Difference between revisions of "Moving In and Moving Out in Residential Tenancies (19:III)"

Latest revision as of 20:33, 8 August 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 2, 2023.

A. Condition: Moving In

The landlord and tenant together must inspect the condition of the rental unit on the day the tenant is entitled to possession of the rental unit or on another mutually agreed day (RTA, s 23 (1)), and once more on a mutually agreed day when the tenant moves out. Landlords can use their own forms as long as they contain all the information required in s 20 of the RTR.

NOTE: RTA s 23, Condition Inspection Report: Start of Tenancy, and RTA s 24: consequences if report requirements are not met, do not apply to a landlord or tenant in respect of a tenancy that started before January 1, 2004.

1. Landlord

The landlord must conduct, complete and sign the report even if the tenant refuses to participate. The right of a landlord to claim against a security or pet damage deposit for damage to the residential property is extinguished if the landlord does any of the following acts or omissions contained in RTA ss. 23 and 24(2):

fails to offer the tenant at least two opportunities for the inspection;
does not participate in the inspection; or
does not complete the condition inspection report and give the tenant a copy of it within seven days after the condition inspection is completed.

2. Tenant

The right of a tenant to the return of a security deposit or a pet damage deposit, or both, is extinguished if the landlord has complied with s 23(3), given two opportunities for inspection, and the tenant has not participated in either occasion.

B. Condition: Moving Out

The landlord and tenant together must inspect the condition of the rental unit before a new tenant begins to occupy the rental unit on or after the day the tenant ceases to occupy the rental unit, or on another mutually agreed day (RTA, s 35(1)).

1. Landlord

Unless the tenant abandons a rental unit, the right of the landlord to claim against a security or a pet damage deposit, or both, for damage to residential property is extinguished if the landlord does not offer the tenant at least two opportunities for the inspection or does not participate on either occasion, or having made an inspection with the tenant does not complete the condition inspection report and give the tenant a copy of it in accordance with the RTR.

2. Tenant

The right of a tenant to the return of a security deposit or a pet damage deposit, or both is extinguished if the landlord complies with RTA s 35 (provides two opportunities for inspections), and the tenant has not participated on either occasion (s 36(1)).

C. 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 altered the locking system, the landlord need not do so again (RTA, s 25).

D. Duty to Provide a Copy of the Agreement

Section 13(3) of the RTA provides that within 21 days after a landlord and tenant enter into a tenancy agreement, the landlord must give the tenant a copy of the agreement.

E. Obligations on Move Out

1. Tenant Obligations

Give proper notice;
participate in move-out condition inspection;
leave the unit clean;
repair damage caused (above normal wear and tear), including damage caused by guests or pets above normal wear and tear levels;
return all the keys and other means of access; and
remove all possessions from the rental unit and the residential property.

2. Landlord Obligations

Give proper notice;
schedule and participate in the move-out condition inspection and provide the tenant with a copy of the condition inspection report; and
return security deposit and pet damage deposit or file to retain them in accordance with the RTA.

F. 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 rent (at the tenancy agreement rate) until the unit is rented or the fixed term expires.

NOTE: Refer to the tenancy agreement, as some agreements will have move-out clauses that will express what a tenant’s obligations will be upon breaking their fixed term tenancy.

NOTE: A landlord cannot evict a tenant except for cause during the term of a fixed-term tenancy. A landlord may not give notice before the end of the fixed term even if the property is sold or the landlord’s family wishes to move into the rental unit.

NOTE: Effective July 11, 2022, there are now compensation requirements in place that could result in a landlord being ordered to compensate a tenant 12 times the monthly rent if they include a vacate clause in a fixed-term tenancy agreement in accordance with Section 13.1 of the Residential Tenancy Regulation, and they or their close family member do not occupy the rental unit for at least 6 months at the end of the fixed term. See Policy Guideline 50 for more information.

