Changes to the law - canadarna.com Survival Guide 2004.pdf · • Landlords can now charge an extra deposit for pets, keys, garage door openers, etc. Chapter 2 • Move-in and move-out

Changes to the law The information in the Tenant Survival Guides printed since 2004 is correct except for a few changes to the law which came into effect on October 1, 2006. The changes are:

• Arbitrators will now be called Dispute Resolution Officers (DRO's). A DRO may contact either party to resolve a dispute before going to a hearing. Use of the term “arbitration” should be replaced with the term “dispute resolution” throughout the guide. (Chapter 10 of the Tenant Survival Guide deals with arbitration, which is now called dispute resolution.) Get new forms to apply for dispute resolution from the Residential Tenancy Office Web site at www.rto.gov.bc.ca.

• If you are evicted for landlord use of property, you can now withhold the last month's rent instead of waiting for the landlord to pay it back at the end of the tenancy. (Change to page 52 of the Tenant Survival Guide)

• You must give your landlord written notice and time to correct a breach of a material term of your tenancy agreement before you give notice to end the tenancy. You should call the tenant hotline before ending a tenancy on a material breach. (Change to page 60 of the Tenant Survival Guide)

Tenant Hotline: 604-255-0546, or outside the Lower Mainland 1-800-665-1185 www.tenants.bc.ca

TENANT SURVIVAL

GUIDEyour legal rights

2004

TENANT SURVIVAL

GUIDEyour legal rights

© 2004 Tenants Rights Action Coalition

National Library of Canada Cataloguing in PublicationAnderson, KrisTenant survival guide : your legal rights / Kris Anderson. -- 9thed.

Includes index.ISBN 1-896547-00-11. Landlord and tenant--British Columbia--Popular works.2. British Columbia. Residential Tenancy Act. I. Tenants' RightsAction Coalition (Vancouver, B.C.) II. Title.KEB224.Z82A52 2004 346.71104'34 C2004-900965-6KF590.Z9A52 2004

What this book is aboutDo you belong to the 35 per cent of British Columbiahouseholds who rent? This book tells you about yourrights as a tenant. You can use the information in thisbook to help you have a better relationship with yourlandlord, and make a happier home.

This book is written by the Tenants' Rights ActionCoalition (TRAC). TRAC is a community-based coalition ofgroups and individuals working on behalf of B.C.’s one mil-lion tenants. We came together in 1983 to protest govern-ment weakening of tenants’ rights. Today, we work toimprove legal protection for tenants, and to preserve andexpand B.C.’s affordable rental housing stock.

You can call TRAC’s Tenant Hotline if you need moreinformation about how to deal with problems you are hav-ing with your landlord.

Tenant Hotline:Lower Mainland: (604) 255-0546Outside of Lower Mainland ONLY(toll-free): 1-800-665-1185

www.tenants.bc.ca

02 | www.tenants.bc.ca www.tenants.bc.ca | 03

INTRODUCTION 4

BEFORE RENTING

1. The law in B.C.2. Are you covered by the law?3. What a landlord can ask4. Application fees5. Information for foreign students 6

TENANCY AGREEMENTS

1. Protect yourself2. Terms in the agreement3. Pets4. Leases5. Deposits and rent6. Moving in 12

CONDITION INSPECTION REPORTSMOVING IN AND MOVING OUT

1. Condition reports2. Penalty for not participating3. Setting a time for inspection4. Required information 20

SECURITY DEPOSITS AND ADDITIONAL FEES

1. Security deposits and pet damage deposit2. Extra deposits and non-refundable fees3. Getting your deposit back 27

REPAIRS AND SERVICES1. Landlord and tenant responsibilities2. Getting repairs done and services back3. Emergency repairs 30

RENT INCREASES1. Rules for giving increases2. Above guideline increases3. Extra occupants 38

PRIVACY AND QUIET ENJOYMENT

1. Privacy in your home2. Noise and disturbances3. Locks and access4. Guests 42

EVICTIONS

1. Notice2. Illegal activity3. Non-payment of rent: 10 day notice4. Cause: one month notice5. Change of use: two month notice6. Short notice eviction7. Challenging the eviction8. Order to move out 48

MOVING OUT

1. Giving notice2. Breaking a lease3. Cleaning and move out inspection 56

ARBITRATION

1. What is arbitration?2. How to apply3. Group arbitrations4. Preparing for a hearing5. At the hearing6. Decision7. Review of a decision 62

OTHER RESOURCES 71

INDEX 74

1

2

3

4

5

6

7

8

9

10

On January 1, 2004 a new Residential Tenancy Act came intoeffect in British Columbia. It includes some significantchanges, some of which are bad for renters. It is now moreimportant than ever to understand your rights and obligationsas a tenant.

The Tenant Survival Guide is produced by the TenantsRights Action Coalition and is intended to give tenants a basicunderstanding of residential tenancy law in British Columbiaand what it means to them.

INTRODUCTIONHighlights of Residential Tenancy Act changes:

• It is now illegal for a landlord to ask a tenant to pay an application fee. Chapter 1

• Landlords can now charge an extra deposit for pets, keys, garage dooropeners, etc. Chapter 2

• Move-in and move-out inspection reports must now be completed byall landlords and tenants. Chapter 3

• If a landlord illegally keeps a tenant’s security deposit for longer than15 days after the tenant moves out and gives the landlord their forwarding address, the landlord owes the tenant double the amountof the security deposit. Chapter 4

• The rent protection system, in place in B.C. since 1995, has been abol-ished. Rents can now be raised by the consumer price index plus 2%.Chapter 6

• Tenants can no longer apply at the Residential Tenancy Office for anextension of time to pay rent, except under very limited circumstances.Chapter 8

• It is now easier for a landlord to evict a tenant for illegal activity. Chapter 8• If a tenant is evicted for “landlord use” the landlord must pay the ten-

ant one month’s rent as compensation. Chapter 8

The above are just some of the major changes, but there are many more.Read this guide to find out how the new law affects your situation as a renter.

Relevant sections of the Residential Tenancy Act (RTA) or the ResidentialTenancy Regulation are cited below subject sections throughout this book.These sections are current at the time of printing of this book, but maychange if the Act changes.

The information contained in the Tenant Survival Guide is for informational purposes only.The Tenants Rights Action Coalition makes no claims, promises or guarantees about theaccuracy, completeness, or adequacy of the information contained in this booklet.The Tenants Rights Action Coalition cannot act as your attorney, and its staff members arenot attorneys. The Tenants Rights Action Coalition makes no representations, expressed orimplied, that the information contained in this booklet can or will be used or interpretedin any particular way by any governmental agency or court. As legal advice must be tai-lored to the specific circumstances of each case, and laws are constantly changing, noth-ing provided herein should be used as a substitute for the advice of competent counsel.

www.tenants.bc.ca | 05

ALWAYS:• trust your instincts—if your first meeting with a potential land-

lord is not good, you will most likely have problems with thatperson and should not rent from them;

• get everything in writing, including your tenancy agreement,plus any promises your landlord makes;

• get receipts, especially if you pay cash, to prove that you paidyour security deposit and your rent;

• know your rights and obligations under the Residential TenancyAct. Unfortunately, what you think is fair may not be how thelaw works.

NEVER:• agree to move into a place you have not seen;• accept verbal promises or guarantees from the landlord or

landlord’s agent;• sign a tenancy agreement without knowing the proper name

and address of the landlord. You need this information if youshould have to apply for arbitration to resolve any disputes.

1. Law in B.C.Tenants in B.C. are protected by the Residential Tenancy Act. The Act isthe law that spells out the rights and responsibilities of tenants and land-lords. Don’t assume that the laws in other provinces are the same inBritish Columbia.

The Residential Tenancy Office is the government office that helps withproblems between landlords and tenants. Residential Tenancy Office staffgive information about the law to tenants and landlords in B.C. They canhelp you by explaining the law to you, and in some cases, by calling yourlandlord on your behalf. Residential Tenancy Offices also hold arbitrationhearings for landlords and tenants when they cannot resolve disputes ontheir own.

An arbitration hearing is like a landlord-tenant “court”.You and yourlandlord explain your problem to an arbitrator, who is appointed by theB.C. government. The arbitrator decides what to do about the problem,based on your evidence and what the law says. The arbitrator’s decisionis legally binding. For more information on arbitration hearings, seeChapter 10, Arbitration.

IN THIS CHAPTER

1 The law in B.C.

2 Are you covered by the law?

3 What a landlord can ask

4 Application fees

5 Information for foreign students


1 BEFORE RENTING

2. Are you covered by the law?Not all renters are protected by the Residential Tenancy Act. If your nameis on a tenancy agreement as a tenant and you pay rent to a landlord whodoes not share kitchen or bathroom facilities with you, then you are like-ly considered a tenant and protected by the Residential Tenancy Act. Ifyou do not have rights under the Act, you may have rights under contractlaw. For example, you may be able to take your landlord or roommates toa hearing in Small Claims Court to get money back from them. You canonly apply for arbitration through the Residential Tenancy Office if youare covered by the Residential Tenancy Act.

ROOMMATES If you share a place with the owner you are not coveredby the Residential Tenancy Act.

ROOMING HOUSES If you live in a rooming house and do not sharebathroom or kitchen facilities with the landlord you are protected by theResidential Tenancy Act.

HOTELS Hotel tenants are protected by the Residential Tenancy Act ifthe hotel is the tenant’s primary residence.

MANUFACTURED HOMES (MOBILE HOMES) If you rent both amanufactured home and the pad it sits on, you have the same legal rightsas other tenants. But if you own a manufactured home and rent only thepad, the Manufactured Home Park Tenancy Act has special rules for you.This guide does not cover those rules. Phone the Residential TenancyOffice for more information (see Getting Help in the back of this guide).

NON-PROFIT HOUSING If you live in non-profit housing and are amember of the non-profit society, you are protected by the ResidentialTenancy Act. This includes tenants living in single room occupancy hotels(SRO) operated by a non-profit society, municipality, or regional district.However, if your rent is based on your income different rules regardingrent increases may apply.

The Residential Tenancy Act does not apply to:• people living in accommodations owned or operated by educational

institutions if the institution provides the accommodation to its stu-dents or employees;

• if you live in a housing co-op and are a member of the co-op;• commercial tenancies;• vacation or travel accommodation;


• people in jail;• living accommodation rented under an agreement with a term of 20

years or more• people living in care facilities that fall under the Community Care

Facility Act, the Continuing Care Act, the Hospital Act, or the MentalHealth Act.

There are other situations when the Act does not apply.See Section 4 of the RTA

3. What a landlord can askThere are new privacy laws regarding what a landlord does with the per-sonal information that you provide on a tenancy application or agree-ment. Unfortunately, the landlord can still ask for the information andyou can never really be sure how it will be used. If the landlord insists onhaving personal information you are not comfortable providing, such asyour social insurance number, you should reconsider renting from them.The landlord can do a credit check without that level of information andit is never a good idea to provide a stranger with information such asyour social insurance number or credit card numbers.

DISCRIMINATION A landlord cannot discriminate against you orrefuse to rent to you because of your race, colour, ancestry, place of origin,religion, sex, sexual orientation, source of income, or age (between 19 and65 years). The landlord also cannot discriminate against you if you aremarried or not married, if you have children, or if you have a disability.

THERE ARE TWO EXCEPTIONS:Shared AccommodationThe law does not always apply when cooking, sleeping or bathroom facilitiesare shared. For example, if a woman wants to rent a room in her house onlyto another woman, she may be allowed to discriminate in this way.

Adults OnlyA landlord cannot refuse to rent to you because you have children, unlessthe building is reserved for people over 55 years old. It’s illegal for a landlordto advertise “adult only” or to write “adult only” in a tenancy agreement,unless the building is for tenants over 55 years old.

4. Application feesA potential landlord cannot ask you to pay a fee to simply apply to rent

BEFORE RENTING

a place. If you pay an application fee and the landlord will not give it backto you, you can apply for arbitration to have it returned. Of course youneed to know the landlord’s proper name and address and have proofthat you paid the fee. Many potential tenants pay these fees in cash anddo not know to whom they are paying the fees. Therefore, it is best to notpay an application fee and not rent from someone who asks for it. Take itas an indication of problems to come.See Section 16 of the RTA

5. Visiting studentsIf you are visiting from another country and renting in British Columbia,it is important to know your rights and obligations under the ResidentialTenancy Act. If you are not planning on staying for a year, then youshould not sign a lease or agreement that says you will stay for a year.Some landlords rent to visiting students knowing that they won’t stay fora year, but make them sign a one year’s lease anyway. The landlord then


uses the broken agreement as an excuse to keep the student’s securitydeposit. Another common problem for visiting students is landlords whodon’t return security deposits. Some landlords take advantage of the factthat the student will be returning to another country and unable to filefor arbitration 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 writingwith the landlord.

