Residential Tenancy Branch – Essential Learning for Landlords

All right. [clears throat] Hi everyone and welcome to Landlord Essentials, building successful tenencies under the Residential Tenency Act. Thank you so much for taking the time to watch this video. Whether you're new to being a landlord or just looking for a refresher, we're glad you're here. And since this is a recorded session, you can pause, rewind, or revisit at any part at your own pace. And before we get started, let's quickly walk through a few helpful tips to make your viewing experience as smooth as possible. Tips for watching the video. Adjust your audio and video quality. Use the settings gear at the bottom of the video to adjust volume, playback speed, or video quality depending on your internet connection. Next, turn on closed captions for subtitles. Click the CC button at the bottom of the video to turn captions on or off. This can be helpful if you prefer to read along or need extra clarity. Next, change playback speed if you can speed up or slow down the video by selecting the settings gear and choosing playback speed. Next, use full screen for better viewing. Click the full screen icon at the bottom corner to make the video larger and easier to follow. And if you've if you are having technical issues, try refreshing the page or restarting the video. It often resolves the common issues about the information shared. This session includes general guidance based on the residential tenency act. Please keep in mind the information is general in nature. It's meant to support your understanding, but we can provide legal advice, respectful practice reminder. Successful tenencies are built on clear communication, fairness, and respect. And as you go through the session, we encourage you to think about this principles apply and apply them to your own rental situation. And with that, I think we can get started. This recording is designed to help you understand your rights and responsibilities as landlords and to make the BC teny system feel less overwhelming. We'll walk through the key stages of a teny starting with how the system works overall and then to what to consider when reviewing applicants. Then we'll talk about how to begin a teny before moving on to how to manage your teny effectively. And then finally, we'll talk about how a teny can end lawfully. At each stage, we'll focus on what matters most for you as a landlord, your rights, your responsibilities, and we'll offer some practical tips as you that you might want to consider to help things run more smoothly. So much of what we discuss in these sessions relates to what can go wrong in a teny, but I think it's important to note that most tenencies in BC are uncomplicated. There are more than 660,000 renter households in BC and in 2025 the residential tenency branch received uh 24,000 applications for dispute resolution. With that in mind, we like to think that 96% of tenencies are generally uncomplicated. But when conflict does happen and when that conflict can't be solved through open communication, negotiation or compromise, the RTB is there. So, we're going to start with the basics and work our way through recognizing that everyone will arrive at this recording with a different level of understanding. It's important to remember that as a landlord, you're not just renting out a property. You're entering a legal relationship governed by the Residential Tenency Act. The RTA is the law that spells out the rights and responsibilities for both you and your tenant. It covers everything from annual rent increases to dispute resolution. The residential tenency branch or the RTB administers the RTA and the Manufactured Home Park tenency act. We act as the referee and your go-to resource for guidance, templates, and forms. The RTA applies to most rental housing in BC, but there are exceptions like nonprofit housing, um, shared accommodation with owner, so roommate situations or emergency or transitional housing and as well certain care facilities. We provide information and education through our website, through our call center, through webinars, and through videos like this. We offer services in more than 200 languages and hold teleconference dispute resolution hearings that are intended to give everyone fair access. And following disputes, we issue legally enforceable decisions under the Residential Tenency Act. So you can rely on the RTB for clear guidance, forms, templates, and policy resources. And our online portal makes it easier to apply, upload evidence, and manage your documents. So, we'd like you to think of us as your partner in navigating tenency laws. We're here to help you and your tenants stay on track and address issues early. So, we want to offer just a quick reminder that under the law, landlord doesn't only mean the person on the title. If you own the rental, you're a landlord. And if you hire a property manager, they're also considered a landlord. So sometimes a tenant actually has more than one. The important part is this. Even if someone else helps you manage your property, you don't give up your legal responsibilities. So if something goes wrong, the law can still look to you as the owner. So stay informed, ask questions, and don't assume everything's being handled for you because being involved is going to help prevent issues later on. Now I'm going to pass it back to Gerlin who's going to speak to you about screening applicants. All right, screening applicants. So without a way to see into the future, there's no way to guarantee a perfect tenant, but there are things you can do to cover your bases. Spending more time in the screening process where you learn more about the tenant might just save you from having to manage significant conflict down the road. And in reviewing applicants, we have three stages. So we have pre-screening, screening, and postscreening. Um, pre-screening happens before you even book a showing. This is where you confirm the basics like income, employment, and pets. And at this stage, we highly encourage landlords to use an application form. Doing this upfront can save you time and help make sure you're only booking showings with applicants who are good fit. And then