators;
-* painting at reasonable intervals;
-* routine yard maintenance, such as cutting grass and clearing snow, in multi-unit residential complexes;
-* infestations and pests, such as bed bugs;
-* serious mold issues; and
-* anything included in your tenancy agreement, such as the:
-** fridge
-** stove
-** laundry facilities
-** security system
-** furniture
-** garage
-** storage facilities
-When something needs to be fixed in your rental unit, let your landlord know in writing as soon as possible. If you delay and the problem gets worse, you could be held responsible for at least some of the associated costs – even if the original problem was not your fault. For example, if you do not immediately report bed bugs and the infestation spreads, you may have to pay for at least some of the treatment.
-It is important to document the repair issue and your attempts to contact your landlord. If your landlord refuses to fix the problem, you will have to apply for dispute resolution through the Residential Tenancy Branch. Having evidence that shows the issue, and that you informed your landlord of the issue – such as letters, photos, videos, and witnesses – will increase your chances of obtaining an order requiring your landlord to make the repair. You can also apply for monetary compensation from your landlord for ignoring your request, as well as a rent reduction until the repair has been completed.
-==Tenant repair and maintenance responsibilities==
-According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section32 section 32(2)] of the ''Residential Tenancy Act (RTA)'', you have a legal responsibility to maintain reasonable health, cleanliness, and sanitary standards in your rental unit. Tenants are generally responsible for the following repair and maintenance issues:
-* reasonable maintenance of carpets during the tenancy;
-* steam cleaning or shampooing the carpets at the end of tenancies lasting one year or longer;
-* steam cleaning or shampooing the carpets at the end of tenancies of any length involving pets or smoking;
-* cleaning marks on the walls;
-* removal of garbage from the rental unit;
-* replacing light bulbs;
-* routine yard maintenance, such as cutting grass and clearing snow, if you have exclusive use of the yard;
-* minor mold issues; and
-* repairing excessive damage from nail holes.
-See your tenancy agreement and Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf Policy Guideline 1] for more information.
-'''Improving your rental unit:''' If you want to make changes to your rental unit, such as painting the walls, ask your landlord for written consent. Making changes without permission could result in you owing your landlord some money, or having to restore the unit back to its original condition before moving out.
+[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section28 Section 28] of the ''Residential Tenancy Act (RTA)'' covers “quiet enjoyment” – an important legal principle that gives every tenant the right to:
+* reasonable privacy;
+* freedom from unreasonable disturbances;
+* exclusive use of their rental unit (unless their landlord is allowed to enter by law); and
+* use of common areas for reasonable purposes.
+Here are some situations that may be considered breaches, or violations, of quiet enjoyment:
+* unreasonable and ongoing noise;
+* unreasonable and ongoing second-hand smoke;
+* intimidation or harassment;
+* landlord entering your rental unit too frequently;
+* landlord entering your rental unit without permission or proper notice; and
+* landlord unreasonably refusing you access to common areas of the residential property.
-'''Wear and tear:''' Even the most well-behaved and respectful tenants can live in rental units that start falling apart due to old age. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section32 section 32(4)] of the RTA, you are not responsible for wear and tear that results from reasonable use of your rental unit. However, there is a difference between “reasonable wear and tear” and “damage”. Reasonable wear and tear refers to deterioration due to aging or other natural forces. If you, your guests, or your pets cause damage beyond wear and tear, such as a broken window, you are responsible for that damage. Contact your landlord and work out a solution for how the repair will be completed. In most cases, your landlord will ask for money to hire a qualified professional. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf Policy Guideline 1] for more information.
+The ''RTA'' deals with tenant-landlord relationships – not tenant-tenant relationships. This means that if another tenant has breached your right to quiet enjoyment, and you do not feel comfortable approaching them about the matter, you can ask your landlord to step in and correct the situation. If your landlord fails to ensure that your right to quiet enjoyment is protected, you can take your landlord – not the tenant – to dispute resolution.
-==Emergency repairs==
+==Landlord entry==
-For a repair to be considered an “emergency” as defined by [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''Residential Tenancy Act (RTA)'', it must be all three of the following:
+===''Legal'' landlord entry===
-# urgent;
-# necessary for the health or safety of people or property; and
-# made for the purpose of repairing one of the following:
-#* major leaks in pipes or the roof
-#* damaged or blocked water or sewer pipes or plumbing fixtures
-#* the primary heating system
-#* damaged or defective locks that give access to a rental unit
-#* the electrical systems
-Your landlord is required to give you an emergency contact number in writing, or post it in a common area of your building. If your situation meets the ''RTA'' definition of an “emergency”, try calling the emergency contact number at least twice, leaving a reasonable amount of time in between each attempt.
+To legally enter a rental unit, landlords must provide tenants with written notice at least 24 hours – but not more than 30 days – before entering. The notice must state:
+* the date;
+* the time (between 8am and 9pm); and
+* a reasonable reason for entry, such as making repairs or completing a monthly inspection.