• Do not sign any agreements that you don’t 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 arbitration

in case you need to return to your home country before the landlordhas returned your security deposit. Contact the Residential TenancyOffice to do this. (See Other Resources at the back of this book.)

Protect yourself from the startRemember that you are entering into a contract—a business deal—with a landlord. It is important to make sure everything about the dealis clear from the beginning so that there is little chance of an argumentor dispute later.

BEFORE RENTING

2 TENANCY AGREEMENTSALWAYS:• see a new place with a friend so that you have a witness to

what your landlord said;• make sure the plumbing, electrical and appliances work, and

check for mold in bathrooms and around windows, in closetsand under carpets;

• ask questions, such as how much heating costs in the winterand if everything in the building works okay;

• have reasonable expectations. If you are extra sensitive tonoise, for example, you probably don’t want to live in a woodframe building with hardwood floors.

NEVER:

• sign a tenancy agreement you have not fully read or are notcomfortable with;

• sign a fixed term lease if you cannot stay for the term of the leaseor cannot afford to pay rent after you have moved;

• pay rent, security deposits, or sign a tenancy agreement unlessyou are sure that you want the place.

IN THIS CHAPTER

1 Protect yourself

2 Terms in the agreement

3 Pets

4 Leases

5 Deposits and rent

6 Moving in

A tenancy agreement is a contract. It lists the rights,responsibilities and rules that you and your landlordagree to. Tenancy agreements must be in writing. Bylaw, they must include standard information on therights and responsibilities of tenants and landlordsunder the Residential Tenancy Act. Sample tenancyagreements are available at the Residential TenancyOffice or you can find them on-line by going to theB.C. Government website at www.gov.bc.ca and typing“RTO” in the search bar.


1. Protect YourselfAsk your landlord for a written tenancy agreement. When an agreementis written, you have proof of what you and your landlord agreed to. Thisproof can come in handy if you have problems later on. Tenancy agree-ments usually protect landlord’s interests, but may not protect yours.Make sure the agreement protects you, too.

HERE ARE SOME WAYS TO PROTECT YOURSELF:• Make sure you understand what you are agreeing to. Read every word

carefully, or have someone help you read the agreement. Do not signthe agreement until you are sure about what it says.

• Make sure you know what your rent includes. Does it include parking,cablevision, heat, and light? Or do you have to pay for these things sep-arately? Is this written down in the agreement?

• Do not agree to put utilities for units other than yours in your ownname. You should not be made responsible for collecting money fromtenants in other units. Insist that the bills for shared utilities, like gasand hydro, are put in the landlord’s name.

• If you live in a house with more than one unit where the utilities for thewhole house are shared between the units, make sure your agreementspecifies how many other people are living in the house and what yourportion of the utilities are. For example, if additional tenants move intoa suite with which you share utilities, your portion of the bill could alsoincrease if you only agreed to pay a percentage of the total cost.

• Get everything in writing. If your landlord agrees to clean or do repairsbefore you move in, write this in the agreement. If you add or change any-thing in the agreement, both you and your landlord should write yourinitials beside every change.

• Ask your landlord to cross off any parts of the agreement you wantchanged. For example, if the agreement says “no pets allowed” but yourlandlord says you can keep your dog, change that section or cross it off.Both you and the landlord should write your initials beside the change.

• Get a copy of the signed agreement and keep it in a safe place. If the land-lord breaks a promise, it will be hard for you to prove anything withoutyour own copy.

• Get your landlord’s name,address and phone number.You need to know withwhom you are dealing. Get the name and phone number of the manageror agent you talk with, too. If a landlord or property manager does not wantto provide this information, you should reconsider renting from them.


COPY OF THE AGREEMENT The landlord must give you a copy ofthe tenancy agreement no later than 21 days after you sign it. Insist onreceiving a copy as soon as possible after it is signed.

SPOKEN AGREEMENTS If you had a spoken agreement when youmoved in, you don’t have to sign a written agreement later on, unless youagree with it. However, it is the law that landlords provide written tenancyagreements at the start of a tenancy.

LANDLORD WANTS TO CHANGE AGREEMENTS If your land-lord gives you a new agreement, you don’t have to sign it. If you get a newlandlord, the rules in your old agreement will stay the same.A new landlordcan’t make you sign a new agreement.

2. Terms in a tenancy agreementSome things are automatically included in every tenancy agreement, likehot water and locks on the doors. These are basic rights for every tenant.Even if these things are not listed in your agreement, you still have a rightto them. Other things are “extras,” like a laundry room. A tenancy agree-ment includes the things the landlord agrees to provide. It also lists therules you agree to, like where you can store things.

Be sure to get the “extras” in writing.Your landlord can’t change your ten-ancy agreement unless you both agree.For example,your landlord can’t makeyou start paying for heat if that was not part of your original agreement.

The Residential Tenancy Act now allows landlords to take away orrestrict certain services if you are compensated with a rent reduction andif the services are not essential to your tenancy. Therefore, it is importantto make sure your agreement states everything that is included in yourtenancy agreement.See Sections 14 and 27 of the RTA

ILLEGAL PARTS OF A TENANCY AGREEMENT There are somethings a landlord can’t put in a tenancy agreement because they are ille-gal. For example, your agreement might say,“the landlord may enter yoursuite at any time”. This is illegal. The law sets strict limits on when yourlandlord can come in, and this cannot be changed by the tenancy agree-ment. Your landlord cannot make you agree to terms that give up yourprotections under the Residential Tenancy Act.

TENANCY AGREEMENTS

3. PetsIn B.C., there is no law that allows tenants to have a pet. In fact, the newResidential Tenancy Act explicitly gives landlords the right to refuse pets,or to charge an extra deposit for accepting pets. (See Section 18 of theRTA.) In order to keep a pet you need to have a term in your tenancyagreement that allows you to keep a pet. If your tenancy agreement doesn’tallow pets, and you get one anyway, your landlord can tell you to removeit. If you don’t, the landlord might give you an eviction notice.Guide dogsIf you have an assistance animal covered by the Guide Animal Act yourlandlord has to accept it. You must not be charged a pet deposit for ananimal covered by the Guide Animal Act.

4. Leases (fixed-term tenancies)You may agree to rent a place for a certain length of time, like six monthsor one year. This is called a lease, or a fixed term tenancy agreement.Leases are often good for landlords, but not always good for tenants.However, a lease can protect you from eviction in some cases (like if thelandlord wants to move into your suite or sell it.)

Don’t sign a lease unless you are sure you want to live in the place. Youcan’t break a lease because you didn’t do a careful enough inspection of thesuite before you moved in, and decide after moving in that you don’t like it.

There may be parts of the lease that allow the landlord to break thelease and force you to move. This helps the landlord, but does not helpyou at all. Read the lease very carefully.

BREAKING A LEASE If you need to break a lease, be aware that youmay have to pay rent until your landlord rents the place out to someoneelse or until the term of your lease is over. This is what a lease meanswhether it is stated explicitly in the agreement or not. Many leases saythat you have to pay a certain amount of money in order to get out ofthe lease. The amount charged to you cannot be charged as a penalty, butinstead is meant to cover the landlord’s cost of re-renting the place. Thisamount is called “liquidated damages”. A landlord cannot say that youwill lose your damage deposit if you break your lease unless it is a rea-sonable estimate of what it will cost the landlord to re-rent the place.

THERE ARE TWO KINDS OF LEASES: • A lease that says you must move out at the end of the lease. You can only


stay if you sign a new agreement with the landlord. Be careful! The newagreement does not have to contain the same terms because it is, ineffect, a new tenancy. Also, rent can start at any amount because it is anew agreement.

• A lease that says you must stay for a certain length of time, but doesn’tsay when you must move out. This type of lease is better for tenants.With this type of lease, if you want to stay on after the lease ends andrent month-to-month you do not have to sign a new agreement. If youwant to move on the date that your lease expires, you must give a fullmonth’s notice in writing to your landlord.

IF YOU GET A NEW LANDLORD If your place is sold, the new land-lord can’t make you a sign a new lease, or change the rules in your agree-ment. The new landlord also can’t evict you because they want to movein until the term of the lease expires.

5. Deposits and rent.Don’t pay any money unless you are sure that you want the place. Don’tsign anything and don’t give any money to the landlord until all of yourquestions are answered. If you pay a deposit and then change your mind,you might not be able to get your money back. If the landlord can’t rent theplace to someone else, they might try to make you pay the month’s rent.

SECURITY DEPOSIT AND PET DAMAGE DEPOSIT A landlord canask you for a security deposit (also called a damage deposit) of a half month’srent to cover the cost of damage you do or rent you do not pay. A landlordcan also ask you for a pet damage deposit of a half month’s rent to cover anydamage done by your pet. (See Chapter 4, Deposits and other Fees.)

PAYING RENT Rent is due on the first day of the month, unless youhave a different agreement with your landlord. It is your responsibility tomake sure your landlord gets the rent on time each month. If you don’tpay the full rent on the due date, the landlord can try to evict you. (SeeChapter 8, Evictions.)

WHEN YOU PAY RENT:• Pay by cheque or money order if you can.• The law requires that the landlord give you a receipt, but you need to

make sure you get it. If you pay cash and don’t get a receipt, you haveno proof that you paid rent to the landlord.

• If the landlord won’t sign a receipt, ask a friend or neighbour watch you

TENANCY AGREEMENTS

count the money over to the landlord. They can be your witness if thelandlord says you didn’t pay.

• Keep your receipts and cancelled cheques in a safe place. You mightneed them later.

IF YOU DON’T MOVE IN Once you give the landlord a deposit, youhave established a contract. If you decide not to move in, the landlord canmake you pay the month’s rent, unless another tenant moves in. If you did-n’t move in because there was a serious risk to your health or safety, youwill need proof. For example, take photographs of the problem or ask ahealth inspector to come to the place. If you need repairs right away, youcan take the landlord to arbitration.

If you refuse to move in because the place is dirty or needs repairs,you may lose your money. If you gave the landlord a security deposit ofone half month’s rent, you may have to pay more. The landlord can takeyou to arbitration to get the rent.

6. Moving in

CONDITION INSPECTION The law in B.C. requires that you do a con-dition inspection report with the landlord when you move in and when youmove out of your place. You must also do a condition report when youbegin keeping a pet if you did not do one when you moved in. (See Chapter3, Condition Inspection Reports.)

REPAIRS AND CLEANING Your landlord must make sure your newplace is clean and that everything works—before you move in. However,don’t just expect that your landlord will have done this. You should pro-tect yourself by checking everything before you move in! If the placeneeds repairs or cleaning right away, give your landlord a list of whatneeds to be done. Give the landlord a deadline for completing the repairsand cleaning. Sign and date the list, and keep a copy. (See Chapter 5,Repairs and Services.)

If you must clean the place in order to move in, you may be able toget money back for your labour and the cost of cleaning supplies andequipment. Keep your receipts. You may have to go to arbitration to getmoney back from the landlord. You will need proof of the condition ofthe place before and after you cleaned.

ILLEGAL SUITES In many municipalities secondary suites, such as


basement suites in houses, are not permitted and are considered “illegal”.However, illegal suites are covered by the Residential Tenancy Act and youare protected by this provincial law just as you would be in any other typeof tenancy—except that the suite may be shut down by the municipalityif the municipality has a policy of shutting down secondary suites. If thishappens the tenant could have to move with as little as one month’snotice. If you are renting a suite in a house try to find out if it is a legalsuite. If it is not, find out what the municipality’s policies are on closingdown illegal suites. In terms of dealing with your landlord, you have thesame rights as any other tenant even if you live in an illegal suite.

