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Law Tenants in British Columbia (From the Residential Tenancy Act site) This guide provides valuable information about how the Residential Tenancy Act affects tenants in British Columbia. It describes:
For More Information There is a pre-recorded information line at 660-1020 in the Lower Mainland and 1-800-661-4886 from elsewhere in the province. Renting a Place to Live When you decide to start renting a house or suite, you may:
Tenancy
Agreements When you rent an apartment or house, you and your landlord should sign a tenancy agreement. A tenancy agreement is a contract that sets out the terms of the rental such as how much you will pay in rent, when you pay it and any restrictions on the number of people that can live there. An agreement may also include: the amount of the security deposit who is responsible for utility costs such as heat and electricity whether pets are allowed whether parking is included agreements about decorating. All reasonable terms of the tenancy are enforceable; unreasonable ones are not. Also, if your landlord asks you to sign an agreement that conflicts with your rights under the Act, the agreement won't be enforceable. A tenancy agreement can be agreed to verbally but a written agreement is recommended to avoid misunderstandings later. Tenants and landlords are required to follow all the reasonable terms in their agreement. Tenancy Agreements for People Under 19 Tenancy agreements signed by people under 19 years are now enforceable. That means tenants under 19 are just as accountable for their actions as tenants over 19. Tenancy Agreements for Consecutive Leases Municipal approval is required for all leases over 20 years. In the past, some landlords used consecutive, or back-to-back, short-term leases to bypass this requirement. Consecutive leases are now defined as one lease if they total 20 years or more and were entered into within a 12-month period. Therefore, they require municipal approval. The amendment is retroactive to June 13, 1994. Condition of Premises It's important to keep a record of the condition of a rental property before you rent it. Before signing a tenancy agreement, inspect the suite with your landlord. Note any stains on the rug or holes in the walls. If the suite is in perfect condition, write it down. Photographs or videos can also be useful. You and your landlord should agree on the report and attach it to the tenancy agreement to help avoid disputes when the tenancy ends. Security Deposit Landlords can ask tenants to pay a security deposit (sometimes called a damage deposit) when they make a tenancy agreement. This deposit is expected to cover any damage you do to the suite above normal wear and tear, any unpaid rent or bills and any costs to your landlord if you move out without giving proper notice. If there are no problems, you get all of the deposit back when you move out (see Getting Your Security Deposit Back in Ending a Tenancy). The only time your landlord can demand a security deposit is when you sign the tenancy agreement; your landlord can't ask for an extra deposit if the rent goes up. Your landlord can charge only one security deposit per suite, no matter how many tenants live there. A security deposit can't be more than half of the first month rent. Separate deposits for keys, garage door openers and other items are not allowed. You must pay the deposit within 30 days of the start date of the tenancy agreement. If you don't pay it, the landlord can evict you with 1 month notice. Tenants' and Landlords' Rights and Obligations at: http://nt-server3.lcs.gov.bc.ca/Homepage.htp Once you sign a tenancy agreement, you and your landlord have certain rights and obligations. This section describes: your rights regarding discrimination when your landlord can enter your home your landlord's responsibility for providing access to the building for you and your guests who is responsible for repairs and services your responsibility for paying rent when you can sublet or assign your lease. Income and Other Discrimination Landlords can't discriminate against tenants or potential tenants because of their source of income as long as it is legal. Also, the Human Rights Act says you can't be discriminated against in tenancy matters on the basis of race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age (19 to 64 years). However, this does not apply if: sleeping, bathroom or cooking facilities are shared with the landlord the suite is in a building reserved for people 55 or older, or the suite is designed for people with disabilities. For more information on discrimination, contact: Vancouver Victoria B.C. Council of Human Rights B.C. Council of Human Rights 406 - 815 Hornby Street Parliament Buildings Vancouver, B.C. V6Z 2E6 Victoria, B.C. V8V 1X4 Phone: 660-6811 Phone: 387-3710 Outside Vancouver and Victoria areas Phone toll free: 1-800-663-0876 When Your Landlord Can Enter Your Home Your landlord
can enter your home under the following circumstances: Your landlord
has an arbitrator's order or court order to enter your suite The notice
should give the reasons for entering and the hours of the day your If your landlord doesn't follow these rules, and the two of you can't agree, you can contact the RTB to help resolve the dispute (see Handling Disputes). If the dispute goes to arbitration, and the arbitrator believes your landlord may enter your suite illegally again, you may be allowed to change the locks and keep the only keys. You must give the keys to the landlord when you move out. If you don't, your landlord can deduct the cost of changing the locks from your security deposit with your permission or an arbitrator's order. Residential Tenancy Offices and E-mail Addresses http://www.rto.gov.bc.ca/content/contactUs/default.aspx
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