Difference between revisions of "Preparing to Rent"

''Not all renters are protected by the Residential Tenancy Act''. If your name is on a tenancy agreement as a tenant and you pay rent to a landlord who does not live with you, then you are likely considered a tenant and protected by the ''[[Residential Tenancy Act]]''. If you do not have rights under the Act, you may have rights under contract law. For example, you may be able to take your landlord or roommates to a hearing in Small Claims Court to get money back from them. You can only apply for dispute resolution through the [[Residential Tenancy Branch]] if you are covered by the ''[[Residential Tenancy Act]]''.

'''Roommates''': If you share a place with the owner you are not covered by the ''[[Residential Tenancy Act]]''.

'''Rooming houses''': If you live in a rooming house and do not share bathroom or kitchen facilities with the owner you are protected by the ''[[Residential Tenancy Act]]''.

'''Hotels''': Hotel tenants are protected by the ''[[Residential Tenancy Act]]'' if the hotel is the tenant's primary residence.

'''Manufactured homes (mobile homes)''': If you rent both a manufactured home and the pad it sits on, you have the same legal rights as other tenants. But if you own a manufactured home and rent only the pad, the ''[[Manufactured Home Park Tenancy Act]]'' has special rules for you. This guide does not cover those rules. Phone the [[Residential Tenancy Branch]] for more information (see the [[Other Resources for Tenants|Other Resources]] section or look at the legislation on their website at [http://www.rto.gov.bc.ca www.rto.gov.bc.ca].

'''Non-profit housing''': If you live in non-profit or subsidized housing, you are protected by the ''[[Residential Tenancy Act]]''. This includes tenants living in single room occupancy hotels (SRO) operated by a non-profit society, municipality, or regional district. However, if your rent is based on your income different rules regarding rent increases and evictions may apply.

The ''[[Residential Tenancy Act]]'' does not apply to:

If you are visiting from another country and renting in British Columbia, it is important to know your rights and obligations under the [[''Residential Tenancy Act'']]. If you are not planning on staying for a year, then you should not sign a lease or agreement that says you will stay for a year. Some landlords rent to visiting students knowing that they won’t stay for a year, but make them sign a one year lease anyway. The landlord then uses the broken agreement as an excuse to keep the student’s security deposit. Another common problem for visiting students is landlords who don’t return security deposits. Some landlords take advantage of the fact that the student will be returning to another country and unable to file for dispute resolution for a return of their security deposit.