Difference between revisions of "Rent"

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'''DO:''' respect your neighbours’ right to quiet enjoyment. Treat them how you expect them to treat you.
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
'''DO:''' pay your full rent on time. Failing to do so could result in a 10 Day Eviction Notice for Non-Payment of Rent.


'''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.
'''DO NOT:''' stop paying rent unless the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'' allows you to do so. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch.


==The meaning of quiet enjoyment==


[[File:Rent increase notice.png | right | frame | link= ]]
==Paying rent==


[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:
===When rent is due===
* 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.
[[File:Rent increase notice.png | right | frame | link= ]]


==Landlord entry==
Your full rent must be paid on or before the date it is due – usually the 1st of the month. If you are late by one day, or short by a few dollars, your landlord can give you a 10 Day Eviction Notice for Non-Payment of Rent in accordance with [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section46 section 46] of the ''Residential Tenancy Act (RTA)''. Once you have received this type of notice, you only have five days to pay the missing rent in order to cancel the eviction.


===''Legal'' landlord entry===
Paying rent on time is one of your most important legal responsibilities, and you cannot rely on the five-day grace period for late rent each month. If you repeatedly pay your rent late – at least three times within an unreasonably short period – your landlord can give you a One Month Eviction Notice for Cause. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47] of the ''RTA'' and [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl38.pdf Policy Guideline 38] for more information.


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:
===How rent is paid===
* 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.  
Tenants and landlords usually arrange for rent to be paid by cash, cheque, e-transfer, or direct deposit. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section26 section 26(2)] of the ''RTA'', landlords are legally required to provide receipts for rent paid in cash. If you suspect that your landlord will not provide you with a receipt, consider bringing a witness and your own rent receipt for them to sign.  


'''Exceptions:''' A landlord can enter a rental unit without proper notice or permission if:
===Legally withholding rent===
* 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.
When disputes arise with your landlord, it may be tempting to retaliate by withholding rent. Unfortunately, this is illegal in most cases. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch (RTB).  


===''Illegal'' landlord entry===
There are only five sections in the ''Residential Tenancy Act (RTA)'' that allow you to legally withhold rent without your landlord’s consent:
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section19 section 19] of the ''RTA'' – you overpaid your security deposit or pet damage deposit;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''RTA'' – you paid for emergency repairs after carefully following the proper steps;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section43 section 43] of the ''RTA'' – you overpaid rent because of an illegal rent increase;
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section51 section 51] of the ''RTA'' – you received a Two Month or Four Month Eviction Notice for Landlord’s Use of Property, which entitles you to one month rent as compensation, and you are applying that compensation towards the last month of your tenancy; and
# [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section65 section 65] of the ''RTA'' – you have an order from the RTB.


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:
===Problems paying rent===
* 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.
If you know that you will be unable to pay your full rent on time, communicate with your landlord as soon as possible. Your landlord may allow you to pay your rent late – especially if you have always paid rent on time in the past. Make sure to get your landlord’s permission in writing if they do agree to give you an extension. You can also try requesting a short-term loan from a friend, family member, or one of BC’s Rent Banks. If that is not possible, you may have to prioritize your rent over other expenses.  


==Noise==
'''Crisis supplement:''' If you receive income assistance and face an unexpected emergency, you might qualify for a crisis supplement through the provincial government.


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.
==Rent increases==


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.
===Notice of rent increase===


==Smoking==
At the start of your tenancy, rent is set at whatever amount you and your landlord agree to as part of your agreement. From that point on, according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section22 section 22] of the ''Residential Tenancy Regulation (RTR)'', your landlord can only raise your rent once every 12 months by a percentage equal to inflation. The allowable rent increase percentage changes each year, so check the Residential Tenancy Branch [https://gov.bc.ca/landlordtenant website] or TRAC [http://tenants.bc.ca/ website] to find out how much landlords can raise rent this year.


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.
[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section42 Section 42] of the ''Residential Tenancy Act (RTA)'' says that landlords must provide an approved [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb7.pdf “Notice of Rent Increase” form] three full months before a rent increase takes effect. For example, if you receive proper notice on April 5th, the three full months that count towards the notice period are May, June, and July, which means the rent increase would take effect on August 1st (assuming you pay rent on the first of the month). If your landlord does not raise your rent during a 12-month period, or raises it by less than the allowable percentage, they are not allowed to top-up a future rent increase to make up the difference.


