Renting in British Columbia

Governing or Regulatory Body

Compliance and Regulatory Branch, Residential Tenancy Office, Ministry of Public Safety and Solicitor General

Name of Act / Regulations

• Residential Tenancy Act
• Residential Tenancy Regulation
• Manufactured Home Park Tenancy Act
• Manufactured Home Park Tenancy Regulation

Types of Housing/Living Arrangements Covered by the Provincial Legislation

Residential premises including manufactured home parks and accommodations with exclusive possession by the tenants. Also includes licenses to occupy in certain circumstances.

Exclusions:

Housing rented by a non-profit housing co-op to a member of that co-op; housing owned or operated by an educational institution and made available for students and employees of that school; housing where the tenant shares bathroom and kitchen facilities with the owner; housing that is included with property used primarily for business and rented under a single agreement; housing intended for travel and vacation rental accommodations; housing provided for emergency shelter or transitional needs; housing rented under a tenancy agreement that has a term longer than 20 years; housing that falls under prescribed tenancy agreements, rental units, or residential property; housing that falls under the Manufactured Home Park Tenancy Act; housing that falls under the Community Care Facility Act, Continuing Care Act, Hospital Act, or Mental Health Act; housing that provides hospitality support services and personal care; certain seniors care facilities; housing provided during rehabilitative or therapeutic treatment.

Types of Rental Periods

In British Columbia most leases have a predetermined expiry date. The lease can be a fixed term lease or a periodic lease where the rental period can relate to a calendar week, month, or year. Most tenancies are month to month.

Is a signed lease required?

Yes. Lease and Tenancy agreements in writing are mandatory. A landlord is obligated to give the tenant a copy of the rental agreement within 21 days of signing.

Is a signed move in/move out checklist required?

Yes. As of January 1, 2004 it is mandatory for landlords and tenants to conduct ingoing and outgoing inspections and complete ingoing and outgoing Condition Inspection Reports. If the reports are not completed, the landlord or tenant run the risk of jeopardizing their security deposit.

Deposits

The maximum security deposit allowed is ½ month's rent. If tenants pay more than ½ month's rent, they can deduct this overpayment from any rent owing. However, if the landlord allows pets they can also ask for an additional ½ month’s rent. This is called a “pet damage deposit”. This means that in this case the total combined deposits can be up to one month’s rent. Landlords can also require deposits for keys, garage door openers, etc. in addition to the security and pet damage deposits.

A landlord can request the security deposit only at the time the tenancy agreement is entered into, but can request a pet damage deposit at any time during the tenancy if a pet is allowed. The interest rate on these deposits is based on 4.5 percentage points below prime on January 1st. Landlords have 15 days after the tenant moves out, or provides a forwarding address, to either return the deposit or get the tenant's written consent for deductions to the deposit (such as using the deposit to pay a portion of the last month's unpaid rent). If no consent is received, landlord must apply to an arbitrator to keep some or all of the security deposit within the 15 day time frame. A pet damage deposit can only be used for damage caused by a pet and not for any other cost the landlord incurs.

Key Money

Requiring key money is now legal.

Post-dated Cheques

Landlords may request post-dated cheques.

Renewal of Lease Term

A lease must specify an ending date with vacant possession (the date by which the tenant must vacate the premises). If no date is specified, the lease automatically converts to a month-to-month tenancy and all terms in the agreement remain the same.

Terminating a Lease: Notice and Timing

Prior to a lease expiring, it is the responsibility of landlord and tenant to either re-negotiate terms or terminate the lease. Tenants who give written notice to end a lease prior to the expiry date may be held accountable for all costs the landlord incurs in re-renting including lost rent. Landlords may end a tenancy only for specified reasons as set out in the legislation and cannot end a tenancy simply because a fixed term has expired unless the language of the lease specifies the tenant will vacate at the end of the term. When a fixed term tenancy reverts to a month to month tenancy, the landlord cannot force a tenant to sign another lease or agree to another fixed term. When a lease is renewed, landlords and tenants may agree to the same or different terms.

Early termination can be ordered by an arbitrator where there are serious situations involving safety, cause or conduct. All other tenancies are ended: by the landlord on a Notice to End Tenancy form; on written notice by the tenant; or by written agreement between the parties.

A tenant must give one calendar month's notice in writing to the landlord the day before the rent is due. If the landlord wishes to end a tenancy, the province's prescribed Notice to End a Tenancy form must be used.

Landlords must allow tenants these notice periods depending on the reason for notice given:

• 10 days for non-payment of rent,
• 1 month for cause or conduct,
• 2 months for landlord's use of property.

