The Residential Tenancy Act defines the laws and regulations to support and protect the rights of both landlords and tenants. It also ensures that all tenancy business is conducted properly and fairly. The act applies to:

• Tenancy agreements
• Rental units
• Residential properties

The act does NOT apply to:

• Co-op's
• Commercial tenancies
• Emergency and transitional housing
• Accommodation owned or operated by an educational institution
• Accommodation where the tenant shares bathroom or kitchen facilities with the owner
• Vacation or travel accommodation
• Correctional institutions
• Community care/continuing care facilities
• Assisted living facilities
• Public or private hospitals

Note: The Residential Tenancy Act referred here is only applicable in British Columbia.

The Residential Tenancy Agreement is a legally binding document that outlines the terms and conditions under which the tenancy is established. A landlord must provide a tenancy agreement for every tenancy. Even if the landlord fails to provide a tenancy agreement, the standard terms of a tenancy still apply. A tenancy agreement includes guidelines for situations such as rental increases, landlord access, repairs and subletting. The residential tenancy agreement includes guidelines such as:

• Whether the agreement is on month-to-month basis or a fixed term tenancy,
• How much the rent is, what's included in the rent and when the rent is due,
• How much are security and pet deposits,
• Guidelines on tenants' and landlords' obligations.

Additional terms to the tenancy agreement can also be added by the landlord as long as they do not contradict the Residential Tenancy Act. Furthermore, an additional term can not be enforced if it is too vague or grossly unfair for either the tenant or landlord.

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There are 2 types of tenancy agreements that a landlord and a tenant can have. These are month to month and fixed term tenancies. Below are some of the differences between the two:

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A security deposit (damage deposit), is money that the landlord collects at the start of the tenancy and holds on to until the end of the tenancy. A security deposit must not exceed more than half your month's rent and it must be paid to the landlord within 30 days of the date your landlord requires it.

The security deposit is a way to secure the tenancy for you and your landlord. If you pay a security deposit and decide against the tenancy, your landlord may be allowed to keep the deposit. The security deposit may also be used to cover any damage that you or your guests may cause when you move out of the property.

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Similar to a security deposit, the pet damage (security) deposit is meant to cover any damage caused by your pets. The maximum that a landlord can request for a pet deposit cannot exceed half your month's rent. This amount remains the same regardless of the amount of pets you have. The pet damage deposit can be paid at the beginning of a tenancy or at the time that you bring a pet into the rental space.

Note: A pet damage deposit cannot be requested for a Guide dog.

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When a security deposit has been paid, neither the landlord nor the tenant can change their mind as a tenancy agreement has been made.

This means that:

• The landlord cannot prevent the tenant from moving.
• The tenant is responsible for all obligations agreed upon in the tenancy agreement even if they decide not to move in.
• The landlord cannot decide to rent to someone else.
• You cannot decide to move in somewhere else.

Obligations can include paying rent, repairing damages, etc., until the tenancy has properly ended.

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Here are some questions that you might find helpful to ask before you start a tenancy:

• What services are included in my rent?
• When will the landlord be available to complete my walk through?
• When can I expect a copy of the signed tenancy agreement?
• Who do I contact for repairs?
• When can I request rent receipts?

Note: If possible, avoid paying your rent in cash, as it might be difficult to prove you paid rent in the future.

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Both the tenant and landlord are responsible for complying with the BC Rental Laws. Some of these responsibilities are:

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The landlord is responsible for repairing any damage due to wear and tear as well as maintaining the unit such that it complies with health and safety standards. Tenants on the other hand, are responsible for repairing damage caused by occupants or pets and maintaining a reasonably clean unit.

Note: Reasonable wear and tear refers to damages caused over time or by regular use of the object and does not include damages caused intentionally or through neglect by the tenant.

Emergency Repairs

Emergency repairs are required for problems such as major leaks in pipes/roof, damaged plumbing, malfunctioning heating or electrical systems and defective locks. At the start of the tenancy, the landlord should provide the tenant with an emergency contact which the tenant can call for emergency repairs.

If the tenant attempts to contact the emergency contact twice with a reasonable amount of time in between but failed to reach them both times, the tenant can decide to do the repairs themselves. If the damage wasn't originally caused by the tenant, their pet or their guest then landlord must reimburse the tenant for the repair costs after receiving the relevant receipts and a written summary of the repairs.

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Tenants are individuals who occupy a property owned by someone else. A tenant is responsible for meeting all conditions on a tenancy agreement.

Co-tenants are two or more tenants who rent the same property under the same tenancy agreement. Co-tenants are jointly responsible for meeting the terms of the tenancy agreement. Co-tenants also have equal rights under the tenancy agreement. When having co-tenants, the landlord can choose to have separate lease’s or the tenants on the same lease.

