Difference between revisions of "Repairs and Services When Renting"

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'''DO:''' check if your municipality has a “Standards of Maintenance” or “Good Neighbour” Bylaw. If so, you might be able to have a Bylaw Officer investigate your repair and maintenance concerns.


'''Do''' make sure you have your landlord’s name, phone number, and address before you have a problem. '''Don’t''' expect to be reimbursed for repairs you do yourself unless your landlord agrees to it in writing.
'''DO NOT:''' ignore any repair and maintenance issues you encounter. If the problem gets worse, you could be held responsible for at least some of the associated costs.


[[File:Services while renting.png | right | frame | link= ]]


== Landlord and tenant responsibilities ==
==Landlord repair and maintenance responsibilities==


===The landlord’s responsibilities===
According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section32 section 32(1)] of the ''Residential Tenancy Act (RTA)'', rental properties must comply with health, safety, and housing standards required by law. Landlords are generally responsible for the following repair and maintenance issues:
* heating;
* plumbing;
* electricity;
* locks;
* light fixtures in common areas;
* walls, floors, and ceilings;
* fire doors and fire escapes;
* smoke detectors;
* intercoms;
* elevators;
* painting at reasonable intervals;
* routine yard maintenance, such as cutting grass and clearing snow, in multi-unit residential complexes;
* infestations and pests, such as bed bugs;
* serious mold issues; and
* anything included in your tenancy agreement, such as the:
** fridge
** stove
** laundry facilities
** security system
** furniture
** garage
** storage facilities


The law says a landlord must keep a place healthy, safe and “suitable for occupation”. Your landlord has to make any repairs that are needed for your health and safety.
When something needs to be fixed in your rental unit, let your landlord know in writing as soon as possible. If you delay and the problem gets worse, you could be held responsible for at least some of the associated costs – even if the original problem was not your fault. For example, if you do not immediately report bed bugs and the infestation spreads, you may have to pay for at least some of the treatment.


===Your landlord is responsible for repairing:===
It is important to document the repair issue and your attempts to contact your landlord. If your landlord refuses to fix the problem, you will have to apply for dispute resolution through the Residential Tenancy Branch. Having evidence that shows the issue, and that you informed your landlord of the issue – such as letters, photos, videos, and witnesses – will increase your chances of obtaining an order requiring your landlord to make the repair. You can also apply for monetary compensation from your landlord for ignoring your request, as well as a rent reduction until the repair has been completed.
*heating
*plumbing
*electricity
*locks
*walls, floors and ceilings (including water leaks or holes)
*fire doors and fire escapes
*intercoms
*elevators


Anything included in your rent must also be maintained. For example, your landlord is responsible for repairing:
==Tenant repair and maintenance responsibilities==
*fridge and stove
*laundry facilities
*furniture included in your rent
*garages and storage sheds


If something needs to be repaired, tell your landlord right away even if the repair is not important to you. Do it in writing and keep a copy for yourself. If you don't tell your landlord about the problem and it gets worse, you could be held responsible.
According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section32 section 32(2)] of the ''Residential Tenancy Act (RTA)'', you have a legal responsibility to maintain reasonable health, cleanliness, and sanitary standards in your rental unit. Tenants are generally responsible for the following repair and maintenance issues:
* reasonable maintenance of carpets during the tenancy;
* steam cleaning or shampooing the carpets at the end of tenancies lasting one year or longer;
* steam cleaning or shampooing the carpets at the end of tenancies of any length involving pets or smoking;
* cleaning marks on the walls;
* removal of garbage from the rental unit;
* replacing light bulbs;
* routine yard maintenance, such as cutting grass and clearing snow, if you have exclusive use of the yard;
* minor mold issues; and
* repairing excessive damage from nail holes.


===Your responsibilities===
See your tenancy agreement and Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf Policy Guideline 1] for more information.


