Difference between revisions of "Moving Out When Renting"

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{{Tenant Survival Guide TOC}}
{{Tenant Survival Guide TOC}}
''Do'' give your landlord in writing a forwarding address where your security deposit can be sent. ''Don't'' move without giving at least one full month's written notice if you have a month-to-month tenancy agreement.
'''DO:''' give one month notice to end your month-to-month tenancy no later than the day before your rent is due. Failing to do so could result in you owing an extra month of rent.


== Giving notice ==
'''DO NOT:''' use email, text messaging, or social media when providing your one-month notice to move out. The Residential Tenancy Act does not accept those forms of digital communication for such notice.


The landlord must receive your notice no later than the day before your rent is due. For example, if you pay your rent on the first of the month and you are moving on May 31, your notice must be received on or before April 30. Your notice must be in writing. Include your name and address, and the date you are moving out. Sign and date your letter. Keep a copy for yourself.
==Giving notice to move out==


You can use TRAC's template letter- [http://tenants.bc.ca/template-letters/ Notice to End Month-to-Month Tenancy Agreement]
[[File:Tenant moving out.jpg | left | frame | link= ]]
 
===Month-to-month tenancies===
 
If you have a month-to-month agreement, you can end your tenancy by giving one-month notice no later than the day before your rent is due. For example, if you pay rent on the first day of the month and want to move out by May 31st, your notice must be received by your landlord no later than April 30th.
 
Your notice must be in writing, so avoid email, text messaging, and social media. Instead, give your landlord a signed and dated letter with your name, signature, address, and move-out date, as set out in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section52 section 52] of the ''RTA''. Make sure to keep a copy in a safe place and take photos for added protection.
 
===Fixed term tenancies===
 
If you have a fixed term agreement, giving notice to end your tenancy is a little more complicated. Since you have entered into a legal contract for a fixed amount of time, you are generally not allowed to give notice to move out before the end of your term.
 
Most fixed term tenancies convert to month-to-month tenancies at the end of the term. However, if you plan to move out at the end of the term rather than have your tenancy continue, you must provide one-month notice in writing no later than the day before your rent is due – just like month-to-month agreements.


===Taking back your notice===
'''Vacate clauses:''' Vacate clauses can only be used in situations listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section13.1 section 13.1] of the ''Residential Tenancy Regulation''. If your agreement has a vacate clause, you do not have to give proper notice before moving out, since you already agreed to your move-out date when signing your tenancy agreement.


If you have given written notice that you are moving, and the landlord learns that you will not move on the day that you said you would, the landlord can apply for an order to take possession of the place on the day you were supposed to move. In other words, you can’t give notice that you are moving and then change your mind unless the landlord agrees in writing to let you stay.
===Changing your mind===


===Short notice===
Unless you obtain your landlord’s permission in writing, you are not allowed to change your mind once you have provided proper written notice to end your tenancy. If your landlord suspects that you will not move out as planned, they can apply for an Order of Possession that will take effect on the date you are supposed to leave.


If you don't give your landlord one full month’s notice in writing, and your landlord can't find a new tenant right away, you could lose money. Your landlord could keep your security deposit or even try to make you pay the next month's rent. If you are breaking a lease, you could be responsible for rent until the landlord re-rents the place or the lease ends.
==Serving documents==


===Serving notice===
[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section88 Sections 88-90] of the ''Residential Tenancy Act (RTA)'' cover the rules about how tenants and landlords can give, or “serve”, forms and notices to each other. When it comes to serving your one month written notice, or any other type of form or notice, you should avoid email, text messaging, and social media, and instead use one of the following methods:
'''# In person:''' You can serve your written notice in person to your landlord, an adult who lives with your landlord, or an agent of your landlord. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of the delivery on your copy of the notice and have your witness sign it. A notice delivered in person is considered received that same day.
'''# Post the notice:''' You can attach your written notice in a visible spot at your landlord’s home, or the place where they carry out business as a landlord. For example, you can tape the notice to your landlord’s door. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of the delivery on your copy of the notice and have your witness sign it. Do not slide the notice under your landlord’s door. The ''RTA'' says that a posted notice is considered received on the third day after being posted.
'''# Mailbox or mail slot:''' You can put your written notice in the mailbox or mail slot at your landlord’s home, or the place where they carry out business as a landlord. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of the delivery on your copy of the notice and have your witness sign it. The ''RTA'' says that a notice left in the mailbox or mail slot is considered received on the third day after being left.
'''# Fax:''' You can serve your written notice by fax, if your landlord has provided you with a fax number for serving documents. Keep the confirmation printout showing the date and time the fax was sent. The ''RTA'' says that a faxed notice is considered received on the third day after being faxed.
'''# Mail:''' You can serve your written notice using regular or registered mail. If you want proof that your landlord received the notice, send it by registered mail so that Canada Post can give you confirmation. The ''RTA'' says that a mailed notice is considered received on the fifth day after being mailed.


