Difference between revisions of "Residential Tenancy"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.ganapathico.com/our-team/anna-kurt/ Anna Kurt], Ganapathi Law Group|date= July 2023}} {{Dial-A-Law TOC|expanded = home}}
BC’s residential tenancy law applies to most types of rental housing situations in the province. Learn key aspects of this law, and answers to common questions raised by tenants and landlords.


{{Dial-A-Law TOC|expanded = housing}}
==What you should know==
===BC’s residential tenancy law===
Most rental housing in BC is governed by the ''[https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html Residential Tenancy Act]''. This is BC’s main law setting out protections for tenants and landlords. It applies to rental apartments and rented houses, including secondary suites. It also applies to rentals in many other types of housing, such as rented strata units and rented co-op units.


This script has information on residential tenancy. It does not cover every topic for all tenants and landlords. Instead, it gives other information sources, including the [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy Residential Tenancy Branch]—called the Branch in this script. This BC government agency administers the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/02078_01 Residential Tenancy Act]'', (called the Act—it’s the main law in this area) and the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/477_2003 Residential Tenancy Regulation]''. The Branch also provides several important services to tenants and landlords. Finally, this script does not cover tenancies in manufactured home parks, but it gives a link at the end of the script to the Branch guide on this topic.
But it doesn’t cover all types of tenancies. For example, tenancies in manufactured home parks are covered by the ''[https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-77/latest/sbc-2002-c-77.html Manufactured Home Park Tenancy Act]''.


==What are tenants responsible for?==
The Residential Tenancy Branch is the BC government agency that administers the ''Residential Tenancy Act''. [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies?keyword=residential&keyword=tenancy&keyword=branch Here's the branch's website]. They help tenants and landlords resolve problems by providing a formal dispute resolution process. We explain this process shortly.


*Paying rent and other fees in the tenancy agreement on time.
===Responsibilities of tenants and landlords===
*Keeping the rental unit and common areas clean.
Under BC’s residential tenancy law, '''tenants''' are responsible for:
*Repairing any damage they or their guests cause, as soon as possible. This does not include reasonable wear and tear. Also, telling the landlord of any needed repairs or problems, such as mice, cockroaches, or bedbugs.
* paying rent and other fees in the tenancy agreement on time
*Not disturbing other people living in the building or neighbouring property and not letting guests do so either.
* keeping the rental unit and common areas clean
*Not putting others in the building in danger and not letting guests do so either.
* repairing any damage they or their guests cause, as soon as possible (this does not include reasonable wear and tear)
* telling the landlord of any needed repairs or problems, such as mice, cockroaches, or bedbugs
* not disturbing other people living in the building or neighbouring property and not letting guests do so either


==What are landlords responsible for?==
'''Landlords''' are responsible for:
*Making sure the rental unit and the building are reasonably safe, healthy, and suitable to live in.
* making sure the rental unit and the building are reasonably safe, healthy, and suitable to live in
*Providing a tenancy agreement, condition inspection reports, and giving receipts for rent or other fees paid in cash.
* providing a tenancy agreement, condition inspection reports, and giving receipts for rent or other fees paid in cash
*Doing repairs and keeping the rental unit and building in good condition. If a landlord won’t make a necessary repair, a tenant should first talk to the landlord and then make a written request to the landlord to make the repair. If that doesn’t work, the tenant should then apply for dispute resolution (explained below). Tenants should not hold back rent or pay for the repairs, hoping that the landlord will pay them back—unless the landlord has agreed in writing to do so.
* doing repairs and keeping the rental unit and building in good condition
*Ensuring that the rental unit and building has proper heating, plumbing, electricity, locks, walls, floors, and ceilings (with no water leaks or holes). Maintaining anything included in the tenancy agreement, such as fridge, stove, laundry facilities, garages, and storage sheds. A landlord can take away a service (but not an essential service) if they give 30 days’ written notice to the tenant and reduce the rent by the value of the cancelled service.
* ensuring the rental unit and building has proper heating, plumbing, electricity, locks, walls, floors, and ceilings (with no water leaks or holes)
*Paying the utility bills if utilities are included in the rent.
* maintaining anything included in the tenancy agreement, such as the fridge, stove, laundry facilities, garages, and storage sheds
*Investigating any complaints about a tenant disturbing other tenants.
* paying the utility bills if utilities are included in the rent
*Not discriminating based on a person’s race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, gender, sexual orientation, age or lawful source of income (this is from section 10 of the BC ''Human Rights Code''—check script [[Human Rights & Discrimination Protection (Script 236)|236]] for details).


==What should tenants do before renting a unit?==
===At the beginning of a tenancy===
#Inspect the rental unit carefully, with the landlord, and make sure it’s suitable.
{| class="wikitable"
#Read the tenancy agreement before signing it.
|align="left"|'''Tenant must-do's before renting'''
#Know who the landlord is and get the landlord’s full name, address, and phone number (provided on the tenancy agreement).
# Inspect the rental unit carefully, with the landlord, and make sure it’s suitable.
# Read the [tenancy] agreement before signing it.
# Know who the landlord is and get their full name, address, and phone number.
|}


==Condition inspection reports==
====The tenancy agreement====
Landlords and tenants must do an inspection of the rental unit at the start of the tenancy, and then, both the landlord and tenant must complete and sign a Condition Inspection Report—a written record of the condition the rental unit is in. The report should show if the rental unit is not in good condition. For example, there may be stains on the rug or holes in the walls. The report can include photographs. This report can be useful if there is a disagreement later. The landlord must give the tenant a copy within 7 days of the move-in inspection.
''[https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html#sec12_smooth Under the Residential Tenancy Act]'', a landlord must prepare a written '''tenancy agreement''' for every tenancy. The tenancy agreement must cover several things, including whether the tenancy is periodic (for example, weekly or monthly) or a fixed term, the amount of the rent, when rent is due, what services are included, and the amount of the security deposit. [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/tenancy-agreements The Residential Tenancy Branch website has a tenancy agreement template].


