Difference between revisions of "Preparing to Rent"

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{{DEMOWARNING}}
{{DEMOWARNING}}
{{Tenant Survival Guide TOC}}
{{Tenant Survival Guide TOC}}
 
''Do'' trust your instincts—if your first meeting with a potential landlord is not good, it’s likely you’ll have problems with that person and should not rent from them. ''Don’t'' sign an agreement or pay a deposit unless you are absolutely sure you want to move in to the place.
 
'''Do''' <span class="noglossary">trust</span> your instincts—if your first meeting with a potential landlord is not good, it’s likely you’ll have problems with that person and should not rent from them. '''Don’t''' sign an agreement or pay a deposit unless you are absolutely sure you want to move in to the place.
 
 


==The law in BC==
==The law in BC==
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A dispute resolution hearing is like a landlord-tenant "court". You and your landlord explain your problem to a dispute resolution officer, who is hired by the BC government. The dispute resolution officer decides what to do about the problem, based on your evidence and what the law says. The dispute resolution officer’s decision is legally binding. For more information on dispute resolution hearings, see the section [[Dispute Resolution for Tenants|Dispute Resolution]].
A dispute resolution hearing is like a landlord-tenant "court". You and your landlord explain your problem to a dispute resolution officer, who is hired by the BC government. The dispute resolution officer decides what to do about the problem, based on your evidence and what the law says. The dispute resolution officer’s decision is legally binding. For more information on dispute resolution hearings, see the section [[Dispute Resolution for Tenants|Dispute Resolution]].


==Are you covered by the law?==
==Are you covered by the law?==
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'''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.
'''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:===
===The ''Residential Tenancy Act'' does not apply===


*Living accomodation where the tenant shares kitchen or bathroom facilities with the ''owner'' of the accomodation.
The ''Residential Tenancy Act'' does not apply to:
*people living in accommodations owned or operated by educational institutions if the institution provides the accommodation to its students or employees;
*living accomodation where the tenant shares kitchen or bathroom facilities with the ''owner'' of the accommodation,
*people living in accommodations owned or operated by educational institutions if the institution provides the accommodation to its students or employees,
*if you live in a housing co-op and are a member of the co-op;
*if you live in a housing co-op and are a member of the co-op;
*commercial tenancies;
*commercial tenancies,
*vacation or travel accommodation;
*vacation or travel accommodation,
*people in jail;
*people in jail,
*living accommodation rented under an agreement with a term of 20 years or more;
*living accommodation rented under an agreement with a term of 20 years or more, or
*people living in care facilities that fall under the ''[http://canlii.ca/en/bc/laws/stat/sbc-2002-c-75/latest/sbc-2002-c-75.html Community Care and Assisted Living Act]'', the ''[http://canlii.ca/en/bc/laws/stat/rsbc-1996-c-70/latest/rsbc-1996-c-70.html?searchUrlHash=AAAAAQATY29udGludWluZyBjYXJlIGFjdAAAAAAB Continuing Care Act]'', the ''[http://canlii.ca/en/bc/laws/stat/rsbc-1996-c-200/latest/rsbc-1996-c-200.html?searchUrlHash=AAAAAQAMaG9zcGl0YWwgYWN0AAAAAAE Hospital Act]'', or the ''[http://canlii.ca/en/bc/laws/stat/rsbc-1996-c-288/latest/rsbc-1996-c-288.html?searchUrlHash=AAAAAQARbWVudGFsIGhlYWx0aCBhY3QAAAAAAQ Mental Health Act]''.
*people living in care facilities that fall under the ''[http://canlii.ca/en/bc/laws/stat/sbc-2002-c-75/latest/sbc-2002-c-75.html Community Care and Assisted Living Act]'', the ''[http://canlii.ca/en/bc/laws/stat/rsbc-1996-c-70/latest/rsbc-1996-c-70.html?searchUrlHash=AAAAAQATY29udGludWluZyBjYXJlIGFjdAAAAAAB Continuing Care Act]'', the ''[http://canlii.ca/en/bc/laws/stat/rsbc-1996-c-200/latest/rsbc-1996-c-200.html?searchUrlHash=AAAAAQAMaG9zcGl0YWwgYWN0AAAAAAE Hospital Act]'', or the ''[http://canlii.ca/en/bc/laws/stat/rsbc-1996-c-288/latest/rsbc-1996-c-288.html?searchUrlHash=AAAAAQARbWVudGFsIGhlYWx0aCBhY3QAAAAAAQ Mental Health Act]''.


There are other situations when the Act does not apply.
There are other situations when the Act does not apply.
''See Section 4 of the [[Residential Tenancy Act|RTA]].''
''See section 4 of the [[Residential Tenancy Act|RTA]].''


==What a landlord can ask==


==What a landlord can ask==
According to "Privacy Guidelines For Landlords and Tenants" released by the Office of the Information & Privacy Commissioner for British Columbia:
*a landlord should not require that a tenant provide their Social Insurance Number on tenancy application forms or rental agreements,
*a landlord should not demand a tenant’s banking information,
*a landlord cannot request a tenant’s credit card information as a condition of renting a property, and
*requiring a criminal records check is not reasonably necessary.