ALLERGIES? Many tenants move into a place only to find that it isnot suitable to their personal situation. For example, if you are allergicto cigarette smoke, make sure your written tenancy agreement statesthat it is a non-smoking building. The same is true if you are allergicto pets or even to mold. If the landlord breaks your agreement byallowing a smoker to move in next door when you had an agreementthat it was a non-smoking building, you may be able to claim for com-pensation from the landlord. However, if your written agreement doesnot mention it, and you later find that you can’t tolerate the smoking,it may be you who has to pay if you are breaking a lease or movingwithout proper notice.

GET IT IN WRITING Ask the landlord or manager what the rentincludes. Ask if the heat, lights, cablevision, laundry, fridge, stove, storageor parking are included in the rent. Also, make sure the agreement statesif use of a yard or recreational facilities, such as a swimming pool, areincluded. Tell the landlord that you want a written agreement that liststhe things included in the rent. If the landlord makes a promise to paint,clean or fix something, get that in writing too.

ALWAYS MAKE SURE:• the agreement is dated • the agreement is signed by both you and your landlord• both you and your landlord put your initials beside any changes to

the agreement• the agreement says the same things you and your landlord agreed to when

you spoke (if you don’t put it in writing, it is not part of the agreement)• you get a copy of the agreement right away (in case you need proof)

TENANCY AGREEMENTS

3 CONDITION INSPECTION REPORTSMOVING IN AND MOVING OUT

IN THIS CHAPTER

1 Condition reports

2 Penalty for not participating

3 Setting a time

4 Required information

ALWAYS:• do a condition inspection with your landlord when you move in

and out of your place;• get the original copy of your condition inspection report after

you sign it;• take a friend along with you as a witness when you do the con-

dition inspections with your landlord;• take photos if you feel unsure about only relying on the condi-

tion report for evidence.

NEVER:• rush through the inspection or you may miss something that

your landlord could later claim is damage;• check the box in the report saying that you agree with the con-

dition if you don’t agree with all the statements in the report.You can indicate on the report that you disagree.

1. Condition reportsStarting on January 1, 2004 you must do a condition inspection report withyour landlord when you move in and when you move out of your place.Theinspection report is like a checklist where you and the landlord can writedown what kind of condition you think the place is in. Doing an inspectionreport when you move in and then again when you move out of your placecan help you prove that you did not damage it if your landlord tries to saythat you did. Ideally, since you are not responsible for reasonable wear andtear, the condition inspection report should be the same when you move inas when you move out.See Sections 23 and 35 of the RTA

2. Penalty for not participatingTenants lose the right to the return of the security deposit if they do notcomplete the move-in and move-out condition inspection reports. If yourlandlord does not do the mandatory inspection reports, then your landlordcannot say that you did damage and make a claim in arbitration to keepyour security or pet damage deposit. Therefore, it is very important thatboth you and your landlord complete the inspection reports.

3. Setting a time to do inspection reportsUnless you and your landlord agree otherwise, you must do the inspection



report on the day your tenancy begins and when the place is empty of yourbelongings.You and the landlord must complete the report together or youmust have someone do the inspection for you if you cannot make it. Youmust let your landlord know beforehand if someone else is doing theinspection for you. The inspection must be done between the hours of 8a.m. and 9 p.m. Keep in mind that if you are concerned about missing any-thing when you move into a place, you should probably do the inspectionduring daylight hours when it is easier to notice damage.

AGREEING ON A TIME FOR THE INSPECTIONYou and your landlord have to try and agree on a time that is convenient toboth of you to do the inspection. If you and your landlord cannot easilyagree to a time, there is a process set out in the law that must be followed.1. Your landlord must offer you a “first opportunity” for the inspection by

giving you one or more dates and times to do the inspection.2. If you cannot make the time offered by your landlord, you can give

your landlord a time when you can do the inspection. The landlord hasto consider this time.

3. If your landlord cannot make the time you suggest, then your landlordmust offer you a “second opportunity” which must be different fromthe first opportunity. This second opportunity must be provided toyou in writing on a form approved by the Residential Tenancy Office.

4. The law says both you and your landlord have to be considerate ofeach other’s time constraints when choosing times for the inspection.

4. Required informationThe law requires that certain standard information be included on a con-dition inspection report. Generally your landlord should be using a formfrom the Residential Tenancy Office which contains all of the informa-tion required by law. However, some landlords make up their own formsand this is allowed as long as your landlord’s form contains all the infor-mation required by law.

Remember that you have the right to put on the reportthat you don’t agree with all the statements in it!

INFORMATION REQUIRED ON CONDITION INSPECTION REPORT:a) Your correct legal name, your landlord’s correct legal name, and the

name of the person you had do the inspection for you if you couldn’tdo it yourself.

b) The address of the place you are renting and doing the inspection at.c) The date you can take possession of the place you are renting. (This is

usually the date you are able to move in.)d) The address of the landlord where you can serve legal documents.e) The date you do the inspection.f) A statement of the condition and state of repair of each room in the

place, including the garage or parking stall and balcony or patio.g) A description of the condition and state of repair of any floor or win-

dow coverings, appliances, furniture, fixtures, electrical outlets andelectronic connections provided for your use in the tenancy agreement.

h) Anything else that you and your landlord agree should be in the reporti) If there is anything that needs to be repaired, it should be put on your

report. (This does not mean that you can’t ask for repairs if you discoversomething doesn’t work after you move in.)

j) There should be a place on the report where you can agree or disagreewith your landlord’s description of anything you’ve both inspected.(You do not have to agree with your landlord and it is important thatyou write down if you disagree with something.)

k) The following statement has to be on the report and completed by you:

I. your nameagree that this report fairly represents the condition of the rental unit.do not agree that this report fairly represents the condition of the

rental unit, for the following reasons:__________________________________________________________________________________________________________________

A space for both you and your landlord to sign the report.

Also on the report when moving out:1. A statement saying what damage there is that you are responsible for.2. If you and your landlord agree on what should be deducted from the

security deposit or pet damage deposit, and how much is being deductedand your signature agreeing to the deduction and the date. (You don’thave to agree to any deduction if you do not think it is fair.)


22 | www.tenants.bc.ca

GETTING YOUR COPY OF THE REPORT The law requires thatyour landlord give you a copy of the condition inspection report imme-diately, or if that is not possible, then within 7 days of your move-ininspection or within 15 days of your move-out inspection. You shouldinsist on having a copy of the report as soon as it is completed. Thereport will be used as evidence if you have to go to arbitration so it isbest to get a copy of it right away. Offer to go with your landlord to pho-tocopy it or do two reports that you both sign and put the same infor-mation on. You do not want to give your landlord an opportunity tochange information on a completed report because it could be difficultto prove this later.

TAKE A WITNESS It is a good idea to have a friend with you when youdo the move-in and move-out inspection reports with your landlord.Your friend may notice things that you miss and may also help you feelless nervous if you are not comfortable around the landlord.



SAMPLE NOTICE TO SCHEDULE A CONDITION INSPECTION

4 SECURITY DEPOSITS AND ADDITIONAL FEES

IN THIS CHAPTER

1 Security deposits and pet

damage deposit

2 Extra deposits and non-refundable fees

3 Getting your deposit back

ALWAYS:• participate in a move-in and a move-out inspection, or else risk

losing your deposit;• get a receipt for your security deposit, pet damage deposit, or

any other deposits you pay; • give your landlord a forwarding address when you move, even

if it is only somewhere that you can pick up mail.

NEVER:• pay a deposit for a place you are not sure you want, or you may

lose your deposit.

1. Security deposit and pet damage depositA landlord can ask you for a security deposit (also called a damagedeposit) to cover the costs of damage to the unit or property, or unpaidrent or utilities. The landlord can also ask for a pet damage deposit anddeposits for extras like keys or garage door openers. Your landlord canonly ask for a security deposit when you first agree to rent the place. Youmust pay the full security deposit within 30 days after you move in oryou can be evicted.See Sections 20 and 47 of the RTA

AMOUNT OF SECURITY DEPOSIT The most a landlord can ask youto pay for a security deposit is a half month’s rent. The landlord cannotask for an extra deposit if the rent goes up. If the landlord collects morethan one half month’s rent as a security deposit, the law allows the tenantto deduct the overpayment from rent, or otherwise recover the overpay-ment. Make sure you let the landlord know why you are deducting theoverpayment.

PET DAMAGE DEPOSIT A landlord can ask for an additional halfmonth’s rent as a pet damage deposit. The landlord can ask you for thiswhen you move in with your pet or when you get a pet. You only have topay one pet damage deposit. The landlord cannot ask you to pay extradeposits if you have more than one pet. If the landlord collects more thanone half month’s rent as a pet damage deposit, the law allows the tenant todeduct the overpayment from rent, or otherwise recover the overpayment.

CAUTION! If you pay a deposit and then change your mind about mov-ing in, you might not be able to get your money back. The landlord mighttry to make you pay the month’s rent if another tenant cannot be found



to rent the place. Don’t sign anything and don’t give money to the land-lord until all your questions are answered. Make sure you really want theplace before you pay any money. Whenever you give the landlord cash,get a receipt. It is better to pay with a cheque or money order.

SECURITY DEPOSITS AND RENT You cannot use your securitydeposit towards your rent unless your landlord agrees to it in writing. Forexample, you cannot pay only half of your last month’s rent and tell thelandlord to cover the rest with your security deposit. If you owe rent whenyou move out and there is no damage to the place or other payments thatyou owe the landlord, the landlord can put your security deposit towardswhat you still owe in rent.See Section 21 of the RTA

2. Extra deposits and non-refundable feesThe new law allows landlords to charge a deposit for access devices likekeys and automatic garage door openers or for equipment that is for thetenant’s use only.You cannot be charged a deposit for a key or access cardif it is your only means of entry to your building.

NON-REFUNDABLE FEESIn addition to your rent and refundable deposits, the new ResidentialTenancy Act allows landlords to charge extra fees for certain services. Thelaw allows a landlord to charge the following fees:• direct cost of replacing keys or other access devices;• direct cost of any additional keys that you request;• service fees charged by banks for NSF cheques;• move-in and move-out fees charged by a strata corporation to the landlord;• fee for services or facilities requested by you that aren’t covered in

your tenancy agreement; for example, a parking fee, if it wasn’t in youroriginal agreement.

As well the landlord can charge the following fees as long as your tenancyagreement states that you may be charged these fees:• fee of not more than $25 for a NSF cheque or late payment of rent;• fee that is not more than $15 or 3% of the monthly rent as a fee for

moving between units in a building if you requested the move.

3. Getting your deposit backThe new law requires you to do move-in and move-out condition

inspection reports with your landlord in order to get your securitydeposit back. The penalty for a landlord or tenant not participating inthe condition inspections is losing the right to the security deposit. (SeeChapter 3, Condition Inspection Reports.)

When you move out, you must give your landlord a forwardingaddress in writing where your security deposit can be sent. This is nowrequired by law.After your landlord receives your forwarding address andyou have moved out, the landlord has 15 days to return your securitydeposit to you. The forwarding address does not have to be where youlive, but somewhere you can receive mail.

If the landlord wants to keep some or all of your deposit, you musteither agree to it in writing, or the landlord must apply for arbitration atthe Residential Tenancy Office within 15 days from the day when youmoved from your place. If the landlord does not do this, you are entitledto receive double the amount of your security deposit. (See Chapter 10,Arbitration.) Keep in mind that you only have one year from when yourtenancy ended to claim your security deposit in arbitration.

INTEREST Your landlord is required to pay you interest on your securi-ty deposit. However, the amount of interest required to be paid is estab-lished yearly by the Residential Tenancy Office. Some years you will notreceive any interest on your deposit if the prime lending rate of the prin-cipal banker to the Province was below 4.5% on the first day of that cal-endar year. Call the Tenant Hotline or the Residential Tenancy Office tofind out if you should be getting interest back on your deposit. Or, go tothe Residential Tenancy office website at www.pssg.gov.bc.ca/rto and usethe rate calculator to find out exactly how much you may be owed.

SECURITY DEPOSITS AND ADDITIONAL FEES


5 REPAIRS AND SERVICES

IN THIS CHAPTER

1 Landlord and tenant responsibilities

2 Getting repairs done and services back

3 Emergency repairs

ALWAYS:• make sure that everything is working properly before you

agree to rent a place;• tell your landlord in writing, as soon as possible, if your place

needs repairs.