'''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''.
===Wrong notice period===


==Intimidation, harassment, and physical harm==
If your landlord uses the proper [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb7.pdf “Notice of Rent Increase”] form but gives you less than three full months’ notice, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section42 section 42(4)] of the ''RTA'' says that you can continue to pay your current rent until the correct amount of time has passed. For example, if you normally pay rent on the first of the month and your landlord gives you a Notice of Rent Increase on March 1st (or anytime later that month), you will not have to start paying the increase until July 1st. Although this may seem like four months, the ''RTA'' counts it as three. By serving the notice on March 1st, your landlord has excluded March from the three-month notice period. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not try to end your tenancy for unpaid rent.


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.
===Overpaying a rent increase===


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.  
If you have overpaid on rent because your landlord gave you an illegal rent increase, you have two options:
# deduct the overpayment from your next month’s rent; or
# apply for a monetary order through dispute resolution.  


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.
If you choose the first option, make sure to clearly explain to your landlord that you have the right to withhold rent according to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section43 section 43] of the ''RTA''.  


'''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.
==Exceptions to rent increase rules==


==Guests==
===Additional occupants added===


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.  
If you wish to move someone in to your rental unit, you should first check your tenancy agreement. Your landlord may be allowed to raise your rent for additional occupants, but only if your agreement specifies by how much. If your tenancy agreement does not include such a term, your landlord cannot legally raise your rent when an additional occupant moves in. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section13 section 13] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section40 section 40] of the ''Residential Tenancy Act (RTA)'' for more information.


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.
===Residential Tenancy Branch permission===


==Legislation and links==
Your landlord can apply to the Residential Tenancy Branch (RTB) for an additional rent increase above the allowable annual percentage. Arbitrators will only allow these additional rent increases in exceptional circumstances, listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section23 section 23] of the ''Residential Tenancy Regulation (RTR)''.


===Legislation===
The application fee for landlords is $300, plus $10 for each rental unit, to a maximum of $600. If your landlord applies for an additional rent increase, you will be served with a package of hearing documents, including the evidence they have submitted. As the respondent, you will have a chance to speak during the hearing and submit evidence that challenges your landlord’s application. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl37.pdf Policy Guideline 37] for more information.


*''[[Residential Tenancy Act]]''
'''Geographic rent increases:''' For years, landlords had the right to apply for an additional rent increase when a rental unit’s rent was significantly lower than other similar units in the same geographic area. Fortunately, the RTR has now been amended to eliminate geographic rent increases.
*''[[Manufactured Home Park Tenancy Act]]''


===Links===
===Non-profit housing===


*[[Residential Tenancy Branch]]
Some subsidized rental units where rent is related to income may be exempt from the rent increase rules in the ''RTA''. If you live in a subsidized rental unit, ask your housing provider about the rent increase rules that apply to you. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section2 section 2] of the ''RTR'' for more information.
*RTB Policy Guideline 37 - [http://www.rto.gov.bc.ca/documents/GL37.pdf Rent Increases]


===Resources and forms===


*TRAC Template Demand Letters - [http://tenants.bc.ca/template-letters/ Response to Illegal Rent Increase]
*RTB [http://www.rto.gov.bc.ca/documents/RTB-7.pdf Notice of Rent Increase - Residential Rental Units]
*RTB [http://www.rto.gov.bc.ca/documents/RTB-11A.pdf Notice of Rent Increase - Manufactured Home Site]


{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2012}}


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Revision as of 20:05, 10 January 2019

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

DO: pay your full rent on time. Failing to do so could result in a 10 Day Eviction Notice for Non-Payment of Rent.

DO NOT: stop paying rent unless the Residential Tenancy Act allows you to do so. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch.


Paying rent

When rent is due

Rent increase notice.png

Your full rent must be paid on or before the date it is due – usually the 1st of the month. If you are late by one day, or short by a few dollars, your landlord can give you a 10 Day Eviction Notice for Non-Payment of Rent in accordance with section 46 of the Residential Tenancy Act (RTA). Once you have received this type of notice, you only have five days to pay the missing rent in order to cancel the eviction.

Paying rent on time is one of your most important legal responsibilities, and you cannot rely on the five-day grace period for late rent each month. If you repeatedly pay your rent late – at least three times within an unreasonably short period – your landlord can give you a One Month Eviction Notice for Cause. See section 47 of the RTA and Policy Guideline 38 for more information.

How rent is paid

Tenants and landlords usually arrange for rent to be paid by cash, cheque, e-transfer, or direct deposit. According to section 26(2) of the RTA, landlords are legally required to provide receipts for rent paid in cash. If you suspect that your landlord will not provide you with a receipt, consider bringing a witness and your own rent receipt for them to sign.

Legally withholding rent

When disputes arise with your landlord, it may be tempting to retaliate by withholding rent. Unfortunately, this is illegal in most cases. If your landlord is breaking the law, you will most likely have to apply for dispute resolution through the Residential Tenancy Branch (RTB).

