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Difference between revisions of "Moving In and Moving Out in Residential Tenancies (19:III)"
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Moving In and Moving Out in Residential Tenancies (19:III) (view source)
Revision as of 23:48, 2 August 2023
, 23:48, 2 August 2023no edit summary
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 2, 2023}} | ||
{{LSLAP Manual TOC|expanded = landlord}} | {{LSLAP Manual TOC|expanded = landlord}} | ||
== '''A. Condition | == '''A. Condition: Move In''' == | ||
The landlord and tenant together must inspect the condition of the rental unit on the day the tenant is entitled to possession of the rental unit or on another mutually agreed day (RTA, s 23 (1)), and once more on a mutually agreed day when the tenant moves out | The landlord and tenant together must inspect the condition of the rental unit on the day the tenant is entitled to possession of the rental unit or on another mutually agreed day (RTA, s 23 (1)), and once more on a mutually agreed day when the tenant moves out. Landlords can use their own forms as long as they contain all the information required in s 20 of the ''RTR''. | ||
:'''NOTE:''' RTA s 23, Condition Inspection Report: Start of Tenancy, and RTA s 24: consequences if report requirements are not met, do not apply to a landlord or tenant in respect of a tenancy that started before January 1, 2004. | :'''NOTE:''' RTA s 23, Condition Inspection Report: Start of Tenancy, and RTA s 24: consequences if report requirements are not met, do not apply to a landlord or tenant in respect of a tenancy that started before January 1, 2004. | ||
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=== 1. Landlord === | === 1. Landlord === | ||
The landlord must conduct | The landlord must conduct, complete and sign the report even if the tenant refuses to participate. The right of a landlord to claim against a security or pet damage deposit for damage to the residential property is extinguished if the landlord does any of the following acts or omissions contained in RTA ss. 23 and 24(2): | ||
*fails to offer the tenant at least two opportunities for the inspection; | *fails to offer the tenant at least two opportunities for the inspection; | ||
*does not participate in the inspection; or | *does not participate in the inspection; or | ||
*does not complete the condition inspection report and give the tenant a copy of it | *does not complete the condition inspection report and give the tenant a copy of it within seven days after the condition inspection is completed. | ||
=== 2. Tenant === | === 2. Tenant === | ||
The right of a tenant to the return of a security deposit or a pet damage deposit, or both, is extinguished if the landlord has complied with s 23(3), given two opportunities for inspection, and the tenant has not participated | The right of a tenant to the return of a security deposit or a pet damage deposit, or both, is extinguished if the landlord has complied with s 23(3), given two opportunities for inspection, and the tenant has not participated in either occasion. | ||
== '''B. Condition: Moving Out''' == | == '''B. Condition: Moving Out''' == | ||
The landlord and tenant together must inspect the condition of the rental unit before a new tenant begins to occupy the rental unit on or after the day the tenant ceases to occupy the rental unit, or on another mutually agreed day (RTA, s 35(1)) | The landlord and tenant together must inspect the condition of the rental unit before a new tenant begins to occupy the rental unit on or after the day the tenant ceases to occupy the rental unit, or on another mutually agreed day (RTA, s 35(1)). | ||
=== 1. Landlord === | === 1. Landlord === | ||
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*participate in move-out condition inspection; | *participate in move-out condition inspection; | ||
*leave the unit clean; | *leave the unit clean; | ||
*repair damage caused (above normal wear and tear), including damage caused by guests or pets above normal wear and tear levels; and | *repair damage caused (above normal wear and tear), including damage caused by guests or pets above normal wear and tear levels; | ||
*return all the keys and other means of access: and | |||
*remove all possessions from the rental unit and the residential property. | *remove all possessions from the rental unit and the residential property. | ||
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:'''NOTE:''' A landlord cannot evict a tenant except for cause during the term of a fixed-term tenancy. A landlord may not give notice before the end of the fixed term even if the property is sold or the landlord’s family wishes to move into the rental unit. | :'''NOTE:''' A landlord cannot evict a tenant except for cause during the term of a fixed-term tenancy. A landlord may not give notice before the end of the fixed term even if the property is sold or the landlord’s family wishes to move into the rental unit. | ||
:'''NOTE:''' Effective July 11, 2022, there are now compensation requirements in place that could result in a landlord being ordered to compensate a tenant 12 times the monthly rent if they include a vacate clause in a fixed-term tenancy agreement in accordance with Section 13.1 of the Residential Tenancy Regulation, and they or their close family member do not occupy the rental unit for at least 6 months at the end of the fixed term. See Policy Guideline 50 for more information. | |||
{{LSLAP Manual Navbox|type=chapters15-22}} | {{LSLAP Manual Navbox|type=chapters15-22}} | ||