At the end of the tenancy, the landlord and tenant must do another inspection and complete another Condition Inspection Report. The landlord must give the tenant a copy of the move-out report within 15 days after the tenant moves out or when they get the tenant’s forwarding address—whichever is later. Landlords who don’t do the report may lose the right to claim against the security deposit for any damages to the unit or building. Tenants who don’t do the report may lose the right to get their security deposit back.
Both the landlord and tenant must sign and date the tenancy agreement. Within '''21 days''' of entering into the agreement, the landlord must give the tenant a copy of the agreement.


==Written tenancy agreements==
If a landlord doesn’t prepare a tenancy agreement, [https://www.canlii.org/en/bc/laws/regu/bc-reg-477-2003/latest/bc-reg-477-2003.html#sec13_smooth standard terms prescribed under BC’s residential tenancy law] apply to the tenancy.
The Act requires landlords and tenants to use a written tenancy agreement covering several items, such as legal names of both landlord and tenant, address of the rental unit, amount of rent and when rent is due, what the rent includes, start date of the tenancy, and amount of the security deposit. Even if the tenancy agreement does not have a required term, the Act treats the agreement as if it has the term. The Branch website has a [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/tenancy-agreements sample tenancy agreement].


==Security deposits and pet damage deposits==
====Condition inspection report====
Landlords can require a tenant to pay up to a half-month’s rent as a security deposit. But they can’t require another deposit if the rent goes up during the tenancy. Tenants should pay the deposit when they sign the tenancy agreement. They have to pay it within 30 days of moving in. If they don’t, the landlord can give them a 1-Month Notice to End Tenancy. Tenants should always get a receipt for the security deposit. Landlords have to give a receipt if tenants pay with cash.
The landlord and tenant together must inspect the condition of the rental unit at the start of the tenancy. The landlord must complete a '''condition inspection report''', and both parties must sign it. This is a written record of the condition of the rental unit. The report should show if the rental unit is not in good condition. For example, there may be stains on the rug or holes in the walls. The report can include photographs. This report can be useful if there is a disagreement later.


Landlords can also require a pet damage deposit of another half-month’s rent—but only one deposit, no matter how many pets a tenant has.
The landlord must give the tenant a copy of the condition inspection report within '''seven days''' after the inspection is completed.


Landlords must pay interest on security and pet damage deposits when returning the deposits to the tenant—at the rate the BC government sets each year. The Branch website has a rate calculator.
===Ending a tenancy — by the landlord===
A landlord can give a tenant a '''notice to end tenancy''' for certain reasons. The tenant can dispute the landlord’s reasons. The most common reasons are explained here.


After a tenant moves out and gives a landlord a forwarding address in writing, the landlord has to do one of the following things within 15 days:
{| class="wikitable"
|align="left"|'''Notice must be given using the proper form'''
Landlords must give proper notice to tenants if they plan to end a tenancy. There are different notice forms required for different situations. [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/landlord-notice The forms are on the Residential Tenancy Branch website]. There are also rules about how and when a landlord can serve notice. [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/during-a-tenancy/serving-notices-during-tenancy The branch explains them here].
|}


*Return the deposits with interest.
====For failing to pay rent====
*Ask the tenant to agree in writing to any deductions the landlord wants to keep and then return the rest of the deposits.
A tenant must pay their rent, in full and on time. If they don’t, the landlord can give the tenant a '''10-day notice to end tenancy''' for non-payment of rent. Then the tenant has five days either to pay all the rent owing — which cancels the notice — or to apply for dispute resolution. Otherwise, the tenant must move out within 10 days after receiving the notice.
*File a dispute resolution application asking to keep some or all of the deposits.


If the landlord does not do any of these things, the tenant may be able to get double the security deposit. If a tenant gives the landlord their written forwarding address within one year of moving out, but the landlord does not return the deposit, the tenant has 2 years from the end of the tenancy to apply to the Branch for dispute resolution and an order that the landlord return double the deposit.
If a tenant does neither, the landlord can apply to the Residential Tenancy Branch for an '''order of possession'''. The branch may issue the order without holding a hearing.


Tenants have only 1 year from when a tenancy ends to give the landlord their forwarding address. If they don’t do that, the landlord can keep the security deposit and the pet damage deposit.  
A landlord cannot take a tenant’s personal property or lock the tenant out for failing to pay rent. If a landlord takes a tenant’s property, the tenant can apply for dispute resolution, asking the branch to order the landlord to return the property or pay the tenant for it.


==Fees: both refundable and non-refundable==
====For cause====
Landlords can charge a refundable fee for keys and other access devices—but not if the key or access device is the tenant’s only way to access the property. They must repay the fee when the tenant returns the key or device. [http://www.bclaws.ca/civix/document/id/complete/statreg/477_2003#section6 Section 6] of the Regulation covers refundable fees.  
The landlord must give the tenant '''one month’s notice''' in this case. The most common cause is repeated late payment of rent. Other common causes are disturbing other occupants, seriously damaging the rental unit or the building, or having too many people living in the rental unit.