screening. Screening happens when you finally get to meet the applicants, maybe for the second time, but this is usually during the showing. This is more than just showing the unit. It is your chance to set clear expectation, answer questions, and build a positive lander tenant relationship. Think of the stage as the first impression on both sides. So, it is very important that you ensure you are following the human right codes and privacy law while taking turns in answering questions with your applicants. A respectful and clear interaction here can go a long way in setting things up for success. And then it's also important to pay attention during this stage. So if someone is consistently late, disorganized or difficult to communicate with, you have to take note. This early interaction can sometimes reflect how things may go during the tenency. And then after the screening is post screening. This is what happens after you met the applicants. This stage is where you want to confirm your chosen applicant. And once you have chosen your applicant, you may now follow up with them to confirm their tenency, but also take a moment to let other applicants know um the outcome, especially those who attended the showing. And finally, ensure that you will complete a tenency agreement with your show with your chosen applicant. And a pro tip, a quick phone call or an email can save you hours of wasted time during the pre-screening. Now let's move on to the next topic information collection. Now that you know the steps to screening process, let us dig deeper on what information can a landlord actually collect during the screening. So what can you collect? You can ask for information that helps you assess whether someone can meet the responsibilities of the teny like proof of income, references and photo ID. But there are also clear limits. You may not ask about personal details like age, religion, disability, family status or sexual orientation. This type of questions are not related to the teny and should not be part of your screening process. And credit checks can be useful. They can be done but only if the applicants agrees in writing. And any information, personal information you collect needs to be kept secure and used only for teny purposes. So, as you move through pre-screening, screening, and post-screening, pay attention to how information is shared. Look for applications that are complete, clear, and well organized. This might seem like a small detail, but it can give you helpful insights on how a tenant communicates and manages um responsibilities. So, by collecting the right information and respecting the limits, you're not only making a better decision, you're also supporting a fair and professional lent rental process. So now let's move on to the next topic, the beginning of tenency. Now that you've selected your tenant, it's time to complete all the paperwork. Think about this as you would start a new job where the first things you'll do with your new employee is to complete all the correct forms and complete an orientation or on boarding of sort. And so now let's talk about the beginning of the teny. When does a teny actually begins? So a teny is created when three things happen. First you and the renter agree that they will rent the place and second is when the renter is given the keys or they have the permission to move in and third is when there is an exchange of money either through deposit or through rent. So once the teny is created a teny agreement is automatically created and established as well. A teny agreement is a contract between you and the renter in ex and it explains the rules of renting and what both sides are responsible for and it can and it can come in three forms. So number one is written the one most of us are familiar with and then we also have the burbal. So meaning both of you verbally agree or said your agreement. And third is implied meaning your actions show you agreed even if nothing was written down. So for example is when the tenant paid their deposit or paid you with rent. So a written tenency agreement is a document of the teny terms and it provide both parties clarity proof and protection. So the RTA requires that all teny must have a written teny agreement. However, as mentioned, um a written tenency agreement is not a requirement or a necessary thing to begin a teny. Again, a tenency is created when there is an agreement, permission to move in, and there's an exchange of money. So, what it only means for the tenant is that if they don't have to read and teny agreement, the default rules in the residential tenency act will still apply and they're still covered by the law. And what it means for you as a landlord is the same. You are covered by the law. So both of you have the rights and responsibilities under the RTA. So now that you know the beginning of tenency, let's move forward to read and teny agreement. So a read and tenency agreement is one of the most important tools that you have as a landlord. And as we've discussed, it helps sets clear expectation right from the start and that can go a long way in preventing misunderstandings later on. So, let's walk you through a few key things to keep in mind when preparing one. In BC, it's the landlord's responsibility to prepare the teny agreement. It must include all the required standard terms under the residential tenency act. And to make this easier, we strongly recommend that you use the RTB1 form. It is designed to make sure that you don't miss anything important. And then once the agreement is ready, both you and the tenant needs to sign and date it. And you must give a tenant a copy of the signed agreement within 21 days. This step is sometimes overlooked, but it's really important. Again, even if nothing is written down, a teny agreement can still be legally valued. So, as soon as the tenant pays a deposit, the standard terms of the residential tenency act automatically applies. But he have having everything written down and signed make things much easier for everyone. So a pro tip, keep it clear, keep it in writing, and keep a signed copy for your own records. Taking the time to set up a strong tenency agreement at the beginning helps create a