Difference between revisions of "Preparing to Rent"

Section 4 of the ''RTA'' lists the types of living situations not covered by the ''RTA'':

* housing that falls under the ''Community Care and Assisted Living Act'', ''Continuing Care Act'', or ''Hospital Act''; and  

* accommodation, if designated under the ''Mental Health Act'', in a Provincial mental health facility, an observation unit, or a psychiatric unit.

If the ''RTA'' does not cover your living situation, you will not be able to apply for dispute resolution through the RTB. Instead, you may need to use Small Claims Court, the Civil Resolution Tribunal, or BC Supreme Court.

'''Occupants / Roommates:''' There is another living situation that may not be covered by the ''RTA'', but is also not mentioned in section 4. If you rent from a tenant with whom you live, you may not be protected. This type of setup is common in shared houses where a “head-tenant” rents out a room to a roommate. Unless the landlord agrees to add the new roommate as a “tenant”, that person will most likely be considered an “occupant/roommate” and not be covered under the ''RTA''. See RTB Policy Guideline 19 for more information.

'''Manufactured (Mobile) Homes:''' Manufactured Home Park Tenancies, also known as mobile home tenancies, ''may or may not be covered by the RTA''. If you own a mobile home and rent the land it sits on, your tenancy falls under the ''Manufactured Home Park Tenancy Act, SBC 2002, c 77'' (''MHPTA''). However, if you rent a mobile home within a manufactured home park, your tenancy falls under the ''RTA''. As long as you are covered by either the ''RTA'' or ''MHPTA'', you can access the RTB’s resources, including dispute resolution.

'''Hotels and Single Room Occupancies (SROs):''' Hotels are covered by the ''RTA'', if a tenancy has been established and the property is the tenant’s primary and permanent home. You have probably heard of a specific type of hotel known as a Single Room Occupancy Hotel, or “SRO”. These are commonly found in Vancouver’s Downtown Eastside and provide short-term or long-term housing to low income tenants. Like standard hotels, SROs are covered under the ''RTA'', if there is a tenancy agreement in place and the property is the tenant’s primary and permanent home. See RTB Policy Guideline 27 for more information.

When a City discovers an illegal suite, they may decide to shut it down. If this is the case, you will be given a One Month Eviction Notice for Cause under section 47(1)(k) of the ''RTA'' and your landlord will most likely not be responsible for paying any of your moving expenses.

'''Rentals on “Lands Reserved for Indians”:''' If you are renting a home on “lands reserved for Indians” (Reserve Lands) as defined by section 91(24) of the ''Constitution Act'', the ''RTA'' may partially apply. Any disputes over use and possession of Reserve Lands, such as eviction, fall under the authority of the Federal Government – not the provincial RTB. However, the ''RTA'' may apply to a situation involving a monetary claim, such as the return of a security deposit, but only if the landlord is not an Indian or Indian Band, as defined by the ''Indian Act''. See RTB Policy Guideline 27 for more information.

'''Strata Buildings (Condos or Townhomes):''' In strata buildings, owners own individual units but share ownership of the common space. When you rent a strata property from an owner, you are covered by both the ''RTA'' and ''Strata Property Act, SBC 1998, c 43'' (''SPA''). All strata buildings have a set of bylaws and rules that owners and tenants must follow. When entering into a tenancy, your landlord should have you sign a “Form K”, which indicates that you have been notified of the current bylaws and rules. Even though you are not an owner, you may still be subject to fines or fees. For example, you might have to pay fees when moving in and moving out according to section 7(f) of the ''Residential Tenancy Regulation'', or you may have to pay fines levied by the strata corporation if you disturb neighbours or damage property according to section 131 of the ''SPA''.  

A strata corporation can also try to evict a tenant under section 138 of the SPA by serving a One Month Notice for Cause under section 47 of the ''RTA''. However, even though this ection exists in the ''SPA'', the RTB has been known to deny jurisdiction in such cases at dispute resolution, claiming that a strata corporation does not fit the definition of “landlord” in section 1 of the ''RTA''. This is a grey area of the law where the ''SPA'' and ''RTA'' somewhat contradict each other. If you receive an eviction notice from a strata corporation, the safest action is to not ignore it. Instead, apply for dispute resolution and allow an arbitrator to rule on the matter.  

** Shelter Aid for Elderly Renters (SAFER) – cash assistance for eligible BC residents who are age 60 or over and pay rent for their homes.  

** Rental Assistance Program (RAP) – cash assistance for eligible low-income working families to help with monthly rent payments in the private market.

'''Verbal Tenancies:''' Although section 13 of the ''RTA'' requires landlords to prepare tenancy agreements in writing, section 1 of the ''RTA'' also says that a tenancy agreement can be “oral, express or implied”. This means that you do not have to sign a written agreement to establish a tenancy. Despite the fact that verbal tenancies are covered by the ''RTA'', it is still always best to have a written agreement with your landlord.

It is important to understand the difference between the terms “owner”, “landlord”, and “agent”. All tenancies under the ''[[Residential Tenancy Act]] (RTA)'' have an owner who is automatically considered a landlord. In addition, some tenancies will include agents acting as secondary landlords on behalf of the owner. For example, if you rent a unit in a large apartment building, there is a good chance the owner will hire a property management company to manage the building. In this situation, the owner and the property management company, acting as the owner’s agent, are considered your landlords. This means that if you have any problems during your tenancy, you can list both of them on an application for dispute resolution. See section 1 of the ''RTA'' for more information.

*[http://canlii.ca/t/843q ''BC Human Rights Code'']