NEVER:• expect to be reimbursed for repairs you do yourself unless

your landlord agrees to it in writing;• hold back rent because repairs have not been done, unless you

have an order from an arbitrator allowing you to do so.

1. Landlord and tenant responsibilities

THE LANDLORD’S RESPONSIBILITIES The law says a landlordmust keep a place healthy, safe and “suitable for occupation”.Your landlordhas to make any repairs that are needed for your health and safety.Your landlord is responsible for repairing:• heating• plumbing• electricity• locks• walls, floors and ceilings (including water leaks or holes)• fire doors and fire escapes• intercoms• elevatorsAnything included in your rent must also be maintained. For example,your landlord is responsible for repairing:• fridge and stove• laundry facilities• furniture included in your rent• garages and storage sheds

If something needs to be repaired, tell your landlord right away even if therepair is not important to you. Do it in writing and keep a copy for your-self. If you don’t tell your landlord about the problem and it gets worse,you could be held responsible.



THE TENANT’S RESPONSIBILITIES As a tenant, you have to keepyour place clean and notify the landlord of any repairs that need to bedone, or of any other problems such as mice or bugs. You also have to fixany damage you or your guests do. You are not responsible for reasonablewear and tear.

2. Getting repairs done and services back

IF A REPAIR IS NEEDED If there’s a repair needed and it’s not an emer-gency, tell your manager or landlord right away (see “Emergency Repairs”later in this chapter for information about what you can do in an emer-gency). Write down the date when you talked to your landlord and whatthey said. Don’t wait until a small problem becomes a big problem.

IF A SERVICE IS TAKEN AWAY The new Residential Tenancy Actallows a landlord to restrict services or facilities as long as you are givenat least 30 days written notice and are compensated with a rent reductionthat is equal to the reduction in value of your tenancy agreement. Yourlandlord cannot take away services or facilities which are considered“essential” to your tenancy. However, what you consider essential maynot be what your landlord or what an arbitrator consider essential.Therefore, it is important to make sure that you have a written tenancyagreement that says what services and facilities are material terms ofyour tenancy agreement. For example, if laundry is included in youragreement make sure your written agreement states that laundry isincluded. A material term is a term that is so important that without thatterm you wouldn’t have entered into the agreement.

IMPROVING YOUR PLACE If you want to make changes to your place,like painting walls or taking out old carpet, ask your landlord and get writ-ten consent. If you make changes without permission from your landlord,you might have to pay for new paint or carpet later. Don’t expect to be paidfor any improvements you make unless you have a written agreement fromyour landlord stating that you will be compensated for the improvements.

DON’T HOLD BACK YOUR RENT You may want to withhold yourrent for your inconvenience or the cost of repairs you have done your-self. If you do this without getting an arbitrator’s order, your landlordcould evict you for non-payment of rent. It is better to apply for arbi-tration if you are having trouble getting your landlord to do repairs.

SEND A LETTER If your landlord doesn't do the repairs or give back theservice, send a letter. The demand letter should say: 1) the address whereyou live; 2) what needs fixing; and 3) the date you want it fixed by. Sign anddate the letter, and keep a copy. The demand letter might solve your prob-lem. The letter can also prove that your landlord knew about the problem.If the deadline goes by, and your landlord has not fixed the problem, youcan apply for an arbitration hearing (see Chapter 10, Arbitration.)

SAMPLE DEMAND LETTER

June 5, 2003Penny SavedBig Property Management Co. Ltd.1234 MainStreet Anytown, B.C.

Dear Ms. Saved:

Re: My apartment at 201-4567 North Main StreetFor three weeks my stove has not been working properly. The ovendoes not work at all, and only two of the burners work.

I told you about this on May 17 and May 25.

The Residential Tenancy Act states that you must maintain myapartment and the appliances. If my stove is not fixed by June 10, Iwill take legal action through the Residential Tenancy Office.

Thank you

Sincerely,

Teresa Tenant

REPAIRS AND SERVICES


ARBITRATION FOR REPAIRS AND SERVICES When you take yourlandlord to an arbitration hearing for non-emergency repairs or servic-es, the arbitrator can:• order your landlord to do the repairs or restore the service;• order your landlord to lower your rent until the repairs are done or the

service is restored;• give you permission to pay for the repairs yourself and to deduct the

cost of the repair from your next month’s rent;• order you to pay your rent to the Residential Tenancy Office instead of

to your landlord, until the repairs are done. This is called a “re-directionof rent”.

See Section 65 of the RTA

GETTING MONEY BACK If you went without something like yourstove, fridge, toilet, or balcony because the landlord delayed repairs, youmay want some of your rent money back. If you and your landlord can-not agree on fair compensation, you can go to arbitration. (See Chapter10, Arbitration.)

PROOF OF THE PROBLEM Make sure you gather proof or evidenceof the repair problem in case you have to go to an arbitration hearing.You can take a photograph or videotape the problem. Cost estimatesfrom a tradesperson such as a plumber make good evidence. You canalso ask friends or neighbours to look at the problem and be witnessesat an arbitration hearing.

COMMUNITY STANDARDS Some municipalities have rules abouthow clean, safe, and healthy your suite must be. You can phone yourmunicipal hall and ask them about these standards. Inspectors maycheck your place and order the landlord to do repairs or clean things up.But not all municipalities will do this. (Look under “Health” “Fire” or“Building Inspections” in the blue pages of the phone book.)

IN VANCOUVER The City of Vancouver has a Standards of Maintenanceby-law for enforcing basic housing standards. The by-law covers everythingfrom heat and hot water to rotting floors.Other by-laws make a landlord getrid of cockroaches, mice and fleas. If you live in Vancouver, you can phoneCity Hall and ask an inspector to check your place. The phone number forthe City of Vancouver property use inspector is (604) 873-7398.

REPAIRS AND “ILLEGAL” SUITES Most suites in houses are illegal


because the municipality does not allow them. If you live in an illegal suite,you have the same rights as every other tenant under the ResidentialTenancy Act. You can apply for an arbitration hearing for repairs. TheResidential Tenancy office will not contact your municipality.

However, don’t phone the municipality about a repair problem if youthink your suite is illegal. If you report the suite, the municipality mightclose down the suite and tell the landlord to evict you. If your suite is closeddown by the municipality you could be given a one month eviction notice.

3. Emergency repairsThe Residential Tenancy Act has special rules for “emergency repairs”. Therules may allow you to do repairs in some circumstances. Emergencyrepairs are repairs that are made for the purpose of repairing:• major leaks in pipes;• damaged or blocked water or sewer pipes;• electrical systems;• in a rental unit, major leaks in the roof, damaged or defective locks,

damaged or blocked plumbing fixtures or the primary heating system;• in prescribed circumstances, a rental unit, residential property, a

manufactured home site or manufactured home park.See Section 33 of the RTA

CONTACT YOUR LANDLORD The law says that your landlord has topost the name and phone number of an emergency contact person someplace in your building where you can easily see it. If you need an emer-gency repair, phone the emergency contact person right away. You musttry to reach the emergency contact person at least twice. If no number isposted, call the landlord or the manager. Make sure you write down thedate and time of each call.

WHAT IF REPAIRS ARE NOT DONE?You are allowed to pay someone else to do the repairs only if:• you talk to the emergency contact person and the landlord still does

not do the repairs within a reasonable time• OR, you cannot reach the contact person after two tries.It’s a good idea to call different places to get repair cost estimates.Write downtheir prices and hire the cheapest one that is qualified to do the job. Keep allthe receipts.Your landlord is allowed to take over the repair job at any time.


GETTING MONEY BACK Your landlord has to pay you back the costof the emergency repairs if you followed the process required by theResidential Tenancy Act (see above.) Give them a copy of your receiptsand any information you wrote down. Keep the original receipts foryourself. If your landlord doesn’t pay you back, you can deduct themoney from your rent. You may want more money from the landlord forother expenses; for example, if your things have been damaged in a floodthat was the landlord’s fault. If you and your landlord cannot agree onfair compensation, you can take your landlord to arbitration.

IF YOUR LANDLORD DOESN’T AGREE Your landlord may notagree to pay you back. The landlord may say that it wasn’t an emergency,or that the repairs cost too much. If this happens, your landlord can applyfor arbitration. You will have to let an arbitrator decide. If the landlordwins, you might have to pay some or all of the money back (see Chapter10, Arbitration).

CAUTION! If you’re not sure that your situation is an emergency, phonethe Tenant Hotline or the Residential Tenancy Office. Follow all the stepsand get the work done as cheaply as possible by someone who is quali-fied to do the work, or you might have to pay!



SAMPLE NOTICE OF SERVICE TERMINATION OR RESTRICTION


ALWAYS:• insist on receiving a notice of rent increase on the proper gov-

ernment form, and• remember that you can only be given one rent increase per year

and you must be given three full months’ notice of the increase.

NEVER:• sign something agreeing to an above guideline rent increase if

you don’t want to accept it.

NEW REGULATIONS A new law regarding rent increases came intoeffect on January 1, 2004. Landlords can raise rents by a set amount eachyear and can apply for arbitration for rent increases above that amount.The percentage for allowable rent increases is the consumer price index(based on the annual rate of inflation) plus two per cent. This meansthat for 2004 landlords can give an increase of 4.6 per cent.

1. Notice of rent increaseYour landlord can raise your rent once a year, starting 12 months from theday you moved in and started paying rent. The landlord must give younotice in writing at least three full months before the increase starts. Forexample, if you pay rent on the first day of the month, your landlord mustgive you written notice by the last day of the month, three months beforethe increase takes effect. The notice has to be on a form called “Notice ofRent Increase” from the Residential Tenancy Office or should at least con-tain all the information which is on the “Notice of Rent Increase form”.

WRONG NOTICE PERIOD If your landlord gives you less thanthree full months notice, you can pay the old rent until three fullmonths have gone by. For example, if you normally pay rent on the 1stof the month, and the landlord gives you a “Notice of Rent Increase”on March 1st or later that month, you will start paying the increase onJuly 1st. Because the notice was served in the month of March, thatmonth does not count towards the three month notice period. Afterthat, you have to pay the increased rent. You should write a letter toyour landlord telling them the increase does not come into effectuntil three full months have passed. Tell them when you will startpaying the increased rent. Keep a copy of the letter.

If your landlord does not use the Notice of Rent Increase form, therent increase is not legal. In this case, you don’t have to pay the higher

6 RENT INCREASES

IN THIS CHAPTER

1 Rules for giving increases

2 Above guideline increases

3 Extra occupants

rent until your landlord gives you a legal notice. You should write thelandlord a letter telling them that the notice was illegal because it was notserved to you on the proper government form.You do not have to pay the increase:• if you have lived in your place less than a year• if the landlord tries to raise your rent more than once a year• if the notice is not on the proper form• if the landlord only tells you verbally that your rent is increasingIf your landlord does not give you proper notice, write a letter to thelandlord and say why you won’t pay the illegal rent increase. Alwayskeep anything your landlord gives you in writing and keep a copy ofyour letter.

SUBSIDIZED HOUSING Rules about rent increases may not apply tohousing operated by government and non-profit societies. Call the TenantHotline for more information.

2. Above guideline increasesChanges to the Residential Tenancy Act mean that tenants no longer havethe same rights to dispute rent increases. If the rent increase falls withinthe allowable percentage, it cannot be disputed. You do not have to payincreases higher than the allowable percentage, which is 4.6% for 2004,unless the increase is ordered by an arbitrator. If you agree in writing toa rent increase above the allowable percentage, the landlord does nothave to apply for arbitration. However, if you do not agree to the increase,the landlord must apply for arbitration.

REASONS FOR HIGHER RENT INCREASES The landlord mustapply for arbitration for a rent increase above the allowable percentage.The application fee landlords must pay is $200, and $5 for each addition-al rental unit. The landlord must justify, or prove, to the arbitrator whythe rent should be increased above the set amount. The arbitrator can:

• deny the application or order a smaller rent increase • phase-in a large rent increase over a period of time • order that the landlord obey certain conditions set out in an arbitra-

tor’s order

The law sets out several reasons why a landlord can apply for an increasehigher than the set amount, and the arbitrator must consider these reasons


which are set out in Section 23 of the Residential Tenancy Regulation. Tofind the Regulation on-line go to the B.C. Government website atwww.gov.bc.ca and type “Residential Tenancy Regulation” in the searchbar. Keep in mind that the Regulation is something different from the Act.You can also call the Tenant Hotline for more information.