There are only five sections in the Residential Tenancy Act (RTA) that allow you to legally withhold rent without your landlord’s consent:

  1. section 19 of the RTA – you overpaid your security deposit or pet damage deposit;
  2. section 33 of the RTA – you paid for emergency repairs after carefully following the proper steps;
  3. section 43 of the RTA – you overpaid rent because of an illegal rent increase;
  4. section 51 of the RTA – you received a Two Month or Four Month Eviction Notice for Landlord’s Use of Property, which entitles you to one month rent as compensation, and you are applying that compensation towards the last month of your tenancy; and
  5. section 65 of the RTA – you have an order from the RTB.

Problems paying rent

If you know that you will be unable to pay your full rent on time, communicate with your landlord as soon as possible. Your landlord may allow you to pay your rent late – especially if you have always paid rent on time in the past. Make sure to get your landlord’s permission in writing if they do agree to give you an extension. You can also try requesting a short-term loan from a friend, family member, or one of BC’s Rent Banks. If that is not possible, you may have to prioritize your rent over other expenses.

Crisis supplement: If you receive income assistance and face an unexpected emergency, you might qualify for a crisis supplement through the provincial government.

Rent increases

Notice of rent increase

At the start of your tenancy, rent is set at whatever amount you and your landlord agree to as part of your agreement. From that point on, according to section 22 of the Residential Tenancy Regulation (RTR), your landlord can only raise your rent once every 12 months by a percentage equal to inflation. The allowable rent increase percentage changes each year, so check the Residential Tenancy Branch website or TRAC website to find out how much landlords can raise rent this year.

Section 42 of the Residential Tenancy Act (RTA) says that landlords must provide an approved “Notice of Rent Increase” form three full months before a rent increase takes effect. For example, if you receive proper notice on April 5th, the three full months that count towards the notice period are May, June, and July, which means the rent increase would take effect on August 1st (assuming you pay rent on the first of the month). If your landlord does not raise your rent during a 12-month period, or raises it by less than the allowable percentage, they are not allowed to top-up a future rent increase to make up the difference.

Wrong notice period

If your landlord uses the proper “Notice of Rent Increase” form but gives you less than three full months’ notice, section 42(4) of the RTA says that you can continue to pay your current rent until the correct amount of time has passed. For example, if you normally pay rent on the first of the month and your landlord gives you a Notice of Rent Increase on March 1st (or anytime later that month), you will not have to start paying the increase until July 1st. Although this may seem like four months, the RTA counts it as three. By serving the notice on March 1st, your landlord has excluded March from the three-month notice period. To avoid any misunderstandings with your landlord, it can be a good idea to write them and explain the law to ensure that they do not try to end your tenancy for unpaid rent.

Overpaying a rent increase

If you have overpaid on rent because your landlord gave you an illegal rent increase, you have two options:

  1. deduct the overpayment from your next month’s rent; or
  2. apply for a monetary order through dispute resolution.

If you choose the first option, make sure to clearly explain to your landlord that you have the right to withhold rent according to section 43 of the RTA.

Exceptions to rent increase rules

Additional occupants added

If you wish to move someone in to your rental unit, you should first check your tenancy agreement. Your landlord may be allowed to raise your rent for additional occupants, but only if your agreement specifies by how much. If your tenancy agreement does not include such a term, your landlord cannot legally raise your rent when an additional occupant moves in. See section 13 and section 40 of the Residential Tenancy Act (RTA) for more information.

Residential Tenancy Branch permission

Your landlord can apply to the Residential Tenancy Branch (RTB) for an additional rent increase above the allowable annual percentage. Arbitrators will only allow these additional rent increases in exceptional circumstances, listed in section 23 of the Residential Tenancy Regulation (RTR).

The application fee for landlords is $300, plus $10 for each rental unit, to a maximum of $600. If your landlord applies for an additional rent increase, you will be served with a package of hearing documents, including the evidence they have submitted. As the respondent, you will have a chance to speak during the hearing and submit evidence that challenges your landlord’s application. See RTB Policy Guideline 37 for more information.

Geographic rent increases: For years, landlords had the right to apply for an additional rent increase when a rental unit’s rent was significantly lower than other similar units in the same geographic area. Fortunately, the RTR has now been amended to eliminate geographic rent increases.

Non-profit housing

Some subsidized rental units where rent is related to income may be exempt from the rent increase rules in the RTA. If you live in a subsidized rental unit, ask your housing provider about the rent increase rules that apply to you. See section 2 of the RTR for more information.



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