The landlord can be the owner or the manager of your building, or even another tenant renting to you. There are different ways to serve the notice to your landlord that you are moving:
'''Proof of Service:''' It is important to always have proof that you served a document properly. To help with this, consider using the Small Claims Court form, [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl004f.pdf “Certificate of Service”].
*'''In person''': Give the notice to the landlord at home or at the place where he or she carries on business as a landlord. You can also give the notice to an adult who lives with the landlord, or you can give the notice to the landlord’s agent. Bring a witness who has read the notice with you. Write down on your copy of the notice the time, date and place where you delivered it, and get your witness to sign it. Do not give the notice to a child. Make sure you have a witness. The law says the notice is received the same day if you deliver it in person.
*'''Post the notice''': To post the notice, attach it in a visible spot at the landlord's home, or the place where he or she carries on business as a landlord. For example, you can tape the notice to the door. Bring a witness so you can prove the date that you posted the notice. Ask your witness to read the notice before you deliver it. Do not slide the notice under the door. The law says the notice is received on the third day after you post it.
*'''Mailbox or mail slot''': Put the notice in the mailbox or through the mail slot. Bring a witness so you can prove the date that you delivered the notice. Ask the witness to read the notice before you deliver it. The law says the notice is received on the third day after it is left.
*'''Fax''': You can serve your notice by fax if the landlord has provided you with a fax number for sending notices or documents. Keep the transmittal print-out that confirms the date that the fax was received. The law says the notice is received on the third day after you fax it.
*'''Mail''': You can mail your notice by regular or registered mail. If you want proof that the landlord received your notice, send it by registered mail. The post office will give you a receipt to prove that you mailed your notice. The law says the notice is received on the fifth day after you mail it, so make sure you give yourself enough time.


== Breaking a lease ==
'''Rebuttable presumption:''' When determining the date a document is legally considered received, there is always a “rebuttable presumption”. This means that even though the ''RTA'' has rules about when documents are considered received, they may not apply if there is evidence of the document being received on a different date. For example, if you mail a notice to your landlord and get email confirmation that they received it three days later, an argument could be made that it was received after three days rather than five days.


A lease, also called a fixed-term tenancy, says how long you will live in the place. There are two kinds of leases:
==Special service rules for certain documents ==


#'''Lease with a "move-out" clause:''' If your lease (also called a fixed-term tenancy agreement) says you have to move out when the lease ends, you might not get any other notice from your landlord. If you want to stay, you must sign a new agreement with the landlord.
Most documents can be served in any of the ways listed above, but there are some exceptions. For tenants, there are two types of documents where special rules apply – an application for dispute resolution and a notice from an arbitrator to review a decision or order. These types of documents can only be served in a limited number of ways:
#'''Lease without a "move-out" clause:''' A lease that says you have to stay for a minimum length of time (usually one year), but doesn't give a date when you must move out. This type of agreement lets you stay on after the lease ends and rent month-to-month. If you want to move on the date that your lease runs out, you must give a full month's notice in writing to your landlord. See the section [[Making Your Tenancy Agreement]] for more information about leases.
# by leaving a copy with the landlord;
# by leaving a copy with an agent of the landlord; or
# by sending a copy by registered mail to the address at which the landlord lives, or to the address at which the landlord carries on business as a landlord;


===Breaking your lease===
This is a complicated topic and there are additional special rules about serving documents. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section89 section 89] of the ''Residential Tenancy Act'' and Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl12.pdf Policy Guideline 12] for more information.


If you move out before the end of your lease ("break your lease") without finding someone to take it over, your landlord can require you to pay the rent until another tenant moves in. You may be able to challenge this, if the landlord is not trying to find another tenant. Give as much notice as possible, in writing.
===Emails, texts, and social media===


===Charges for breaking a lease===
The ''Residential Tenancy Act (RTA)'' does not recognize email, text messaging, and social media as acceptable methods of service. This means that when an official Residential Tenancy Branch (RTB) form must be served, or the ''RTA'' requires that something be done “in writing”, it is always safest to rely on hardcopy documents rather than email, text messaging, and social media. Landlords should never attach an eviction notice to an email, and tenants should never text their one-month notice to move out. If these issues ended up in dispute resolution, an arbitrator may rule that the documents were improperly served. That being said, if you receive a document that was not served properly, the safest option is to not ignore it. For example, if your landlord emails you an eviction notice, you should consider disputing it through the RTB so that an arbitrator can dismiss it and instruct your landlord to not illegally evict you.