Landlords can charge a non-refundable fee for things like additional keys, access devices, and garage-door openers and to replace these things. They can also charge a non-refundable fee for certain other things, such as a service charge from a financial institution if a tenant’s cheque is returned. [http://www.bclaws.ca/civix/document/id/complete/statreg/477_2003#section7 Section 7] of the Regulation covers non-refundable fees.
Other reasons a landlord may point to as amounting to '''cause''' include taking part in illegal activity that harms — or is likely to harm — the building or other occupants, or breaking a rule in the tenancy agreement and ignoring a landlord’s written notice.


In all cases, the fees can’t be more than the actual cost of the items.
====For use by landlord or purchaser or their close family member====
A landlord must give a tenant '''two months’ notice''' of this. A tenant has 15 days to dispute it. A tenant is entitled to one month’s rent when a landlord issues a two-month notice to end a tenancy.
 
If a landlord or purchaser ends a tenancy with this notice but then doesn’t take steps to follow through with the stated plans within a reasonable time, they must compensate the tenant for 12 months’ rent. A tenant must apply to the Residential Tenancy Branch to get this extra compensation.
 
====For demolition or conversion====
A landlord may want to tear down the building or convert it to condominiums. They must give a tenant '''four months’ notice''' of this. A tenant has 30 days to dispute it. A tenant is entitled to one month’s rent when a landlord issues a four-month notice to end a tenancy.
 
If a landlord or purchaser ends a tenancy with this notice but then doesn’t take steps to follow through with the stated plans within a reasonable time, or use the place for the stated purpose for at least six months, they must compensate the tenant for 12 months’ rent. A tenant must apply to the branch to get this extra compensation.
 
{| class="wikitable"
|align="left"|'''New process for renovictions'''
"Renoviction" is a term used to describe an eviction that is carried out to renovate or repair a rental unit. As of 2021, the process changed to end a tenancy for renovations or repairs. The landlord must apply to the Residential Tenancy Branch, which will schedule a hearing. [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/renovictions Learn more].
|}
 
===Ending a tenancy — by the tenant===
A tenant can end a tenancy by giving written notice to the landlord. The notice must include the address of the rental unit and the date the tenant is moving out.
 
For a month-to-month or '''periodic tenancy''', the landlord must receive the tenant’s notice at least '''one month''' before the effective date of the notice and before the final month’s rent is due.
 
For a '''fixed-term tenancy''' that requires the tenant to move out at the end of the term, the tenant can move then without giving the landlord notice. For a fixed-term tenancy that doesn’t require the tenant to move out at the end of the term, the tenant must give written notice to end the tenancy at least '''one month''' before the effective date of the notice and before the day that rent is due.
 
A tenant may also be able to end a tenancy if a landlord breaches a '''material term'''. For example, if the landlord refuses to provide essential services such as heat, electricity or water. The tenant must first give written warning that a term has been breached and ask the landlord to fix the breach. If, after a reasonable time, the landlord has not fixed the breach, the tenant can end the tenancy after the landlord receives notice in writing.
 
===How disputes are resolved===
'''Dispute resolution''' is the formal process for resolving disputes between landlords and tenants. The process involves a '''hearing''', like a court hearing, but less formal. Hearings are usually by phone teleconference. Both landlords and tenants can explain their side of the case and call witnesses to do the same.
 
[http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution The Residential Tenancy Branch website explains how to apply for dispute resolution]. The site also offers tips on how to prepare for a hearing, and how to ask for review of a decision.
 
====Applying for dispute resolution====
A landlord or tenant can [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online apply online] or [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/contact-the-residential-tenancy-branch at a branch office], unless there isn’t one nearby. Then, [http://www.servicebc.gov.bc.ca/ apply at a Service BC office]. There’s an application fee. [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online/fees-and-fee-waivers The amount depends on the type of application].
 
If you apply for dispute resolution, you will receive an information package you must '''serve''' on (give to) the other side, in person or by registered mail.
 
====At the hearing====
The parties have an opportunity to present evidence related to the claim. An '''arbitrator''' makes a final and legally-binding decision.
 
====Review of a decision====
A party to a dispute resolution proceeding may apply to the Residential Tenancy Branch for a '''review''' of the arbitrator’s decision.
 
A review may only be considered if:
* a party couldn’t attend the hearing due to circumstances they couldn’t foresee or control, or
* a party has new evidence not available at the time of the hearing (meaning it did not exist), or
* a party has evidence that the decision was obtained by fraud.


==How landlords can end a tenancy==
==Common questions==
Landlords can give tenants a Notice to End Tenancy only for certain reasons – the forms for this are on the Branch website. The tenant can dispute the landlord’s reasons. The most common reasons are as follows:


'''For failing to pay rent'''—tenants must pay all the rent, on time. If they don’t, the landlord can give the tenant a “10-day notice to end tenancy” for non-payment of rent (available on the Branch website). Then the tenant has 5 days either to pay all the rent owing—which cancels the notice—or to apply for dispute resolution. Otherwise, the tenant must move out within 10 days after receiving the notice. If a tenant does neither, the landlord will likely apply to the Branch for an Order of Possession through the Dispute Resolution Process. The Branch may issue the Order of Possession without holding a hearing that the landlord or tenant participate in.
===Can a landlord ask for a security deposit at the beginning of a tenancy?===
Yes. A landlord can require a tenant to pay up to a half-month’s rent as a '''security deposit'''. But they can’t require another deposit if the rent goes up during the tenancy. A tenant should pay the deposit when they sign the tenancy agreement. They have to pay it within 30 days of moving in. If they don’t, the landlord can give them a '''one-month notice''' to end the tenancy. A tenant should always get a receipt for the security deposit. A landlord has to give a receipt if the tenant pays with cash.