As a tenant, you have to keep your place clean and notify the landlord of any repairs that need to be done, or of any other problems such as mice, cockroaches, or bedbugs. You are also responsible for any damage you or your guests do even if it is an accident. You are not responsible for reasonable wear and tear. Reasonable wear and tear is what happens to a place over time with normal use, such as the wearing out of carpets.
'''Improving your rental unit:''' If you want to make changes to your rental unit, such as painting the walls, ask your landlord for written consent. Making changes without permission could result in you owing your landlord some money, or having to restore the unit back to its original condition before moving out.


'''Wear and tear:''' Even the most well-behaved and respectful tenants can live in rental units that start falling apart due to old age. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section32 section 32(4)] of the RTA, you are not responsible for wear and tear that results from reasonable use of your rental unit. However, there is a difference between “reasonable wear and tear” and “damage”. Reasonable wear and tear refers to deterioration due to aging or other natural forces. If you, your guests, or your pets cause damage beyond wear and tear, such as a broken window, you are responsible for that damage. Contact your landlord and work out a solution for how the repair will be completed. In most cases, your landlord will ask for money to hire a qualified professional. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf Policy Guideline 1] for more information.


== Getting repairs done or services back ==
==Emergency repairs==


===If a repair is needed===
For a repair to be considered an “emergency” as defined by [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''Residential Tenancy Act (RTA)'', it must be all three of the following:
# urgent;
# necessary for the health or safety of people or property; and
# made for the purpose of repairing one of the following:
#* major leaks in pipes or the roof
#* damaged or blocked water or sewer pipes or plumbing fixtures
#* the primary heating system
#* damaged or defective locks that give access to a rental unit
#* the electrical systems


If there’s a repair needed and it’s not an emergency, tell your manager or landlord right away (see [[Emergency Repairs]] later on this page for information about what you can do in an emergency). Write down the date when you talked to your landlord and what they said. Don’t wait until a small problem becomes a big problem.
Your landlord is required to give you an emergency contact number in writing, or post it in a common area of your building. If your situation meets the ''RTA'' definition of an “emergency”, try calling the emergency contact number at least twice, leaving a reasonable amount of time in between each attempt.


===If a service is taken away===
If you are unable to reach the emergency contact person, you have the right to cover the cost of the repair and ask your landlord to pay you back. If you choose this option, do your best to find a fair price by researching multiple companies. To reduce the chances of a future dispute with your landlord, make sure to keep copies of your research efforts, receipts, and related written communication.


The [[Residential Tenancy Act]] allows a landlord to restrict services or facilities as long as you are given at least 30 days
'''Dispute resolution:''' Taking on emergency repairs can be complicated and expensive. If you do not have the money or time to deal with the repairs yourself, or you are worried that you may not follow the proper steps, apply for dispute resolution to request an emergency repair order. The Residential Tenancy Branch considers emergency repairs a top priority when scheduling hearings.
written notice and are compensated with a rent reduction that is equal to the reduction in value of your tenancy agreement. Your landlord cannot take away services or facilities which are considered “essential” to your tenancy. However, what you consider essential may not be what your landlord or what an arbitrator consider essential. Therefore, it is important to make sure that you have a written tenancy agreement that says what services and facilities are material terms of your tenancy agreement. For example, if laundry is included in your agreement make sure your written agreement states that laundry is included. A material term is a term that is so important that without that term you wouldn’t have entered into the agreement.


===Improving your place===
==Standards of Maintenance==


If you want to make changes to your place, like painting walls or taking out old carpet, ask your landlord and get written consent. If you make changes without permission from your landlord, you might have to pay for new paint or carpet later. Don’t expect to be paid for any improvements you make unless you have a written agreement from your landlord stating that you will be compensated for the improvements.
The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' is the most important law for you to understand, but it is not the only law that applies to tenants and landlords in BC. This is especially true when it comes to repairing and maintaining rental properties. Although the ''RTA'' states in general terms that landlords must comply with health, safety, and housing standards required by law, it does not do a good job of explaining what that means.