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+{{REVIEWED LSLAP | date= August 2, 2023}}
 {{LSLAP Manual TOC|expanded = landlord}}
-CHAPTER 4 TENANCY AGREEMENTS
-=A. Protecting the Tenant=
-A third party should accompany a potential tenant during a rental unit showing, so there is a witness as to the landlord’s representations made during the showing. Important: Get the landlord’s promises in writing if possible, but note that landlords are not obligated to provide them in writing.
-After establishing the tenancy and before the tenant moves their personal possessions into the rental unit, the RTA requires the landlord and tenant to jointly conduct a condition inspection and fill out and sign the RTB’s Condition Inspection Report. This report notes the condition of various elements of the rental unit. The tenant may want to take photographs at the initial move-in inspection, as well as the move-out inspection. The landlord must provide the tenant with a copy of the Condition Inspection Report within 15 days.
+== '''A. Condition: Moving In''' ==
+The landlord and tenant together must inspect the condition of the rental unit on the day the tenant is entitled to possession of the rental unit or on another mutually agreed day (RTA, s 23 (1)), and once more on a mutually agreed day when the tenant moves out. Landlords can use their own forms as long as they contain all the information required in s 20 of the ''RTR''.
+:'''NOTE:''' RTA s 23, Condition Inspection Report: Start of Tenancy, and RTA s 24: consequences if report requirements are not met, do not apply to a landlord or tenant in respect of a tenancy that started before January 1, 2004.
+=== 1. Landlord ===
+The landlord must conduct, complete and sign the report even if the tenant refuses to participate. The right of a landlord to claim against a security or pet damage deposit for damage to the residential property is extinguished if the landlord does any of the following acts or omissions contained in RTA ss. 23 and 24(2):
+*fails to offer the tenant at least two opportunities for the inspection;
+*does not participate in the inspection; or
+*does not complete the condition inspection report and give the tenant a copy of it within seven days after the condition inspection is completed.
+=== 2. Tenant ===
+The right of a tenant to the return of a security deposit or a pet damage deposit, or both, is extinguished if the landlord has complied with s 23(3), given two opportunities for inspection, and the tenant has not participated in either occasion.
+== '''B. Condition: Moving Out''' ==
+The landlord and tenant together must inspect the condition of the rental unit before a new tenant begins to occupy the rental unit on or after the day the tenant ceases to occupy the rental unit, or on another mutually agreed day (RTA, s 35(1)).
+=== 1. Landlord ===
+Unless the tenant abandons a rental unit, the right of the landlord to claim against a security or a pet damage deposit, or both, for damage to residential property is extinguished if the landlord does not offer the tenant at least two opportunities for the inspection or does not participate on either occasion, or having made an inspection with the tenant does not complete the condition inspection report and give the tenant a copy of it in accordance with the RTR.
+=== 2. Tenant ===
+The right of a tenant to the return of a security deposit or a pet damage deposit, or both is extinguished if the landlord complies with RTA s 35 (provides two opportunities for inspections), and the tenant has not participated on either occasion (s 36(1)).
+== '''C. 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 altered the locking system, the landlord need not do so again (RTA, s 25).
+== '''D. Duty to Provide a Copy of the Agreement''' ==
+Section 13(3) of the RTA provides that within 21 days after a landlord and tenant enter into a tenancy agreement, the landlord must give the tenant a copy of the agreement.
-Fees for cable and internet should be negotiated before the tenancy commences, and included in the Tenancy Agreement.
+== '''E.	Obligations on Move Out''' ==
-The Residential Tenancy Branch provides a fillable and printable Tenancy Agreement at www.rto.gov.bc.ca/documents/RTB-1.pdf. TRAC’s website has more information as well as translations of the Tenancy Agreement forms into Punjabi, and Simplified and Traditional Chinese at www.tenants.bc.ca/other-languages.
-=B. General=
+=== 1. Tenant Obligations ===
-The “leasehold” or tenancy interest is an estate (a bundle of property rights) of limited duration, which is created and acquired by the “tenant” when a person capable of granting that interest does so. Such a person (usually called the owner or landlord) conveys to the tenant the right of “exclusive possession”. The interest that the landlord retains is called the “reversion”, and full possession reverts back to the landlord on the termination of the tenancy.