A landlord cannot take a tenant’s personal property or lock the tenant out for failing to pay rent. But a landlord can apply for dispute resolution, asking the Branch for an order to get back possession of a rental unit. If a landlord takes a tenant’s property, the tenant can apply for dispute resolution, asking the Branch to order the landlord to return the property or pay the tenant for it.
A landlord can also require a '''pet damage deposit''' of another half-month’s rent — but only one deposit, no matter how many pets a tenant has.


'''For cause'''—the landlord must give the tenant one month’s notice in this case. The most common cause is repeated late payment of rent. Other common causes are disturbing other occupants; seriously damaging the rental unit or the building; having too many people living in the rental unit; taking part in illegal activity that harms — or is likely to harm—the landlord, building, or other occupants of the building; or breaking a rule in the tenancy agreement and ignoring a landlord’s written notice.
A landlord must pay interest on security and pet damage deposits when returning the deposits to the tenant — at the rate the BC government sets each year. [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/returning-deposits The Residential Tenancy Branch website has a deposits calculator].


'''For change of use'''—the landlord must give the tenant 2 month’s notice of this. Usually, the landlord or the landlord's family wants to move in, or the landlord sells the rental unit and the new owner or the new owner’s family wants to move in. Or the landlord may want to renovate or tear down the building or convert it to condominiums. The tenant is entitled to one month’s rent when a landlord issues a 2-Month Notice for change of use.
===What kinds of fees can a landlord charge?===
A landlord can charge a '''refundable fee''' for keys and other access devices — but not if the key or access device is the tenant’s only way to access the property. They must repay the fee when the tenant returns the key or device.


==Rent increases==
A landlord can charge a '''non-refundable fee''' for things like additional keys, access devices, and garage door openers, and to replace these things. They can also charge a non-refundable fee for certain other things, such as a service charge from a financial institution if a tenant’s cheque is returned.
Landlords can increase rent only once in a 12-month period and only by the amount the Act allows. The amount is listed on the Branch website. Before increasing rent, landlords must give tenants 3 full months’ notice using the form called “Notice of Rent Increase—Residential Rental Units,” on the Branch website. The landlord must also serve the notice on the tenant in the way the Act requires. The Act allows a landlord to mail the notice and, in that case, the notice is treated as received by the tenant on the 5th day after it is mailed.


==How tenants can end a tenancy==
In all cases, the fees can’t be more than the actual cost of the items.
A tenant can end a tenancy by giving written notice to the landlord. The tenant’s notice to end a tenancy must include the following: the tenant’s name and signature, the date the tenant signed it, the address of the rental unit, and the date the tenant is moving out.
*For a month-to-month or periodic tenancy, the landlord must receive the tenant’s notice at least 1 month before the effective date of the notice and before the final month’s rent is due.
*For a fixed-term tenancy that requires the tenant to move out at the end of the term, the tenant can move then without giving the landlord notice.
*For a fixed-term tenancy that doesn’t require the tenant to move out at the end of the term, the tenant must give written notice to end the tenancy at least 1 month before the effective date of the notice and before the day that rent is due.


A tenant may also be able to end a tenancy if a landlord breaches a material term. For example, if the landlord refuses to provide essential services such as heat, electricity or water. The tenant must first give written warning that a term has been breached and ask the landlord to fix the breach. If, after a reasonable time, the landlord has not fixed the breach, the tenant can end the tenancy after the landlord receives notice in writing.  
===When can a landlord increase rent?===
A landlord can increase rent only once in a 12-month period and only by the amount allowed [https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html#sec40_smooth under the ''Residential Tenancy Act]''. The Residential Tenancy Branch website includes a [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/during-a-tenancy/rent-increases rent increase calculator]. Before increasing rent, a landlord must give a tenant three full months’ notice using the form called '''notice of rent increase'''. The landlord must also serve the notice on the tenant in the way the Act requires.


The Act permits a tenant to serve a document on a landlord at the address where the landlord carries on business as a landlord, in one of the following ways: by leaving a copy of the document with an agent of the landlord or in a mailbox, by mail, or by fax. To see which type of service you have to use, you may need to talk to a lawyer.  
===Can a tenant sublet their unit?===
A tenant can assign or sublet their tenancy agreement with the '''consent''' of the landlord. The landlord’s consent is always required, but the landlord must not unreasonably withhold consent if the tenant has a fixed-term tenancy of six months or more.


==Tenant’s right to sublet==
If a tenant gets a roommate who does not have a tenancy agreement with the landlord, the roommate is not covered by residential tenancy laws and does not have any standing with the landlord. Disputes between tenants and roommates are not handled by the Residential Tenancy Branch. Instead, [https://civilresolutionbc.ca/ the parties would have to go to the Civil Resolution Tribunal] (for disputes up to $5,000) or [https://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters Small Claims Court] (for disputes from $5,000 to $35,000).
Tenants can assign or sublet their tenancy agreement with the consent of the landlord. The landlord’s consent is always required, but the landlord must not unreasonably withhold consent if the tenant has a fixed term tenancy of 6 months or more.  


==Tenant’s right to quiet enjoyment and privacy==
===Can a landlord enter a tenant’s rental unit?===
A landlord can’t enter a tenant’s home, except in certain cases, such as an emergency, like a fire or flood. Landlords can also come in if they:
[https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html#sec29_smooth Under the ''Residential Tenancy Act]'', a landlord can’t enter a tenant’s unit, except in certain specific situations. A landlord can enter a tenant’s unit:


*give the tenant between 24 hours’ and 30 days’ written notice, saying what date and time they want to come in, and giving a good reason, such as doing repairs or showing the unit to potential tenants or purchasers.
* In an '''emergency''', like a fire or flood.
*get an order from the Branch to enter the rental unit.
* If the landlord gives the tenant between 24 hours and 30 days '''written notice''', saying what date and time they want to come in, and giving a good reason, such as doing repairs or showing the unit to potential tenants or purchasers.
*want to inspect the rental unit; they can do this once a month—if they give proper notice.
* If the landlord gets an '''order''' from the Residential Tenancy Branch to enter the rental unit.
*have the tenant’s permission.
* If the landlord wants to inspect the rental unit. They can do this once a month — if they give proper notice.
* If the landlord has the tenant’s '''permission'''.


