Video summary
Bu video, British Columbia'daki kiracıların hakları ve sorumluluklarını anlamalarına yardımcı olmak amacıyla "Residential Tenancy Act" (RTA) çerçevesinde genel bir rehber sunmaktadır. Video, kiralama sisteminin nasıl işlediğini açıklayarak RTA'yı kuralların belirlendiği "kural kitabı", Residential Tenancy Branch'yi (RTB) bu kuralları denetleyen ve uyuşmazlıkları çözen bir "hakem" olarak, ayrıca kiracıları desteklemek için çalışan yerel organizasyonların ise "koçlar" gibi davrandığını vurgular. İzleyicilere, kiralama sürecinin başlangıçtan sona kadar olan tüm aşamalarında pratik ipuçları verilirken; RTA'nın sadece belirli durumlara uygulandığı ve ortak mutfak veya banyosu olan ev sahipleriyle yaşam, kısa süreli konaklamalar (Airbnb), öğrenci barınma yerleri gibi bazı senaryolarda korumanın geçerli olmadığı belirtilmektedir.
Kiralama sürecinin başlangıcında dikkat edilmesi gereken en önemli noktardan biri ekrana çıkarma ve sözleşme imzalamadan önceki süreçtir. Kiralayanlar, gelir kanıtı veya referans istese de yaş, engellilik durumu gibi kişisel özelliklere göre karar verememektedirler; ancak kredi kontrolü için yazılı izin alınmalıdır. Sözleşmenin otomatik olarak oluştuğu an (mutabakat, taşınma izni veya para değişimi) vurgulanırken, RTA'nın her türlü kiralamada yazılı bir sözleşme gerektirdiği fakat bu belginin olmaması bile kanunun uygulanmasını engellemediği açıklanır. Yazılı anlaşmalarda standart hükümlerin yanı sıra yasa dışı veya adil olmayan ek koşulların bulunup bulunmadığına dikkat çekilir ve güvenlik depozitosu tutarı bir ayın kira bedelinin %50'sini geçmemesi gerektiği, ayrıca taşınma öncesi detaylı durum incelemesinin (move-in inspection) depozito iadesi için hayati önem taşıdığı anlatılır.
Tenancy süresince kiracıların ödemeli olduğu kiralara zamanında ödeme yapması, evde sakin bir yaşam hakkına sahip olması ve kira artışlarının yılda sadece bir kez yapılabilmesi gibi temel sorumlulukları hatırlatılır; ayrıca kiraların tutulmamasının tahliye sebepleri arasında yer aldığı belirtilir. Ev sahibinin giriş hakları konusunda 24 saatlik yazılı uyarı verilmesinin şart olduğu, acil durumlar dışında habersiz girilemeyeceği ve onarım sorumluluklarının büyük yapısal sorunlarda ev sahibiyle günlük bakımın kiracıda olduğunu dengeleyici bir şekilde ifade edilir. Konukların misafir olma hakkının sınırları, hayvan bakımı kuralları ve sigara veya tütün kullanımı gibi konularda sözleşmedeki maddi hükümlerin ihlallerinin ciddi sonuçlar doğurabileceği örneklerle somutlaştırılır.
Tenancy sürecinin sona ermesi hem kiracının erken çıkma isteği hem de ev sahibinin tahliye uyarısı (tahliye bildirimi) gibi farklı senaryoları kapsar; sabit süreli sözleşmelerin erken bitirilmesi genellikle mümkün değildirken, ayda bir yenilenen anlaşmalarda en az bir aylık yazılı bildirim verilmesi gerektiği vurgulanır. Ev sahibinin kendi kullanımına veya büyük tadilatlar için tahliye istediğinde kiracının alabileceği tazminat hakları ve bu süreçte izlenmesi gereken süreler detaylandırılır; ayrıca çıkış incelemesinin (move-out inspection) depozito iadesi için kritik olduğu, ev sahibinin katılmaması durumunda depozitoyu talep etme hakkını kaybedebileceği belirtilir. Son olarak, depozitonun geri alınması sürecinde ilave faizin hesaplanması ve kiracının yeni adresini yazılı olarak bildirmesi gerektiği gibi prosedürler özetlenerek izleyicilere sor
Read the full video transcript
Hi everyone, and welcome to essential
learning for renters, understanding your
rights and responsibilities under under
the residential tenancies act. And thank
you so much for taking the time to watch
this video. Whether you're new to being
a renter or just looking for a refresher
as a long-time renter, we're very glad
that you're here. And since this is a
recorded session, you can pause, rewind,
or revisit any parts at your own pace.
