In BC, the Residential Tenancy Act sets out the rights and obligations of tenants and landlords.

 

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The Residential Tenancy Act does not apply to all renters. If you live in student residence or a home-stay, you are likely not covered by the Act.  If you share a bathroom or kitchen facilities with the owner, you are also probably not covered. Check with the Residential Tenancy Branch to make sure.

 

You should not be refused rental housing on the basis of any characteristic defined by the Human Rights Code such as race, colour, or sexual orientation. If you believe that you have experienced discrimination you can seek advice from the BC Human Rights Coalition via www.bchrcoalition.org. They may advise you to file a complaint with the BC Human Rights Tribunal.

 

It is illegal for a landlord to require prospective tenants to pay an application fee in order to be considered for tenancy.

 

Whether your tenancy agreement is verbal or in writing, it is a legal contract. Any agreements entered into since July 1, 1996 are legally required to be in writing. You do not have to agree to anything illegal. For example, the landlord does not have the right to enter your suite at any time (the law limits when your landlord can come in and with what notice), or to stop you from having guests.

 

BC law makes it quite easy for landlords to withdraw services and facilities included in a tenant’s rent. Therefore, it is very important that the tenant has a written tenancy agreement that states that things such as cablevision or parking are material terms of the tenancy agreement.

 

If you have any questions about your tenancy agreement, call the Residential Tenancy Branch.

 

A landlord can ask you for an amount equal to half of one month’s rent at the time you rent your place as a security deposit to cover the cost of damage or unpaid rent. Landlords can also ask for a pet damage deposit. The pet damage deposit can only be one half of one month’s rent even if a tenant has more than one pet. Landlords can charge an extra deposit for access cards and garage door openers, but not if they are the sole means of entry to the building.

 

If you do not pay the deposit within 30 days of moving in, you can be evicted. If you pay a deposit of more than one half of one month’s rent, you can deduct the difference from your next rent cheque, but be sure to inform your landlord in writing.

 

You are entitled to get your full security deposit back plus interest within 15 days after you move out provided you give proper notice, have given the landlord a forwarding address, are up-to-date with your rent, and have not damaged your place beyond normal wear and tear. The law requires that tenants conduct mandatory move-in and move-out condition inspection reports with their landlords or risk losing their security deposits. Tenants have to participate, but do not have to agree with the landlord’s assessment and the tenant can note on the condition inspection form if he and the landlord disagree about anything.

 

If a landlord keeps a tenant’s security deposit for longer than 15 days after the tenant has moved out and provided a forwarding address, the tenant can claim double the amount of the security deposit.

 

Your rent is due on the first day of the month unless you and the landlord agree on another date. You must pay your rent on time, otherwise the landlord may be able to evict you. If you have to pay cash, get a receipt or have a witness watch you count out the money to your landlord. The law requires the landlord to give a receipt of the rent is paid in cash.

 

The landlord cannot raise the rent more than the percentage prescribed by government (see www.rto.gov.bc.ca for the current rate) and not more often than every 12 months. Notice of the rent increase must be in writing on the ‘Notice of Rent Increase’ form. The law requires the landlord to give you at least three months’ notice before increasing the rent. If the landlord does not use the proper form, write a letter to the landlord explaining that the increase notice is illegal. Keep a copy of the letter for yourself.

 

If you do not reach an agreement with your landlord on the rent increase, you can apply to the Residential Tenancy Branch for a dispute resolution officer to determine a fair rent. Don’t ignore a notice of any kind!

 

Landlords are responsible for maintaining the building and making repairs which are needed to keep your place healthy, safe and ‘suitable for occupation’. This includes plumbing, heating, electrical, and access route repairs as well as maintaining appliances, storage areas and other amenities that are included in the rent. As a tenant, you are expected to keep your home clean (put garbage out, etc.) and to repair damage that you or your guests have caused.

 

Report any needed repairs to your landlord immediately. If the landlord does not respond to your calls, write her a letter explaining what needs to be fixed. 