According to "Privacy Guidelines For Landlords and Tenants" released by the Office of the Information & Privacy Commissioner
A landlord may ask to examine a person’s driver’s licence in order to verify the person’s identity. However, the landlord must not write down or photocopy this personal information.
for British Columbia:
*landlords should not require that tenants provide their Social Insurance Number on either tenancy application forms or rental agreements;
*a landlord should not demand a tenant’s banking information;
*a landlord cannot request a tenant’s credit card information as a condition of renting a property;
*requiring a criminal records check is not reasonably necessary; and
*a landlord may ask to examine a person’s driver’s licence in order to verify the person’s identity. However, the landlord must not write down or photocopy this personal information.


If a landlord refuses to rent to you because you didn’t provide this personal information, you have the right to report the landlord to the Office of the Information & Privacy Commissioner for British Columbia. To read the full privacy guidelines, see the following link [http://www.tenants.bc.ca/main/?privacy www.tenants.bc.ca/main/?privacy].
If a landlord refuses to rent to you because you didn’t provide personal information that a landlord should not require, you have the right to report the landlord to the Office of the Information & Privacy Commissioner for British Columbia. To read the full privacy guidelines, see [http://www.tenants.bc.ca/main/?privacy www.tenants.bc.ca/main/?privacy].


===Discrimination===
===Discrimination===
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''There are two exceptions:''
''There are two exceptions:''


'''Shared accommodation''': The law does not always apply when cooking, sleeping or bathroom facilities are shared. For example, if a woman wants to rent a room in her house only to another woman, she may be allowed to discriminate in this way.
*'''Shared accommodation''': The law does not always apply when cooking, sleeping or bathroom facilities are shared. For example, if a woman wants to rent a room in her house only to another woman, she may be allowed to discriminate in this way.
* '''Adults only''': A landlord cannot refuse to rent to you because you have children, unless the building is reserved for people over 55 years old. It’s illegal for a landlord to advertise “adult only” or to write “adult only” in a tenancy agreement, unless the building is for tenants over 55 years old.


'''Adults only''': A landlord cannot refuse to rent to you because you have children, unless the building is reserved for people over 55 years old. It’s illegal for a landlord to advertise “adult only” or to write “adult only” in a tenancy agreement, unless the building is for tenants over 55 years old.
==Application fees==


==Application fees==
A potential landlord cannot ask you to pay a fee to simply apply to rent a place. If you pay an application fee and the landlord will not give it back to you, you can apply for dispute resolution to have it returned. At a dispute resolution hearing you can remind the dispute resolution officer that the application fee was collected from you illegally and should be returned. Of course you need to know the
A potential landlord cannot ask you to pay a fee to simply apply to rent a place. If you pay an application fee and the landlord will not give it back to you, you can apply for dispute resolution to have it returned. At a dispute resolution hearing you can remind the dispute resolution officer that the application fee was collected from you illegally and should be returned. Of course you need to know the
landlord’s proper legal name and address and have proof that you paid the fee. Many potential tenants pay these fees in cash and do not know to whom they are paying the fees. Therefore, it is best to not pay an application fee and not rent from someone who asks for it. Take it as an indication of problems to come. (See also page 17 for application deposits.) ''See Section 15 of the [[Residential Tenancy Act|RTA]].''
landlord’s proper legal name and address and have proof that you paid the fee. Many potential tenants pay these fees in cash and do not know to whom they are paying the fees. Therefore, it is best to not pay an application fee and not rent from someone who asks for it. Take it as an indication of problems to come. (See also the section on [[Making Your Tenancy Agreement#Deposits and paying rent|Deposits and paying rent]].) ''See section 15 of the [[Residential Tenancy Act|RTA]].''


==Information for visiting students==


==Information for visiting students==
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.
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.


===If you are renting during your extended stay in British Columbia:===
===If you are renting during your extended stay===
If you are renting during your extended stay in British Columbia:
*Do not sign a lease that states how long you must stay unless you intend to stay for that period of time.
*Do not sign a lease that states how long you must stay unless you intend to stay for that period of time.
*Make sure you have a written tenancy agreement with the owner or manager of the property.
*Make sure you have a written tenancy agreement with the owner or manager of the property.
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Remember that you are entering into a contract—a business deal with a landlord. It is important to make sure everything about the deal is clear from the beginning so that there is little chance of an argument or dispute later.
Remember that you are entering into a contract—a business deal with a landlord. It is important to make sure everything about the deal is clear from the beginning so that there is little chance of an argument or dispute later.
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== Legislation and links ==
== Legislation and links ==
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*[[Residential Tenancy Branch]]
*[[Residential Tenancy Branch]]
*[http://www.oipc.bc.ca/tools-guidance/guidance-documents.aspx Office of the Information and Privacy Commisioner- Privacy Guidelines for Landlords and Tenants]
*[http://www.oipc.bc.ca/tools-guidance/guidance-documents.aspx Office of the Information and Privacy Commisioner-Privacy Guidelines for Landlords and Tenants]
 
 


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