BC Renters Rights & Rental Act
Renters' rights in British Columbia are covered by the Residential Tenancy Act, which is administered by the Residential Tenancy Branch of the provincial government's Office of Housing and Construction Standards. The Residential Tenancy Act applies to tenancy agreements, rental units and other residential properties. It does not apply to certain types of rental housing, such as facilities owned and operated by a school for its employees or students, or rental accommodation where the tenant shares a bathroom or kitchen with the owner of the accommodation.
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Tenancy Agreements
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Landlords in British Columbia are required to prepare written tenancy agreements, which must include the correct legal names of the landlord and tenant, the address of the property being rented, the date the agreement was entered into, the address and phone number of the landlord or the landlord's agent, and the starting date of the tenancy. If there is a fixed-term lease included in the agreement, it must specify the date the tenancy ends and if the tenant may continue to occupy the premises on a periodic or fixed-term basis after that date, or if the tenant is required to move out of the premises at that time.
When there is no lease, the agreement should identify if the tenancy is provided by the week, month or another time period. Other information that a tenancy agreement must contain includes the amount of rent payable for a specific period, the day that rent must be paid, any services or facilities included as part of the rent, such as electricity or other utilities, and the amount of the security deposit or pet damage deposit as well as the date on which those deposits must be or were paid.
A landlord must give a tenant a copy of any tenancy agreement within 21 days of the date the agreement was entered into. Standard terms of a tenancy agreement may not be changed, but other terms may be added, changed or removed if both the landlord and tenant agree to the change. Landlords may not charge any fees for accepting or processing an application for tenancy, investigating a person's suitability as a tenant, or accepting a person as a tenant.
Prohibitions on Pets
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Tenancy agreements in British Columbia may prohibit pets or restrict the size, and describe the type or number of pets that a tenant is allowed to have. They may also describe obligations that a renter must fulfill as a condition of having a pet in the rental unit or property.
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Deposits
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Landlords may require security deposits or pet damage deposits as part of a tenancy agreement in British Columbia, but they must not be more than the equivalent of half of one month's rent.
Rent Increases
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Landlords may not increase rent for at least 12 months after the the date a new tenant's rent was established as part of the tenancy agreement or, for continuing tenants, the date on which a previous rent increase took effect. Tenants must be given three months' notice before a rent increase.
Restrictions on Entry
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Landlords must provide at least 24 hours' written notice if they need to enter a tenant's rental property, which must include the reason why entering the property is necessary.
Eviction
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Landlords can terminate a tenancy if the tenant fails to pay rent on the date that it is due by informing the tenant of the intention to end the tenancy on a date at least 10 days after the date the tenant receives the notice. Tenants who receive such a notice must either pay the overdue rent within five days, which means that the notice will no longer be in effect, or make an application for dispute resolution. Failure to take these actions is considered acceptance that the tenancy will end on the date indicated by the notice and compels the tenant to move out of the rental unit by that date.
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References
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