===Don’t hold back your rent===
For a more detailed description of your landlord’s legal responsibility to repair and maintain your rental property, you will need to research one of your City’s bylaws – usually referred to as a “Standards of Maintenance” or “Good Neighbour” bylaw. These local laws go into greater detail than the ''RTA'' on heating systems, hot water, infestations, exterior walls, roofing, elevators, fire escapes, etc. If your landlord is refusing to make certain repairs, your City might be willing to send a Bylaw Officer to inspect your property, issue warnings and fines to your landlord, or otherwise enforce the bylaw. Alternatively, the bylaw could be used as evidence for a repair order at a Residential Tenancy Branch (RTB) dispute resolution hearing.


You may want to withhold your rent for your inconvenience or the cost of repairs you have done yourself. If you do this without getting a dispute resolution officer’s order, your landlord could evict you for non-payment of rent. It is better to apply for [[dispute resolution]] if you are having trouble getting your landlord to do repairs.
Unfortunately, not all Cities have Standards of Maintenance / Good Neighbour bylaws, and some City bylaws are better than others. For a list of such bylaws from around the province, visit TRAC’s webpage on [https://tenants.bc.ca/repairs-and-maintenance Repairs and Maintenance].  


===Send a letter===
'''Illegal Secondary Suites:''' If your City finds out that you live in an illegal secondary suite, they could force your landlord to evict you by using a One Month Eviction Notice for Cause under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section47 section 47(1)(k)] of the ''RTA''. For this reason, if your landlord refuses to make repairs to your illegal suite, your safest legal option may be to apply for a repair order through the RTB. Illegal secondary suites are covered under the ''RTA'' and the RTB will not inform your City that you are living in one.
If your landlord doesn’t do the repairs or give back the service, send a letter. The demand letter should say: 1) the address
where you live; 2) what needs fixing; and 3) the date you want it fixed by. Sign and date the letter, and keep a copy. The demand letter might solve your problem. The letter can also prove that your landlord knew about the problem. If the deadline goes by, and your landlord has not fixed the problem, you can apply for a [[Dispute Resolution|dispute resolution]] hearing.


====Sample demand letter====
==Services and facilities==


''June 5, 2008''
===Essential services and facilities===
''Penny Saved''
''Big Property Management Co. Ltd.''
''1234 Main Street''
''Anytown, B.C.''


''Dear Ms. Saved:''
Your landlord cannot reduce or restrict any service or facility that is essential and necessary to your rental unit and, if taken away, would make it impossible or impractical for you to live there. An example of an essential service may be an elevator in a multi-storey apartment building. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section27 section 27(1)] of the ''Residential Tenancy Act (RTA)'' and Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl22.pdf Policy Guideline 22] for more information.
''Re: My apartment at 201-4567 North Main Street''


''For three weeks my stove has not been working properly. The oven does not work at all, and only two of the burners work. I told you about this on May 17 and May 25. The Residential Tenancy Act states that you must maintain my apartment and the appliances. If my stove is not fixed by June 10, I will have to take legal action through the Residential Tenancy Branch.''
If you have a problem with an essential service or facility, ask your landlord in writing to correct the situation. If that does not work, apply for dispute resolution for an order requiring your landlord to restore the essential service or facility. You can also apply for monetary compensation from your landlord for ignoring your request, as well as a rent reduction until the service or facility has been restored.


''Thank you. Sincerely,''
Alternatively, if the issue meets the ''RTA'' definition of “emergency repair” – for example, the primary heating system breaks during the winter – you can consider following the emergency repair procedures described in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section33 section 33] of the ''RTA''.
''Teresa Tenant''


You can also use [http://www.tenants.bc.ca/main/?Templatedemandletters TRAC's template demand letters].
===Non-essential services and facilities===
 
Your landlord has the option to reduce or restrict non-essential services or facilities, but only if they provide 30 days written notice on an approved form and reduce your monthly rent by an amount equal to the value of the service or facility. For example, if internet was always provided as part of your tenancy agreement but has now been cancelled by your landlord, your rent should be reduced by the cost of a comparable internet package. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section27 section 27(2)] of the ''RTA'' for more information.
 
If your landlord reduces or restricts a non-essential service or facility without providing 30 days written notice and a rent reduction, do not withhold rent. Instead, you will have to resolve the problem by writing your landlord and explaining the law, or applying for dispute resolution for an order that they comply with your tenancy agreement.
 
