By Jill Hayward and Joanna Hurst
It can be an exciting time as you get ready to move out of home and into your first apartment, or perhaps you are moving to another community to start a new job. However, this is also an intimidating time as you try to find the housing you require to fit the funds at your disposal, especially within the time frame that you must work with.
Rental housing in British Columbia is not always easy to find, but once you do find the place you are looking for how do you help to protect yourself from a bad experience when it comes to landlord/tenant agreements and expectations?
Here are some important things to think about before you start your rental hunting process. Thinking about these things now can save you from making a lot of time-consuming or expensive mistakes later.
With all that a tenant has to consider, it is good to know that The Residential Tenancy Act and The Tenant Survival Guide are available online to help guide tenants through the rental process.
All the rules below apply to the The Residential Tenancy Act only.
Five ways for tenants to protect themselves:
1. Get and keep receipts
2. Put it in writing
3. Have a witness
4. Take pictures
5. Learn about your rights and responsibilities
Agreements:
- It is best to have a written agreement. The Landlord should provide this, but there are also forms online at the RTA website. Read carefully these carefully before signing, and make sure you keep a signed copy for yourself.
- Even if you do not have a written formal agreement, in the eyes of the law, you still have an agreement (ex: you have a record of paying rent, utilities, etc.).
- Agreements can be adjusted and changed after signing, if both parties agree. This can be done by hand writing the changes into the agreement and having both parties initial each change.
- In the case of a landlord selling a unit – the new owner/landlord “purchases” the rental agreement. Terms and conditions of any existing agreement will still apply.
Security and Pet Deposits:
- A pet deposit cannot exceed one-half of the monthly rent, with no multiple deposits for multiple pets.
- A security deposit must be returned to the tenant at the end of tenancy within 15 days provided there is no damage as determined in condition inspection reports.
- Landlords must apply within 15 days to the Residential Tenancy Branch to keep deposits. They cannot just keep them.
- If the amount of damage incurred during a tenancy exceeds the amount of the security deposit, the landlord can sue for the balance.
Condition Inspections:
- Condition inspections should be completed before moving in, and after moving out, when unit the is clean and empty. Both tenant and landlord should walk through the premises together and both sign should sign the report. If you do not agree, do not sign. If you do not sign, you could lose your security deposit. If the landlord will not complete the inspection report with you, you should take photos with a digital camera.
- The unit should be clean and appliances in working conditions upon starting a new tenancy.
Safety:
- The landlord must change the locks at the start of a tenancy if a tenant requests it.
- Locks must not be changed during the tenancy by tenants or landlords unless agreed upon by both parties.
- Landlords must provide an emergency name and contact number that is available 24/7.
Rent:
- Rent is due on the day of, or the day before, the due date. If you do not pay your rent on time you may get a 10 day Notice of Unpaid Rent or Utilities. If you do not pay your rent within 10 days of receiving the notice, you could be evicted. If you receive too many 10 day Notice of Unpaid Rent or Utilities, even if you pay within the 10 days, you may receive a 30 day Notice of Eviction with Cause.
- Allowable rent increases change yearly and are set by the Ministry of Municipal Affairs and Housing. The allowable rate for 2019 is 2.5 per cent. Landlords must serve three full rental periods notice of a rent increase, and can only increase 12 months after the last increase or start of tenancy.
- Do not withhold rent in lieu of other problems with rentals (ex: repairs that have not been completed). Always pay your rent.
Maintenance:
- The landlord is responsible for the health and safety of the premises (such as roofs and plumbing).
- Tenants are responsible for repairing damage caused by themselves or their guests. Tenants informing the landlord of needed repairs should do so in writing.
Entering Unit:
- The landlord must provide a minimum of 24 hours, and maximum of 30 days written notice before entering a rental unit.
- The landlord can enter the unit without the tenant being present if it is an emergency, or if a 24 hour written notice has been provided.
Ending Tenancy:
- A tenant must provide a 30 day written notice of ending tenancy to the landlord (forms to do this are available on The Residential Tenancy Act website.
Three Types of Eviction Notices:
• A 10 Day Notice of Unpaid Rent or Utilities means you must pay the full rent owed within 10 days or you may get a 30 day Eviction Notice with Cause.
• A 30 day Eviction Notice with Cause means you must move out of the unit within 30 days.
• A four month Notice for Landlord Use (for renovations or immediate family moving into unit) – with this type of notice the tenant is entitled to the last month with free rent. (Please note: New rules now state that if renovations or moving arrangements are not completed, the evicted tenant is entitled to 12 months value of the rent.)
Dispute Resolution:
- Most disputes can be resolved with good communication between the landlord and the tenant - good communication is the key to resolving disputes.
- Tenants have 30 days to dispute a notice.
- You can apply online at: The Residential Tenancy Act website for a Dispute Resolution form, and applications fees are waived for tenants that are on Income Assistance.
- There is currently an average four to six weeks wait for hearings.
There are some living situations that are not covered by The Residential Tenancy Act, most notably situations where the landlord is not the owner (ex: a tenant who pays rent to another tenant). Most situations that are not covered under The Residential Tenancy Act are covered under other acts such as the Community Care and Assisted Living Act, or Manufactured Home Park Tenancy Act. You can also find a complete list in The Tenant Survival Guide.
To Learn more go to:
The Residential Tenancy Act at: https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies
The Tenant Survival Guide at: http://tenants.bc.ca/tenant-survival-guide/
Find Rental Assistance Programs for seniors and families online at: https://www.bchousing.org/housing-assistance/rental-assistance-financial-aid-for-home-modifications/rental-assistance-program
