Tenancy Agreements: The Residential Tenancy Act
Residential tenancy in British Columbia, with the exception of commercial tenancies, shared accommodation and most room and board situations, is governed by the Residential Tenancy Act.
Tenancy Agreements
To rent in British Columbia, the landlord and tenant must enter into a written tenancy agreement. Effective July 1, 1996, new tenancy agreements between landlord and tenant must be in writing and must contain terms that outline the rights and responsibilities of both parties. Terms that must be in a written tenancy agreement include security deposits, payment of rent, rent increases, repairs, access and ending the tenancy.
The landlord and tenant can negotiate additional terms that may be added to the agreement such as any arrangements about pets, parking, decorating and who is responsible for the payment of utilities. However, any additional terms in the agreement that are in conflict with the Residential Tenancy Act may not be enforceable.
A copy of the written tenancy agreement must be provided to the tenant no later than 21 days after the agreement is entered into. If a landlord doesn’t provide a copy of the written agreement within 21 days after signing, the tenant may withhold rent until a copy is provided.
Landlord and Tenants Rights and Obligations
A tenant is entitled to quiet and peaceful enjoyment of the premises. A landlord may enter the tenant’s home only under the following circumstances:
- there is an emergency, such as fire, damaged or blocked pipes or flooding;
- the tenant is at home and agrees to let the landlord in;
- the tenant agreed, not more than one month before, to let them in for a certain reason;
- the tenant has abandoned the residential premises;
- the landlord has an arbitrator’s order or court order to enter the residential premises;
- the landlord has given the tenant written notice and reasons at least 24 hours and not more than 72 hours in advance.
Repairs and Services
A landlord and tenant are responsible for maintaining, repairing and servicing the residential premises.
Tenant’s Responsibilities
- Repair any damage that they or their guests cause, whether on purpose or accident.
- Keep the premises in a condition that meets health and cleanliness standards.
- Contact the landlord as soon as possible when a serious problem arises involving repairs or services that are the responsibility of the landlord. Pay rent on time.
If a tenant doesn’t pay all the rent when it was due, the landlord can give the tenant a 10-day notice to move out. The tenant doesn’t have to move out if they pay all the rent owing within five days of receiving the notice.
Landlord’s Responsibilities
- Maintain the building and property to health, safety and housing standards.
- Oversee repairs for serious problems.
- Post emergency contact information in a visible place in the building.
When either a landlord or tenant do not live up to their obligations, the other party can contact the Residential Tenancy Office for assistance and if the dispute is not resolved, apply for arbitration. An arbitrator will be appointed to settle the dispute at a hearing after which the arbitrator will give an order. An order of a Residential Tenancy Arbitrator can be registered in the British Columbia Provincial Court to form a court order.