Landlord & Tenant Questions

What is a security deposit? A security deposit cannot be more than half of one
months rent. A landlord can charge only one security deposit for each tenancy
agreement. The landlord cannot ask for more deposit money if the rent increases or
more people move in, and cannot require a security deposit after the tenancy
agreement has begun. Once the security deposit is paid, the tenancy is considered
to be started regardless of whether a tenancy agreement is signed.

Must a landlord provide a receipt for a security deposit? A landlord shall give the
tenant a written receipt stating the amount of the deposit, the date of payment, and
the premises to which it applies. The security deposit is not an asset of the landlord,
but must be held in trust by the landlord.

Does a landlord have to pay interest on a security deposit? When a security deposit
is refunded to a tenant, a landlord shall also pay interest on the security deposit for
the entire period the landlord has had the security deposit.

How much can be charged for a security deposit? A security deposit cannot be
more than half of one months rent.

How much time does a landlord have to return a security deposit after the tenant
moves out? 15 days.

What is a rental agreement? A contract signed by both the landlord and tenant
establishing the rules of the tenancy.

What are the types of rental agreements? week-to-week, month-to-month, a fixed

term of not less than 6 months and not more than 12 months.

Must a landlord give a copy of a signed rental agreement to the tenant? Yes.

Must a landlord give a tenant a copy of the Residential Tenancies Act? The landlord
must give the tenant a copy of the signed and dated tenancy agreement within 21
days of signing.

What is a Rental Premises Condition Report form? Its a signed document that
shows the condition of the residential premises at the beginning and end of the
rental agreement.

Does the Residential Tenancies Act apply to a verbal rental agreement? Yes.

Can a landlord request postdated cheques for rent payments? A landlord can
request post-dated cheques from the tenant, but cannot refuse other methods of
payment.

Are there residential premises not covered by the Act? There are certain premises
which do not come under the Act, such as accommodations.

Does the Act apply to business/commercial rental agreements? No.

Is a tenant responsible to have insurance on his/her personal belongings? Yes, a

tenant's personal belongings are not covered by insurance the landlord may have
on the residential premises.

When a rented premises is sold to a new owner, does the rental agreement
continue? Yes the rental agreement continues as if there was no change in
ownership, however a foreclosure may result in an exception.

What happens to a security deposit when there is a change in ownership? The new
owner will be responsible for the security deposit.

Can a landlord charge a fee for late payment of rent? If a tenant does not pay the
rent on time, the landlord can give the tenant a 10-Day Notice to End Tenancy for
unpaid rent.

Can a landlord charge a fee if a tenant's rent cheque is returned because of nonsufficient funds (N.S.F.) in the tenant's account? If a rent cheque is returned N.S.F.,
a landlord may charge a fee not greater than $25.00.

Can a tenant withhold rent because a landlord is not maintaining the premises?
There are limited situations when a tenant can withhold the entire or partial rent.
These are: By order of the Residential Tenancy Branch (RTB), when the landlord
agrees in writing, when a tenant has overpaid their deposit, when the landlord
illegally increases the rent, when the landlord does not reimburse the tenant for
emergency repairs after receiving the written account and receipts.

Can a landlord terminate a rental agreement when the tenant does not pay rent? If
a tenant does not pay the rent on time, the landlord can give the tenant a 10-Day
Notice to End Tenancy for unpaid rent.

Can a landlord increase rent by giving a verbal notice to the tenant? To raise the
rent above the permitted amount, the landlord must have either the tenants
written agreement or an RTB order.

Can a landlord increase rent anytime? Rent can increase only once a year and only
by an amount permitted by law. The law allows ination plus 2%, as well as a
proportion of increases in some operating costs.

Is a tenant responsible for damages to the residential premises? A landlord and

tenant are both responsible for repairs and maintenance. A tenant is responsible for
repairing any damage they, their guests or pets cause.

What can a landlord do if a tenant has not repaired damages? A landlord can
request in writing a tenant to repair damages. If the tenant fails to do the repairs

within 3 days, or a reasonable time, if appropriate, then a landlord can give a tenant
a written Termination Notice of not less than 5 days.

Can a termination notice be verbal? No.

Where can I get a copy of the Residential Tenancies Act? Official copies of the Act
can be purchased for $5.25 (including tax) at their Locations and at the Government
Service Centres.

If a landlord gives a tenant a Termination Notice in writing, is the tenant required to

give a written notice of his departure? Yes, all notices of termination by a landlord
will also require a written notice from a tenant when he is leaving, otherwise rent is
payable to effective date of termination.