smoother experience for both you and your tenant. So now let's move on. What is in a teny agreement? So when you look at the teny agreement there are a few key things that you should always see. First are the basics. So it should include who the agreement is between the address when the tenency start and ends if there is an end date and this helps everyone to be clear about the details from day one. Next are the important terms like how much is rent and when it is due and then what deposits are being collected whether pets are allowed. These are the areas where misunderstanding usually happens. So clarity really matters on this part. And finally, the agreement should say whether the tenency is month-to-month or fixed term. The important thing to note about fixed term is that it usually will convert to month-to-month unless you put a vacate clause. However, a vacate clause is only allowed if you or your family is considering to move into the unit. So knowing which type you have helps you understand notice periods and what's happened what's going to happen next. So a clear agreement sets expectation and helps prevent problems later on. Now let's move on to the next topic. What are the types of terms? So not all terms in the tenency agreement are the same and it's helpful to know the differences. So what's included in um the types of terms? Number one is a standard term. So some rules are automatic. These are the standard terms. So from the act um they apply to every tenency whether they're written down or not. And then you have the additional terms. So the additional terms can include rules like about pets or smoking but they need to be in writing agreed to by both sides and they can't go against the law. So some terms just aren't allowed. So we have what we call illegal terms. Illegal terms are the ones that go against the act. And unfair terms are the ones that put tenants at the disadvantage and neither can be enforced even if they are signed. And finally there are material terms. So these are the big ones. They're all they're so important that breaking them could lead to ending the tenency. So in short, knowing what type of terms you're using, um you have to keep them fair and lawful and get them clearly in writing. Now let's talk about deposits. So deposits are your safety net as a landlord. So when you handle them properly, they can protect you, but when they are not handled properly, they can get costly very quickly. And in BC, there are two main types of deposits that you can collect. So we have security deposit. You can collect up to half of one month's rent as a security deposit. And then we have pet damage deposit. So if you allow pets, you can also collect up to another half month's rent as a pet deposit. So no matter how many pets there are, it's still a half month's rent. And just remember, you cannot charge a pet deposit for guide dogs or service dogs. And then there are clear rules around how deposits are handled. So for renters, they should be uh they should provide you the deposit within the 30 days of your request. But for landlords, um number one, you can't keep the deposits unless you get written permission from the renter or the RTB. One of the most common mistake landlords make is keeping all parts of the deposit without proper approval. So don't do this. it can lead to penalties. And always document why you're making a deduction and make sure you have approval before holding anything back. And then next, kindly review the use of deposit this as they can only be used for specific uh reasons which will be discussed later. And finally, don't skip your condition inspections. This reports are key. They help determine whether you can keep part of the deposits and how much you can keep. So without proper inspection, it can be much harder to support your claim. And then deposits are there to protect both you and the tenants. So you have to collect them properly and then keep good records and h handle them carefully so you don't run into trouble later. Now let's move on to the condition inspection as we've mentioned. So what is a condition inspection? A condition inspection is required under the act and it's where you and the tenant agree on the condition of the unit at the start and at the end of the teny. It's especially important because it affects what happens with the deposit. It will help you determine who should pay for any of the damages if there is any. And then types of inspection. So you must do or it's a requirement to do a move in and move out inspection while the inspection during the tenency are optional or usually optional. So condition inspection as mentioned can protect you but only if you do them properly. So if you don't follow the inspection rules like offering two chances to attend to uh the tenant or participating in the inspection itself or completing the report and giving a tenant a copy then you may lose your right to claim against the deposit. Okay. So now what are your responsibilities during a condition inspection? So during a condition inspection, it is recommended that you first ensure the unit is clean and then you'll need to schedule the inspection and give the tenant two chances to attend. So during the walk-in, you have to fill out the report carefully, talk through any concerns together, and try to agree on what you are seeing. and both of you should sign the report and then make sure the tenant gets a copy within seven days. So, it's a bit of an admin, but it really matters. So, taking the time to do this properly can save you a lot of trouble later, especially when it comes to deposit. And so, now that everything is covered at the start of the tenency, I will pass it again to Dana. All right, so the tenant has moved in and has started paying rent. Now you're responsible for managing the teny. Let's talk about some of the things you need to know to ensure things run smoothly. This is one subject area that a lot of landlords have questions about. When and how can I increase rent? Getting this wrong can lead to disputes, repayment orders, and a lot of unnecessary headaches. So, it's crucial to know what the rules are and to follow them. [clears throat] First up, you can only increase rent