Difference between revisions of "Know Your Rights (Legal Information for Indigenous People)"

'''Do not sign anything until you get legal advice.'''

Each Band has jurisdiction to create and administer its own housing bylaws. Bylaws can lay out the terms of rental agreements, including the rights and responsibilities of the Tenants and of the Landlord (the Band). Housing policies often cover the responsibilities for repairs or damages, the process for evictions and the Tenant’s procedures to dispute a Band housing decision. If you have an issue with your rental, you can get a copy of the Housing policies from the Band Office and talk to the Housing Manager. If that does not resolve your issue, follow your Band’s dispute processes: for example, you could speak with the Band Manager, Housing Committee and then Chief and Council. For problems you still cannot resolve, call a legal advocate or lawyer.

Learn about the '''''Family Homes on Reserve and Matrimonial Interests or Rights Act'''''. If you are married or common-law and your partner passes away, you have the right to stay in the family home for 180 days (at least), even if you are renting and/or not a Band member.

When renting a house from an individual Band member who owns the home, it is difficult to assert any rights as a tenant or as the landlord. The Band Housing policies only cover housing rented from the Band. Non-Band (private) landlords and tenants are often left to “work it out.” Contact a legal advocate for help.

'''Rights as a Tenant Off Reserve''' are governed by the ''Residential Tenancy Act'' (RTA). The best resource to understand your rental rights and responsibilities is the TRAC booklet [https://wiki.clicklaw.bc.ca/index.php/Tenant_Survival_Guide Tenant Survival Guide].