Co-tenants are jointly and separately liable for any debts or damages relating to the tenancy. This means the landlord can recover the full amount of rent, utilities or any damages from all or any one of the tenants. The responsibility falls on the tenants to divide the amount owing to the landlord among themselves.

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The landlord is able to access any common areas as outlined by the tenancy agreement without giving prior notice. However, a landlord is more restricted when accessing a tenant's rental unit.

The landlord may only enter a tenant's rental unit for a monthly inspection, to complete repairs or maintenance and to show the property to potential buyers or tenants. In each of these cases, the landlord must provide the tenant with the appropriate notice.

There are special circumstances where a landlord can enter the rental unit without providing the tenant with a notice. Some of these special circumstances are:

• An emergency where access to the unit is required
• The tenant having abandoned the unit
• An arbitrator's order or a court order has been issued.

In the case that a tenant believes their landlord has unlawfully accessed their unit, the tenant can apply for a dispute resolution to change the locks and keep the only set of keys until they move out.

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A rent increase can happen only once every 12 months and only by the amount allowed by law. This applies to the last rent increase or the start of the tenancy even if there is a new landlord or an assigned tenancy has occurred. The tenant must also be given at least 3 months notice before increasing the rent.

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If your landlord doesn't provide rent receipts, you may want to use another form of payment (e.g. cheque or electronic money transfer) to pay your rent. This way you have proof of payment. Landlords are legally required to provide receipts for rent paid in cash and this proves that the rent was paid. In reality, some landlords do not provide receipts and may insist on you paying your rent in cash.

If you find yourself in this situation, a good idea is to withdraw the exact rent amount from your bank account as close as possible to the rent due date. This will show a debit withdrawal of the exact rent amount on your account. It also may be beneficial to have a friend or someone to witness the cash rent payment transaction.

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The tenant should call the police to make a formal complaint of harassment. If the harassment continues the original complaint can be used as evidence to support a claim for loss of quiet enjoyment when filing a tenancy dispute.

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If your roommate doesn't pay his/her portion of the rent, your landlord is within their right to issue you a 10-day notice for non-payment of rent even if you paid your portion of the rent. This will not affect you if you and your roommate have signed separate tenancy agreements with the landlord.

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It depends on the reason for the eviction. The Ministry does not provide assistance with moving costs if you received an "at fault" eviction (i.e. unpaid rent, damaged property, etc.). If you are on Ministry assistance, you may be eligible to apply for a moving supplement. In order to quality you must show you have no other resources available and in most cases you must have pre-approval from the Ministry (unless you have exceptional circumstances to justify not getting pre-approval, i.e. fleeing abuse). Some examples of reasons the supplement may be provided include:

• You are moving to a place where you pay substantially less rent
• Your has been sold, is being demolished or is condemned and notice to vacate has been given
• You are facing an imminent threat to the physical safety of anyone in your family unit
• The Ministry may also assist a person to move anywhere in Canada if a person has confirmed employment or to another province if the move is to a permanent, supportive, positive environment that is not available in this province

A Condition Inspection Report is a form filled out where the landlord and tenant will walk through the rental unit noting any damages such as scratches and stains.

At the end of the inspection, both parties will then sign the document. It is used to protect both the tenant and the landlord as there will then be proof of any damages when moving in so that there will be no problems or dispute of said damages when moving out.

The Condition Inspection Report can be found here.

Moving out without the knowledge of your landlord and a “Mutual Agreement to End Tenancy” can be considered abandonment of the unit. This can result in the landlord filing a dispute resolution to recover unpaid rent, utilities and other expenses.

They will also be able to retain/dispose of your belongings (with some exceptions for more expensive items).

You can find more information on the RTB policies involving items left behind here.

Subletting the rental without consent from your landlord can result in eviction of both you and the subletter.

You can find more information on subletting and assignment here.

If you receive an eviction notice, it is very important that you read the entire notice as it will provide the you with important information on what to do next.

Eviction notices are time sensitive, so if you don’t understand something on the notice, seek immediate assistance. You can contact the Residential Tenancy Branch and request to speak with an information officer.

If you disagree with the eviction and want to dispute it, you will need to file a tenancy dispute application with the Residential Tenancy Branch within the timeline outlined on the notice.

After the notice has been filed, the tenant will be issued a notice of hearing package, which will tell you the date, time and access code to attend your hearing. Tenancy dispute hearings are done via teleconference. If you do not have a working phone, you will need to make arrangements to access the hearing from another phone on your hearing date.

A 10 day notice can be issued for late rent or 30 days late on utilities after written notice is given. Utilities can only be included on the notice if the tenancy agreement requires the tenant to pay these charges to the landlord. It is cancelled if the tenant pays all the rent and utilities owing within 5 days of receiving the notice. The tenant also has 5 days to dispute the notice through the Residential Tenancy Branch.