-If you are unable to reach the emergency contact person, you have the right to cover the cost of the repair and ask your landlord to pay you back. If you choose this option, do your best to find a fair price by researching multiple companies. To reduce the chances of a future dispute with your landlord, make sure to keep copies of your research efforts, receipts, and related written communication.
+If your landlord has given proper notice, they can enter your rental unit even if you are not home at that time.
-'''Dispute resolution:''' Taking on emergency repairs can be complicated and expensive. If you do not have the money or time to deal with the repairs yourself, or you are worried that you may not follow the proper steps, apply for dispute resolution to request an emergency repair order. The Residential Tenancy Branch considers emergency repairs a top priority when scheduling hearings.
+'''Exceptions:''' A landlord can enter a rental unit without proper notice or permission if:
+* there is an emergency and the landlord’s entry is necessary to protect life or property;
+* the landlord has obtained a Residential Tenancy Branch order that gives them permission to enter;
+* the landlord or an agent of the landlord needs to provide housekeeping services in accordance with the tenancy agreement; or
+* the tenant has “abandoned” the rental property, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#part5 Part 5] of the ''Residential Tenancy Regulation''.
-==Standards of Maintenance==
+See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section29 section 29] of the ''Residential Tenancy Act'' for more information.
-The ''Residential Tenancy Act (RTA)'' is the most important law for you to understand, but it is not the only law that applies to tenants and landlords in BC. This is especially true when it comes to repairing and maintaining rental properties. Although the ''RTA'' states in general terms that landlords must comply with health, safety, and housing standards required by law, it does not do a good job of explaining what that means.
+===''Illegal'' landlord entry===
-For a more detailed description of your landlord’s legal responsibility to repair and maintain your rental property, you will need to research one of your City’s bylaws – usually referred to as a “Standards of Maintenance” or “Good Neighbour” bylaw. These local laws go into greater detail than the ''RTA'' on heating systems, hot water, infestations, exterior walls, roofing, elevators, fire escapes, etc. If your landlord is refusing to make certain repairs, your City might be willing to send a Bylaw Officer to inspect your property, issue warnings and fines to your landlord, or otherwise enforce the bylaw. Alternatively, the bylaw could be used as evidence for a repair order at a Residential Tenancy Branch (RTB) dispute resolution hearing.
+If your landlord enters your rental unit illegally, write them a letter explaining that they must provide you with proper written notice in the future. If your landlord continues to break the law, an arbitrator can:
+* order your landlord to obey the law in the future;
+* give you permission to change the locks and keep the only key;
+* allow your landlord to enter only under certain conditions; and
+* if your landlord’s behaviour is serious enough, order them to pay you money.
-Unfortunately, not all Cities have Standards of Maintenance / Good Neighbour bylaws, and some City bylaws are better than others. For a list of such bylaws from around the province, visit TRAC’s webpage on [https://tenants.bc.ca/repairs-and-maintenance Repairs and Maintenance].
+It can be difficult to prove to an arbitrator that your landlord entered your home illegally. Evidence such as photos, videos, complaint letters, witness statements, and affidavits can significantly improve your chances of winning a dispute resolution hearing.
-'''Illegal Secondary Suites:''' If your City finds out that you live in an illegal secondary suite, they could force your landlord to evict you by using a One Month Eviction Notice for Cause under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47(1)(k)] of the ''RTA''. For this reason, if your landlord refuses to make repairs to your illegal suite, your safest legal option may be to apply for a repair order through the RTB. Illegal secondary suites are covered under the ''RTA'' and the RTB will not inform your City that you are living in one.
+==Noise==
-==Services and facilities==
+Quiet enjoyment gives you the right to be free from unreasonable disturbances; it does not give you the right to complete silence at all times. If you live with neighbouring tenants, you should expect a reasonable amount of noise – especially during the day. In addition, if you live in an older building, you should expect inferior soundproofing compared to more modern buildings. To help you determine what is considered reasonable noise in your neighbourhood, check to see if your municipality has a noise bylaw.
-===Essential services and facilities===
+If noise issues become unreasonable, inform your landlord in writing that your right to quiet enjoyment has been breached, or violated. Once notified, your landlord has a responsibility to investigate the problem and, if necessary, correct the situation. Although the police do not normally get involved in residential tenancy disputes, you can consider contacting them in extreme situations, such as an excessively loud party late at night.
-Your landlord cannot reduce or restrict any service or facility that is essential and necessary to your rental unit and, if taken away, would make it impossible or impractical for you to live there. An example of an essential service may be an elevator in a multi-storey apartment building. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section27 section 27(1)] of the ''Residential Tenancy Act (RTA)'' and Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl22.pdf Policy Guideline 22] for more information.
+==Smoking==
-If you have a problem with an essential service or facility, ask your landlord in writing to correct the situation. If that does not work, apply for dispute resolution for an order requiring your landlord to restore the essential service or facility. You can also apply for monetary compensation from your landlord for ignoring your request, as well as a rent reduction until the service or facility has been restored.