once every 12 months. No exceptions. The RTB sets the maximum allowable increase each year, and it's based on the rate of inflation. So, for 2026, the increase is 2.3%. So, if you're thinking about raising rent, make sure you check the current limit. And up next, you must give your tenant three full months written notice before the increase takes effect. That's why we announced the annual allowable increase in late August to early September so that you've got enough time to provide notice in advance of a January 1 rent increase. And then you have to use your official RTB7 form for this notice. It needs to include the amount of the increase, the effective date, and the reason for it. We also have an RTB [clears throat] rent increase calculator on our website, which is a great tool to help you figure out the exact amount you can raise the rent by. So, always double check this before sending your notice. And finally, keep copies of all notices and communications for your records. And if you're unsure, call us or check our website for guidance. All right. Now, let's talk about repairs and maintenance. One of the most important responsibilities you have as a landlord. So, as a landlord, you're responsible for keeping the home safe and livable. You're responsible for things like heating, hot water, electricity, locks, and the structure of the unit. You're also responsible for fixing or replacing any appliances or services that are listed in the teny agreement. And you also need to maintain common areas. Tenants have responsibilities, too. They're expected to handle basic upkeep, like cleaning, garbage, and replacing light bulbs. And they're responsible for damage caused by themselves, their guests, or their pets. And they're also responsible for contacting you quickly if something breaks, giving you time to fix it before it becomes something more serious. And when it comes to repairs, actually when it comes to being a landlord, period, the key is communication. Repairs should be reported by your tenant in writing, and they should be dealt with in a reasonable amount of time. Fixing issues early helps prevent bigger problems and bigger costs later on. So, a well-maintained property is a win-win for everyone. It keeps your tenants safe and satisfied, and it helps you avoid costly disputes and even more costly repairs down the road. So, there's a distinct difference between general repairs and maintenance and emergency repairs. These are the things that can't wait. An emergency repair is something urgent that puts health or safety at risk. And that might include something like no heat in the middle of winter or a major leak or unsafe wiring or maybe a broken lock that makes it impossible to secure the home. As a landlord, you're responsible for dealing with these repairs and they need to be dealt with quickly. If a tenant can't reach you after trying twice, the rules allow them to arrange the repair themselves and then ask to be repaid. That's why it's really important for you to respond and act quickly when emergencies come up. It gives you some additional control over the situation. So, making sure all repairs are dealt with quickly is important, but especially so when it's an emergency repair. Quick action protects your tenants and helps avoid disputes. So, let's talk about access and privacy, an area where landlords sometimes run into trouble. Even though it's your property, it's your tenants home. So, you need to give proper written notice before going in. And that notice has to say when you're coming, what time, and why, and it needs to be given at least 24 hours in advance. You can only enter between 8:00 a.m. and 9:00 p.m. And the tenant has the right to be present when you come in. So, there are exceptions like emergencies, abandonment, or if you have an RTB or a court order. The best approach is simple. Be clear, give notice, and respect your tenants space. Good communication prevents most issues before they start. So this slide covers a few common situations that often come up during teny and where landlords sometimes have questions. And first up is guests. So tenants are allowed to have guests and you can't charge fees or set limits on for having people over. That said, if someone starts staying regularly, has keys, or gets mail there, that might become an occupancy issue, and that's when it's worth taking a closer look. Next, pets. If they're allowed, tenants are responsible for any pet related damage beyond normal wear and tear. And just a reminder again that guide and service dogs aren't considered pets, and they must be allowed, and you aren't able to charge deposit for them. For smoking, vaping, and cannabis use, you can set clear rules in your teny agreement. If smoke is affecting other residents, you're expected to step in and address it. And finally, keys and fobs. You can't charge for the first set needed to access the unit, but you can charge a reasonable cost for extra or replacement keys. So a common thread here as it is throughout is clarity. Clear rules in the agreement and addressing issues early will help you prevent problems later. So this last scenario in the section can feel a little bit more sensitive and we're talking about the death of a tenant. We have it listed as a common scenario. Thankfully, it's not all that common, but it's important to know what to do when it happens, as it can feel pretty confusing. One thing to know is that the teny doesn't automatically end when a tenant dies. What happens next depends on whether there's an administrator or an executive for the estate. If there is, the estate takes over responsibility for paying rent or for any debt owed and for ending the teny according to the residential tenency act. The usual month-to-month or fixedterm rules still apply. One important point though, the executive doesn't take over the teny themselves. They're not to move in. They're just wrapping things up on behalf of the estate. If there isn't an executive, the abandonment rules may apply, but only after rent has gone unpaid for at least a month. From there, you have to follow specific steps for handling personal property. You can't just clear the unit out because these situations mix teny law