What types of rental accommodations are covered by British Columbia legislation governing residential tenancies?

Renting of residential premises are governed by the provincial Residential Tenancy Act and Regulation. Manufactured home parks are governed by the Manufactured Home Park Tenancy Act and Regulation.

What types of rental accommodations are NOT covered by this legislation?

* Premises which are used for business purposes and which have living accommodations attached and rented under a single agreement
* Housing rented by non-profit housing co-ops to co-op members
* Dormitory or other accommodations owned and operated by an educational institution, for students and employees
* Premises where a tenant shares bathroom and kitchen facilities with the owner
* Travel and vacation rental accommodations
* Emergency or transitional housing
* Housing rented under a tenancy agreement with a term longer than 20 years
* Housing that falls under the Manufactured Home Park Tenancy Act, the Community Care Facility Act, the Continuing Care Act, Hospital Act or Mental Health Act
* Certain other prescribed housing

What types of rental periods are provided for in the legislation?

A lease can be (i) a periodic lease where the rental period can be by the calendar week, month or year, or (ii) a fixed term lease for a specific period of time. Most tenancies are month to month.

Is it necessary to have a written lease?

Yes, it is mandatory to have a written lease or tenancy agreement. The landlord must provide the tenant with a signed copy of the agreement within 21 days of signing.

A signed move-in / move-out checklist is required. The landlord and the tenant must conduct incoming and outgoing inspections and complete a Condition Inspection Report for move-in and move-out.

Can the landlord charge a deposit?

Yes, the landlord is allowed to charge a security deposit of no more than one-half of a month’s rent. If the tenant pays more than this, the overpayment can be deducted from any rent owing. However, if pets are allowed in the rental premises, the landlord can ask for an additional 1/2 month’s rent as a pet damage deposit.

The landlord can also require a deposit for keys and garage door openers, etc in addition to the security and pet damage deposits.

The interest rate on these deposits is 4.5% below the prime lending rate of the principal banker to the Province on the first day of each calendar year, compounded annually. The landlord has 15 days after the tenant vacates the premises or provides a forwarding address, to either return the deposit or get the tenant’s written consent to deduct unpaid rent and other allowable charges from the deposit. If the tenant does not consent, the landlord must apply to an arbitrator within the 15-day period. Pet damage deposits can ONLY be used for damage caused by a pet.

What about post-dated cheques?

The landlord is at liberty to ask a tenant to provide post-dated cheques.

When is the landlord allowed to increase the rent?

The Province of BC has rent control. A landlord must give the tenant 3 month’s notice (using the prescribed form) before increasing the rent. The tenant cannot dispute the rent increase unless the increase is more than the allowable amount, which is 4.6% for conventional tenancies and 2.6% for manufactured home park tenancies.

When is rent considered late?

The day after it is due. For instance, if the rent is due on the 1st of the month, it is considered late on the 2nd.

How can a lease be terminated?

The lease must specify an expiry date with vacant possession. If no date is specified, the lease automatically converts to a month-to-month tenancy. Prior to the expiry, the parties must either renegotiate or terminate the lease. A tenant who wants to terminate a lease prior to the expiry date may be liable for the landlord’s costs in re-renting, including any lost rent. A landlord may terminate a tenancy only for specified reasons as provided in the legislation, and cannot end a tenancy only because the fixed term has expired unless the lease specifies that the tenant will vacate at the end of the term. When a fixed term tenancy reverts to month-to-month, the landlord cannot force a tenant to sign another lease or agree to another fixed term.

A tenant must give one (1) calendar month’s notice in writing to the landlord the day before the rent is due. A landlord must use the prescribed Notice to End a Tenancy form, and must give 10 days notice for non-payment of rent, 1 month for cause or conduct, and 2 months for landlord’s use of property.

Can a tenant assign a lease or sublet the premises?

A tenant can assign a tenancy agreement or sublet the premises only if the landlord consents in writing. However, the tenant may sublet or assign a lease for a fixed term tenancy of more than 6 months, or for a manufactured home site tenancy, provided that the requirements of the applicable Act and Regulations are complied with. The landlord has the right to approve the assignment or sublease, but cannot arbitrarily withhold such consent.

When is the landlord permitted to enter the premises?

Unless there is an emergency or the tenant agrees otherwise, the landlord is required to give no less than 24 hours and no more than 30 days written notice to enter the premises, between the hours of 8 am and 9 pm. Notice can be served in person, placed in the tenant’s mailbox or taped on the door of the premises at least 3 days prior to the requested date of entry.

On what grounds can a landlord evict a tenant?

* For non-payment of rent, upon 10 days’ notice; 5 days to pay rent or vacate the premises in 10 days.
* For material breach of the lease, upon 1 month’s notice, provided that the tenant has been given one written warning and a reasonable period of time to comply or to correct the breach.
* For cause or conduct, upon 1 month’s notice. The tenant has 10 days to dispute.
* For landlord’s use of property, upon 2 months’ notice. The tenant has 15 days to dispute. The landlord is required to pay the equivalent of 1 month’s rent to the tenant on or before the date on which the tenancy ends.

If the tenant disputes the Notice to End Tenancy, the landlord must prove that there is valid reason to end the tenancy. If the tenant does not dispute, the tenant is deemed to have accepted the termination.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.