 

If a service you are paying for is taken away (e.g., laundry, cable vision), you can demand it be returned or ask for a lower rent payment. Do not hold back your rent without an order from an arbitrator. If you do, you run the risk of being served with a notice to end tenancy due to non-payment of rent.

 

Emergency repairs should be reported to your landlord’s

emergency contact person, or if no such person exists, to your landlord or manager. Phone the Residential Tenancy Branch to see what types of repairs are considered to be emergencies. Keep a record of the name of the Information Officer you speak to at the Branch. It is important that you keep detailed records of any emergency repairs and of the information you receive from the Branch.

 

Your landlord must have a good reason to evict you and must give you proper notice. Notice depends on why you are being evicted. If you get an eviction notice because you did not pay the rent, you have five days in which to pay it in full. Otherwise, you must leave within ten days of receiving notice. If you feel you have a good reason to withhold the rent, phone the Residential Tenancy Branch to get their opinion. Keep a record of the name of the Information Officer you speak to.

 

The landlord can evict you with one month of notice for such things as inflicting serious damage to the building, making too much noise, engaging in illegal activities or having too many people in your place. If you do not think the charges are justified, you can fight the eviction notice by applying for dispute resolution within ten days of receiving the notice. 

 

Your landlord must give you two months notice if she plans to change the use of the property (e.g., she or her immediate family plan to move in, or she wants to demolish, renovate or convert the building). She must also give you one month of free rent as compensation. If you plan to fight the eviction or do not receive moving cost compensation, you must apply for dispute resolution within 15 days of receiving the notice.

 

If the property you are renting changes owners during the course of your tenancy, the new owner may request your eviction as a condition of purchase. She may only do so in order to make personal use of the property and must provide you with two months’ notice. A new landlord may not increase your rent upon purchase of the property, except under the guidelines outlined above. If the property you are renting is put up for sale, you should protect yourself by making sure you have written copies of all documents related to your tenancy, including a receipt for your damage deposit and a copy of your rental agreement, clearly identifying all terms and conditions of your tenancy.

 

If you want to move out, you must give one full month of notice (eg, if you want to move out May 1, you must give notice by March 31), no later than the last day before you rent is due. Check the Residential Tenancy Branch website to ensure that you give proper notice. This must be in writing, and include your name, rental unit address, signature, and the date you plan to move. You have until 1 pm on the last day of the month to move out unless you and the landlord agree to some other time. If you do not give proper notice and the landlord does not find another tenant, you may lose your security deposit and may have to pay the rent for the following month.

 

If you have signed a lease with a ‘move-out’ clause (which says you have to move out when the term of the lease ends), you have to move out when it says you do and neither you nor the landlord has to give notice. If there is no ‘move-out’ clause, you can continue to live at your place after the lease end date as a month-to-month tenant

 

If you have a dispute with your landlord that cannot be resolved, you may be able to go to Residential Tenancy dispute resolution. Certain disputes have short application deadlines. Application forms are available on the Residential Tenancy Branch website, at a Residential Tenancy Branch office, or at a BC Access Centre (consult the blue pages of the phone book). The $50 fee may be waived if you have proof that you meet the low income criteria.

 

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. Some landlords rent to visiting students knowing that they will not 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 do not 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: 

• 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. 
• Do not take over a rental from another student who is renting and leaving the country without having your own agreement in writing with the landlord.
• Do not sign any agreements that you do not fully understand. 
• Do the move-in and move-out inspection reports with your landlord. 
• Designate someone who lives in B.C. to act as your agent in dispute resolution in case you need to return to your home country before the landlord has returned your security deposit. Contact the Residential Tenancy Branch to do this. 

 

Protect yourself from the start. Remember that you are entering into a contract—a legal business arrangement—with a landlord. It is important to ensure everything is clear from the beginning so that there is little chance of an argument or dispute later.

 

Multilingual information (written and videos) is available on the Residential Tenancy Branch website www.rto.gov.bc.ca and the TRAC website www.tenants.bc.ca.