with estate law. We recommend seeking legal advice um in this kind of scenario. Okay, so we've had a good run and now the tenency is coming to an end. But just like when any relationship ends, it's always best when there are no hard feelings. In this next section, I'm going to walk you through the ways to end teny lawfully. So, let's talk about the process and rules for ending a teny when you initiate it. It's important to remember that eviction notices must always be in writing. They need to use the correct RTB form and clearly explain why the teny is ending and when it will end. Using the wrong form or missing information can delay the process or lead to disputes. So for unpaid rent or utilities, a 10-day notice can be used. The tenant has 5 days to either pay what they owe or dispute the notice. For more serious or ongoing issues like repeated late rent payments, damage, or disturbing others, you could issue a one-month notice for cause. In those cases, the tenant has 10 days to dispute. So, simply put, ending a teny is a legal process, and following the correct notice rules protects you and helps you avoid delays or problems. So, you might need to end a teny because you or an immediate family member want to move in. Or maybe you've sold your house or apartment and the buyer wants to move in. You might need to complete a major renovation or you could decide to demolish the unit or convert it into something else like uh strata housing or a general store even. So, let's look at the rules and requirements for these situations. If you or a close family member or a buyer plan to move into the unit, you need to give 3 months notice and pay the tenant 1 month rent. This notice has to be given in good faith. For major renovations, demolition or conversion, the notice period is 4 months, and in these cases, you need the proper permits and approvals. And for renovations, you need to apply to the RTB for permission before ending the teny. If the teny does end for renovations, the tenant may have the right of first refusal, meaning they can move back in once the work is done. So, these notices come with extra rules and responsibilities. Acting in good faith, meaning doing what you say you're going to do and following the correct process is critical. Getting it wrong, can lead to serious penalties. For example, if you evict a tenant because you or a family member want to move in and a couple months down the road you decide to reent the unit to someone else, the tenant you evicted could file for dispute. And if they were successful, you might have to pay them 12 months rent for evicting in bad faith. Now, let's talk about what happens when the tenant wants to end the teny. For a month-to-month tenency, the tenant must give you one full month's written notice before the day the rent is due. This gives you time to plan for a move out and to find a new renter. For a fixedterm teny, the tenant usually can't leave early unless the teny agreement allows it. Both of you agree in writing or there are special circumstances like the tenant is leaving family violence or needs long-term care. Otherwise, the tenant may owe you money if they break the lease early. At the end of a fixedterm lease, the tenant still needs to give written notice if they plan to move out. If they don't, it's expected that the teny will roll over into a month-to-month agreement. If a tenant does break the lease early, you can apply to the RTB to be repaid for things like lost rent or the difference if you have to rerent the unit at a lower amount. So, tenants have rules to follow, too. And understanding what they are helps you avoid unexpected empty units and lost rent. Now that we've talked about the different types of notices a landlord can serve, let's look at one more way a teny can end. And this one is much simpler. It's a mutual agreement. A mutual agreement to end teny just means that you and your tenant agree in writing that the teny will end on a specific date. There's no dispute process, no formal notice period. It's simply an agreement between both parties. You'll use the RTB8 form. And it's really important that both of you sign it and keep a copy for your records. One thing to keep in mind, if you end the teny by mutual agreement, the tenant won't receive the money they might have been entitled to if you had served a formal notice to end teny. On the other hand, you also can't claim compensation from them that you might have been entitled to if they had ended a fixedterm um teny early. Mutual agreement though is the cleanest, simplest way to end teny. Just make sure it's in writing, signed, and everyone keeps a copy. Now, we're going to shift on to talking about security deposits um and returning them, which is one of the things that we get a lot of questions about. So, returning deposits on time is not just good practice, it's required by law. If you miss the deadline, you could end up paying double the deposit back to the tenant. When the teny ends, the tenant must provide you with a forwarding address in writing. You have 15 days from then to return the deposit plus any applicable interest. You can only keep money from the deposit with written consent from the tenant or with an order from the RTB. Always document the reason for any subtractions and communicate openly with your tenant and communicate in writing. as well. Remember that you can't apply the deposit to unpaid rent without the tenants permission. Deposits are meant to cover damages, not rent. Also, we have a calculator on our website that we recommend using, the holding deposits calculator, and you can get information about keeping and returning deposits as well on our website. And speaking about our website on this slide here, find some helpful resources. Um, you can go to our website of course which is gov.bc.ca/landlordtenant or you could call us um at our information line and we have these numbers listed here. You could send us an email at hsrtog.bc.ca. Thank you so much for watching. And if you're looking to learn more or if you'd like to participate in one of our webinars that enables you to ask questions and have your questions answered in real time, please go to our website and register for one now.