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{{Dial-A-Law TOC|expanded = housing}} | {{Dial-A-Law TOC|expanded = housing}} | ||
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 Residential Tenancy | |||
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 Residential Tenancy Branch—called the Branch in this script. This BC government agency administers the Residential Tenancy Act, (called the Act—it’s the main law in this area) and the 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. | |||
==What are tenants responsible for?== | ==What are tenants responsible for?== | ||
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==Written tenancy agreements== | ==Written tenancy agreements== | ||
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 | 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 sample tenancy agreement. | ||
==Security deposits and pet damage deposits== | ==Security deposits and pet damage deposits== | ||
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. | 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. | ||
Landlords can also require a pet damage deposit of another half-month’s | 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. | ||
Landlords must pay interest on security and pet damage deposits when returning the deposits to the | 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. | ||
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: | 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: | ||
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*Ask the tenant to agree in writing to any deductions the landlord wants to keep and then return the rest of the deposits. | *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. | *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 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. | ||
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. | |||
==Fees: both refundable and non-refundable== | ==Fees: both refundable and non-refundable== | ||
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==Rent increases== | ==Rent increases== | ||
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. | 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== | |||
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 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 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. | |||
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. | |||
==Tenant’s right to sublet== | |||
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== | ==Tenant’s right to quiet enjoyment and privacy== | ||
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==Dispute resolution== | ==Dispute resolution== | ||
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 | 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 website 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 online or at a Branch office | Apply for dispute resolution online or at a Branch office, unless there isn’t one near you. Then, apply at a Service BC office. There’s a non-refundable application fee and the total fee depends on the application. You can ask the Branch to 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. | ||
A group of tenants with the same problem with the same landlord can apply as a group. | A group of tenants with the same problem with the same landlord can apply as a group. | ||
Landlords and tenants can | Landlords and tenants can ask the Branch to review, clarify or correct a the decision—but only if one or more of the following cases apply: | ||
*they couldn’t attend the hearing due to circumstances they couldn’t foresee or control. | *they couldn’t attend the hearing due to circumstances they couldn’t foresee or control. | ||
*they have new evidence not available at the time of the hearing (meaning it did not exist). | *they have new evidence not available at the time of the hearing (meaning it did not exist). | ||
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==More information== | ==More information== | ||
*The BC 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 TRAC Tenant Resource and Advisory Centre has the 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. | |||
*The | *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. | ||
*The | *The Guide for Manufactured Home Park Landlords & Tenants in BC from the BC Residential Tenancy Branch. | ||
* | |||
[updated | [updated November 2016] | ||
'''The above was last reviewed for legal accuracy by Anna Kurt and edited by John Blois.''' | |||
{{REVIEWED | reviewer = Daniel Sorensen and Anna Kurt}} | {{REVIEWED | reviewer = Daniel Sorensen and Anna Kurt}} | ||
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