If you move before your lease ends, you could be responsible for your landlord’s advertising and administrative costs to find another tenant. This charge is called liquidated damages. The amount should be a reasonable estimation of the cost of re-renting the place. You can dispute an unreasonable amount through a [[Dispute Resolution for Tenants|dispute resolution hearing]] at the [[Residential Tenancy Branch]]. Keep in mind that in addition to liquidated damages, you may be responsible for rent until the place is re-rented or your lease ends.
While hardcopy documents should always be used when serving official RTB forms and notices that are legally required to be given “in writing”, email, text messaging, and social media may be acceptable when it comes to more general correspondence. For example, since there is no official RTB form for requesting repairs, a series of emails showing your landlord’s neglect for a repair request might be accepted as evidence at dispute resolution – as long as you can prove that your landlord received the emails. When it comes to email, text messaging, and social media evidence at dispute resolution, the arbitrator handling your case will always have the final say on whether or not to accept the evidence.


===Finding someone to take over your lease===
==Illegally breaking a lease==


If you need to break a lease that runs for six months or more, you can find a new tenant to take your place. If you want to leave your home and not come back, you can "assign" it to another tenant. In this case, the assignee becomes responsible for the remainder of your lease. However, you may still be held responsible if the assignee does not carry out the terms of the agreement.
If you move out before the end of your fixed term tenancy – often referred to as “breaking a lease” – your landlord may be entitled to some money, depending on how much rental income they lost and whether they made reasonable efforts to find a replacement tenant.


If you want to leave your home and come back to it later, you can "sublet" to another tenant. You will be responsible for the place while you are away. You can only assign or sublet with your landlord's written permission. If you have a fixed-term tenancy of six months or longer, your landlord can't be unreasonable or unfair in refusing permission. If the landlord won't give permission, you can go to dispute resolution. 
===Consequences for breaking a lease===


===Moving because repairs are not done===
You may have to pay your landlord some money if you end your fixed term tenancy early, but it is not as simple as automatically owing the remaining months of rent. Once you have broken your lease, your landlord has a legal responsibility to minimize your loss, or “mitigate”, by trying to re-rent your unit at a fair price. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl05.pdf Policy Guideline 5] for more information.


You may be in a situation where you are frustrated that repairs are not being done and you want to move. You should still give your landlord proper notice or else you might be charged for the next month's rent in addition to your landlord's cost of re-renting the place. If you are breaking a lease, then you may be charged even more. You have the right to apply for dispute resolution if there are repairs that need to be done.  
If your landlord is forced to re-rent your unit at a $25 discount to secure a replacement tenant, they could be entitled to $25 per month over the remaining term of your agreement. However, if your landlord can re-rent your unit for more than what you were paying, that additional money they will earn over the remaining months of your agreement can be applied to, or “set off” against, any other money you owe your landlord for unpaid rent or damages. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl03.pdf RTB Policy Guideline 3] for more information.


===When problems are so serious you can't stay===
If your landlord applies for a monetary order against you but cannot prove that they made an honest attempt to re-rent your unit, you may not be required to pay for any of their lost rental income. This means that if your landlord refused to show your unit to potential tenants, never posted an advertisement, or had too high of an asking price, they may not be entitled to any monetary compensation.


Under serious circumstances you can move with short notice because the landlord has breached a material term in your tenancy agreement. You must first give your landlord written notice of the breach and an opportunity to do something about it. Then if the landlord does not do anything about the problem you can end your tenancy. ''(See section 45(3) and 52 of the [[Residential Tenancy Act|RTA]].)'' Keep in mind that the ''Residential Tenancy Act'' does not define "material term" because a term could be material in one agreement and not another. If you end your agreement because you say the landlord breached a material term, you need to be prepared to convince a Residential Tenancy Branch arbitrator that as a result of the breach the tenancy could no longer continue. Call the [http://www.clicklaw.bc.ca/helpmap/service/1085 Tenant Information Line] or the [[Residential Tenancy Branch]] for more information.
'''Liquidated damages:''' If you break a lease that includes a “liquidated damages” clause, you could be held responsible for the costs associated with finding a replacement tenant. A liquidated damages clause cannot be unreasonably high, especially considering the number of free online advertising options that are available. Liquidated damages is supposed to be a reasonable pre-estimate of the cost of re-renting a unit – not a penalty for breaking a lease. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl04.pdf RTB Policy Guideline 4] for more information.


