A tenancy agreement is a contract between a landlord and tenant. The BC Residential Tenancy Act and the BC Manufactured Home Park Tenancy Act are the laws governing tenancy agreements. A tenancy agreement must be in writing and it must contain terms that outline the rights and responsibilities of both parties, including standard terms that are required under the tenancy laws.

1.1.2 Can standard terms be omitted from a tenancy agreement?

No. A landlord is responsible for ensuring that any tenancy agreement entered into or renewed after July 1, 1996, complies in all respects with residential tenancy law including the applicable Regulation. The Regulations state that standard terms, whether included or not in the written tenancy agreement, form part of the agreement.

1.1.3 Where can I get a sample tenancy agreement?

The links below will display "fillable" tenancy agreement forms, i.e. you can complete the forms on the web page and print them.

Form RTO-1: Residential Tenancy Agreement (PDF)
Form RTO-5: Manufactured Home Site Tenancy Agreement (PDF)

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Privacy

1.1.4 Can a landlord ask for credit information?

The BC Business Practices and Consumer Protection Act allows a landlord to obtain a credit report for a person entering into or renewing a tenancy agreement, with the tenant's written consent. If the person does not consent to the landlord obtaining a credit report, the landlord may choose not to enter into a tenancy agreement with that person.

1.1.5 Can a landlord ask for the tenant's Social Insurance Number?

A landlord may ask for your social insurance number if a social insurance number is necessary to prove your identity or to conduct a credit check on you. However, a landlord must not, as a condition of renting to a tenant, require a tenant to consent to the collection, use or disclosure of personal information beyond what is necessary to provide the service. If you have concerns about personal information requested by a landlord you should contact the Office of the Information and Privacy Commissioner for British Columbia.

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Pets

1.1.6 Can a landlord prohibit pets?

Landlords can prohibit pets or restrict the size, kind or number of pets.

In a manufactured home site tenancy, a landlord can set park rules that regulate pets in common areas.

Refundable and non-refundable fees

1.1.7 Can a landlord charge a fee to process a tenancy application?

Landlords are not permitted to charge application or processing fees. It is an offence under the Residential Tenancy Act and Manufactured Home Park Tenancy Act for a landlord to charge a tenant or potential tenant an application or processing fee.

1.1.8 Can a landlord charge a fee for a key?

A landlord may charge a fee for a key or other access device that is refundable upon the return of the key or access device. The fee must not be greater than the direct cost of replacing the item. A landlord cannot charge a fee if the key or access device is the tenant's sole means of access to the residential property or manufactured home park.

Landlords may charge non-refundable fees for replacing keys. The fee must be for the direct replacement costs or for additional keys or other access devices requested by the tenant, over and above those provided in the tenancy agreement.

1.1.9 Can a landlord charge a fee for returned cheques?

A landlord can charge a service fee charged by the bank if a tenant's cheque is returned. If the tenancy agreement includes a term that allows a landlord to charge an additional administrative fee for the return of a tenant's cheque, above the service fee charged by the bank, the administrative fee cannot exceed $25.00

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Moving insurance for manufactured homes

1.1.10 Can a landlord require a tenant to provide proof of moving insurance?

A landlord can require a tenant who is having a manufactured home moved on or off a manufactured home site to provide the landlord with proof of third party liability insurance against any damage caused by the move. The tenant must provide the landlord with the requested proof before moving the home.

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