Assignments and Sublets

Unless a landlord consents in writing, a tenant must not assign or sublet a tenancy agreement. If a fixed term tenancy is longer than 6 months, or for a manufactured home site tenancy, a tenant may sublet or assign a lease. All information about the new tenant for the sublet or assignment must be in writing, and in the case of a manufactured home site tenancy, the request must be in the prescribed “ Request For Consent To Assign a Manufactured Home Site Tenancy Agreement” form. The landlord must have a valid reason to withhold consent. The landlord has the right to approve the assignment or sublet, but cannot arbitrarily withhold consent.

Rent Increases: Notice and Timing

British Columbia now has rent control. Landlords must use the prescribed form “Notice of Rent Increase” and give the tenant 3 month’s notice to increase rent. Tenants can not dispute the rent increase unless the increase is more than the allowable amount. In 2005 rent increases are capped at 3.8% for conventional tenancies and 1.8% for manufactured home park tenancies.

Late Rent Payments

Rent is considered late if not paid on or before the first day of the rental period. Landlords may request reasonable charges for late payment, based on what the lease or tenancy agreement states.

Evictions

There are several reasons why a landlord may evict a tenant and the rules that apply to them differ. They are:

• Material breach of a rental agreement is the reason used if the tenant is in breach of the agreement and has been given one written warning and a reasonable time to comply, or correct the breach. Breach of agreement requires one month's notice.
• Non payment of rent requires 10 days notice; 5 days to pay rent or vacate in 10 days. Tenants no longer have the ability to apply for arbitration for an extension of time to pay rent.
• Cause or conduct requires one month’s notice; a tenant has 10 days to dispute.
• Landlord's use of property requires 2 month's notice with a 15-day dispute period. Landlords are required to pay the equivalent of 1 month’s rent to the tenant on or before the effective date of the end of tenancy.

If disputed, the Landlord has to prove through evidence that there is a valid reason to end the tenancy.

If a tenant does not dispute the Notice to End Tenancy, then it is deemed that the tenant has accepted the end of tenancy. If tenant does not move, the landlord may apply for an arbitrator's order of possession, which is enforced through the Supreme Court, by a bailiff. Judicial review of an arbitrator's decision is available through a petition to the Supreme Court on the basis of an error in law, or an error in procedural fairness. There are limited grounds for review by the original arbitrator.

Fine Points

Permitting Landlord Entry to the Premises (Times and Reasons)

Landlords must give a minimum 24-hour up to a maximum of 30 days written notice stating the time and purpose of entry, unless either the tenant consents or there is an emergency. Non-emergency entry is allowed between 8 a.m. and 9 p.m. If notice is not served in person, it must be taped on the door or served in the mailbox and 3 days must pass before the landlord enters the premises. The Landlord may enter if an arbitrator issues an order to enter. The tenant may refuse entry if either no reason is given or it is unreasonable according to the arbitrator.

May the tenant withhold rent for repairs?

Withholding rent for repairs is not allowed unless the arbitrator gives an order to do so. Tenants can deduct the cost of emergency repairs from rent owing. The tenant can also recover the amount through arbitration if they tried on 2 occasions to notify the landlord within a reasonable period about the emergency and were unsuccessful. Also, the landlord may take over the completion of emergency repairs at any time.

Changing Locks

If a tenant can prove the landlord entered the premises illegally, it is possible to apply to the arbitrator for an order for a lock change. With this order, the landlord will not have a right to a key until the tenancy ends, and may enter the premises only in accordance with the arbitrator's order.

Pets and Smoking

May a landlord refuse to rent to a tenant who has pets or smokes?

Yes, a landlord may refuse to rent to a tenant who has pets or smokes. If smoking and pets are allowed in the tenancy agreement, or the agreement does not address these issues, then they are permitted in the rental unit.

If a no pets and no smoking clause is written into a lease and the landlord discovers that the tenant has a pet and/or smokes in the rental unit, is this grounds for the landlord to evict the tenant?

Terms stating "no smoking and no pets" in the tenancy agreement signed by the tenant are legally binding as long as they specify the type of pets that are restricted, for example “no pets such as dogs or cats”.

If a landlord discovers that the tenant is in violation of the rental agreement either by acquiring a pet, or by smoking, a written warning (called a breach letter) must be issued. The letter must state that the tenant must comply with the rental agreement, or the tenant will face eviction if they either do not get rid of the pet within a reasonable period of time, or if they do not stop smoking in the rental unit.

The termination process cannot begin until the landlord has issued the breach letter.