 
 
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__NOGLOSSARY__
[[Category:Tenant Survival Guide]]

Latest revision as of 20:06, 10 January 2019

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

DO: check if your municipality has a “Standards of Maintenance” or “Good Neighbour” Bylaw. If so, you might be able to have a Bylaw Officer investigate your repair and maintenance concerns.

DO NOT: ignore any repair and maintenance issues you encounter. If the problem gets worse, you could be held responsible for at least some of the associated costs.

Services while renting.png

Landlord repair and maintenance responsibilities

According to section 32(1) of the Residential Tenancy Act (RTA), rental properties must comply with health, safety, and housing standards required by law. Landlords are generally responsible for the following repair and maintenance issues:

  • heating;
  • plumbing;
  • electricity;
  • locks;
  • light fixtures in common areas;
  • walls, floors, and ceilings;
  • fire doors and fire escapes;
  • smoke detectors;
  • intercoms;
  • elevators;
  • painting at reasonable intervals;
  • routine yard maintenance, such as cutting grass and clearing snow, in multi-unit residential complexes;
  • infestations and pests, such as bed bugs;
  • serious mold issues; and
  • anything included in your tenancy agreement, such as the:
    • fridge
    • stove
    • laundry facilities
    • security system
    • furniture
    • garage
    • storage facilities

When something needs to be fixed in your rental unit, let your landlord know in writing as soon as possible. If you delay and the problem gets worse, you could be held responsible for at least some of the associated costs – even if the original problem was not your fault. For example, if you do not immediately report bed bugs and the infestation spreads, you may have to pay for at least some of the treatment.

It is important to document the repair issue and your attempts to contact your landlord. If your landlord refuses to fix the problem, you will have to apply for dispute resolution through the Residential Tenancy Branch. Having evidence that shows the issue, and that you informed your landlord of the issue – such as letters, photos, videos, and witnesses – will increase your chances of obtaining an order requiring your landlord to make the repair. You can also apply for monetary compensation from your landlord for ignoring your request, as well as a rent reduction until the repair has been completed.

Tenant repair and maintenance responsibilities

According to section 32(2) of the Residential Tenancy Act (RTA), you have a legal responsibility to maintain reasonable health, cleanliness, and sanitary standards in your rental unit. Tenants are generally responsible for the following repair and maintenance issues:

  • reasonable maintenance of carpets during the tenancy;
  • steam cleaning or shampooing the carpets at the end of tenancies lasting one year or longer;
  • steam cleaning or shampooing the carpets at the end of tenancies of any length involving pets or smoking;
  • cleaning marks on the walls;
  • removal of garbage from the rental unit;
  • replacing light bulbs;
  • routine yard maintenance, such as cutting grass and clearing snow, if you have exclusive use of the yard;
  • minor mold issues; and
  • repairing excessive damage from nail holes.

See your tenancy agreement and Residential Tenancy Branch (RTB) Policy Guideline 1 for more information.

Improving your rental unit: If you want to make changes to your rental unit, such as painting the walls, ask your landlord for written consent. Making changes without permission could result in you owing your landlord some money, or having to restore the unit back to its original condition before moving out.

Wear and tear: Even the most well-behaved and respectful tenants can live in rental units that start falling apart due to old age. According to section 32(4) of the RTA, you are not responsible for wear and tear that results from reasonable use of your rental unit. However, there is a difference between “reasonable wear and tear” and “damage”. Reasonable wear and tear refers to deterioration due to aging or other natural forces. If you, your guests, or your pets cause damage beyond wear and tear, such as a broken window, you are responsible for that damage. Contact your landlord and work out a solution for how the repair will be completed. In most cases, your landlord will ask for money to hire a qualified professional. See RTB Policy Guideline 1 for more information.