[[File:Tenant moving out.jpg | left | frame | link= ]]
==Alternatives to breaking a lease==
 
If you must end your tenancy early, there are a few options to consider before packing up and leaving. Depending on your situation, you may be able to end your tenancy without having to illegally break your lease.
 
===Mutual agreement to end tenancy===
 
Your landlord may simply agree to end your tenancy early. To help convince them, offer to help find a new tenant by advertising your rental unit and making it accessible for regular viewings. The Residential Tenancy Branch (RTB) offers a standard [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy”] form.
 
===Sublet / assignment===
 
You might be able to sublet or assign your tenancy agreement. A sublet occurs when a tenant temporarily moves out and rents their unit to a subtenant until they return, whereas an assignment occurs when a tenant permanently moves out and transfers their agreement to a new tenant. To sublet or assign your tenancy agreement, you must have your landlord’s written consent. However, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section34 section 34(2)] of the ''Residential Tenancy Act (RTA)'', if your fixed term tenancy agreement has at least six months remaining on it, your landlord cannot unreasonably withhold their consent. If you believe your landlord is unreasonably withholding consent, you have the right to apply for dispute resolution to ask for an order allowing you to sublet or assign your tenancy.
 
There are important differences between sublets and assignments. When you sublet a rental unit, you retain rights and responsibilities associated with that tenancy agreement. However, when you assign a rental unit, your rights and responsibilities are usually transferred to the person to whom you are assigning the agreement. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl19.pdf Policy Guideline 19] for more information.
 
'''Exception:''' The sublet and assignment rules in the ''RTA'' do not apply to non-profit housing that falls under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section2 section 2] of the ''Residential Tenancy Regulation''.
 
===Landlord breach of a material term===
 
According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section45 section 45(3)] of the ''RTA'', you can 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 the tenancy. The ''RTA'' does not define “material term”, since the same term could 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 apply for dispute resolution to request permission to end your tenancy early.
 
===Family violence or long-term care===
 
Tenants can end a fixed term tenancy early by providing one month written notice if they:
* need to leave their rental unit to protect themselves or their children from family violence;
* have been assessed as requiring long-term care; or
* have been accepted into a long-term care facility.
 
To legally end a tenancy in these circumstances, you must provide your landlord with a completed RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb49.pdf “Ending Fixed Term Tenancy Confirmation Statement”], signed by an authorized third-party verifier.
 
When ending a tenancy early due to family violence, here are some common examples of third party verifiers:
* medical practitioner;
* nurse practitioner;
* psychologist;
* social worker;
* police officer;
* counsellor;
* practising lawyer; or
* victim court support caseworker;
 
When ending a tenancy early due to long-term care, here are some common examples of third party verifiers:
* medical practitioner;
* nurse practitioner;
* psychologist;
* social worker;
* manager of a long-term care facility; or
* occupational therapist.
 
For more information on this topic, including a full list of all third-party verifiers, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#part7 Part 7 of the Residential Tenancy Regulation].
 
==Cleaning responsibilities==
 
Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf Policy Guideline 1] provides an overview of your responsibility to clean your rental unit when moving out. Here are some examples of areas in your rental unit that you are expected to clean:
* the inside and outside of appliances, such as the stove, fridge, and dishwasher;
* behind and underneath the fridge and stove, if they are on rollers and can be pulled out;
* floors and wall vents;
* the insides of all your windows and doors;
* the outside of any sliding glass doors or balcony windows;
* blinds and window coverings;
* walls and baseboards;
* any fireplace you used, as well as its screen, vent, or fan; and
* if your tenancy was at least one year, or you smoked or had pets, the carpets should be steam cleaned or shampooed.
 
==Move-out condition inspection reports==
 
At the end of your tenancy, you and your landlord should walk through your rental unit and complete a move-out condition inspection report. This is a chance to fill out a checklist and document the condition of your home. Completing this report when you move in and move out will help determine how much damage, if any, has been caused during your tenancy.
 
===Approved forms===
 
There is a good chance your landlord will use the standard Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb27.pdf Condition Inspection Report]. However, if they choose to use their own custom form, it should still contain all the information required by [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section20 section 20] of the ''Residential Tenancy Regulation (RTR)'' – just like the standard RTB form.


