Residential Tenancies Kevin Love

The Residential Tenancy Act Sets out the rights and obligations of landlords and tenants. RTA Section 1: "tenancy agreement"  can be written or oral, express or implied. “Standard terms” in Residential Tenancy Regulation automatically included in every tenancy agreement. Cannot contract out of RTA or standard terms.

What is Not Covered by the RTA See section 4 of RTA: Most co-ops and manufactured home parks. Tenant shares bathroom or kitchen with owner. Vacation or travel accommodation. Accommodation provided by educational institution to students or employees. Rentals primarily for business purposes. Tenancies longer than 20 years. Shelters and transitional housing. Certain health care facilities.

Moving In Tenant and landlord do condition inspection report. Landlord must offer tenant two opportunities. Note: Must also re-inspect if landlord later allows pet. Can send an agent. Failure to attend can forfeit right to damage deposit.

Damage and Pet Deposits Max 50% of one month’s rent for damage deposit. Max 50% of one month’s rent for pet deposit. Must be imposed at start of tenancy agreement or when landlord first allows pet.

Landlord Must… Have unit rekeyed if tenant requests at move in. Provide receipt for rent paid in cash. Repair and maintain. Provide a number for emergency repairs.

Landlord Must Not… Restrict or charge for access to the unit by tenant or guests. Seize or impede access to the tenants personal property without court order or if property abandoned. Restrict essential services or services required under tenancy agreement. Restrict any other service without giving 30 days notice and a rent reduction. Enter unit without giving 24 hours notice. Change the locks without giving tenants keys. Unreasonably withhold consent to assign/sublet or charge for subletting/assigning.

Tenant Must… Pay rent. maintain reasonable health, cleanliness, and sanitary standards.  Repair damage they cause. Leave unit reasonably clean and undamaged at move out.

Tenant Must Not… Sublet or assign the unit with the landlord’s consent. Damage the unit except reasonable wear and tear. Change locks without landlord’s consent or an order.

Rent Increases Can increase rent by inflation rate + 2% without order: 12 months after the start of tenancy; or 12 months after the date of last rent increase. Can apply for extraordinary rent increase for: Unforeseeable repairs. Extraordinary increase in operating costs. Unforeseeable financing costs. A rent increase the landlord receives if they are also a tenant of same unit. No limit on rent increase for a new tenancy.

Ending a Tenancy Notice to end a tenancy must be in writing. Should use Residential Tenancy Branch forms as there are specific requirements. Must be effective on the day before rent is due, except for unpaid rent. For tenants, deadlines to challenge are short and strict. Cannot extend beyond effective date of notice. No dispute means you conclusively accept end of tenancy.

Ending a Tenancy: Landlord’s Notice for Unpaid Rent 10 day notice to end. Tenant must pay rent or dispute within 5 days. No relief from forfeiture. Ruthless.

Ending a Tenancy: Landlord’s Notice for Cause One month notice to end. Some common examples (not exhaustive, see s.47 of RTA): Repeat late payment (generally 3 times in 12 months). Unreasonable number of occupants. Disturb other tenants or landlord. Jeopardize health and safety. Extraordinary damage to the property / put property at risk. Breach of material term (written notice required). Sublet or assign without landlord’s consent. Tenant has 10 days to dispute.

Ending a Tenancy: Landlord’s Use of Property Two month notice to end. Examples of landlord’s use: Landlord or close family member intends to occupy unit. Purchaser or close family member intends to occupy unit. Landlord has all permits to demolish / renovate / repair / convert unit. Landlord must prove good faith. Tenant has 15 days to dispute.

Ending a Tenancy: Landlord’s Use of Property Tenant entitled to one month’s rent in compensation. Two additional months’ compensation if landlord does not: Take steps towards the stated purpose within a reasonable time; or Does not use the property for the stated purpose for at least six months.

Ending a Tenancy: Other One month notice to end if employment with landlord as caretaker/manager ends and unit needed for new employee. Two month notice if tenant ceases to qualify for subsidized unit (if provided for in tenancy agreement). Tenancy ends if frustrated. Fixed term tenancies: No “vacate clauses” unless landlord or close family member intends in good faith to reoccupy at end of term.

Ending a Tenancy: Tenant’s Notice One month notice to end. If fixed term, term must be over. Note: Exception for family violence or tenant in long-term care. Breach of material term not corrected within reasonable time after written notice.

Return of Damage Deposit Move out condition inspection report. Landlord must give tenant two opportunities. Tenant must give landlord forwarding address to send damage deposit. If landlord does not return damage deposit or make claim within 15 days, must pay tenant double.

Common Disputes Tenant seeking to cancel notice to end tenancy. Landlord seeking order of possession. Return / keep damage deposit. Landlord or tenant seeking compensation (monetary Order). Tenant seeking rent reduction. Tenant seeking to have services restored. Tenant asking for repairs to unit.

Disputes Disputes go to the Residential Tenancy Branch. Overview: File an application for dispute resolution. RTB gives applicant hearing package including a notice of the hearing date. Applicant must serve package within 3 days. Applicant’s evidence filed and served no less than 14 days before hearing. Respondent’s evidence filed and served no less than 7 days pre-hearing. Most hearings are conducted by teleconference.

Service Deemed service dates: Mail: 5 days Fax: 3 days. Attaching to door: 3 days. Leaving in a mailbox or mail slot: 3 days. If client actually gets document before, go with that date. If client actually gets document after, can rebut deemed service. Special rules for how to serve certain document in section 89 of RTA (i.e. applications for dispute resolution).

Resources for Dispute Resolution RTB website. RTB Rules of Procedure. RTB Policy Guidelines.

Post-Decision: Reconsiderations Three grounds for reconsideration: Unable to attend hearing for reasons beyond your control. New evidence not available at time of hearing. Fraud. Procedural fairness? Deadline can be as short as 2 days, so move quick! No enforcement while reconsideration pending. Can also apply to clarify or correct minor errors in decision.

Post-Decision: Judicial Review BCSC judge reviews RTB decision for serious errors or unfairness. Deadline is 60 days. Does not put eviction on hold, often need a “stay”. Refer out quickly! Access pro bono duty counsel at Vancouver Courthouse Library. Self-help centre at Vancouver Courthouse. CLAS.

Post Decision: Enforcement Monetary orders are enforced through Small Claims Court. Orders of possession are enforced through BCSC. Landlord must use court bailiff to evict.

QUESTIONS?