If the landlord has applied for an above guideline increase, you havethe right to attend the arbitration hearing and present your side of thestory to the arbitrator. For example if you have a repair order and thelandlord has not done the repairs, you can present that as evidence.

3. Extra occupantsYou may be charged extra rent if you have additional occupants move inwith you after your tenancy begins. The landlord does not have to give youa rent increase notice if your rent goes up because you have additional peo-ple move in with you.However,your landlord can only raise your rent basedon additional occupants if your written tenancy agreement states howmuch your rent increases by the number of new occupants.

RENT INCREASES


ALWAYS:• remember that you have the right to receive 24 hours to 30

days written notice if your landlord wants to enter your place;• collect evidence if you suspect your landlord is entering your

place illegally. It can be difficult to prove in arbitration.

NEVER:• change your locks without your landlord’s permission or an

order from an arbitrator, unless it’s an emergency.

1. Privacy in your home

WHEN CAN A LANDLORD ENTER? You have the right to privacyin your home. In legal language, privacy is the right to “exclusive possessionand quiet enjoyment.” Your landlord is only allowed to enter your placeunder these circumstances:• An emergency, like a fire or flood.• Your landlord gives you between 24 hours and 30 days written notice,

saying exactly what date and time they want to come in, and giving youa good reason.

• Your landlord knocks on your door and you say it’s okay to come in. Butremember—you have the right to say no and ask for written notice.

• You tell your landlord they can come in for a certain reason.• You live in a hotel that has a cleaning service. The cleaner must enter at

a reasonable time.• Your landlord has an order from an arbitrator to enter your suite.• You have abandoned the place. (Phone the Tenant Hotline or the

Residential Tenancy Office for information on abandonment.)• The new Residential Tenancy Act allows the landlord to inspect the

rental unit once a month as long as you are given the proper notice.See Sections 28 and 29 of the RTA

NOTICE Written notice to enter your place must be served in accor-dance with the Residential Tenancy Act. If the landlord puts the notice inyour mailbox or mail slot it is not considered received until after 3 daysfrom the day it was delivered. If it was mailed, then it is not consideredreceived until after 5 days from when it was mailed. If you receive thenotice in person then the notice period begins when the notice is hand-ed to you.See Section 88 of the RTA

7 PRIVACY AND QUIET ENJOYMENT

IN THIS CHAPTER

1 Privacy in your home

2 Noise and disturbances

3 Locks and access

4 Guests

WHAT HOURS CAN YOUR LANDLORD ENTER? Unless you agreeto something else, your landlord can only come into your suite betweenthe hours of 8 a.m. and 9 p.m.

ILLEGAL ENTRIES If your landlord is entering your place illegally youshould talk to the landlord about your privacy and write a letter. Tell thelandlord that the law says you need at least 24 hours written notice ofentry and only for purposes allowed by the Residential Tenancy Act. Keepa copy of the letter. It is very important that you collect proof if you sus-pect that your landlord is entering your place illegally. This can be diffi-cult. It is best to have a witness to the illegal entry.

ARBITRATION FOR LOSS OF PRIVACY You can apply for arbitra-tion if the landlord interferes with you right to privacy. An arbitrator can:• Give you permission to change your locks and keep the only key. The

arbitrator can also order the landlord to pay for the cost of the new lock.• Allow the landlord to enter only under certain conditions.• Order the landlord to pay you money for the loss of your privacy.

2. Noise and disturbancesYou also have the right to quiet enjoyment. This means that the land-lord should not behave in a way that interferes with your daily use ofyour home, or allow other tenants or employees to unreasonably dis-turb you. Here are some examples of interference that could result inthe loss of quiet enjoyment:• The landlord constantly comes into your place.• The landlord allows other tenants to be very noisy late at night.Write a letter telling the landlord about the behaviour that is disturbingyou, and ask the landlord to stop it. Keep a copy of your letter.In some situations, you will want to call the police.There are ways to protect yourself from harassment:• If you feel uncomfortable, don’t let the manager or owner come into

your home without proper written notice. Make sure they have a goodreason for coming in. Phone the police if they force their way in.

• If the landlord or manager yells at you, end the conversation immediatelyand follow-up with a letter. Do not allow yourself to get into verbal con-frontations with the manager or landlord.



• Any time your landlord scares or insults you, write down the time, date,and exactly what happened. If you can, find witnesses who saw or heardthe harassment.

• If you have a problem with harassment, try to have a witness wheneveryou are dealing with the landlord or manager in person.

• If you are harassed by a manager, write a letter to the owner anddescribe the problem. Keep a copy for yourself.

HOW MUCH NOISE IS REASONABLE? The Residential TenancyAct does not say anything about noise. If you are disturbed by noise fromother tenants, call your municipality and ask if there is a noise by-law.You can also call the police if there is party or loud music disturbing you.

If your landlord enters your place illegally, you can ask for an arbitra-tion hearing. You will need proof of the illegal entry. For example, if afriend or neighbour saw your landlord making an illegal entry, ask themto be your witness. At the hearing, you can ask the arbitrator for permis-sion to change your locks and keep the only key (see Chapter 10Arbitration). You can also ask that the landlord pay for the new locks. Anarbitrator may or may not order that the landlord pay.

ARBITRATION FOR LOSS OF QUIET ENJOYMENT You canapply for an arbitration hearing at the Residential Tenancy Office if youwant compensation for the loss of your quiet enjoyment. You can applyfor compensation while you are living in your place, or up to two yearsafter you move out.

An arbitrator can order your landlord to pay you money for the lossof your quiet enjoyment. For example, you can claim for part of your rentback for the time that you lived with the interference. You can also claimfor aggravated damages if the behaviour was severe and the landlordallowed it to continue.

You will need to bring evidence of the behaviour that resulted in theloss of your quiet enjoyment. You can use friends and neighbours as wit-nesses. You can also use letters that you wrote to the landlord, audio andvideo tapes, and photographs. You need to be able to show that the land-lord was aware of the problem and chose not to do anything about it.

CAUTION! The law does not allow you to stop paying your rent becauseyou have a problem with the landlord or other tenants. Apply for arbitra-tion instead. Give proper written notice if you decide to move out. If youdon’t, you might have to pay money to the landlord.


3. Locks and accessYou or your landlord can’t change the lock on your door or to the buildingunless you both agree it is okay. In an emergency like a break-in, your land-lord can change the lock. They must give you the new key right away.

MOVING IN When you move into a place, you can ask the landlordto re-key or change the locks, if they haven’t already done so, to preventformer tenants or others with a key from coming into your home. Youshould write a letter to ask for the change of locks. If your landlordrefuses, you can apply to have an arbitrator order the landlord tochange the locks.See Section 25 of the RTA

LOCKOUT The landlord can’t change the locks because you haven’tpaid the rent. If your landlord locks you out, you can call the police orask for an arbitration hearing. At arbitration, you can ask for an orderthat will give you back possession of your place. You can also ask formoney back for the time you were locked out.

CHANGING LOCKS In an emergency, you have the right to changeyour locks as an emergency repair. For example, you may have a break-in, or the locks may have been broken when you moved in. You can takethe money you spent on the lock off your next month’s rent if you havefollowed all the rules about emergency repairs. (See the “EmergencyRepairs” section in Chapter 5.)

You might like to change your locks for personal reasons. In this case,you need the permission of the landlord. Make sure you get it in writing.You can also change your locks if an arbitrator gives you permission.

4. GuestsIt is your home and you have the right to have guests. Your landlord can’task you to pay extra rent because of your guests. However, your landlordmight object if your guests stay too long and appear to be living with you.In this case, the landlord might try to raise your rent or evict you.



ALWAYS:• take an eviction notice seriously and respond to it within the

time period required by law.

NEVER:• ignore an eviction notice even if it does not appear to be on

the proper form;• move out because you received a verbal eviction notice. The

landlord may later deny that you were evicted and say that youmoved without giving proper notice.

1. NoticeYour landlord can only evict you for certain reasons set out in law, andmust give you written notice. Landlords should use a form called “Noticeto End a Residential Tenancy”. On the notice, the landlord must provideinformation required by law, including reasons for the eviction and howyou can challenge the eviction. If the landlord does not use this form orprovide required information, the notice may not be legal. If you are notsure, check with the Residential Tenancy Office. Never ignore an evictionnotice, even if you think it is not legal.

CHALLENGING AN EVICTIONYou can challenge an eviction by applying for an arbitration hearing throughthe Residential Tenancy Office (see Chapter 10, Arbitration.) The evictionnotice must state the reason you are being evicted. Each type of eviction hasa different notice period to move out. There are time limits for applying tochallenge an eviction,so act quickly.Below are the types of evictions,reasons,and number of days you have to move out or challenge the eviction.

WHAT IF THE LANDLORD DOESN’T FOLLOW THE RULES?If the landlord just tells you to get out, or gives you a notice that is not onthe proper form, don’t ignore it. Write a letter to the landlord and say thatthe eviction is not legal. Keep the eviction notice and a copy of your letter.

2. Illegal activityUnder the new Residential Tenancy Act a landlord can evict a tenant forillegal activity. Depending on the severity of the illegal activity the land-lord may give the tenant a one month notice to move out, or may applyfor an arbitrator’s order to get the tenant out right away. A tenant doesnot have to be convicted or even charged with a crime to be evicted forillegal activity. The standard of proof for ending a tenancy for illegal

8 EVICTIONS

IN THIS CHAPTER

1 Notice2 Illegal activity3 Non-payment of rent: 10 day notice4 Cause: one month notice5 Change of use: two month notice6 Early eviction7 Challenging the eviction8 Order to move out www.tenants.bc.ca | 49

activity is the same as it is for ending the tenancy for cause. It is based ona “balance of probabilities.”What sort of illegal activities can a tenant be evicted for?Not just any illegal activity is grounds for eviction. In order for a landlordto end a tenancy due to illegal activity the illegal activity must:• cause or be likely to cause damage to the landlord’s property;• adversely affect or be likely to adversely affect the quiet enjoyment,

security, safety or physical well-being of another occupant of the resi-dential property;

• jeopardize, or be likely to jeopardize, a lawful right or interest of anotheroccupant or the landlord.

While not paying your income tax may be illegal, it would probably notbe grounds for eviction. However, running a marijuana grow operationclearly would be grounds for eviction based on the above requirements.For more information about illegal activity that would be grounds for aneviction call the Tenant Hotline.See Sections 47 and 56 of the RTA

3. Eviction for not paying rent• It is a 10 day notice• You have 5 days to apply for arbitrationYour landlord can evict you for not paying all or part of the rent. Yourlandlord must wait at least one day after the rent was due before givingyou an eviction notice.

If you get an eviction notice because you did not pay your rent, you havefive days to pay. If you pay all the rent within five days of receiving the evic-tion notice, the notice is cancelled and you can stay. Bring a witness or get areceipt to prove you paid the rent. If you don’t pay the rent within 5 days,you must move out at the end of the 10 days from when you received theeviction notice. The landlord can take you to arbitration to get back any rentyou owe. Being evicted for non-payment of rent does not mean that you donot have to pay the rent. Under the new Residential Tenancy Act, tenants canno longer apply for arbitration for an extension of time to pay rent, exceptunder very limited circumstances. Personal hardship is not a reason formore time.See Section 46 and 66 of the RTA

4. Eviction for cause• It is a one month notice• You have 10 days to apply for arbitrationThe reasons for a one-month eviction are listed in Box 2 under “Reasonsfor Notice” on page 2 of the Notice to End a Residential Tenancy form.The most common reasons for a one-month eviction notice are:• disturbing your neighbours;• repeatedly paying your rent late;• seriously damaging your place or the building;• not fixing damage done by you or your guests within a reasonable time;• causing danger to your neighbours, landlord, or landlord’s employees;• too many people living in your place;• illegal activity that adversely affects the landlord, building or other

occupants of the building;• breaking a rule in your tenancy agreement and ignoring a written

warning from your landlord.There are other reasons for a one-month eviction. Read the noticeform carefully. You can fight this kind of eviction notice. If your landlordisn’t telling the truth, or if you think the situation is not serious enoughto evict you, you can ask an arbitrator to overturn the eviction notice.Youmust apply for an arbitration hearing within 10 days of receiving thenotice (see Chapter 10, Arbitration.)