== Cleaning and move-out inspection ==
===Scheduling an inspection===


You must leave your place clean when you move out. You are responsible for the cost of repairing damage caused by you or your guests. The landlord is responsible for normal wear-and-tear. If something wears out over months or years of normal use, you may not have to pay for it. Usually, you don't have to paint walls even if there are small nail holes. You might have to clean your carpets or drapes, depending on how long you have lived there and whether you had pets or smoked in the place. You are responsible for any damage that has occurred since you did your move-in inspection report.
According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section17 section 17] of the ''RTR'', your landlord must offer you at least two opportunities – between 8am and 9pm – to complete the move-out condition inspection. If you do not accept their first offer, your landlord is required to serve you with the RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb22.pdf “Notice of Final Opportunity to Schedule a Condition Inspection”]. If you are still unavailable for the second opportunity, you can have someone else participate on your behalf. Even if you are able to participate in the inspection, you may want to consider bringing a friend or family member as a witness. Ideally, the move-out condition inspection report should be completed on the day your tenancy ends, once all your belongings have been removed from the rental unit. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section35 section 35] of the ''Residential Tenancy Act'' for more information.  


===If you didn't do a move-in inspection===
===Participating in the inspection===


If you moved into your place, or began keeping a pet, after January 1, 2004, you and your landlord should have completed a condition inspection report. However, even if you moved in before this date you have to do an inspection report when you move out. While you won't have a move-in report to compare your move-out report to, at least you and the landlord will have documented the condition of the place in case you need to go to dispute resolution. You do not have to agree with the landlord on the report, but you must still participate.
It can be a good idea to take photos and videos during the inspection, especially if you disagree with your landlord about the condition of your rental unit. Once you have completed the condition inspection, make sure to sign and date the report. If you disagree with your landlord about any part of the inspection, there should be space on the form to list your concerns. If you do not sign the report because you disagree with it, it may be difficult to prove that you participated in the inspection. Your landlord must give you a copy of the completed report within 15 days of completing the inspection. Keep your copy in a safe place and take photos for added protection.


===Getting your security deposit back===
==Getting your deposit returned==


You have the right to get your full security and pet damage deposit back, unless there is damage, you didn’t participate in the condition inspection reports, you owe rent or utility payments, or you left the place dirty. You must provide your landlord with a forwarding address where your deposit can be sent to. You cannot use your deposit to pay part of the last month's rent, unless the landlord agrees in writing. See the section on [[Security Deposits and Additional Fees]].
If you would like to have your deposit returned, the first step is to provide your landlord with a forwarding address in writing indicating where your deposit can be sent. Make sure to have evidence that you provided your forwarding address, such as a witness or registered mail confirmation. You should also have the option to list your forwarding address on the move-out condition inspection report.


===When the landlord owes you more than the deposit===
Once you have provided your forwarding address in writing and your tenancy has officially ended, your landlord has 15 days to take one of the following three actions:
# return your deposit;
# get your written permission to keep some or all of your deposit; or
# apply for dispute resolution to keep some or all of your deposit.


If you want to claim money that you feel the landlord owes you in addition to your deposit, you can apply for [[Dispute Resolution for Tenants|dispute resolution]] at the Residential Tenancy Branch. For example, you can make a claim for compensation for the time that you lived with a serious repair problem, although you should have evidence of the problem and copies of letters asking the landlord to deal with it.
Your landlord can return your deposit by delivering it in person, mailing it, leaving it in your mailbox or mail slot, or sending it electronically. If your landlord returns your deposit by electronic means, they are not allowed to charge a fee.


===Landlord's claim===
Your landlord cannot simply decide on their own to keep your deposit. If they want it, they need written permission from either you or the Residential Tenancy Branch. After 15 days, if your landlord has not returned your deposit, obtained your written consent, or applied for dispute resolution, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section38 section 38] of the ''Residential Tenancy Act (RTA)'' gives you the right to go after your landlord through dispute resolution for double the amount of your deposit.


The landlord can apply for dispute resolution to claim money from the deposit for things like cleaning, damage or unpaid rent and utilities. The landlord must give you notice of the dispute resolution hearing, so you can go and tell your side of the story. The landlord has two years from the date you moved out to make a monetary claim against you.
'''Condition inspection reports:''' If your landlord does not give you a chance to participate in a move-in or move-out condition inspection, or does not provide you with a copy of either report within the required timelines, they lose the right to claim against your security or pet damage deposit for damage to the rental unit. Conversely, if you fail to participate in an inspection after receiving two opportunities, you may lose the right to have your deposit(s) returned. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section24 sections 24] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section36 36] of the ''RTA'' for more information.


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

Revision as of 18:47, 11 December 2018

Tenant Survival Guide
Tenantsurvivalguidecover.jpg
This page is from the
Tenant Survival Guide.
See the full contents.
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: give one month notice to end your month-to-month tenancy no later than the day before your rent is due. Failing to do so could result in you owing an extra month of rent.