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A 1 month notice can be issued when the tenant:

• Has been at least late 3 times paying rent
• Broke a material term and has not complied after notice was given
• Knowingly gave false information to a potential buyer or renter
• Assigned or sublet the unit without the landlord's permission
• Hasn't paid the pet or security deposit as outlined in the tenancy agreement within 30 days of signing

A 1 month notice can also be issued if the tenant or guest has:

• Significantly damaged the landlord's property
• Caused an unreasonable amount of disturbance to other occupants
• Engaged in illegal activity affecting others

The tenant can dispute this notice within 10 days of receiving it.

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A 2 month notice can be issued when the landlord:

• Plans to move in or have immediate family members move in
• Sell the property to a new owner
• Landlord plans to use the property in good faith
• Is providing subsidized housing and the tenant no longer qualifies

The tenant has 15 days to dispute this notice.

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A 4 month notice can be issued if the landlord plans to do major construction to the rental unit that requires it to be empty. 

Major construction includes:

• Demolishing the rental unit
• Converting the unit to a strata unit, non-for-profit housing or a caretaker’s unit
• Converting the unit into a non-residential unit

Extensive Renovations or Repairs:

• If a landlord wants to end tenancy for extensive renovations or repairs they need to apply for an Order of Possession from the Residential Tenancy Branch directly. 

This notice must be given at least 4 months before its effective date and before the rent is due. The tenant must dispute the notice within 30 calendar days.

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If the tenant would like to move back into their rental unit once the renovations are complete, they must give their landlord a Exercising Right of First Refusal form prior to moving out.

Note: The Right of First Refusal form is only applicable to a rental unit in residential property containing 5 or more rental units.

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If a tenant has exercised their right of first refusal, the landlord must issue a 45 Day Notice of Availability. This notice is to inform the tenant that the unit will be available for the next 45 days. If the tenant still chooses not to enter a new tenancy agreement, then the landlord may select another tenant.

Note: The 45 Day Notice of Availability form is only applicable to a rental unit in residential property containing 5 or more rental units.

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During a tenancy, all notices served between a tenant and their landlord should be on paper. When serving a notice, the server should retain a copy and should ensure that they are using the correct legal form. There are certain rules concerning when a notice is received depending on the method used to deliver it. The most common and approved methods are:

Note:

• Other than being considered received on the same day, do not count they day the notice was "sent" (e.g. If a copy is attached to the tenant's door on April 2, it is considered received on April 5).
• Sliding a copy under the door, using email or text messages are not approved methods of serving notices.

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Month-to-Month Tenancies: The tenant can end the tenancy at any time as long as they give the landlord at least 1 month's notice. The notice must be given before the rent's due date. The tenant can move out before the end of their tenancy occurs, but they will still have to pay the rent for the whole month. Once the tenant hands in their written notice, they cannot cancel it without the landlord's written permission.

Fixed Term Tenancies: The tenant cannot end the tenancy earlier than the fixed date (without mutual agreement or special circumstances). Some fixed term agreements have a term that states that the tenant must move out at the end of the tenancy unless they sign another tenancy agreement.

Tenants may end their tenancies early if they are fleeing abuse from family violence or entering long term care. To do this, the tenant must give the landlord a one month's notice and the Ending Fixed-Term Tenancy Confirmation Statement form.

Tenancy agreements without a move out clause will automatically become month to month tenancies after the fixed term is over. Ending this type of tenancy has the same rules as ending a month to month tenancy with the earliest move out date being the end of the fixed term.

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The dispute resolution is conducted through the RTB in order to resolve disputes between landlords and tenants. Both tenants and landlords can apply for dispute resolution. However, before resorting to this process, both parties should try to discuss the topic themselves and the dissatisfied party should give a written notice asking the other party to solve the problem. The dispute resolution should only be used as a last resort.

Common reasons for people to use this process include:

• Eviction notices
• Additional rent increases
• Maintenance and repairs of rental unit
• Acquiring compensation from the other party
• Acquiring an Order of Possession for when the tenant refuses to move out

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The cost to file a dispute resolution is $100. If you are low income or have extraordinary expenses, you can request this fee to be waived. The fee waiver form must be submitted at the time of application, at any Service BC office or at the Residential Tenancy Branch's office.

A tenant should move out by 1 pm of the date agreed upon unless the tenant and landlord agree otherwise in writing. Before moving, the tenant should return all keys and ensure that the rental unit is clean, even if it wasn't clean at the beginning of the tenancy. After the rental unit is empty, a move-out condition inspection should also be done and compared to the move-in inspection to determine whether the tenant is responsible for paying for any damages.

The tenant is required to provide the landlord their forwarding address in writing to be used for forwarding a copy of the move-out inspection and security/pet deposits. The landlord may keep the deposits only if the tenant agrees in writing or if an arbitrator orders it. Otherwise, the landlord has 15 days to return the deposits including any interest. After 15 days have passed without receiving the deposits, the tenant can apply for a dispute resolution and the landlord may be ordered to pay up to double the original amount.

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