If you decide not to fight the eviction, you have one full month (up tothe last day of the month following the month you got the notice) beforeyou must move out. Sometimes a landlord puts the wrong date on aneviction notice. If you aren’t sure when you must leave, phone the TenantHotline or the Residential Tenancy Office.See Sections 47 and 48 of the RTA

5. Eviction for “change of use” of property• It is a 2 month notice• You have 15 days to apply for arbitrationEven if you never had a problem, your landlord can evict you becausethey want to use the property. The reasons for a two-month eviction arelisted in Box 3 under “Reasons for Notice” on page 2 of the Notice to Enda Residential Tenancy form.


EVICTIONS

The most common reasons for a two-month eviction notice are:• the landlord or the landlord’s children or parents want to move in;• your place was sold and the new owner wants to move in;• the landlord wants to demolish the building;• the building is being converted to condominiums;• the landlord wants to renovate your place, and needs the place to be empty.There are other reasons for a two-month eviction. Read the notice formcarefully. This kind of eviction notice gives you two full months beforeyou must move out. To fight it, you must apply for an arbitration hearingwithin 15 days of receiving the notice (see Chapter 10, Arbitration.)See Section 49 of the RTA

YOU CAN GIVE SHORT NOTICE Because it isn’t your fault if you’reevicted for “landlord use”, the law allows you to give short notice to yourlandlord.You can move out with a minimum of 10 days notice if you findanother place before the two months are up. Put your notice in writing.Sign and date the letter to your landlord, and include your currentaddress. Keep a copy of the letter. When you give short notice, you onlyhave to pay for the days that you actually live there (a minimum of 10days). If you already paid the full month’s rent, your landlord has to payyou back for the days you didn’t live there.

LEASE If you have a lease (also called a fixed term tenancy agreement),you cannot be evicted for landlord use before the lease runs out.

MOVING EXPENSES If you are given an eviction notice for “landlorduse” you are entitled to one month’s rent as compensation from you land-lord. The landlord must pay you this money before the day you arerequired to move out as stated on the notice.

IF THE LANDLORD DOESN’T DO WHAT THE NOTICE SAIDIf the landlord does not use the property for the reason stated on the evic-tion notice, you can ask for compensation. For example, your landlordmight evict you because their immediate relative is moving in, but lateryou find out that the relative didn’t move in. If for at least six months afteryou moved the place was not used for the purpose stated on the notice,the landlord owes you the equivalent of double your monthly rent.

PERMITS If your landlord wants to evict you to demolish, renovate orconvert your place to another use, they must already have permits fromthe city. Your municipal hall can tell you which permits your landlord

needs, and whether your landlord has them. Some cities and towns havespecial rules if a landlord wants to evict you to demolish the building.The landlord may also need a permit to evict you for renovations orconversion. You can check this with City Hall.

6. Early evictionIn special cases, your landlord can evict you in a hurry (like in a fewdays.) But the landlord can only do this if you cause an extremely seriousproblem; for example,• threatening or beating up other tenants;• doing very serious damage (trashing a place);• putting your landlord or other tenants in danger (like starting a fire in

your suite);• illegal activity that poses an immediate risk to the landlord, building or

other occupants.Your landlord must have an order from an arbitrator to evict you in thisway. You will receive a notice of the arbitration hearing. You must go tothe hearing if you want to fight the eviction. The landlord does not haveto give you an eviction notice before applying for arbitration.See Section 56 of the RTA

7. Challenging the evictionTo fight an eviction, you must apply for an arbitration hearing throughthe Residential Tenancy Office, Government Agent, or B.C. AccessCentre (see Chapter 10, Arbitration.) There are very short time limits forapplying, so act quickly if you get an eviction notice. For informationabout preparing for arbitration, phone the Tenant Hotline:Vancouver area (604) 255-0546Outside Vancouver Area 1-800-665-1185

8. Order to move outIf the arbitrator doesn’t cancel your eviction notice, the arbitrator mustgrant the landlord an order of possession and you must move out bythe date on the eviction notice. The landlord can also apply for an orderof possession if you do not dispute the eviction notice within theallowed time period.

If the arbitrator grants the Order of Possession, your landlord mustfile it with the B.C. Supreme Court. The Supreme Court will then give


EVICTIONS

your landlord a “Writ of Possession”. The Writ allows your landlord tohire a bailiff to remove you and your belongings. This can happen veryfast, even in a day or two.

If a bailiff takes your things you may have to pay all the money you oweyour landlord, plus the bailiff ’s fees, before you get anything back. Don’ttake chances—at the end of your notice period, make sure you’re out!

Remember: Only a bailiff with a Writ of Possession can remove you andyour belongings. Your landlord can’t throw you out or lock you out. Eventhe police can’t throw you out. The landlord cannot take your furnitureor belongings because you haven’t paid the rent. A bailiff is a companythat has a contract to enforce court orders. In some small towns policecan act as a bailiff.


EVICTIONS

SAMPLE NOTICE TO END TENANCY

ALWAYS:• consider the consequences, before breaking a lease;• complete a move-out condition inspection report with

your landlord;• give a forwarding address where your security deposit can

be sent.

NEVER:• move without giving at least one full month’s written notice if

you have a month-to-month tenancy agreement.

If you plan to move out, you must give at least one full month’s writtennotice to your landlord. (See “giving notice” below.) You must also cleanyour place and repair damage caused by you or your guests before youmove. You cannot use your security deposit to pay part of the last month’srent, unless the landlord agrees in writing. The new law requires that youmust move out by 1 p.m. on the last day of your tenancy (usually the lastday of the month), unless you and your landlord agree on some other time.Check to see if a move-out time was written in your tenancy agreement. Ifit was, then you must move out by that time.

1. Giving noticeThe landlord must receive your notice no later than the day before your rentis due. For example; if you pay your rent on the first of the month and youare moving on May 31, your notice must be received on or before April 30.Your notice must be in writing. Include your name and address, and thedate you are moving out. Sign and date your letter. Keep a copy for yourself.

TAKING BACK YOUR NOTICE If you have given written notice thatyou are moving, and the landlord learns that you will not move on theday that you said you would, the landlord can apply for an order to takepossession of the place on the day you were supposed to move. In otherwords, you can’t give notice that you are moving and then change yourmind unless the landlord agrees in writing to let you stay.

SHORT NOTICE If you don’t give your landlord one full month’s noticein writing, and your landlord can’t find a new tenant right away, youcould lose money.Your landlord could keep your security deposit or eventry to make you pay the next month’s rent. If you are breaking a lease,you could be responsible for rent until the landlord re-rents the place orthe lease ends.

9 MOVING OUT

IN THIS CHAPTER

1 Giving notice

2 Breaking a lease

3 Cleaning and move-out inspection


SERVING NOTICE The landlord can be the owner, or the manager ofyour building, or even another tenant renting to you. There are differentways to serve the notice to your landlord that you are moving:

1. IN PERSON—Give the notice to the landlord at home or at the placewhere he or she carries on business as a landlord. You can also give thenotice to an adult that lives with the landlord, or you can give the noticeto the landlord’s agent.

Bring a witness who has read the notice with you.Write down on yourcopy of the notice the time, date and place where you delivered it, and getyour witness to sign it. Do not give the notice to a child. Make sure youhave a witness. The law says the notice is received the same day if youdeliver it in person.

2. POST THE NOTICE—To post the notice, attach it in a visible spot atthe landlord’s home, or the place where he or she carries on business as alandlord. For example, you can tape the notice to the door. Bring a witnessso you can prove the date that you posted the notice. Ask your witness toread the notice before you deliver it. Do not slide the notice under thedoor. The law says the notice is received on the third day after you post it.

3. MAILBOX OR MAIL SLOT—Put the notice in the mailbox orthrough the mail slot. Bring a witness so you can prove the date that youdelivered the notice. Ask the witness to read the notice before you deliverit. The law says the notice is received on the third day after it is left.

4. FAX—You can serve your notice by fax if the landlord has provided youwith a fax number for sending notices or documents. Keep the transmittalprint-out that confirms the date that the fax was received. The law says thenotice is received on the third day after you fax it.

5. MAIL—You can mail your notice by regular or registered mail. If youwant proof that the landlord received your notice, send it by registeredmail. The post office will give you a receipt to prove that you mailed yournotice. The law says the notice is received on the fifth day after you mailit, so make sure you give yourself enough time.

2. Breaking a leaseA lease, also called a fixed term tenancy, says how long you will live in theplace. There are two kinds of leases:

1. Lease with a “move out” clauseIf your lease (also called a fixed term tenancy agreement) says you haveto move out when the lease ends, you might not get any other noticefrom your landlord. If you want to stay, you must sign a new agreementwith the landlord.

2. Lease without a “move out” clauseA lease that says you have to stay for a minimum length of time (usuallyone year), but doesn’t give a date when you must move out. This type ofagreement lets you stay on after the lease ends and rent month-to-month.If you want to move on the date that your lease runs out, you must give afull month’s notice in writing to your landlord. (See Chapter 2 for moreinformation about leases.)

BREAKING YOUR LEASE If you move out before the end of yourlease (“break your lease”) without finding someone to take it over, yourlandlord can require you to pay the rent until another tenant moves in.You may be able to challenge this, if the landlord is not trying to findanother tenant. Give as much notice as possible, in writing.

CHARGES FOR BREAKING A LEASE If you move before your leaseends, you could be responsible for your landlord’s advertising and admin-istrative costs to find another tenant. This charge is called “liquidated dam-ages”. The amount should be reasonable. Keep in mind that in addition toliquidated damages, you are responsible for rent until the place is re-rent-ed or your lease ends.

FINDING SOMEONE TO TAKE OVER YOUR LEASE If you needto break a lease that runs for six months or more, you can find a new tenantto take your place. If you want to leave your home and not come back, youcan “assign” it to another tenant. In this case, the assignee becomes responsi-ble for the remainder of your lease. However, you may still be held responsi-ble if the assignee does not carry out the terms of the agreement.

If you want to leave your home and come back to it later, you can “sublet”to another tenant.You will be responsible for the place while you are away.

You can only assign or sublet with your landlord’s permission. The land-lord can’t be unreasonable or unfair in refusing permission. Get permissionin writing. If the landlord won’t give permission, you can go to arbitration(see Chapter 10, Arbitration.)


MOVING OUT


MOVING BECAUSE OF REPAIR ISSUES You may be in a situationwhere you are frustrated that repairs are not being done and you want tomove.You should still give your landlord proper notice or else you might becharged for the next month’s rent in addition to your landlord’s cost of re-renting the place. If you are breaking a lease, then you may be charged evenmore. You have the right to apply for arbitration if there are repairs thatneed to be done (see Chapter 10, Arbitration.)

WHEN PROBLEMS ARE SO SERIOUS YOU CAN’T STAY Underserious circumstances you can move with short notice because the land-lord has breached a material term in your tenancy agreement.You need toserve your landlord in the proper form and state the reason why you areending your tenancy (see Section 45(3) and 52 of the RTA.) Keep in mindthat the Residential Tenancy Act does not define “material term” because aterm could be material in one agreement and not another. If you end youragreement because you say the landlord breached a material term, youneed to be prepared to convince an arbitrator that as a result of the breachthe tenancy could no longer continue. Call the Tenant Hotline or theResidential Tenancy Office for more information.

3. Cleaning and move-out inspectionYou must leave your place clean when you move out.You are responsible forthe cost of repairing damage caused by you or your guests. The landlord isresponsible for normal wear-and-tear. If something wears out over monthsor years of normal use, you may not have to pay for it. Usually, you don’thave to paint walls even if there are small nail holes.You might have to cleanyour carpets or drapes, depending on how long you have lived there andwhether you had pets or smoked in the place. You are responsible for anydamage that has occurred since you did your move-in inspection report.

IF YOU DIDN’T DO A MOVE-IN INSPECTION If you moved intoyour place, or began keeping a pet, after January 1, 2004, you and your land-lord should have completed a condition inspection report. However, even ifyou moved in before this date you have to do an inspection report whenyou move out. While you won’t have a move-in report to compare yourmove-out report to, at least you and the landlord will have documented thecondition of the place in case you need to go to arbitration.You do not haveto agree with the landlord on the report, but you must still participate.