But, before we get started, let's
quickly walk you through a few helpful
tips to make your viewing experience as
smooth as possible.
So, tips for watching the video.
Adjust your audio and video quality. So,
use the settings gear at the bottom of
the video to adjust volume, playback
speed, or video quality depending on
your internet connection. And then turn
on closed captions for subtitles. Click
the CC button at the bottom of the video
to turn captions on or off. This can
help This can be very helpful if you
prefer to read along or need extra
clarity.
And then change playback speed. You can
speed up or slow down the video by
selecting the settings gear and choosing
playback speed.
Um use full screen for better viewing.
So, click the full screen icon in the
bottom corner to make the video larger
and easier to follow. And if you have
any technical issues, try refreshing the
page or restarting the video. It often
resolves the common issue.
So, about the information that we will
be sharing, this session includes
general guidance based on the
Residential Tenancy Act. So, please keep
in mind the information is general in
nature, and it means to support your
understanding, but we cannot provide you
legal advice.
And then, respectful practice reminder.
So, successful tenancies are built on
clear communication, fairness, and
respect. So, as you go through this
session, we encourage you to think about
the principles that apply in your own
rental situations. And I think with
that, we can get started.
So, we hope that at the end of this
video, you'll have a better
understanding of your rights and
responsibility as a renter. We also hope
that you'll find the BC Tenancy system
less overwhelming and confusing. And in
this video, we're going to walk you
through the key stages of tenancy, from
the beginning to end, and highlight what
matters most for you at each step. So,
you will hear practical tips, learn
about important rules, and get advice on
how to maintain a positive relationship
with your landlord. So, throughout the
video, we will invite you to
reflect and check on your own
understanding about the rental system in
BC.
So, all right, here we go, renters.
So, getting to know the BC Tenancy
system. So, renting in BC is protected
by law. This means there are rules for
every step, like paying rent, living in
your home, and ending a tenancy. And
it's important to know that each
province has its own laws. So, your
rights depend on where you live. And in
this lesson, we will focus on how things
work in British Columbia.
So, one of the first questions that you
might have to ask is, "What is RTA and
RTB?" And in BC, the rental system uh
works a little bit
uh a simple [laughter] as like a team
setup. So, here's an easy way to
understand it. We have the Residential
Tenancy Act or RTA as our rulebook. So,
it uh it is the law that defines your
rights and responsibility as a renter.
So, this law contains the set of rules
for renting in BC and it explain what
landlords and tenants can and cannot do.
And then, we have the Residential
Tenancy Branch or the RTB and we are
acting as your referee. So, the RTB
makes sure is that um all those rules
and laws and rights and responsibilities
are being followed and we help resolve
disputes and provide information so that
both the landlords and the tenants
understand their rights and
responsibilities.
And then, you have your uh renter
advocates. Think of them as your coach.
So, this are community organization that
supports the renters. They can give you
free advice, help you understand your
options, and give you um guidance if you
run into problems.
So, understanding the agencies and laws
will help you protect your rights, know
where to go for help, and get the
support on support and guidance that you
need.
Now, let's clarify who the law considers
as a tenant. So, a tenant is someone who
rents a place to live and has a
permission to be there. And if you're
living in the unit and paying the rent,
the law will usually see you as the
tenant. And then, sometimes more than
one person can rent the same place
together. So, those people we call them
co-tenants and they are in the same
tenancy agreement. It means that the
co-tenants share the same rights, but
they also share the same
responsibilities.
So, everyone listed is equally
responsible for things like rent and
following the rules. And if something
goes wrong, even if the other tenant
caused the problem, you can also held
responsible for it.
Also, if the co-tenant decides they want
to end the tenancy agreement, the
tenancy ends for you as well. So, we
highly suggest or recommend that you
have to be careful or cautious of who
you are co-tenants with.