DO NOT: use email, text messaging, or social media when providing your one-month notice to move out. The Residential Tenancy Act does not accept those forms of digital communication for such notice.

Giving notice to move out

Tenant moving out.jpg

Month-to-month tenancies

If you have a month-to-month agreement, you can end your tenancy by giving one-month notice no later than the day before your rent is due. For example, if you pay rent on the first day of the month and want to move out by May 31st, your notice must be received by your landlord no later than April 30th.

Your notice must be in writing, so avoid email, text messaging, and social media. Instead, give your landlord a signed and dated letter with your name, signature, address, and move-out date, as set out in section 52 of the RTA. Make sure to keep a copy in a safe place and take photos for added protection.

Fixed term tenancies

If you have a fixed term agreement, giving notice to end your tenancy is a little more complicated. Since you have entered into a legal contract for a fixed amount of time, you are generally not allowed to give notice to move out before the end of your term.

Most fixed term tenancies convert to month-to-month tenancies at the end of the term. However, if you plan to move out at the end of the term rather than have your tenancy continue, you must provide one-month notice in writing no later than the day before your rent is due – just like month-to-month agreements.

Vacate clauses: Vacate clauses can only be used in situations listed in section 13.1 of the Residential Tenancy Regulation. If your agreement has a vacate clause, you do not have to give proper notice before moving out, since you already agreed to your move-out date when signing your tenancy agreement.

Changing your mind

Unless you obtain your landlord’s permission in writing, you are not allowed to change your mind once you have provided proper written notice to end your tenancy. If your landlord suspects that you will not move out as planned, they can apply for an Order of Possession that will take effect on the date you are supposed to leave.

Serving documents

Sections 88-90 of the Residential Tenancy Act (RTA) cover the rules about how tenants and landlords can give, or “serve”, forms and notices to each other. When it comes to serving your one month written notice, or any other type of form or notice, you should avoid email, text messaging, and social media, and instead use one of the following methods: # In person: You can serve your written notice in person to your landlord, an adult who lives with your landlord, or an agent of your landlord. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of the delivery on your copy of the notice and have your witness sign it. A notice delivered in person is considered received that same day. # Post the notice: You can attach your written notice in a visible spot at your landlord’s home, or the place where they carry out business as a landlord. For example, you can tape the notice to your landlord’s door. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of the delivery on your copy of the notice and have your witness sign it. Do not slide the notice under your landlord’s door. The RTA says that a posted notice is considered received on the third day after being posted. # Mailbox or mail slot: You can put your written notice in the mailbox or mail slot at your landlord’s home, or the place where they carry out business as a landlord. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of the delivery on your copy of the notice and have your witness sign it. The RTA says that a notice left in the mailbox or mail slot is considered received on the third day after being left. # Fax: You can serve your written notice by fax, if your landlord has provided you with a fax number for serving documents. Keep the confirmation printout showing the date and time the fax was sent. The RTA says that a faxed notice is considered received on the third day after being faxed. # Mail: You can serve your written notice using regular or registered mail. If you want proof that your landlord received the notice, send it by registered mail so that Canada Post can give you confirmation. The RTA says that a mailed notice is considered received on the fifth day after being mailed.

Proof of Service: It is important to always have proof that you served a document properly. To help with this, consider using the Small Claims Court form, “Certificate of Service”.

Rebuttable presumption: When determining the date a document is legally considered received, there is always a “rebuttable presumption”. This means that even though the RTA has rules about when documents are considered received, they may not apply if there is evidence of the document being received on a different date. For example, if you mail a notice to your landlord and get email confirmation that they received it three days later, an argument could be made that it was received after three days rather than five days.

Special service rules for certain documents

Most documents can be served in any of the ways listed above, but there are some exceptions. For tenants, there are two types of documents where special rules apply – an application for dispute resolution and a notice from an arbitrator to review a decision or order. These types of documents can only be served in a limited number of ways:

  1. by leaving a copy with the landlord;
  2. by leaving a copy with an agent of the landlord; or
  3. by sending a copy by registered mail to the address at which the landlord lives, or to the address at which the landlord carries on business as a landlord;

This is a complicated topic and there are additional special rules about serving documents. See section 89 of the Residential Tenancy Act and Residential Tenancy Branch Policy Guideline 12 for more information.

