Moving in and Residential Tenancies (19:IV)
A. Condition Inspection: Move 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)). Both the landlord and the tenant must sign the Condition Inspection Report and the landlord must give the tenant a copy of that report. The RTA requires that certain standard information be included on a condition inspection report. Generally the landlord should use RTB official forms, which contain all of the information required by law. Landlords can use their own forms so long as the forms used contain all the information required in s 20 of the RTR. Landlords must give tenants a copy of the signed condition inspection report within seven days after the condition inspection is completed.
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.
The landlord must make the inspection and 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 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 in accordance with the regulations.
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 on either occasion.
B. 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).
C. 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.
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