The next question would be, are you
covered by the law? So, now that you
know that you are a tenant,
um
the RTA rules and protection does not or
do not apply to some types of living
situations. So, not every rental
arrangement in BC is covered by the
Residential Tenancy Act.
And um so, the RTA does not apply if you
share a kitchen or bathroom with the
home owner. Also, it doesn't apply to
short term stays like Airbnbs or
vacation rentals, student housing,
co-ops, health care facilities, or
business business-related accommodation.
So, if you live in a situation like
this, the RTA's protection and dispute
resolution options likely don't apply.
That means the normal renter rights like
limits on the rent increase or rules
about eviction wouldn't apply, either.
And if you run into trouble and your
living situation isn't covered by the
RTA, um you might want to turn to other
system like the Civil Resolution
Tribunal or the Small Claims Court.
So, now that we've confirmed that you're
covered by the law, let's zoom out a bit
and talk about the big picture, your
rights and responsibilities as a renter.
So, these are the basics that apply to
almost everyone under the Residential
Tenancy Act. So, as for your rights as a
renter, you are entitled to quiet
enjoyment and privacy, protection from
unfair eviction, a safe and livable
home, clear and stable housing rules,
fair treatment under the law, and a fair
process to resolve disputes and
problems.
But,
rights always comes with
responsibilities.
And
as a renter, you are expected to have a
respectful behavior, pay rent on time,
use the unit legally, keep the unit
reasonably clean, prevent damage, and
report repairs quickly. And then, act
honestly and in good faith, and
cooperate with legal processes when it
is needed.
So, the law is about balance, and it
protects the renter, but also
setting clear expectations so tenancies
can work for everyone. And then, we will
unpack each of these rights and
responsibilities in more details as we
go through the session, but this slide
is just for your foundation, and if you
something to go back to.
Okay, so your tenancy is covered by the
RTA, and it's about to begin.
Now, let's discuss
preparing yourself for a screening. So,
before you sign a tenancy agreement,
most landlord will ask you to go through
some type of
screening process. So, this can feel
stressful or competitive. So, it's very
important to know what's fair and what's
not. What information can be collected
during screening? So, landlords can ask
for things like proof of income,
references, and basic ID, and they're
only allowed to use those information to
decide if you're a good fit as a renter,
and nothing else.
Under the BC Human Rights Code,
landlords cannot ask questions or make
decisions based on personal
characteristics like age, disability,
family status, or indigenous identity.
And then they can do
um credit check if it's allowed, but
only with your written consent. And just
a reminder, never share your banking or
credit card information because a
legitimate credit check doesn't require
those information.
And you should also know that there are
fees that landlords cannot charge. So
they cannot charge an application fee,
for example. And if you're successful
and you choose to move in, they cannot
charge you for keys or access fobs if
that's the only way into your unit.
So screening is very important. This is
the time where you really need to pay
attention to early interaction and trust
your in instincts. So if something feels
off at the screening stage, that can be
a sign of um problems to come. And we
also say the same things to landlords.
If the person you're interacting with is
disorganized or slow to respond to your
questions or just generally difficult to
deal with, always proceed with caution
because these behaviors aren't likely to
go away after the tenancy begins.
Okay. So now that we're done with
screening, let's talk about when a
tenancy actually begins. So a tenancy is
created when three things happen. First
is when you and the landlord agree that
you can rent the place. Second is when
you're allowed to move in. For example,
they give you the keys or you have a key
to a specific date of moving in. And
then third, um there's an exchange of
money either through a deposit if you
pay a deposit or through a rent if you
pay a rent.
And then once a tenancy is created, a
tenancy agreement is automatically
created or established as well. So that
means a tenancy agreement
is a contract. It's a contract between
you and your landlord. And it explains
the rules of renting and what both sides
are responsible for. And it can come in
three forms. So, we have the written,
the one which are which we all are
familiar with, and then we also have
verbal. So, verbal meaning both of you
verbally agreed or said your agreement.
And then implied meaning your actions
show you agreed even if nothing was
written down. So, for example,
um
when you paid for the deposit.
