Difference between revisions of "Rent"

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{{Tenant Survival Guide TOC}}
{{Tenant Survival Guide TOC}}
''Do'' insist on receiving a notice of rent increase on the proper form. ''Don't'' sign something agreeing to an above guideline rent increase if you don't want to accept it.
'''DO:''' respect your neighbours’ right to quiet enjoyment. Treat them how you expect them to treat you.


== Regulations ==
'''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.


Landlords can raise rents by a set amount each year and can apply to the [[Residential Tenancy Branch]] for rent increases above that amount. The percentage for allowable rent increases is the consumer price index (based on the annual rate of inflation) plus two percent.
==The meaning of quiet enjoyment==


== Notice of rent increase ==
[[File:Rent increase notice.png | right | frame | link= ]]
 
[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.
 
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 [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#part5 Part 5] of the ''Residential Tenancy Regulation''.
 
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.


Your landlord can raise your rent once a year starting 12 months from the day you moved in and started paying rent. The landlord must give you notice in writing at least three full months before the increase starts. For example, if you pay rent on the first day of the month, your landlord must give you written notice by the last day of the month, three months before the increase takes effect. The notice has to be on a form called [http://www.rto.gov.bc.ca/documents/RTB-7.pdf Notice of Rent Increase] from the Residential Tenancy Branch or should at least contain all the information which is on the Notice of Rent Increase form.
===''Illegal'' landlord entry===


===Wrong notice period===
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:
[[File:Rent increase notice.png | right | frame | link= ]]
* order your landlord to obey the law in the future;
If your landlord gives you less than three full months' notice, you can pay the old rent until three full months have gone by. For example, if you normally pay rent on the first of the month, and the landlord gives you a Notice of Rent Increase on March 1 or later that month, you will start paying the increase on July 1. Because the notice was served in the month of March, that month does not count towards the three month notice period. After that, you have to pay the increased rent. You should write a letter to your landlord telling them the increase does not come into effect until three full months have passed. Tell them when you will start paying the increased rent. Keep a copy of the letter.
* 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==


===You do not have to pay the increase===
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.


You do not have to pay the increase:
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.
*if you have lived in your place less than a year,
*if the landlord tries to raise your rent more than once a year,
*if the notice is not on the proper form, or
*if the landlord only tells you verbally that your rent is increasing.


If your landlord does not give you proper notice, write a letter to the landlord and say why you won't pay the illegal rent increase. Always keep anything your landlord gives you in writing and keep a copy of your letter.
==Smoking==


You can use TRAC's template demand letter, [http://tenants.bc.ca/template-letters/ Response to Illegal Rent Increase].
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.


===Subsidized housing===
'''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 ''Residential Tenancy Act''.


Rules about rent increases may not apply if you live in subsidized housing operated by government or non-profit societies. Call BC Housing for more information about how rent is calculated when your rent is subsidized: 604-433-1711, or outside the Lower Mainland at 1-800-257-7756.
==Intimidation, harassment, and physical harm==


== Above guideline increases ==
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 a rent increase falls within the allowable percentage, it cannot be disputed. You do not have to pay increases higher than the allowable percentage unless the increase is ordered by the Residential Tenancy Branch. If you agree in writing to a rent increase above the allowable percentage, the landlord does not have to apply to the RTB for the increase. However, if you do not agree to the increase, the landlord must apply for an RTB order to increase the rent.


===Reasons for higher rent increases===
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.


The landlord must apply to the RTB for a rent increase above the allowable percentage. The application fee landlords must pay is $200, and $5 for each additional rental unit. The landlord must justify, or prove, to an arbitrator why the rent should be increased above the set amount. The arbitrator can:
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.
*deny the application or order a smaller rent increase,
*phase-in a large rent increase over a period of time, or
*order that the landlord obey certain conditions set out in the order.


The law sets out several reasons why a landlord can apply for an increase higher than the set amount, and the arbitrator must consider these reasons which are set out in section 23 of the [[Residential Tenancy Act|Residential Tenancy Regulation]]. Keep in mind the Regulation is something different from the Act. [http://www.rto.gov.bc.ca/documents/GL37.pdf Residential Tenancy Policy Guideline 37] gives detailed information about what arbitrators will consider in a hearing regarding above guideline rent increases.  
'''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.


If the landlord has applied for a higher increase, you have the right to a dispute resolution hearing to present your side of the story to the Residential Tenancy Branch. For example if you have a repair order and the landlord has not done the repairs, you can present that as evidence.
==Guests==


== Extra occupants ==
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 ''Residential Tenancy Act (RTA)'' does not provide any details on the maximum number of days a guest can visit, so use your best judgement.


You may be charged extra rent if you have additional occupants move in with you after your tenancy begins. The landlord does not have to give you a rent increase notice if your rent goes up because you have additional people move in with you. However, your landlord can only raise your rent based on additional occupants if your written tenancy agreement states how much your rent increases by the number of new occupants.
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.


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

Revision as of 01:24, 11 December 2018

Tenant Survival Guide
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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
This wikibook is from
Tenant Resource & Advisory Centre
Tenant Resource & Advisory Centre
v • d • e

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

Rent increase notice.png

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.

Legislation and links

Legislation

Links

Resources and forms

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


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