GETTING YOUR SECURITY DEPOSIT BACK You have the right to

get your full security and pet damage deposit back, unless there is dam-age, you didn’t participate in the condition inspection reports, you owerent or utility payments, or you left the place dirty.You must provide yourlandlord with a forwarding address where your deposit can be sent to.You cannot use your deposit to pay part of the last month’s rent, unlessthe landlord agrees in writing. (See Chapter 4, Deposits and Other Fees.)

ARBITRATION If you want to claim money that you feel the landlordowes you in addition to your deposit, you can apply for arbitration. Forexample, you can make a claim for compensation for the time that youlived with a serious repair problem.Arbitration is also a good choice if youthink the landlord will make a claim against your deposit once you makea claim to get it back. There is a $50 filing fee, which may be waived if youhave low income. For claims over $5,000 the filing fee is $100. (See Chapter10, Arbitration.)

LANDLORD’S CLAIM The landlord can apply for arbitration toclaim money from the deposit for things like cleaning, damage orunpaid rent. Once you give your landlord a notice of arbitration to getyour security deposit back, your landlord might “counter-claim”. Thelandlord must give you notice of the arbitration hearing, so you can goand tell your side of the story. The landlord has two years from thedate you moved out to make a monetary claim against you.


MOVING OUT

ALWAYS:• apply for arbitration within time limit;• be prepared when you go to apply for arbitration with your

landlord’s proper legal name and address and the filing fee;• make sure that your application form is complete and that you

submit your evidence before the hearing;• get more information if you are not sure about how to proceed.

NEVER:• show up late or miss an arbitration hearing altogether. You may

not get a second chance;• ignore a notice to attend an arbitration.

1.What is arbitration?Tenants in B.C. are protected by the Residential Tenancy Act. This is thelaw that makes rules for tenants and landlords.You may be able to use theAct to deal with problems you have with your landlord, by going to arbi-tration. An arbitration hearing is like a landlord-tenant “court”. You canask an arbitrator to interpret the rules in the Residential Tenancy Act. Forexample, you can ask for repairs, or dispute an eviction notice. Most arbi-tration hearings are held in person at the Residential Tenancy Office.Some are held over the phone. At the hearing, you can present evidence,and bring witnesses. The arbitrator will decide what to do about theproblem, based on an interpretation of the law and your evidence. Youand your landlord must obey the decision.

RULES AND PROCEDURES Arbitration rules of procedure are postedon the Residential Tenancy Office website at www.pssg.gov.bc.ca/rto/leg-islation/index.htm. These rules can give you an idea of how the hearing isconducted. It is also useful to look at the Interpretation Guidelines on thatwebsite. The Guidelines help explain what is meant by certain parts of theResidential Tenancy Act and are meant to assist arbitrators in makingtheir decisions.

TIME LIMITS You must apply for arbitration within a certain numberof days if you are responding to a notice from your landlord. For exam-ple, you only have a few days to challenge an eviction notice. The timelimits for arbitration are written on the notices the landlord gives you.If you don’t know how much time you have to apply for arbitration,immediately take the notice to the nearest Residential Tenancy Office,Government Agent or B.C. Access Centre.

10 ARBITRATION

IN THIS CHAPTER

1 What is arbitration?2 How to apply3 Group arbitrations4 Preparing for a hearing5 At the hearing6 Decision7 Review of a decision


2. How to apply

WHERE DO I APPLY If you live close to a Residential Tenancy Office,You can go there. If there is no office in your area, you can go to yournearest Government Agent or B.C. to apply for arbitration. To find thenearest office, look in the blue pages of your phone book under“Government of British Columbia” or phone Enquiry B.C.

FEE It costs $50 to apply for an arbitration hearing unless you are claim-ing an amount over $5,000 in which case it is $100. You can pay in cash,certified cheque or money order made out to: Minister of Finance. If youwin your case, the arbitrator can order the landlord to pay you back thefee if you request so on your application.

If you have a low income, you can ask for a fee waiver so you don’thave to pay.You need to fill out a form called “Application to Waive FilingFee”. Bring proof of your income, and be ready to give information aboutyour income and expenses.

THE APPLICATION FORM You must fill out a form called“Application for Arbitration”. When you are applying for arbitration, youare the “applicant” and your landlord is the “respondent”. On the form,you must write the address of your place where you had the problem.Youalso need the legal name and the address of the owner of the property. Ifyou don’t know who the owner is, you can go to the B.C. AssessmentAuthority or do a title search at the Land Title Office. To find the nearestoffice, look in the blue pages of your phone book, or phone Enquiry B.C.

You need to write down a code which represents the section of theResidential Tenancy Act that deals with your problem. The codes thatyou can use are listed on the second page of the application form. Thearbitrator will only deal with sections of the law that you write down onthe form. You also need to write down details of the problem for eachsection. For example, if you are applying to get your security depositback you need to write down the code “SD” and indicate the amount ofyour deposit. Then on the next line below you should write down thecode “MN” and claim for the amount of your deposit again. The reasonfor this second claim is because your landlord illegally withheld yourdeposit which means you are entitled to receive double.

If you paid the $50 filing fee, check off the box that says “Yes”, whereyou request the fee back from your landlord. Include copies of evidenceyou will use in the hearing with the application. You can also provide it

later, as long as you give copies to the landlord and arbitrator at least twodays before the hearing.

SERVING NOTICE TO YOUR LANDLORD The Residential TenancyOffice will give you a package of documents once you apply for arbitra-tion. The package will include the date of your hearing, important infor-mation about serving documents and include extra copies of the docu-ments for the landlord. You must serve the documents to your landlordright away. There are two ways to serve the documents:

In person. Bring a witness who has read the documents when yougive them to the landlord. You must give the documents to the landlordwithin three days.

Send by registered mail. Keep the receipt from the post office toprove you sent the notice. Mail the documents to the landlord as soon asyou receive them.

3. Applying for arbitration as a groupIf you and your neighbours have the same problem with the same land-lord, the law says you can apply for arbitration as a group. For example,if several tenants have a problem with the heating in a building you canall apply for a repair and service order together. Tenants who apply forarbitration as a group will have to pay the $50 filing fee plus $25 for eachtenant who joins the application. Only one arbitration hearing will beheld. Not everyone in the group will need to attend the hearing. To apply,you and your neighbours need to fill out forms available from theResidential Tenancy Office.

Each tenant must fill out an “Application for Arbitration”. Everyone inthe group will also need to sign a form called “Tenants’ Request to JoinApplications for Arbitration”. If your group decides to have one personrepresent everyone at the hearing, you all need to sign another formcalled “Tenants’ Agent Agreement”. If the group is responding to a noticefrom the landlord (for example, a “Notice of Rent Increase”), each tenantneeds to provide a copy of the notice they received. Call the ResidentialTenancy Office or the Tenant Hotline for more information.

4. How to prepare for a hearingYou can represent yourself at the hearing. You need to present evidenceto the arbitrator to tell your side of the story. Your landlord can alsopresent evidence. The arbitrator will make a final decision based on this


ARBITRATION


evidence, so it’s important to prepare your case well and have all yourevidence with you.

GETTING HELP Government cutbacks to legal aid mean that you canno longer receive legal aid representation for arbitration hearings. Manycommunity groups have also had to cut back services. See the back of thisguide for groups that are still helping tenants at arbitration hearings. Youmay need to be prepared to represent yourself at a hearing. If you aren’tfluent in English, you can bring someone to the arbitration hearing tointerpret for you. The interpreter can be a friend.

GETTING ORGANIZED Make a list of the most important points youwant to make at the arbitration hearing. Organize these points in theorder that they happened.

GETTING EVIDENCE If you have witnesses, it is best if they come tothe hearing. If they can’t come in person, get a sworn statement. This isyour witness’ description of what happened, sworn before a lawyer orNotary Public. This will cost you money.

If your hearing is held over the telephone, your witnesses can participate.Give the names and phone numbers of your witnesses to the ResidentialTenancy Office before the hearing. Make sure you talk to your witnessesbefore the hearing. They need to know what questions you are going to askthem. And you need to know what answers they are going to give!

You can also bring letters, receipts, photographs, audio and videotapes to the arbitration hearing. If you need equipment to play a video oraudio tape, you must tell the Residential Tenancy Office in advance. Youshould provide copies of your papers and photographs to the ResidentialTenancy Office and landlord at least two days before the hearing. (If thehearing will be held by phone, you must send copies of your evidence tothem in advance.) Your landlord must do the same. If your evidence isonly made available at the hearing, the landlord can ask for the hearingto be held at a later date. The arbitrator may refuse to consider evidencebrought at the last minute.

PRACTICE PRESENTING YOUR CASE Once you have gathered thefacts and evidence, practice telling your side of the story. Present yourcase to a friend who can ask questions if some of your points are confusing. You may need to explain something in a different way tomake your point clear.

EXAMPLES OF ARBITRATION DECISIONS Most arbitration deci-sions are not made public. The Residential Tenancy office keeps examplesof decisions for public viewing.You can ask to see them. This may give youan idea of what to expect at your hearing.

5. At the hearing

BRING ALL YOUR EVIDENCE This includes your tenancy agreement,letters, notices, photographs, receipts and witnesses. Make sure your papersare in the order you want to present them. Bring two extra copies of thepapers and photographs, if you haven’t already provided your evidence tothe arbitrator and landlord. (If the hearing is on the phone, you must sendcopies of the papers and photographs to both of them in advance.) If theydon’t have this information, the hearing may be put off to another date, ormay be held without the evidence. Give copies of your written evidence tothe arbitrator and landlord at least two days before the hearing, if you can.

KEEP YOUR ANSWERS SHORT AND TO THE POINT You shouldonly talk about things related to your case. For example, if you are tryingto get your damage deposit back, don’t bring up your rude neighbours.

ONLY TALK ABOUT WHAT YOU KNOW FOR SURE It’s okay tosay that you don’t understand a question. It’s also okay to say that youdon’t know or that you’ve forgotten something. Just tell the truth, anddon’t make guesses.

WAIT YOUR TURN If your landlord is talking to the arbitrator first,you can write down any questions you may want to ask. When it’s yourturn, you can make your points.

DON’T GET MAD Even if you think your landlord is rude or lying, try tostay calm. Don’t interrupt. Your behaviour in the hearing can influence thearbitrator’s decision.

TAKE AN INTERPRETER If you have trouble speaking or understand-ing English, bring a friend who can interpret for you.

DON’T BE LATE! Arbitration hearings are usually very brief. If you’relate, they will start the hearing without you.

6. The DecisionIf an arbitrator decides in your favour, the landlord must obey the deci-sion. If the landlord ignores the arbitrator’s order, you should contact


ARBITRATION

the Residential Tenancy Office. In some cases, you may need to go backto arbitration. For example, if the landlord ignores an order to dorepairs, you will need the arbitrator’s permission to take money off yourrent to pay for repairs.

COLLECTING MONEY FROM THE LANDLORD You could beawarded money back from your landlord at the arbitration hearing, butyour landlord might not pay you. You should write to your landlordenclosing a copy of the arbitrator’s order, and asking them to pay. Anarbitrator’s order is as serious as any court order. If they don’t pay, youcan file the arbitrator’s order at the Small Claims Division of theProvincial Court. (Look in the blue pages of the phone book under“Court Registries.”) The court staff will explain your options after youhave filed the order.

MISTAKES IN THE ARBITRATOR’S DECISION You can ask anarbitrator to correct a mistake in the decision within 15 days of receiv-ing it. For example, if you won at arbitration but there is no mentionof getting your $50 filing fee back, it may be a mistake. You can alsoask for reasons for the decision, if they are missing or not clear. Youmust fill out a form at the Residential Tenancy Office called “Requestfor Correction or Clarification”.

7. Review of an arbitration decisionIn some cases, you may be able to get an arbitrator’s decision reviewed.(This is not an appeal.) You cannot apply for another arbitration hear-ing because you didn’t like the decision.

REASONS FOR REVIEWYou can apply for review at the Residential Tenancy Office for thefollowing reasons:• You could not attend the original arbitration hearing because some-

thing happened that you did not expect and was beyond your control.For example, your car broke down on the way to the hearing or you hada medical emergency. You will need evidence, such as a receipt from atowing company or a note from a doctor.

• You have new evidence that was not available when the original arbitra-tion hearing was held. The evidence must be related to the issues beingraised in the hearing. For example, you applied for a repair order and abuilding inspector’s report was only available after the hearing.