So, a written tenancy agreement is the
document. It's a document of the tenancy
terms and it provides both parties the
clarity, the proof, and protection. So,
what you must know is that the RTA
requires that all tenancy must have a
written tenancy agreement. However, a
written tenancy agreement is not a
requirement or it's not necessary to
begin a tenancy because as we've
mentioned, a tenancy is created when
there is an agreement, a permission to
move in, or when there is an exchange of
money. So, what it means for you as a
renter is that even if you don't have
the written tenancy agreement, the
default rules in the Residential Tenancy
Act will still apply to you and you are
still covered by the law. So, both of
you, the landlord and you, have the
rights and responsibility under the RTA
or the Residential Tenancy Act.
So, now that we know when the tenancy
begins, let's talk about the written
tenancy agreement and the few things to
keep in mind as you sign your written
tenancy agreement. So, in BC, the
landlord is the one responsible for
preparing the written tenancy agreement.
And then the RTB um
recommends using form RTB1, which is the
standard tenancy agreement form. It's
designed to include all the required
legal terms and it helps make sure that
nothing important is missed. Um you can
check them out in our website so you
have an idea of what it should look
like. And then once the agreement is
ready, it is important that both you and
the landlord sign and date the tenancy
agreement because this confirms that
both you understand um
that both of you understand and agree to
the terms.
And after you decide, the landlord must
give you a copy within 21 days. This is
very important because you need your own
copy to refer to if um questions or
issue comes up later on.
And we also encourage renters to keep
copies of everything. So, not just your
written tenancy agreement, but any
conditions, any document related to your
um rent payment. And for added
protection, you may also want to take a
photo of the agreement as you as you
sign it just in case.
And then having your own records can
help prevent misunderstanding later on.
Okay, let's take a closer look of what
is inside a written tenancy agreement.
So, there are a few key sections that
you you should always expect to see when
um signing a written tenancy agreement.
First, there's the basic information.
So, the basic information should contain
who the agreement is between, the
address of the unit, and when the
tenancy starts. If anything here looks
wrong or is missing, ask about it before
you sign. And then next are the
important details.
So, people often have question about
this. So, it should contain the rent and
how much and when it is due. It should
also contain what deposit are included
and when it is due. And it also uh tell
you if whether the pets are allowed or
not.
This should also be clear and easy to
understand. And then finally, the
agreement should say how long the
tenancy last. So, we have
month-to-month, meaning the tenancy
doesn't have an end date and it's just
it just keeps going. So, a fixed-term
tenancy has an end date. But, in most
case cases, it will automatically become
a month-to-month tenancy after that.
And, I should also mention that with a
fixed-term tenancy, a landlord might
want to add
um
what we known a vacate clause. So, which
would imply that you have to move out
when the term of the agreement or the
lease is up. However, vacate clause can
only be included if the landlord or a
close family member plans to move in or
if you're subletting the unit, meaning
you're renting it off to another tenant.
And, the other tenant plans to return.
So, the key takeaway here is simple.
Read the agreement carefully, check for
these important details, and discuss it
um with your landlord if there's
anything that you wanted to ask.
And then, now that we have all those
important details, let's take a look at
um
what a tenancy agreement
uh or what type of terms
should a written tenancy agreement
include. So, a written tenancy agreement
includes standard terms. Um standard
terms, these are automatic rules that
comes from the law. They apply to every
tenancy in BC, and even if they're not
written in the agreement, for example,
rules about repairs or when a landlord
can enter the unit, it will apply to you
and to the landlord. And then, there are
additional terms. So, these are extra
rules that you and the landlord agree
on, like um whether pets are allowed or
if smoking is allowed. So, these terms
should always be written down and agreed
by both of you and the landlord. And,
they cannot also go against the law. So,
it's important to know um that not
everything in written agreement is
enforceable. So, some terms are illegal.
These are the rules that go against the
Residential Tenancy Act. For example, a
damage deposit that deposit that's
higher than allowed or a rent increase
above the legal unit or legal limit.
And other terms may be unfair. So, these
are the rules that put you on a serious
disadvantage without a good reason. For
example, not allowing an air conditioner
when there's no valid reason to restrict
it.
So, if you see these terms, try to talk
to your landlord and have them removed
before you sign, but even if you do
sign, illegal or terms are generally not
enforceable.
