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What is a good first step for a landlord before starting a new tenancy?
To start a tenancy landlords can conduct a credit check on their prospective tenant. This is a wise first step because it enables the landlord to be sure that the tenant is credit-worthy. Additionally, obtaining the applicant’s rental history, income, and criminal background are good rules of thumb. Landlords should have their prospective tenant fill out a rental application to gather all of the neccassary information, which include the required permissions to conduct background investigations in order to start the screening process.
Is a written rental agreement required?
A written tenancy agreement is required in British Columbia. A signed copy of the rental agreement must be given to the tenant within 21 days after the start of tenancy. Each Province possesses their own set of rules and regulations. It is important to use a British Columbia-specific rental agreement.
Are there any restrictions for fees such as application fees or late fees?
APPLICATION FEE: A landlord may NOT charge a fee for processing, accepting, or investigating a rental application. A fee for accepting a tenant is not permitted either.
LATE FEE/NSF FEE: A late fee or an insufficient funds (NSF) cheque fee may be charged but for not more than $25. This should be specified in the rental agreement.
KEYS: The landlord may charge a fee if the landlord requests additional keys or replacement keys. A fee for the initial keys is not permitted.
Are damage deposits allowed in British Columbia?
Landlords have the option to require tenants to pay a security deposit; also known as a damage deposit. It can be no more than an amount equal to one half of a months rent. The security deposit may only be accepted at the start of the tenancy.
At the end of the tenancy, what happens to the damage deposit?
Provided there are no damages, the landlord is required to return the entire damage deposit, plus any pet damage deposit if applicable as paid by the tenant including interest. This must be done within fifteen (15) days after the tenancy ends. The tenant must provide a forwarding address. If there are any physical damages created by the tenant, occupants or guests, these may be deducted from the damage deposit. There are specific procedures to follow regarding damage deposits in British Columbia. For specific information regarding damage and pet deposits, review the British Columbia Fact Sheet – Damage Deposits.
Are rent receipts required?
A rent receipt must be given to the tenant if rent is paid by cash.
Who is responsible for maintenance and repairs?
The landlord must maintain and provide repairs and make sure that the rental unit complies by all health, fire and safety laws. The tenant is responsible for any repairs directly resulting from the negligence or abuse of the tenant, the tenant’s occupants and any of the tenant’s guests. A tenancy agreement MAY NOT include terms that make the tenant responsible for maintenance and repairs as a condition of the rental agreement. A landlord and tenant may agree in a separate agreement that the tenant may provide for specific maintenance or repairs in return for direct payment or as rent.
When can a landlord enter the rental unit?
The landlord must give at least 24 hours’ (but no longer than 30 days’) written notice, stating why and when they will be entering the unit. This rule does not apply if there is an emergency.
When are rent increases allowed?
The landlord must wait 12 months from the start of lease term before increasing the rent. If the rent was previously increased, the landlord must still wait another 12 months before increasing the rent again. When increasing the rent the landlord must serve the tenant with the approved British Columbia Rent Increase Notice form. The amount permitted to increase rent is changed each year and is set by the Residential Tenancy Branch. This information is available on the British Columbia Residential Tenancy Branch website.
How does a tenancy end?
Generally, the tenant must vacate the unit by 1:00 PM on the day the the rental agreement terminates or ends, unless the landlord and tenant have agreed upon different terms. Otherwise a landlord must have a reason to end the tenancy, often referred to as “cause.” Examples of cause include non-payment of rent or utilities, or the landlord may need to live in the rental property herself, or a violation of the rental agreement or Residential Tenancy Act.
How is the Residential Tenancy Branch (RTB) contacted?
Landlords and tenants may contact the RTB either by phone:
Lower Mainland: 604-660-1020
Victoria: 250-387-1602
Elsewhere in BC: 1-800-665-8779; or email at: HSRTO@gov.bc.ca.
DISCLAIMER: This article is a general discussion of British Columbia rental regulations. It is not legal advice. Regulations are constantly changing and the reader is urged to always consult with the Residential Tenancy Branch or a local solicitor. No warranties or guarantees to the accurateness of this information are being made.