Emails, texts, and social media

The Residential Tenancy Act (RTA) does not recognize email, text messaging, and social media as acceptable methods of service. This means that when an official Residential Tenancy Branch (RTB) form must be served, or the RTA requires that something be done “in writing”, it is always safest to rely on hardcopy documents rather than email, text messaging, and social media. Landlords should never attach an eviction notice to an email, and tenants should never text their one-month notice to move out. If these issues ended up in dispute resolution, an arbitrator may rule that the documents were improperly served. That being said, if you receive a document that was not served properly, the safest option is to not ignore it. For example, if your landlord emails you an eviction notice, you should consider disputing it through the RTB so that an arbitrator can dismiss it and instruct your landlord to not illegally evict you.

While hardcopy documents should always be used when serving official RTB forms and notices that are legally required to be given “in writing”, email, text messaging, and social media may be acceptable when it comes to more general correspondence. For example, since there is no official RTB form for requesting repairs, a series of emails showing your landlord’s neglect for a repair request might be accepted as evidence at dispute resolution – as long as you can prove that your landlord received the emails. When it comes to email, text messaging, and social media evidence at dispute resolution, the arbitrator handling your case will always have the final say on whether or not to accept the evidence.

Illegally breaking a lease

If you move out before the end of your fixed term tenancy – often referred to as “breaking a lease” – your landlord may be entitled to some money, depending on how much rental income they lost and whether they made reasonable efforts to find a replacement tenant.

Consequences for breaking a lease

You may have to pay your landlord some money if you end your fixed term tenancy early, but it is not as simple as automatically owing the remaining months of rent. Once you have broken your lease, your landlord has a legal responsibility to minimize your loss, or “mitigate”, by trying to re-rent your unit at a fair price. See Residential Tenancy Branch (RTB) Policy Guideline 5 for more information.

If your landlord is forced to re-rent your unit at a $25 discount to secure a replacement tenant, they could be entitled to $25 per month over the remaining term of your agreement. However, if your landlord can re-rent your unit for more than what you were paying, that additional money they will earn over the remaining months of your agreement can be applied to, or “set off” against, any other money you owe your landlord for unpaid rent or damages. See RTB Policy Guideline 3 for more information.

If your landlord applies for a monetary order against you but cannot prove that they made an honest attempt to re-rent your unit, you may not be required to pay for any of their lost rental income. This means that if your landlord refused to show your unit to potential tenants, never posted an advertisement, or had too high of an asking price, they may not be entitled to any monetary compensation.

Liquidated damages: If you break a lease that includes a “liquidated damages” clause, you could be held responsible for the costs associated with finding a replacement tenant. A liquidated damages clause cannot be unreasonably high, especially considering the number of free online advertising options that are available. Liquidated damages is supposed to be a reasonable pre-estimate of the cost of re-renting a unit – not a penalty for breaking a lease. See RTB Policy Guideline 4 for more information.

Alternatives to breaking a lease

If you must end your tenancy early, there are a few options to consider before packing up and leaving. Depending on your situation, you may be able to end your tenancy without having to illegally break your lease.

Mutual agreement to end tenancy

Your landlord may simply agree to end your tenancy early. To help convince them, offer to help find a new tenant by advertising your rental unit and making it accessible for regular viewings. The Residential Tenancy Branch (RTB) offers a standard “Mutual Agreement to End Tenancy” form.

Sublet / assignment

You might be able to sublet or assign your tenancy agreement. A sublet occurs when a tenant temporarily moves out and rents their unit to a subtenant until they return, whereas an assignment occurs when a tenant permanently moves out and transfers their agreement to a new tenant. To sublet or assign your tenancy agreement, you must have your landlord’s written consent. However, according to section 34(2) of the Residential Tenancy Act (RTA), if your fixed term tenancy agreement has at least six months remaining on it, your landlord cannot unreasonably withhold their consent. If you believe your landlord is unreasonably withholding consent, you have the right to apply for dispute resolution to ask for an order allowing you to sublet or assign your tenancy.

There are important differences between sublets and assignments. When you sublet a rental unit, you retain rights and responsibilities associated with that tenancy agreement. However, when you assign a rental unit, your rights and responsibilities are usually transferred to the person to whom you are assigning the agreement. See RTB Policy Guideline 19 for more information.

Exception: The sublet and assignment rules in the RTA do not apply to non-profit housing that falls under section 2 of the Residential Tenancy Regulation.

Landlord breach of a material term

According to section 45(3) of the RTA, you can 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 the tenancy. The RTA does not define “material term”, since the same term could 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 apply for dispute resolution to request permission to end your tenancy early.

Family violence or long-term care

Tenants can end a fixed term tenancy early by providing one month written notice if they:

  • need to leave their rental unit to protect themselves or their children from family violence;
  • have been assessed as requiring long-term care; or
  • have been accepted into a long-term care facility.