Except in an emergency, a landlord can come in only between 8 am and 9 pm—unless the tenant agrees to other times. Neither tenants nor landlords may change locks, except in an emergency, or if they both agree in writing.
Except in an emergency, a landlord can come in only between 8 am and 9 pm — unless the tenant agrees to other times. Neither tenants nor landlords may change locks, except in an emergency or if they both agree in writing.


A landlord can’t interfere, or let other occupants or employees interfere, with a tenant’s right to quiet enjoyment of their rental unit. Noise, sights, and smells can all interfere with quiet enjoyment. If tenants have noisy neighbours, they can call the police, as well as the landlord. The outcome depends on the municipal noise bylaw where the tenant lives. Some municipalities prohibit noise after a certain time at night.
===What if a tenant’s right to quiet enjoyment is not respected?===
[https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html#sec28_smooth Under the ''Residential Tenancy Act]'', a tenant is entitled to '''quiet enjoyment''' of their rental unit. This includes the right to reasonable privacy and to be free from unreasonable disturbance. A landlord can’t interfere, or let other occupants or employees interfere, with a tenant’s right to quiet enjoyment of their unit. Noise, sights, and smells can all interfere with quiet enjoyment. If a tenant has noisy neighbours, they can call the police, as well as the landlord. The outcome in part depends on the municipal noise bylaw where the tenant lives. Some municipalities prohibit noise after a certain time at night.


Tenants can’t withhold rent if their landlord or other tenants interfere with their privacy or quiet enjoyment. However, they can apply for dispute resolution and compensation. Tenants can have guests—they’re not the landlord’s business. But if it looks like the guests have moved in, the tenant may be breaking the tenancy agreement. The landlord may increase the rent—but only if the tenancy agreement allows for a rent increase if more people move into the rental unit. Or the landlord may try to end the tenancy because of an unreasonable number of occupants.
A tenant can’t withhold rent if their landlord or other tenants interfere with their privacy or quiet enjoyment. However, they can apply for dispute resolution and compensation.


==Dispute resolution==
A tenant can have guests — they’re not the landlord’s business. But if it looks like the guests have moved in, the tenant may be breaking the tenancy agreement. The landlord may increase the rent — but only if the tenancy agreement allows for a rent increase if more people move into the rental unit. Or the landlord may try to end the tenancy because of an unreasonable number of occupants.
Dispute resolution is the process that the Act uses to solve residential tenancy problems. It involves a hearing, like a court hearing, but less formal. Hearings are usually by phone teleconference. Hearings are booked to last one hour. Both landlords and tenants can explain their side of the case and call witnesses to do the same. The time limits to apply for dispute resolution depend on the type of dispute. The Branch [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution vwebsite] explains how to apply for dispute resolution, how to tell, or notify, the other side of the hearing, how to prepare for a hearing, and how to ask for review of a decision.


Apply for dispute resolution [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/applying-for-dispute-resolution online] or at a [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/contact-the-residential-tenancy-branch Branch office], unless there isn’t one near you. Then, apply at a [http://www.servicebc.gov.bc.ca/ Service BC office]. There’s a non-refundable [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/applying-for-dispute-resolution/fees-and-fee-waivers application fee] and the total fee depends on the application. You can ask the Branch to [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/applying-for-dispute-resolution/fees-and-fee-waivers waive] (cancel) the fee if you can’t pay. You can also ask the Branch to make the other party (landlord or tenant) pay you back for the fee, if you win the dispute. If you apply for dispute resolution, you will receive an information package that you must serve on (give to) the other side, in person or by registered mail.
===What if a landlord won’t make a needed repair?===
If a landlord won’t make a necessary repair, a tenant should first talk to the landlord and then make a written request to the landlord to make the repair. If that doesn’t work, the tenant can apply for dispute resolution. A tenant should not hold back rent or pay for the repairs, hoping the landlord will pay them back — unless the landlord has agreed in writing to do so.


A group of tenants with the same problem with the same landlord can apply as a group.
===Can a landlord take away a service?===
A landlord can take away a service (but not an essential service) if they give 30 days’ written notice to the tenant and reduce the rent by the value of the cancelled service.


Landlords and tenants can [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/after-the-hearing/review-clarify-or-correct-a-decision ask the Branch to review, clarify or correct a the decision]—but only if one or more of the following cases apply:
===At the end of a tenancy, how can a tenant get their security deposit back?===
*they couldn’t attend the hearing due to circumstances they couldn’t foresee or control.
At the end of the tenancy, the landlord and tenant together must do an inspection of the rental unit. The landlord must complete a '''condition inspection report'''. The landlord must give the tenant a copy of the inspection report within 15 days after the tenant moves out or when they get the tenant’s forwarding address — whichever is later. A landlord who doesn’t complete the report may lose the right to claim against the security deposit for any damages to the unit or building. A tenant who doesn’t do the inspection may lose the right to get their security deposit back.
*they have new evidence not available at the time of the hearing (meaning it did not exist).
*they have evidence that the decision was obtained by fraud.