And then finally, there are what we call
material terms. So, these are the most
important rules in your agreement.
Breaking a material term can have a
serious consequence including eviction.
So, for example, if the agreement
clearly says no pets and you agree to
that, but later but later on you get a
pet. Um that could be a reason for the
landlord to end your tenancy. But, you
have it's important to note that
material terms is something that both
you and the landlord has agreed on.
That is
it is a big ticket item.
Okay, so moving on, let's talk about
damage deposit.
So, deposits are your money held for
later and they protect you and the
landlord. So, deposits are designed to
protect you for any damages that um
may happen during or after the tenancy.
So, security deposit, a landlord can
only ask for about 50% of 1 month's rent
as a security deposit. And then pet
damage deposit, if you have pets or if
the unit allows for pets, the landlord
can ask for a pet damage deposit and it
is also capped at 50% of 1 month's rent.
And that limit applies no matter how
many pets you have.
And the rules for deposits are simple.
So, you must pay these deposits within
30 days of the landlord requesting them.
Um this is very important because your
tenancy is legally considered
established once the money changes
hands. So, even if you sign the
agreement, you don't officially have a
tenancy until you pay the required
deposit or required deposit.
And then you can't use the deposit
towards rent without a written
permission. And finally, condition
inspections are essential for deposits.
So, without a proper inspection, it
becomes much harder to prove if damage
existed before you moved in.
So, now that we've covered that, we're
going to shift a little bit and let's
focus on talking about condition
inspection. So, one of the most
important steps when starting a new
tenancy is the move-in condition
inspection.
Um this inspection and the written
report is your protection if there's
ever a disagreement about your security
or pet pet deposit at the end of your
tenancy. So, a moving inspection gives
you and the landlord a chance to agree
on the condition of the unit on day one.
And by documenting everything up front,
you help prevent misunderstanding later
and create a clear record of what
damage, if any, already existed. So,
what are your roles? So, your roles in a
move-in inspection. First is to
participate in the inspection. You will
be given two opportunities to attend the
inspection. And if you can't be there,
you're allowed to send someone on your
behalf. But just make sure the landlord
has the name in their writing
beforehand. And if the landlord doesn't
schedule the inspection, put your
request in writing. If they still fail
to reschedule it, you're allowed to
complete the inspection by yourself
using form RTB 27. And then the landlord
may lose the right to claim against
their deposit.
Next is take photos and videos. So,
during the inspection, look through the
unit carefully, point out any damage or
cleanliness issues, and take your own
photos and videos for your own records.
The landlord may take their own photos,
but having your own set protects you in
case something was missed.
And then next, agree and discuss what
needs to be repaired. At the end of the
inspection, you will have the chance to
review the landlord's note on the
report. And then number four, or next,
once you and the landlord agree on the
condition of the unit and any repairs
needed, you need to sign the report. If
you later notice that something was
missed, let the landlord know right away
and don't wait for it too long.
And then lastly, get a copy of the
report. So, the landlord must give you a
copy of the completed form RTB 27 within
7 days, but we highly encourage renters
to be very proactive. So, if you don't
receive it, request it in writing. And
if the landlord fails to provide you the
copy, they may lose the right to claim
against your deposit.
So, a reminder, your participation is
very important. If you don't participate
in the inspection, you may also lose
your right to have your deposits
returned.
Okay. So, now that is being covered, I
will pass it to Dana to discuss with you
for during a tenancy.
>> Thanks, Jerilyn. Now that you've moved
in and everything's going well, let's
talk about some essential things you'll
need to know to make sure your tenancy
runs smoothly.
We talk a lot about your rights as a
renter, but you've also got some key
responsibilities, and paying rent is
number one. Landlords can issue a 10-day
eviction notice even if you're only one
day late paying or if you don't pay the
full amount. It's really important to
pay on time and keep proof of payment,
whether that's a receipt, a check
record, or an e-transfer confirmation.
One key message we want to be very clear
about, never withhold rent. Even if
you're frustrated about repairs or other
problems,
stopping rent can put you at risk of
eviction.
Rent can only be withheld if you have an
order from an RTB arbitrator or if
you've been paying a rent increase
that's higher than the legal limit. In
that case, you can deduct overpayments
from future rent, but you need to
explain this to your landlord in writing
before withholding rent.