To legally end a tenancy in these circumstances, you must provide your landlord with a completed RTB form, “Ending Fixed Term Tenancy Confirmation Statement”, signed by an authorized third-party verifier.

When ending a tenancy early due to family violence, here are some common examples of third party verifiers:

  • medical practitioner;
  • nurse practitioner;
  • psychologist;
  • social worker;
  • police officer;
  • counsellor;
  • practising lawyer; or
  • victim court support caseworker;

When ending a tenancy early due to long-term care, here are some common examples of third party verifiers:

  • medical practitioner;
  • nurse practitioner;
  • psychologist;
  • social worker;
  • manager of a long-term care facility; or
  • occupational therapist.

For more information on this topic, including a full list of all third-party verifiers, see Part 7 of the Residential Tenancy Regulation.

Cleaning responsibilities

Residential Tenancy Branch Policy Guideline 1 provides an overview of your responsibility to clean your rental unit when moving out. Here are some examples of areas in your rental unit that you are expected to clean:

  • the inside and outside of appliances, such as the stove, fridge, and dishwasher;
  • behind and underneath the fridge and stove, if they are on rollers and can be pulled out;
  • floors and wall vents;
  • the insides of all your windows and doors;
  • the outside of any sliding glass doors or balcony windows;
  • blinds and window coverings;
  • walls and baseboards;
  • any fireplace you used, as well as its screen, vent, or fan; and
  • if your tenancy was at least one year, or you smoked or had pets, the carpets should be steam cleaned or shampooed.

Move-out condition inspection reports

At the end of your tenancy, you and your landlord should walk through your rental unit and complete a move-out condition inspection report. This is a chance to fill out a checklist and document the condition of your home. Completing this report when you move in and move out will help determine how much damage, if any, has been caused during your tenancy.

Approved forms

There is a good chance your landlord will use the standard Residential Tenancy Branch (RTB) Condition Inspection Report. However, if they choose to use their own custom form, it should still contain all the information required by section 20 of the Residential Tenancy Regulation (RTR) – just like the standard RTB form.

Scheduling an inspection

According to section 17 of the RTR, your landlord must offer you at least two opportunities – between 8am and 9pm – to complete the move-out condition inspection. If you do not accept their first offer, your landlord is required to serve you with the RTB form, “Notice of Final Opportunity to Schedule a Condition Inspection”. If you are still unavailable for the second opportunity, you can have someone else participate on your behalf. Even if you are able to participate in the inspection, you may want to consider bringing a friend or family member as a witness. Ideally, the move-out condition inspection report should be completed on the day your tenancy ends, once all your belongings have been removed from the rental unit. See section 35 of the Residential Tenancy Act for more information.

Participating in the inspection

It can be a good idea to take photos and videos during the inspection, especially if you disagree with your landlord about the condition of your rental unit. Once you have completed the condition inspection, make sure to sign and date the report. If you disagree with your landlord about any part of the inspection, there should be space on the form to list your concerns. If you do not sign the report because you disagree with it, it may be difficult to prove that you participated in the inspection. Your landlord must give you a copy of the completed report within 15 days of completing the inspection. Keep your copy in a safe place and take photos for added protection.

Getting your deposit returned

If you would like to have your deposit returned, the first step is to provide your landlord with a forwarding address in writing indicating where your deposit can be sent. Make sure to have evidence that you provided your forwarding address, such as a witness or registered mail confirmation. You should also have the option to list your forwarding address on the move-out condition inspection report.

Once you have provided your forwarding address in writing and your tenancy has officially ended, your landlord has 15 days to take one of the following three actions:

  1. return your deposit;
  2. get your written permission to keep some or all of your deposit; or
  3. apply for dispute resolution to keep some or all of your deposit.

Your landlord can return your deposit by delivering it in person, mailing it, leaving it in your mailbox or mail slot, or sending it electronically. If your landlord returns your deposit by electronic means, they are not allowed to charge a fee.

Your landlord cannot simply decide on their own to keep your deposit. If they want it, they need written permission from either you or the Residential Tenancy Branch. After 15 days, if your landlord has not returned your deposit, obtained your written consent, or applied for dispute resolution, section 38 of the Residential Tenancy Act (RTA) gives you the right to go after your landlord through dispute resolution for double the amount of your deposit.

Condition inspection reports: If your landlord does not give you a chance to participate in a move-in or move-out condition inspection, or does not provide you with a copy of either report within the required timelines, they lose the right to claim against your security or pet damage deposit for damage to the rental unit. Conversely, if you fail to participate in an inspection after receiving two opportunities, you may lose the right to have your deposit(s) returned. See sections 24 and 36 of the RTA 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.


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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
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