An Overview of Rental Tenancy Act in B.C.

For most newcomers in Canada, finding a residential place is one of the biggest challenges. It's essential to know your rights as a tenant to find a comfortable and safe place to call home first.  

Individuals looking forward to settling in British Columbia should know about British Columbia's Rental Tenancy Act. 

The Residential Tenancy Act sets rental housing rules in B.C. It sets out protections for both landlords and tenants. The law applies to rented houses as well as rental apartments. It also applies to any other property under rental housing like rented co-op units and rents strata units 

Responsibilities of landlords and tenants under B.C. Rental Tenancy Act

For tenants 

Tenants are typically responsible for the following: 

• Paying the rental charges and other related expenses mentioned in the tenancy agreement according to the period mentioned in the contract
• Keeping the common areas of the rental house clean 
• Repairing the damages caused either by them or any of their guests
• Informing the landlord about the issues such as bed bugs, mice, or cockroaches.  

For landlords 

Landlord responsibilities under the B.C. rental tenancy act include the following:

• Ensuring the building and rental unit are reasonably suitable, safe, and healthy for living.
• Providing an agreement mentioning the terms and conditions of tenancy, rent receipts (if paid by tenants in cash), condition inspection reports, and more. 
• Repairing and maintaining the building to keep it in good condition.
• Ensuring the building and rental place have proper plumbing, heating, walls, electricity, locks, ceilings, and floors. There shouldn't be any water holes or leaks. 
• Maintaining the appliances mentioned in the tenancy agreement like laundry facilities, fridges, storage sheds, stoves, and garages.  

Bc rental tenancy act - tenancy agreement

As per the Residential Tenancy Act, the landlord should create a tenancy agreement in writing for the tenant. The contract should cover all essential things such as a fixed term or period of the tenancy (monthly or weekly), rent amount, due date of rent, security deposit amount, and more. You can find a template of the tenancy agreement on the official website. 

Both the tenant and landlord should sign the tenancy agreement and mention the date, and the agreement copy should be given to the tenant within 21 days of the contract. If the landlord doesn't create a tenancy agreement, the rules laid under British Columbia's residential tenancy law shall apply. 

Rules for ending tenancy – for tenants 

The tenant can end the tenancy by giving notice to the landlord in writing, and it should include the rental unit's address and the date of leaving the rental unit. In a periodic or month-to-month tenancy, the tenant is liable for giving notice at least a month before leaving the rental house. 

In the case of a fixed-term tenancy, the tenant leaves the unit at the term's end. Here the tenant isn't required to give any prior notice to the landlord beforehand. However, the tenant should provide a written statement towards the tenancy's end at least a month before the due date.

Tenants may consider leaving a tenancy if the landlord breaches a material term. It happens when the landlord denies facilitating the tenant with essential services like water, heat, or electricity.  

The tenant should give a written warning mentioning a breach of a term and asking the landlord to fix the violation. If the landlord doesn't remedy the breach within a reasonable time, the tenant can end the tenancy once the notice is sent to the landlord in writing. 

Rules for a refund of security deposit  

The tenant and landlord must inspect the rental unit at the end of the tenancy's term, and the landlord prepares a condition inspection report accordingly. Also, the landlord gives the copy of the information to the tenant within 15 days of the tenant's leaving the rental unit or when the landlord gets the tenant's forwarding address (whichever is later). 

Suppose the landlord fails to complete or give the inspection report's copy to the tenant. In that case, they'll lose the right to claim damage charges (if any) for building or unit maintenance against the security deposit. Also, as per the Tenancy Act in B.C., tenants who do not take part in the inspection may not get the security amount back.  

Once the tenant moves out and gives a forwarding address to the landlord in writing, the following conditions must be fulfilled by the landlord within 15 days:

• Refund the security deposit along with the pet damage deposit (if given by the tenant) 
• Create an agreement for the deductions which are to be made from the security deposit and returnable deposit amount 
• File a resolution application for any dispute related to deposits or deductions 

If the landlord doesn't do any of the above-listed things, the tenant will get the entire deposit as per the Rental Tenancy Act BC. 

Suppose the tenant gives a forwarding address to the landlord within a year of moving out and fails to return the deposit amount. In that case, the tenant has 24 months (starting from when the tenancy ended) to apply for dispute resolution to the Residential Tenancy Branch to issue notice against the landlord for returning double the deposit. 

If the tenant does not give the landlord their forwarding address within one year of moving out, they can keep the security deposit. This is why renters in B.C. sign up for tenant insurance. It provides protection cover to their belongings and living expenses like liability claims and moving costs in case of any accidental damage.  

Endnote 

The rental BC Tenancy Act defines the roles and responsibilities of the tenants and the landlords, and it covers all significant aspects of tenancy. For example, if you have a pet and are looking for a pet-friendly home, you'll need to attach a pet resume to your application describing your pet, temperament, training, and other details. 

The various rules specified in this act work in the best interest of both parties. Hence, it is best to understand the basic rules and regulations.