==More information==
After a tenant moves out and gives a landlord a forwarding address in writing, the landlord must do one of the following things within '''15 days''':
*The BC [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/tenancy-agreements Residential Tenancy Branch]. Call it at 604.660.1020 in the lower mainland, 250.387.1602 in Victoria, and 1.800.665.8779 elsewhere in BC.
*The [http://www.tenants.bc.ca/ TRAC Tenant Resource and Advisory Centre] has the [http://tenants.bc.ca/tenant-survival-guide/ Tenant Survival Guide] and other information. Call its '''tenant infoline''' Monday to Thursday from 9 am to 5 pm at 604.255.0546 in the lower mainland and 1.800.665.1185 elsewhere in BC.
*[http://www.landlordbc.ca/ LandlordBC] represents more than 3,300 members who manage over 130,000 residential rental units throughout BC. It provides advice, answers to legal questions, and other services to its members, residential rental property owners, and property managers. Call it at 250.382.6324 in Victoria and elsewhere in BC at 1.888.330.6707.


* return the security deposit and any pet damage deposit with interest
* ask the tenant to agree in writing to any deductions the landlord wants to keep and then return the rest of the deposits
* file a dispute resolution application asking to keep some or all of the deposits


If the landlord does not do any of these things, the tenant may be able to get double the deposit provided. If a tenant gives the landlord their written forwarding address within one year of moving out, but the landlord does not return the deposit, the tenant has two years from the end of the tenancy to apply to the Residential Tenancy Branch for dispute resolution and an order that the landlord return double the deposit.


[updated November 2016]
If the tenant does not give the landlord their forwarding address within one year of moving out, the landlord can keep the security deposit and the pet damage deposit.


'''The above was last reviewed for accuracy by Anna Kurt and edited by John Blois.'''
==Who can help==


----
===Helpful agencies===
:'''Residential Tenancy Branch'''
:BC government agency that helps tenants and landlords resolve problems.
:Call 1-800-665-8779
:[https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies Visit website]


:'''Tenant Resource & Advisory Centre (TRAC)'''
:Help and advice for tenants experiencing legal problems.
:Call 1-800-665-1185
:[https://tenants.bc.ca/ Visit website]
:'''Landlord BC'''
:Information and advice for landlords and property managers throughout BC.
:Call 1-888-330-6707
:[https://landlordbc.ca/ Visit website]
{{Dial-A-Law_Navbox|type=life}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law_Navbox|type=housing}}

Latest revision as of 05:53, 2 October 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Anna Kurt, Ganapathi Law Group in July 2023.

BC’s residential tenancy law applies to most types of rental housing situations in the province. Learn key aspects of this law, and answers to common questions raised by tenants and landlords.

What you should know

BC’s residential tenancy law

Most rental housing in BC is governed by the Residential Tenancy Act. This is BC’s main law setting out protections for tenants and landlords. It applies to rental apartments and rented houses, including secondary suites. It also applies to rentals in many other types of housing, such as rented strata units and rented co-op units.

But it doesn’t cover all types of tenancies. For example, tenancies in manufactured home parks are covered by the Manufactured Home Park Tenancy Act.

The Residential Tenancy Branch is the BC government agency that administers the Residential Tenancy Act. Here's the branch's website. They help tenants and landlords resolve problems by providing a formal dispute resolution process. We explain this process shortly.

Responsibilities of tenants and landlords

Under BC’s residential tenancy law, tenants are responsible for:

  • paying rent and other fees in the tenancy agreement on time
  • keeping the rental unit and common areas clean
  • repairing any damage they or their guests cause, as soon as possible (this does not include reasonable wear and tear)
  • telling the landlord of any needed repairs or problems, such as mice, cockroaches, or bedbugs
  • not disturbing other people living in the building or neighbouring property and not letting guests do so either

Landlords are responsible for:

  • making sure the rental unit and the building are reasonably safe, healthy, and suitable to live in
  • providing a tenancy agreement, condition inspection reports, and giving receipts for rent or other fees paid in cash
  • doing repairs and keeping the rental unit and building in good condition
  • ensuring the rental unit and building has proper heating, plumbing, electricity, locks, walls, floors, and ceilings (with no water leaks or holes)
  • maintaining anything included in the tenancy agreement, such as the fridge, stove, laundry facilities, garages, and storage sheds
  • paying the utility bills if utilities are included in the rent

At the beginning of a tenancy

Tenant must-do's before renting
  1. Inspect the rental unit carefully, with the landlord, and make sure it’s suitable.
  2. Read the [tenancy] agreement before signing it.
  3. Know who the landlord is and get their full name, address, and phone number.

The tenancy agreement

Under the Residential Tenancy Act, a landlord must prepare a written tenancy agreement for every tenancy. The tenancy agreement must cover several things, including whether the tenancy is periodic (for example, weekly or monthly) or a fixed term, the amount of the rent, when rent is due, what services are included, and the amount of the security deposit. The Residential Tenancy Branch website has a tenancy agreement template.

Both the landlord and tenant must sign and date the tenancy agreement. Within 21 days of entering into the agreement, the landlord must give the tenant a copy of the agreement.

If a landlord doesn’t prepare a tenancy agreement, standard terms prescribed under BC’s residential tenancy law apply to the tenancy.

Condition inspection report

The landlord and tenant together must inspect the condition of the rental unit at the start of the tenancy. The landlord must complete a condition inspection report, and both parties must sign it. This is a written record of the condition of the rental unit. The report should show if the rental unit is not in good condition. For example, there may be stains on the rug or holes in the walls. The report can include photographs. This report can be useful if there is a disagreement later.