+If you are searching for housing as a non-smoker, ask about the smoking rules for the entire building – not only the rental unit you are viewing. Some buildings with “no-smoking” policies may still have tenants who smoke because they have lived in the building since before the policy was introduced. Even though these tenants may legally be allowed to smoke, your landlord must still ensure that their smoking does not unreasonably disturb you.
-Alternatively, if the issue meets the ''RTA definition'' of “emergency repair” – for example, the primary heating system breaks during the winter – you can consider following the emergency repair procedures described in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''RTA''.
+'''Marijuana:''' Landlords in BC are allowed to restrict tenants from growing and smoking recreational marijuana in rental properties. Tenants who have been prescribed medical marijuana may have the right to consume it in their rental unit under the [http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01 BC Human Rights Code], but they must also ensure that they are not violating another tenant’s right to quiet enjoyment under the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.
-===Non-essential services and facilities===
+==Intimidation, harassment, and physical harm==
-Your landlord has the option to reduce or restrict non-essential services or facilities, but only if they provide 30 days written notice on an approved form and reduce your monthly rent by an amount equal to the value of the service or facility. For example, if internet was always provided as part of your tenancy agreement but has now been cancelled by your landlord, your rent should be reduced by the cost of a comparable internet package. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section27 section 27(2)] of the ''RTA'' for more information.
+Your landlord is never allowed to intimidate, threaten, or harass you. In the same way that a doctor must act professionally about matters related to your health, your landlord should treat you professionally when dealing with your tenancy. They are running a business and you are their customer.
-If your landlord reduces or restricts a non-essential service or facility without providing 30 days written notice and a rent reduction, do not withhold rent. Instead, you will have to resolve the problem by writing your landlord and explaining the law, or applying for dispute resolution for an order that they comply with your tenancy agreement.
+If your landlord’s behaviour endangers your personal safety, you can apply to the Residential Tenancy Branch (RTB) for the right to change your locks and an order instructing your landlord to follow the law. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section45 section 45(3)] of the RTA, you can also consider ending your tenancy early if your landlord has breached a “material term” and failed to correct the situation within a reasonable period after receiving your written warning. According to RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl08.pdf Policy Guideline 8], a material term is a term that is so important that even the simplest breach or violation may give you the right to end your tenancy. Although this may seem straightforward, material terms can actually be quite complicated and case-by-case; it is possible for the same term to be considered material in one tenancy but not another.
-==Legislation and links==
+If you end your tenancy due to breach of a material term, your landlord may apply for a monetary order against you, so be prepared to convince an arbitrator that there was no way your tenancy could have continued. Alternatively, you can always apply for dispute resolution to request permission to end your tenancy early.
-===Legislation===
+'''Calling the police:''' The police do not generally get involved in residential tenancy disputes. However, if your landlord or another tenant ever physically hurts you, threatens to hurt you, forcibly enters your home, or puts you in danger, contact the police immediately.
-*''[[Residential Tenancy Act]]''
+==Guests==
-*''[[Manufactured Home Park Tenancy Act]]''
-===Links===
+According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#Schedule section 9 of the Schedule] in the ''Residential Tenancy Regulation'', your landlord cannot unreasonably restrict guests from entering your rental property or charge you a fee for having guests visit – even if they stay overnight. However, at some point a “guest” becomes an “occupant”, so be reasonable when it comes to overnight visitors. The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' does not provide any details on the maximum number of days a guest can visit, so use your best judgement.
-*[[Residential Tenancy Branch]]
-*RTB Policy Guideline 6 - [http://www.rto.gov.bc.ca/documents/GL06.pdf Right to Quiet Enjoyment]
-*RTB Policy Guideline 7 - [http://www.rto.gov.bc.ca/documents/GL07.pdf Locks and Access]
-===Resources and forms===
+Your tenancy agreement might try to limit the number of times guests can stay overnight throughout the year. If that is the case, remember that no tenancy agreement in BC can avoid the law, or contain unconscionable terms – even if it has been signed by the tenant. The ''RTA'' says that you can have guests visit and stay overnight under reasonable circumstances, and your landlord cannot take that right away. For example, if your tenancy agreement says that you can have overnight visitors for only 14 days per year, there is a reasonable argument to be made at dispute resolution that an arbitrator should find that term to be unconscionable and unenforceable.
-*TRAC Template Demand Letters - [http://tenants.bc.ca/template-letters/ Loss of Quiet Enjoyment, Landlord's Right to Enter a Rental Unit Restricted]
-{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2012}}
 {{Tenant Survival Guide Navbox}}

Difference between revisions of "Living in Peace When Renting"

Latest revision as of 20:05, 10 January 2019

Contents

The meaning of quiet enjoyment

Landlord entry

Legal landlord entry

Illegal landlord entry

Noise

Smoking

Intimidation, harassment, and physical harm

Guests

Navigation menu

Difference between revisions of "Living in Peace When Renting"

Latest revision as of 20:05, 10 January 2019

The meaning of quiet enjoyment

Landlord entry

Legal landlord entry

Illegal landlord entry

Noise

Smoking

Intimidation, harassment, and physical harm

Guests

Navigation menu

Search