• You have evidence that the arbitrator’s decision was obtained by fraud.When a person lies to the arbitrator, this is called fraud.You must provideproof of the fraud and show how it influenced the arbitrator’s decision.

• If you don’t meet the grounds for review at the Residential TenancyOffice, you may be able to apply for a Judicial Review at the SupremeCourt of B.C.

WHERE DO I APPLY? You can apply at the Residential TenancyOffice. If there is no office in your area, you can apply through theGovernment Agent, or Access Centre close to where you live (look in theblue pages of the phone book, under “Government of B.C.”)

FEE Applying for a review of an arbitrator’s order will cost you $25. Ifyou didn’t have to pay a fee for your original arbitration hearing, youwon’t have to pay a fee for the review hearing, either.

THE APPLICATION FORMYou must fill out a form, called “Applicationto Review Arbitrator’s Decision or Order.”An information officer with theResidential Tenancy Office can explain the form, or you can call theTenant Hotline for more information. It is important to fully answer thequestions on the application and provide evidence of your reasons forwanting a review.

TIME LIMITSYou need to apply for a review:• within 2 days of the date you received an arbitrator’s decision for early

termination or an order of possession, or an order regarding assigningor subletting a tenancy, or a landlord’s notice to end a tenancy for non-payment of rent.

• within 5 days of the date you received an arbitrator’s decision for arepair, or for a notice to end the tenancy

• within 15 days of the date you receive an arbitrator’s decision for anyother type of arbitration hearing

If your application is submitted after the deadline, the arbitrator willdecide whether or not to accept it.

WHO WILL LOOK AT MY APPLICATION? Usually, the arbitratorwho made the original decision will read your application and decide ifyou meet the grounds for review. The arbitrator will consider only yourapplication, new evidence that you provide, and the records from the orig-inal arbitration hearing. You won’t be able to speak to the arbitrator about

ARBITRATION

your application. The arbitrator can refuse your application if you do nothave grounds (good enough reasons) for review.

WHAT HAPPENS TO THE ORIGINAL DECISION? Applying forreview does not automatically stop the decision. The arbitrator maydecide to suspend the original decision until the review is complete. Thiswill stop the landlord from enforcing the arbitrator’s order. For example,if the original decision was to end your tenancy, the arbitrator may allowyou to stay in your place until the review is complete.

SERVING NOTICE TO YOUR LANDLORD If the arbitrator approvesyour application, you will receive written notice that there will be a review.You must deliver the notice about the review within three days. There aretwo ways to serve the notice:• In person. Bring a witness who has read the documents when you give

them to the landlord. You must give the documents to the landlordwithin three days.

• Send by registered mail. Keep the receipt from the post office toprove you sent the notice. Mail the documents to the landlord as soonas you receive them.

WHAT THE ARBITRATOR CAN DOThe arbitrator reviewing the decision can:• make a decision based on the written material, like your application,

new evidence and written statements provided by you or your landlord• suspend the original decision until the review is complete• hold another hearing where you and your landlord are asked to participate

JUDICIAL REVIEW AT SUPREME COURT You can ask for a reviewof the arbitrator’s decision at a Judicial Review at the Supreme Court ofB.C. This is your only option for review if:• your case does not meet the grounds for review of an arbitrator’s decision

provided by the Residential Tenancy Office, or,• you want to challenge an arbitrator’s decision resulting from a review.• You will probably need a lawyer to represent you in a Judicial Review.

It costs money to apply unless you are low-income. If you lose, thecourt could order you to pay the landlord’s legal costs. Get legaladvice before applying for Judicial Review.


HOUSING ALTERNATIVES• BC Housing—subsidized housing information (604) 433-2218;

call collect outside the Lower Mainland• Co-operative Housing Federation of B.C. (604) 879-5112

GOVERNMENT AND LEGAL SERVICES• Enquiry B.C. Vancouver (604) 660-2421

1-800-663-7867 (outside of Greater Vancouver)• B.C. Human Rights Coalition Vancouver (604) 689-8474

1-877-689 8474 (outside of Greater Vancouver)• Vancouver Property Use Inspector (604) 873-7398

Repairs, heat, fire safety, City of Vancouver only.

Government AgentIf there is no Residential Tenancy Office where you live, call Enquiry B.C. tobe connected to a government agent’s office in your area.Residential Tenancy Office• Greater Vancouver (604) 660-3456• Victoria (250) 387-1602• Kelowna (250) 717-2000• Province-wide 1-800-665-8779For more information on arbitration, or to download forms or to calculateinterest on security deposits go to www.pssg.gov.bc.ca/rto.Law Line, Legal Services SocietyFree legal information and advice over the phone.• Lower Mainland (604) 408-2172 press “7”• Outside Lower Mainland 1-866-577-2525 press “7”

ADVOCACY AND REFERRAL SERVICES

Greater Vancouver area• BC Coalition to Eliminate the Abuse of Seniors (604) 437-1940, or

1-866-437-1940Non-profit organization working to eliminate the abuse of seniors.

• Downtown Eastside Resident’s Association (DERA) (604) 682-0931Advocacy services for residents of the Downtown Eastside.

• Downtown Eastside Women’s Centre (604) 681-8480, ext. 221 Drop-in centre and basic needs services; as well as mental health andlegal advocacy, victim services and outreach services.

OTHER RESOURCES

• First United Church (604) 681-8365, press 2 Advocates assist people in the Greater Vancouver area with a variety ofissues including welfare, tenancy, EI, and disability.

• Law Students Legal Advice Program (604) 822-5791Legal advice and information in the Lower Mainland for people whocan’t afford a lawyer.

• Seniors Housing Information Program (604) 520-6621Information on housing and benefits for seniors.

• St. Paul’s Advocacy (604) 683-4287 Provides information and advocacy on tenancy issues.

• The Kettle (604) 253-0669 Provide assistance for people with mental health disabilities with arange of tenancy matters including representation at arbitration.

• Wilson Heights United Church Advocacy Office (604) 325-9944Provides community advocacy.

Victoria area• Burnside Gorge Community Association (250) 388-5251

Provides support, information, referrals, advocacy and assistance withbasic needs to families in housing crisis.

• James Bay Community Services (250) 388-7844 or (250) 388-7856Community advocacy.

• The Law Centre (250) 388-4516 Legal aid and legal information.

• Together Against Poverty Society (250) 361-3521 Advocacy for tenants who are having disputes with their landlord.

• Victoria Native Friendship Centre (250) 384-3211 Housing advocacy for homeless First Nations people as well as informationand guidance about rentals, tenant rights, referrals, supportive resourcesand practical living skills.

• Victoria Status of Women Action Group (250) 383-7322 Second stage housing transition project for First Nations women with children.


Across the province

• 100 Mile House & District Women’s Centre Society (250) 395-4093Women’s centre and community advocacy program

• Campbell River—North Island Advocacy Coalition (250) 830-1171Help with tenancy issues including representation at arbitration.

• East Kootenays (Cranbrook)—Traveling Advocate Program (250) 426-4293Advocacy for people on welfare and people with disabilities.

• Hazelton—Upper Skeena Counselling and Legal Assistance Society(250) 842-5218

• Kelowna—Central Okanagan Mental Health Advocate (250) 470-2881Community-based advocacy program for individuals with serious andpersistent mental illness.

• Lumby—North Okanagan Community Response Advocacy Project(250) 547-6127 Provides volunteer advocacy support for low income people in need ofwelfare, housing and other issues.

• Nelson—The Advocacy Centre (250) 352-5777 Poverty and family law, victim services, affordable housing and child protection.

• Penticton—Penticton and Area Women’s Centre (250) 493-6822• Port Alberni—Port Alberni Friendship Centre (250) 723-8281

Legal information and advocacy for tenants.• Prince George—Active Support Against Poverty (250) 563-6112

Provides advocacy, employment and referral services to financially poor individuals.

• Prince George—Prince George Native Friendship Centre (250) 564-3568• Richmond—Richmond Women’s Resource Centre (604) 279-7060• Terrace—Terrace Anti-Poverty Group (250) 635-4631

Welfare and tenancy advocacy for low/fixed income residents.• Williams Lake—Women’s Contact Society (250) 392-4118

Women’s centre, but also provides advocacy to all members ofthe community.

OTHER RESOURCES

INDEX

adult only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .09allergies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64application fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09Application for Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63-70

group hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65by telephone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66how to prepare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65-67fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

arbitrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 63arbitrator’s decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

bailiff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

carpet cleaning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60cheques . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09city hall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34city inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34cleaning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

when you move out . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34, 61condition inspection report . . . . . . . . . . . . . . . . . . . . . 17, 21-24collecting money from your landlord . . . . . . . . . . . . . . . . . . . . 68co-operative housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 08credit checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09

damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60damage deposit (see security deposit) demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51, 52discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09documents for arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67dogs, (see pets)


Early Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53emergency repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35eviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49-54

the proper form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49reasons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50-53how, when and where to fight . . . . . . . . . . . . . . . . . . . . . . 53

extra fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28

fixed term tenancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16foreign students (see visiting students)forwarding address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

government agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64guests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46guide dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44health and safety laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31, 34heat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35hotel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 08hydro . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

illegal activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49, 50illegal suites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18, 34interest on security deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

judicial review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

keys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46deposits for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27, 28

landlord entering your place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44new landlord . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

A

BC

D

E

F

G

H

I

J K

L

collecting money from a landlord . . . . . . . . . . . . . . . . . . 68landlord use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51, 52lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 58-59

lease breaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58-59liquidated damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59locks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35, 44, 46

manufactured homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 08mice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34mobile homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 08money order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17month-to-month tenancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17moving expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

non-profit housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 08notices

eviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49moving out . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57rent increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39landlord entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Notice to End a Tenancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49Notice of Rent Increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Order of Possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

painting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32pets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

pet deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43-44

when the landlord can come in . . . . . . . . . . . . . . . . . 43, 44guests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46changing locks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

property use inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

receipts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17


renovations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52rent

when to pay it . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17reasons not to pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40using rent money for repairs . . . . . . . . . . . . . . . . . . . . . . . 32

rent increases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-41repairs

who is responsible . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31-32getting them done . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-34Emergency Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Residential Tenancy Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 63Residential Tenancy Office . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 63

regional offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

judicial review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70rooming house . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 08

security deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17,27-29amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27getting it back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

services if the landlord takes them away . . . . . . . . . . . . . . . . . . . . 32

shared housing (see roomates) Small Claims Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68smoking, (see allergies) Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

tenancy agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13written or verbal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-15illegal parts of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15month to month agreement lease, or fixed term agreement . . . . . . . . . . . . 16-17, 58-59your right to get a copy . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

tenant definition under Residential Tenancy Act . . . . . . . . . . . . . 08

termination (see eviction)

M

N

OP

R

S

T

utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

visitorsVancouver by-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34visiting students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10visitors (see guests)

witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24, 66Writ of Possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53


NOTES


UV

W

© 2004 Tenants Rights Action CoalitionThis book may not be commercially reproduced but feel free to copyfrom it.

First edition: 1984Ninth edition: 2004

This book is published by the Tenants' Rights Action Coalition withfinancial assistance from the Law Foundation of B.C. and the LegalServices Society.

The following people worked on the ninth edition:

Writing Kris AndersonEditing Linda Mix, Sadia Ramirez, Kris AndersonDesign and production Kris BlizzardLegal Supervision David MossopProject Coordination Kris Anderson

The text of this book has also been translated into Spanish, Chinese,Vietnamese, Korean, and Punjabi.

NOTES


Are you a tenant? Do you need information on your rights?

TENANT HOTLINE

Vancouver area(604) 255-0546

Outside Vancouver area1-800-665-1185

TENANTS WORKING TOGETHERThe Tenants’ Rights Action Coalition (TRAC) is a community-based coalition of groups and individuals working on behalf ofB.C.’s one million tenants. We came together in 1983 to protestgovernment weakening of tenants’ rights. Today, we work toimprove legal protection for tenants, and to preserve andexpand B.C.’s affordable rental housing stock.

Documents

Changes to the law - canadarna.com Survival Guide 2004.pdf · • Landlords can now charge an extra deposit for pets, keys, garage door openers, etc. Chapter 2 • Move-in and move-out