We also want to quickly touch on rent
increases. A landlord can only raise the
rent once every 12 months. They have to
follow the RTB set limit, which is 2.3%
in 2026, 26, and they must give three
full months written notice showing the
amount and the date it starts. Rent
increase limits are announced in the
fall.
So, in short, as a renter, it's your
responsibility to pay rent on time, keep
records, and know that there are clear
rules around when and how rent can be
increased.
During your tenancy, you also have
what's called the right to quiet
enjoyment.
Plainly, this means that you should be
able to live in your home with
reasonable privacy and peace, and your
landlord can't just show up without
notice, and you shouldn't be dealing
with unnecessary disruptions. Quiet
enjoyment also means being free from
unreasonable disturbances.
So, normal living noise is expected,
things like people walking around or
everyday sounds from upstairs, but
ongoing issues like excessive noise or
secondhand smoke or harassment or pest
problems might get in the way of your
right to quiet enjoyment. You also have
the right to use your home normally.
That includes inviting guests, cooking
foods you like, practicing your
religion, and using shared facilities as
long as you're following your tenancy
agreement. This is both a right and a
responsibility. So, just as you're
entitled to enjoy your home, you're also
expected to make sure your guests and
your pets don't interfere with other
people's ability to enjoy theirs.
If you or your guests or your pets are
regularly disturbing others, then that
could lead to eviction. So, this is a
right and a responsibility. It protects
you, and it also requires you to be a
good neighbor.
So, yes, you're entitled to quiet
enjoyment, but let's talk about when a
landlord can legally enter your home.
Landlords have to give you written
notice before coming in. That means at
least 24 hours notice with the date, a
time between 8:00 a.m. and 9:00 p.m.,
and the reason for their coming the
reason they're coming in.
Common reasons might include to do some
repairs or just to do a scheduled
inspection.
There are only two exceptions where a
landlord can enter without notice. So,
that's real emergencies like a fire or a
flood, or when there's a court or an RTB
order. And just like you have the right
to privacy, you also have a
responsibility to allow access when a
landlord gives proper notice. So, the
balance is simple. You get privacy and
peace, and your landlord gets reasonable
access to maintain their rental unit.
Now that we've talked about access,
let's look at who's responsible for what
when it comes to repairs and
maintenance. As a renter, your
responsibilities are mostly about basic
care. That includes keeping the place
reasonably clean, taking care of garbage
and recycling, replacing things like
light bulbs, and fixing any damage
caused by you, your guests, or your
pets.
You also need to report repair issues as
soon as you notice them, and it's best
to do that in writing. Once you've
reported a problem, your landlord's
entitled to a reasonable amount of time
to fix it. Landlords are also
responsible for the big essential things
like heat, hot water, electricity,
locks, and the structure of the
building. They're also responsible for
repairing appliances if those appliances
are listed in your tenancy agreement,
and for handling any emergency repairs.
They'll likely want to come in on a
semi-regular basis and check the smoke
detectors, but this is also something
you should be checking. So again, it's
about balance. As a renter, you take
care of day-to-day upkeep, and the
landlord
takes care of major repairs that keep
the home safe and livable.
Emergency repairs work a little
differently from regular repairs, simply
because you can't wait weeks for them to
be fixed. Emergency repair is something
urgent, something that affects your
health or safety, or something like a
serious leak, a broken heating system in
winter, or unsafe electrical issues, or
a damaged lock that affects your ability
to secure the house. Your landlord is
responsible for making these repairs,
and hopefully they will as soon as
they're told about them.
But keep in mind, just because a broken
appliance is extremely inconvenient for
you, it does not make it an emergency
repair.
If a landlord doesn't respond to your
request for an emergency repair, there's
a process you need to follow. First, try
contacting your landlord twice, using
both phone and email or text. Keep
records of everything, photos, videos,
messages. If your landlord doesn't
respond, you can arrange this emergency
repair yourself, pay for it, and then
apply to the RTB to have that amount
deducted from your rent. Just make sure
you keep your receipts and all of your
documentation.
All right.
So, let's look at some common scenarios.