The landlord must give the tenant a copy of the condition inspection report within seven days after the inspection is completed.

Ending a tenancy — by the landlord

A landlord can give a tenant a notice to end tenancy for certain reasons. The tenant can dispute the landlord’s reasons. The most common reasons are explained here.

Notice must be given using the proper form

Landlords must give proper notice to tenants if they plan to end a tenancy. There are different notice forms required for different situations. The forms are on the Residential Tenancy Branch website. There are also rules about how and when a landlord can serve notice. The branch explains them here.

For failing to pay rent

A tenant must pay their rent, in full and on time. If they don’t, the landlord can give the tenant a 10-day notice to end tenancy for non-payment of rent. Then the tenant has five days either to pay all the rent owing — which cancels the notice — or to apply for dispute resolution. Otherwise, the tenant must move out within 10 days after receiving the notice.

If a tenant does neither, the landlord can apply to the Residential Tenancy Branch for an order of possession. The branch may issue the order without holding a hearing.

A landlord cannot take a tenant’s personal property or lock the tenant out for failing to pay rent. If a landlord takes a tenant’s property, the tenant can apply for dispute resolution, asking the branch to order the landlord to return the property or pay the tenant for it.

For cause

The landlord must give the tenant one month’s notice in this case. The most common cause is repeated late payment of rent. Other common causes are disturbing other occupants, seriously damaging the rental unit or the building, or having too many people living in the rental unit.

Other reasons a landlord may point to as amounting to cause include taking part in illegal activity that harms — or is likely to harm — the building or other occupants, or breaking a rule in the tenancy agreement and ignoring a landlord’s written notice.

For use by landlord or purchaser or their close family member

A landlord must give a tenant two months’ notice of this. A tenant has 15 days to dispute it. A tenant is entitled to one month’s rent when a landlord issues a two-month notice to end a tenancy.

If a landlord or purchaser ends a tenancy with this notice but then doesn’t take steps to follow through with the stated plans within a reasonable time, they must compensate the tenant for 12 months’ rent. A tenant must apply to the Residential Tenancy Branch to get this extra compensation.

For demolition or conversion

A landlord may want to tear down the building or convert it to condominiums. They must give a tenant four months’ notice of this. A tenant has 30 days to dispute it. A tenant is entitled to one month’s rent when a landlord issues a four-month notice to end a tenancy.

If a landlord or purchaser ends a tenancy with this notice but then doesn’t take steps to follow through with the stated plans within a reasonable time, or use the place for the stated purpose for at least six months, they must compensate the tenant for 12 months’ rent. A tenant must apply to the branch to get this extra compensation.

New process for renovictions

"Renoviction" is a term used to describe an eviction that is carried out to renovate or repair a rental unit. As of 2021, the process changed to end a tenancy for renovations or repairs. The landlord must apply to the Residential Tenancy Branch, which will schedule a hearing. Learn more.

Ending a tenancy — by the tenant

A tenant can end a tenancy by giving written notice to the landlord. The notice must include the address of the rental unit and the date the tenant is moving out.

For a month-to-month or periodic tenancy, the landlord must receive the tenant’s notice at least one month before the effective date of the notice and before the final month’s rent is due.

For a fixed-term tenancy that requires the tenant to move out at the end of the term, the tenant can move then without giving the landlord notice. For a fixed-term tenancy that doesn’t require the tenant to move out at the end of the term, the tenant must give written notice to end the tenancy at least one month before the effective date of the notice and before the day that rent is due.

A tenant may also be able to end a tenancy if a landlord breaches a material term. For example, if the landlord refuses to provide essential services such as heat, electricity or water. The tenant must first give written warning that a term has been breached and ask the landlord to fix the breach. If, after a reasonable time, the landlord has not fixed the breach, the tenant can end the tenancy after the landlord receives notice in writing.

How disputes are resolved

Dispute resolution is the formal process for resolving disputes between landlords and tenants. The process involves a hearing, like a court hearing, but less formal. Hearings are usually by phone teleconference. Both landlords and tenants can explain their side of the case and call witnesses to do the same.

The Residential Tenancy Branch website explains how to apply for dispute resolution. The site also offers tips on how to prepare for a hearing, and how to ask for review of a decision.

Applying for dispute resolution

A landlord or tenant can apply online or at a branch office, unless there isn’t one nearby. Then, apply at a Service BC office. There’s an application fee. The amount depends on the type of application.

If you apply for dispute resolution, you will receive an information package you must serve on (give to) the other side, in person or by registered mail.

At the hearing

The parties have an opportunity to present evidence related to the claim. An arbitrator makes a final and legally-binding decision.

Review of a decision

A party to a dispute resolution proceeding may apply to the Residential Tenancy Branch for a review of the arbitrator’s decision.

A review may only be considered if:

  • a party couldn’t attend the hearing due to circumstances they couldn’t foresee or control, or
  • a party has new evidence not available at the time of the hearing (meaning it did not exist), or
  • a party has evidence that the decision was obtained by fraud.

Common questions

Can a landlord ask for a security deposit at the beginning of a tenancy?

Yes. A landlord can require a tenant to pay up to a half-month’s rent as a security deposit. But they can’t require another deposit if the rent goes up during the tenancy. A tenant should pay the deposit when they sign the tenancy agreement. They have to pay it within 30 days of moving in. If they don’t, the landlord can give them a one-month notice to end the tenancy. A tenant should always get a receipt for the security deposit. A landlord has to give a receipt if the tenant pays with cash.

A landlord can also require a pet damage deposit of another half-month’s rent — but only one deposit, no matter how many pets a tenant has.