Emergency repairs

For a repair to be considered an “emergency” as defined by section 33 of the Residential Tenancy Act (RTA), it must be all three of the following:

  1. urgent;
  2. necessary for the health or safety of people or property; and
  3. made for the purpose of repairing one of the following:
    • major leaks in pipes or the roof
    • damaged or blocked water or sewer pipes or plumbing fixtures
    • the primary heating system
    • damaged or defective locks that give access to a rental unit
    • the electrical systems

Your landlord is required to give you an emergency contact number in writing, or post it in a common area of your building. If your situation meets the RTA definition of an “emergency”, try calling the emergency contact number at least twice, leaving a reasonable amount of time in between each attempt.

If you are unable to reach the emergency contact person, you have the right to cover the cost of the repair and ask your landlord to pay you back. If you choose this option, do your best to find a fair price by researching multiple companies. To reduce the chances of a future dispute with your landlord, make sure to keep copies of your research efforts, receipts, and related written communication.

Dispute resolution: Taking on emergency repairs can be complicated and expensive. If you do not have the money or time to deal with the repairs yourself, or you are worried that you may not follow the proper steps, apply for dispute resolution to request an emergency repair order. The Residential Tenancy Branch considers emergency repairs a top priority when scheduling hearings.

Standards of Maintenance

The Residential Tenancy Act (RTA) is the most important law for you to understand, but it is not the only law that applies to tenants and landlords in BC. This is especially true when it comes to repairing and maintaining rental properties. Although the RTA states in general terms that landlords must comply with health, safety, and housing standards required by law, it does not do a good job of explaining what that means.

For a more detailed description of your landlord’s legal responsibility to repair and maintain your rental property, you will need to research one of your City’s bylaws – usually referred to as a “Standards of Maintenance” or “Good Neighbour” bylaw. These local laws go into greater detail than the RTA on heating systems, hot water, infestations, exterior walls, roofing, elevators, fire escapes, etc. If your landlord is refusing to make certain repairs, your City might be willing to send a Bylaw Officer to inspect your property, issue warnings and fines to your landlord, or otherwise enforce the bylaw. Alternatively, the bylaw could be used as evidence for a repair order at a Residential Tenancy Branch (RTB) dispute resolution hearing.

Unfortunately, not all Cities have Standards of Maintenance / Good Neighbour bylaws, and some City bylaws are better than others. For a list of such bylaws from around the province, visit TRAC’s webpage on Repairs and Maintenance.

Illegal Secondary Suites: If your City finds out that you live in an illegal secondary suite, they could force your landlord to evict you by using a One Month Eviction Notice for Cause under section 47(1)(k) of the RTA. For this reason, if your landlord refuses to make repairs to your illegal suite, your safest legal option may be to apply for a repair order through the RTB. Illegal secondary suites are covered under the RTA and the RTB will not inform your City that you are living in one.

Services and facilities

Essential services and facilities

Your landlord cannot reduce or restrict any service or facility that is essential and necessary to your rental unit and, if taken away, would make it impossible or impractical for you to live there. An example of an essential service may be an elevator in a multi-storey apartment building. See section 27(1) of the Residential Tenancy Act (RTA) and Residential Tenancy Branch Policy Guideline 22 for more information.

If you have a problem with an essential service or facility, ask your landlord in writing to correct the situation. If that does not work, apply for dispute resolution for an order requiring your landlord to restore the essential service or facility. You can also apply for monetary compensation from your landlord for ignoring your request, as well as a rent reduction until the service or facility has been restored.

Alternatively, if the issue meets the RTA definition of “emergency repair” – for example, the primary heating system breaks during the winter – you can consider following the emergency repair procedures described in section 33 of the RTA.

Non-essential services and facilities

Your landlord has the option to reduce or restrict non-essential services or facilities, but only if they provide 30 days written notice on an approved form and reduce your monthly rent by an amount equal to the value of the service or facility. For example, if internet was always provided as part of your tenancy agreement but has now been cancelled by your landlord, your rent should be reduced by the cost of a comparable internet package. See section 27(2) of the RTA for more information.

If your landlord reduces or restricts a non-essential service or facility without providing 30 days written notice and a rent reduction, do not withhold rent. Instead, you will have to resolve the problem by writing your landlord and explaining the law, or applying for dispute resolution for an order that they comply with your tenancy agreement.


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.