These are things that we notice that
come up often during a tenancy. We'll
start with guests that we we hear a lot
about guests. Your landlord can't
unreasonably restrict you from having
guests.
But, it's up to you to make sure that
your guests don't become occupants.
If a guest gets their mail at your
house, pays for any of your rent or
utilities, stays overnight regularly,
moves in personal items, or their pets,
or their furniture, or has a key to the
unit, it would be reasonable for your
landlord to assume that they have begun
living there.
Reasonable guest limits include
enforcing noise restrictions and making
sure your rental doesn't become
overcrowded.
Unreasonable requests are things like
guest fees, restrictions on the number
of guest stays per year, or guest
check-in policies.
But, what if you want someone to move
in?
Look at your tenancy agreement.
Sometimes there's a clause in there that
allows for additional occupants, but it
may include a term that the rent goes up
by a specific amount if the number of
tenants goes up. If there's no clause, a
landlord can't increase the rent because
someone moves in.
Also, know that this increase is based
on an additional adult occupant, and
it's not considered a rent increase
under the RTA. So, the landlord wouldn't
have to give 3 months notice, for
example.
And even if there is a clause in the
agreement that says rent goes up if
someone moves in,
the landlord can't increase the rent if
the additional occupant is a minor, or
someone under the age of 19.
Moving on from guests, let's talk about
some other common concerns that come
come during a tenancy. And we'll start
with pets.
If you have a pet, you're responsible
for any damage caused by it. And that
includes costs above and beyond the pet
deposit if the damage is significant.
And just a reminder, even if your pet
dies or no longer lives with you, the
pet deposit isn't typically returned
until the end of the tenancy.
Guide and service dogs are treated
differently. They don't require a pet
deposit and landlords can't apply pet
restrictions to them.
For smoking and cannabis, always check
your tenancy agreements. Some buildings
are completely non-smoking and you're
expected to follow those rules. While
it's legal to grow non-medical cannabis
in BC, landlords can and often do
include restrictions.
The tenancy agreement should clearly
state whether you're allowed to smoke
and where and whether not you're allowed
to grow cannabis.
Okay, so you've had a good run and the
tenancy is now coming to an end. But
just like when any relationship ends,
it's always best when there's no hard
feelings. In this next section, I'm
going to walk you through what to expect
at the end of your tenancy.
We get a lot of questions from renters
who want to move out before their lease
is up, which is tricky because you
signed a legal document saying you plan
to stay for a specific amount of time.
If you're on a fixed-term lease, it
can't end early unless both you and your
landlord agree,
there's a special circumstance like
you're fleeing family violence or you've
been assessed as needing to move to a
health care facility,
or if the RTB orders it. Otherwise,
you're responsible for the rent until
the end of the lease or until the
landlord can find someone else to rent
the place.
If the landlord has to lower the rent in
order to attract a new tenant, you could
be responsible for paying the
difference. This is another reason you
need to be really thoughtful when you
sign a fixed-term lease.
For a month-to-month tenancy, you just
need to give proper written notice. And
that notice has to include your name,
the date, the address of the unit, the
date you plan to move out, and your
signature. And remember, you need to
give this notice to your landlord at
least 1 full month before your rent is
due.
Ending a tenancy properly protects your
deposit and helps you avoid penalties.
So, getting that written notice right is
important.
Now that we've talked about how tenants
can end a tenancy, let's look at the
other side, when the landlord wants to
end the tenancy.
Any eviction notice has to be in
writing. It has to use an RTB approved
form, and it has to clearly state both
the reason and the effective date. The
two most common types of notices are
first, the non-payment of rent or
utilities, which would come up as a
10-day notice. So, you have 5 days to
either pay the full amount or dispute
the notice. And if you don't, the
eviction goes ahead.
The second most type of notice is
eviction for cause, and this is a
1-month notice for things like serious
damage, illegal activity, repeated late
rent payments, disturbing other tenants,
or breaching a material term of the
tenancy agreement. So, you have 10 days
to dispute this type of notice.
The key thing I want you to remember is
that every valid notice has timelines,
and those timelines matter. If you
receive a notice, act fast so you don't
lose your right to dispute it.
Okay. So, we've talked about evictions
for non-payment of rent and evictions
for cause, the 10-day and 1-month
notices. Now, let's look at other
reasons a landlord might want to end a
tenancy.