Contact Information

For general information about renting in British Columbia contact:

Residential Tenancy Head Office
1st floor, 1019 Wharf Street
Victoria, BC
V8V 1X4
Lower Mainland: 604-660-1020
Victoria: 387-1602
Elsewhere in BC: 1-800-665-8779
http://www.rto.gov.bc.ca
See Web site for branch office locations.

Related Links

Residential Tenancy Act
http://www.qp.gov.bc.ca/statreg/stat/R/02078_01.htm

Residential Tenancy Office (RTO)
The RTO administers the Residential Tenancy Act (Act) throughout the province. This main page gives a basic overview of the RTO, with links to other valuable sections.
http://www.rto.gov.bc.ca

Publications and Reports
Links to various brief RTO publications.
http://www.rto.gov.bc.ca/content/publications/default.aspx

Forms and Applications
A collection of online forms (PDF files) for both residential rental units and Manufactured Home Park tenancies.
http://www.rto.gov.bc.ca/content/formsFees/default.aspx

Security Deposit Interest Rates and Calculator
A downloadable program (PC compatible) designed to help landlords and tenants calculate security deposit interest.
http://www.rto.gov.bc.ca/content/calculator/

Fact Sheets
Short summaries of important landlord topics such as entering into a tenancy, dispute resolution, arbitrators' decisions and orders and the end of a tenancy.
http://www.rto.gov.bc.ca/content/publications/factSheets.aspx

How to apply for arbitration: http://www.rto.gov.bc.ca/content/howApply/default.aspx

Completing the arbitration process: http://www.rto.gov.bc.ca/content/arbitrationProcess/default.aspx

Application for Arbitration: https://www.rto.gov.bc.ca/content/arbitrationApplication/default.aspx

Sample Tenancy Agreements
These sample tenancy agreements should prove extremely useful, especially for landlords.
http://www.rto.gov.bc.ca/content/formsFees/default.aspx

A Guide for Landlords and Tenants in British Columbia
This online guide is very detailed and useful.
http://www.rto.gov.bc.ca/documents/GL01.pdf

The Residential Tenancy Policy Guidelines
These guidelines clarify the responsibilities of landlords and tenants under the Residential Tenancy Act and cover issues such as: the maintenance, cleaning and repair of residential premises; the obligations of landlords and tenants with respect to services and facilities; the right to quiet enjoyment of the premises; and damage claims. It offers very useful clarifications.
http://www.rto.gov.bc.ca/content/publications/policy.aspx

BC Housing.org
The Web site of BC Housing, a crown agency that delivers the provincial government's social housing programs (commonly known as affordable housing programs).
http://www.bchousing.org/

BC Non-Profit Housing Association
This non-profit's mission is to provide "... leadership and support to members in creating and supporting a high standard of affordable housing throughout British Columbia." The Web site provides information on the organization and its services.
http://www.bcnpha.bc.ca/

Tenant's Rights Action Coalition
A coalition of groups working on behalf of BC's tenants. They promote the handbook, "Tenant Survival Guide".
http://www.tenants.bc.ca/

Tenant Survival Guide
The Web site of the Tenants Rights Action Coalition, this site provides information about the organization and fact sheets. It also includes an online version of Tenant Survival Guide, a popular print publication.
http://www.tenants.bc.ca/factsheets/TSG-web.htm

Co-operative Housing Federation of BC (CHF BC)
The Web site of CHF BC, a co-operative association whose members are housing co-ops and related organizations in British Columbia.
http://www.chf.bc.ca

BC Public Interest Advocacy Centre
A non-profit, public interest law office that provides "... representation to groups that would not otherwise have the resources to effectively assert their interests."
http://www.bcpiac.com/

Information for Seniors
A section of the Residential Tenancy Office dedicated to seniors, with information on things like shelter, homeowner grants and subsidized housing.
http://www.mcaws.gov.bc.ca/seniors/guide/index.htm

B.C. Apartment Owners and Managers Association (BCAOMA)
Promotes the interests and rights of apartment owners.
http://www.bcapartmentowners.com

Rental Owners and Managers Association of BC (ROMA BC)
Provides services, products and representation to over 750 rental owners, who manage nearly 20,000 residential rental units throughout British Columbia.
http://www.suites-bc.com

Downtown Eastside Resident's Association (D.E.R.A.)
Works to provide a number of services to residents in the area including housing, community and recreational facilities, parkspace, and community-based neighbourhood planning.
http://www.dera.bc.ca

Shelter Aid for Elderly Renters (SAFER)
Provides direct cash assistance to British Columbians aged 60 or older who pay rent for their homes. On average, seniors involved in the SAFER program receive $169 a month.
Tel.: 1-800-257-7756
Email: ApplicantandSAFERenquiries@bchousing.org