A landlord must pay interest on security and pet damage deposits when returning the deposits to the tenant — at the rate the BC government sets each year. The Residential Tenancy Branch website has a deposits calculator.

What kinds of fees can a landlord charge?

A landlord can charge a refundable fee for keys and other access devices — but not if the key or access device is the tenant’s only way to access the property. They must repay the fee when the tenant returns the key or device.

A landlord can charge a non-refundable fee for things like additional keys, access devices, and garage door openers, and to replace these things. They can also charge a non-refundable fee for certain other things, such as a service charge from a financial institution if a tenant’s cheque is returned.

In all cases, the fees can’t be more than the actual cost of the items.

When can a landlord increase rent?

A landlord can increase rent only once in a 12-month period and only by the amount allowed under the Residential Tenancy Act. The Residential Tenancy Branch website includes a rent increase calculator. Before increasing rent, a landlord must give a tenant three full months’ notice using the form called notice of rent increase. The landlord must also serve the notice on the tenant in the way the Act requires.

Can a tenant sublet their unit?

A tenant can assign or sublet their tenancy agreement with the consent of the landlord. The landlord’s consent is always required, but the landlord must not unreasonably withhold consent if the tenant has a fixed-term tenancy of six months or more.

If a tenant gets a roommate who does not have a tenancy agreement with the landlord, the roommate is not covered by residential tenancy laws and does not have any standing with the landlord. Disputes between tenants and roommates are not handled by the Residential Tenancy Branch. Instead, the parties would have to go to the Civil Resolution Tribunal (for disputes up to $5,000) or Small Claims Court (for disputes from $5,000 to $35,000).

Can a landlord enter a tenant’s rental unit?

Under the Residential Tenancy Act, a landlord can’t enter a tenant’s unit, except in certain specific situations. A landlord can enter a tenant’s unit:

  • In an emergency, like a fire or flood.
  • If the landlord gives the tenant between 24 hours and 30 days written notice, saying what date and time they want to come in, and giving a good reason, such as doing repairs or showing the unit to potential tenants or purchasers.
  • If the landlord gets an order from the Residential Tenancy Branch to enter the rental unit.
  • If the landlord wants to inspect the rental unit. They can do this once a month — if they give proper notice.
  • If the landlord has the tenant’s permission.

Except in an emergency, a landlord can come in only between 8 am and 9 pm — unless the tenant agrees to other times. Neither tenants nor landlords may change locks, except in an emergency or if they both agree in writing.

What if a tenant’s right to quiet enjoyment is not respected?

Under the Residential Tenancy Act, a tenant is entitled to quiet enjoyment of their rental unit. This includes the right to reasonable privacy and to be free from unreasonable disturbance. A landlord can’t interfere, or let other occupants or employees interfere, with a tenant’s right to quiet enjoyment of their unit. Noise, sights, and smells can all interfere with quiet enjoyment. If a tenant has noisy neighbours, they can call the police, as well as the landlord. The outcome in part depends on the municipal noise bylaw where the tenant lives. Some municipalities prohibit noise after a certain time at night.

A tenant can’t withhold rent if their landlord or other tenants interfere with their privacy or quiet enjoyment. However, they can apply for dispute resolution and compensation.

A tenant can have guests — they’re not the landlord’s business. But if it looks like the guests have moved in, the tenant may be breaking the tenancy agreement. The landlord may increase the rent — but only if the tenancy agreement allows for a rent increase if more people move into the rental unit. Or the landlord may try to end the tenancy because of an unreasonable number of occupants.

What if a landlord won’t make a needed repair?

If a landlord won’t make a necessary repair, a tenant should first talk to the landlord and then make a written request to the landlord to make the repair. If that doesn’t work, the tenant can apply for dispute resolution. A tenant should not hold back rent or pay for the repairs, hoping the landlord will pay them back — unless the landlord has agreed in writing to do so.

Can a landlord take away a service?

A landlord can take away a service (but not an essential service) if they give 30 days’ written notice to the tenant and reduce the rent by the value of the cancelled service.

At the end of a tenancy, how can a tenant get their security deposit back?

At the end of the tenancy, the landlord and tenant together must do an inspection of the rental unit. The landlord must complete a condition inspection report. The landlord must give the tenant a copy of the inspection report within 15 days after the tenant moves out or when they get the tenant’s forwarding address — whichever is later. A landlord who doesn’t complete the report may lose the right to claim against the security deposit for any damages to the unit or building. A tenant who doesn’t do the inspection may lose the right to get their security deposit back.

After a tenant moves out and gives a landlord a forwarding address in writing, the landlord must do one of the following things within 15 days:

  • return the security deposit and any pet damage deposit with interest
  • ask the tenant to agree in writing to any deductions the landlord wants to keep and then return the rest of the deposits
  • file a dispute resolution application asking to keep some or all of the deposits

If the landlord does not do any of these things, the tenant may be able to get double the deposit provided. If a tenant gives the landlord their written forwarding address within one year of moving out, but the landlord does not return the deposit, the tenant has two years from the end of the tenancy to apply to the Residential Tenancy Branch for dispute resolution and an order that the landlord return double the deposit.

If the tenant does not give the landlord their forwarding address within one year of moving out, the landlord can keep the security deposit and the pet damage deposit.

Who can help

Helpful agencies

Residential Tenancy Branch
BC government agency that helps tenants and landlords resolve problems.
Call 1-800-665-8779
Visit website
Tenant Resource & Advisory Centre (TRAC)
Help and advice for tenants experiencing legal problems.
Call 1-800-665-1185
Visit website
Landlord BC
Information and advice for landlords and property managers throughout BC.
Call 1-888-330-6707
Visit website
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