Landlord & Tenant Frequently Asked Questions

http://www.rto.gov.bc.ca/documents/Guides/ACT_English.pdf us this web site to

answer the following questions.

What is a security deposit?

An amount of money that a landlord can take in to ensure the units security.
Must a landlord provide a receipt for a security deposit?
A landlord must only provide a receipt if asked by the tenant.
Does a landlord have to pay interest on a security deposit?
Yes. The must calculate the on the full amount owing before any deductions are
made.
How much can be charged for a security deposit?
A maximum of half of a months rent.
How much time does a landlord have to return a security deposit after the tenant
moves out?
A landlord must return the deposit within 1 month of the tenant leaving.
What is a rental agreement?
These are the rules that are established by a landlord.
What are the types of rental agreements?
Tenancy agreements, rental units and residential properties.
Must a landlord give a copy of a signed rental agreement to the tenant?
Yes and within 21 days of signing.
Must a landlord give a tenant a copy of the Residential Tenancies Act?
No, it is the tenants responsibility to look up the act and know their
rights/responsibilities in their own time.
What is a Rental Premises Condition Report form?
This is a report that a landlord uses to ensure the safety of a unit before and after a
tenant moves in.

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

No because nothing is legally binding since nothing is signed.
Can a landlord request post dated cheques for rent payments?
Yes but it should be listed as a term in the rental agreements.
Are there residential premises not covered by the Act?
Residential premises that are no covered include:

Emergency and transitional housing.

Community care, continuing care and assisted living facilities.
Hospitals.
Accommodation owned/operated by an educational institution.
Accommodation where the tenant shares bathroom or kitchen facilities with
the accommodations owner.
Accommodation occupied for vacation or travel.
Co-ops or not for profit cooperative housing where the tenant is a member of
the cooperative.
Correctional institutions.
Accommodation rented under a tenancy agreement for a term longer than 20
years.

Does the Act apply to business/commercial rental agreements?

No, these are not technically tenants.
Is a tenant responsible to have insurance on his/her personal belongings?
Yes, the tenant should obtain their own insurance. Only in exceptional cases it can
be claimed under the landlords insurance.
When a rented premises is sold to a new owner, does the rental agreement
continue?
Yes, the new owner/landlord cannot evict the tenant without due cause.
What happens to a security deposit when there is a change in ownership?
The tenant has one year to request their security deposit back from the former
landlord.
Can a landlord charge a fee for late payment of rent?
A landlord cannot charge for being late.

Can a landlord charge a fee if a tenant's rent cheque is returned because of non
sufficient funds (N.S.F.) in the tenant's account?
Yes, they can.
Can a tenant withhold rent because a landlord is not maintaining the premises?
Yes, if it is drastic enough to be considered as emergency repairs.
Can a landlord terminate a rental agreement when the tenant does not pay rent?
A landlord can issue a 10-day notice to end tenancy.
Can a landlord increase rent by giving a verbal notice to the tenant?
No because nothing is signed and legally binding.
Can a landlord increase rent anytime?
Rent can only increase once a year, law permitting.
Is a tenant responsible for damages to the residential premises?
The tenant is responsible for damages if they were offered 2 opportunities to do an
on-site inspection.
What can a landlord do if a tenant has not repaired damages?
The landlord must repair damages to the unit.
Can a termination notice be verbal?
No because it is not legally binding.
Where can I get a copy of the Residential Tenancies Act?
http://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residentialtenancies/forms/rtb1.pdf
If a landlord gives a tenant a Termination Notice in writing, is the tenant required to
give a written notice of his departure?
Yes, from mail or in person.