-The landlord can sell his or her reversion to someone else, who becomes the new landlord and property owner. The tenancy follows the property, not the initial owner, so a tenancy agreement is still binding on a new owner, who is responsible for repaying the initial security and/or pet damage deposit when the tenancy ends (RTA, s 93).
+*Give proper notice;
+*participate in move-out condition inspection;
+*leave the unit clean;
+*repair damage caused (above normal wear and tear), including damage caused by guests or pets above normal wear and tear levels;
+*return all the keys and other means of access; and
+*remove all possessions from the rental unit and the residential property.
-==1. Two Methods of Creating a Tenancy Relationship==
+=== 2. Landlord Obligations ===
-===a) By Formal Contract===
-A tenancy interest is granted by a contract known as a tenancy agreement or lease. Often the parties will enter into an express agreement (see Section III.C: Contractual Nature of the Tenancy Agreement). The executed tenancy agreement governing the tenant’s possession may be written, or oral, or both (see the s 1 definition of “tenancy agreement”). To be enforceable, the elements of a complete contract (offer, acceptance, and consideration) must be present (see Chapter 9: Consumer Protection).
-===b) By Implied Contract===
-Every tenancy agreement entered into on or after January 1, 2004 must be prepared in writing by the landlord (RTA, s 12(1)).
-Notwithstanding this obligation to prepare the agreement in writing, where a tenant is already in possession of the unit, or where rent has been paid, the law may imply the existence of a valid tenancy agreement (see Section III.C.2: Terms, Covenants, and Conditions). This type of rental agreement is quite common because many tenancies are entered into on the basis of an application form, or verbal consensus, without the existence of any written contract. A “tenancy agreement” may be found to exist, notwithstanding the fact that:
+*Give proper notice;
+*schedule and participate in the move-out condition inspection and provide the tenant with a copy of the condition inspection report; and
+*return security deposit and pet damage deposit or file to retain them in accordance with the RTA.
-i) there is no written tenancy agreement;
+== '''F. Breaking a Fixed Term Tenancy''' ==
-ii) a previously existing agreement has expired or terminated; or
+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 rent (at the tenancy agreement rate) until the unit is rented or the fixed term expires.
-iii) there was no previous agreement of any kind.
+:'''NOTE:''' Refer to the tenancy agreement, as some agreements will have move-out clauses that will express what a tenant’s obligations will be upon breaking their fixed term tenancy.
-If the person in possession pays rent or a deposit and the landlord accepts the payment with the intention of creating a tenancy, an agreement is created.
+:'''NOTE:''' A landlord cannot evict a tenant except for cause during the term of a fixed-term tenancy. A landlord may not give notice before the end of the fixed term even if the property is sold or the landlord’s family wishes to move into the rental unit.
-==2. Where Something Other than a Tenancy is Created==
+:'''NOTE:''' Effective July 11, 2022, there are now compensation requirements in place that could result in a landlord being ordered to compensate a tenant 12 times the monthly rent if they include a vacate clause in a fixed-term tenancy agreement in accordance with Section 13.1 of the Residential Tenancy Regulation, and they or their close family member do not occupy the rental unit for at least 6 months at the end of the fixed term. See Policy Guideline 50 for more information.
-An agreement or circumstances may create something other than a tenancy. A person may be a tenant at will, a tenant on sufferance, a licensee, or a mere occupant.
-An occupant or person in possession who is not a tenant has no agreement with the landlord concerning that possession or occupation. In the case of a licensee or occupant living in a home by permission of a main tenant (when the landlord/owner lives off-site), the main tenant is responsible for all obligations, including paying rent (and utilities if required). If the licensee or occupant is sharing a kitchen or bathroom with the landlord, the parties can seek remedies in Small Claims Court.
+{{LSLAP Manual Navbox|type=chapters15-23}}

Difference between revisions of "Moving In and Moving Out in Residential Tenancies (19:III)"

Latest revision as of 20:33, 8 August 2023

A. Condition: Moving In

1. Landlord

2. Tenant

B. Condition: Moving Out

1. Landlord

2. Tenant

C. Re-keying Locks for New Tenants

D. Duty to Provide a Copy of the Agreement

E. Obligations on Move Out

1. Tenant Obligations

2. Landlord Obligations

F. Breaking a Fixed Term Tenancy

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