The first is landlord's use of property.
That's when the landlord, one of their
immediate family members, or sometimes a
purchaser of the property wants to move
into it.
For this one, you get a 3-month notice,
and you have 21 days to dispute it if
you think it is invalid. So, if you
think that the landlord is not planning
to move in, and importantly,
the landlord has to give you 1 month's
rent as compensation.
>> [snorts]
>> The second is for major renovations,
demolition, or conversion. For these
situations, the landlord has to give you
a 4-month notice, and you have 30 days
to dispute it. They also need to have
all the necessary permits and approvals
required by law, and they have to have
plans to demolish the unit, convert it
into a strata lots, or convert the
property into co-op housing, or convert
it into non-residential space, like a
commercial space.
After the renovations, you have you
would have first rate of refusal,
refusal, meaning you get the first
chance to move back in if you want to.
Now that we've talked about the
different types of notices a landlord
can serve, let's look at one more way a
tenancy can end, and this one is much
simpler. It's by mutual agreement.
A mutual agreement to end tenancy just
means that you and your landlord both
agree in writing that the tenancy will
end on a certain date. There's no
dispute process, no formal notice
period, and it's simply an agreement
between you and your landlord.
You'll use form RTB 8, and it's really
important that both of you sign it, and
that you keep a copy for your records.
One thing to keep in mind, if you end
the tenancy by mutual agreement, you
won't receive the compensation you might
have been entitled to if the landlord
had served you a formal notice to end
tenancy.
On the other hand, landlords also can't
claim compensation from you that they
might have been entitled to if you'd
ended a fixed-term lease early.
A mutual agreement is the cleanest,
simplest way to end a tenancy. Just make
sure it's in writing, that it's signed,
and that everyone keeps a copy. Now,
we're going to shift to talking about
how to get your security deposit back.
Okay, we can't talk about security
deposits without mentioning the move-out
inspection.
The move-out inspection works just like
the move-in inspection. It's your chance
to walk through the unit with your
landlord and compare the condition of
the home when you first arrived to the
condition that it's in now. This is a
key document that determines whether
your security or pet deposit gets
returned. If your landlord doesn't show
up for the inspection, they could lose
the right to claim any of your deposit.
And if you don't participate, you may
lose the right to get it back.
Before the inspection, make sure the
place is cleaned thoroughly and that
you've repaired any damage that you
caused that's beyond normal wear and
tear. Otherwise, you can be charged for
cleaning or repairs. And just like at
move-in, take photos or videos so that
you can have your own record.
The inspection has to happen on or after
the last day of your tenancy, and your
landlord must offer you two
opportunities to attend.
All right, we're nearly done, but we
left deposits for last. I would bet that
our information services team,
um, the folks who answer the phones at
our call center, and the people who
answer your emails would agree that
people are most often concerned and
confused about damage deposits and how
to get them back. So, let's talk about
how to get your security and pet
deposits returned at the end of your
tenancy. The main thing to know is this:
Your landlord can only keep money from
your deposits in very limited
situations. They can deduct money for
un- They
They can't deduct money for unpaid rent,
damage beyond normal wear and tear, or
unpaid utilities, but only if they're
listed in your agreement.
To start the process of getting your
deposit back, you need to give your
landlord your forwarding address in
writing. Once they have that, they have
15 days to either return your deposit or
apply to the RTB for permission to keep
some or all of it. A landlord can only
keep money from your deposit if you
agree in writing or if they get an RTB
order. Otherwise, the deposit has to be
returned. One last detail that's easy to
miss, interest is calculated on the full
deposit first before any deductions are
made. So, give your landlord your
forwarding address, watch the 15-day
timeline, and know exactly when a
landlord can and can't keep your money.
All right, thanks so much for watching
this video. If you've got additional
questions, please reach out to us by
visiting our website at
gov.bc.ca/landlordtenant
or by calling
our call center at the numbers listed on
the screen or sending us an email at
hsrto@gov.bc.ca.
As well, we offer regular real-time
webinars, so consider joining us and at
these sessions you'll have an
opportunity to ask for
any of your questions of our information
services team and you can register on
our website.