Renting Rights and Responsibilities

Understanding your rights

Most rental housing in BC is protected by the Residential Tenancy Act (RTA), which is a provincial law outlining tenant and landlord rights and responsibilities. The following are resources and information to help you understand your rights as a renter (i.e. tenant).

Tenancy Agreements

Tenancy Agreements: A tenancy agreement is a contract between a landlord and tenant. Landlords must prepare a written agreement for every tenancy. Both landlords and tenants must sign and date the agreement. Consider the following before signing a tenancy agreement.

• You should make certain to read the agreement carefully before you sign it because it is a legal document. If you can’t understand it, ask someone for assistance. You don’t have to sign it right away. You can tell the landlord that you need some time to review it before you sign.
• You should be provided with a copy of the tenancy agreement.
• If you sign a lease and you decide to move out earlier than you expect, you may have to pay the monthly rent until the lease is over.
• Ask about what happens if you want to give notice. Do you have a specific a period of time? What if you need to move right away – what will be the charge?
• Ask about the possibility of adding roommates' names to the agreement if your living situation changes.
• Ask about whether or not you will be paying for utilities such as heat, water, cable and Internet.
• Ask about whether or not you can you have pets.

Quiet Enjoyment

Quiet Enjoyment: According to Section 28 of the Residential Tenancy Act (RTA), the principle of "quiet enjoyment" ensures that every BC tenant has the right to:

• reasonable privacy
• freedom from unreasonable disturbances
• exclusive use of their rental unit (except in situations where the RTA allows a landlord to enter)
• use of common areas for reasonable purposes, free from significant interference

Discrimination

A landlord cannot refuse to rent to you because of your:

• Indigenous identity
• race
• colour
• ancestry
• place of origin
• religion
• marital status
• family status
• physical or mental disability
• sex
• sexual orientation
• age (if 19 or older)
• lawful source of income

However, there are some exceptions:

• the person will be sharing sleeping, bathroom, or cooking facilities with another person
• the building is designated for adults age 55 and older
• the unit has the required permits to be designated for people with disabilities

Refer to Tenant Resource and Advisory Centre's on "Human Rights" for more details.

Landlord Responsibilities

Repairs and Maintenance: Landlords are generally responsible for the following repair and maintenance issues:

• heating, plumbing, and electricity
• walls, floors, and ceilings
• locks, keys, access devices, and intercoms
• light fixtures in common areas
• fire doors, fire escapes, and smoke detectors
• elevators
• painting at reasonable intervals
• cleaning the outside of windows at reasonable intervals
• routine yard maintenance, such as cutting grass and clearing snow, in multi-unit complexes
• tree cutting and pruning
• insect and pest infestations, such as bed bugs
• serious mold issues
• anything else that has been included as part of a tenancy agreement, such as appliances

Landlord Entry: To legally enter a rental unit, landlords must provide tenants with written notice at least 24 hours -- but not more than 30 days -- before entering.

Tenant Responsibilities

Tenant Responsibilities: tenants must maintain reasonable health, cleanliness, and sanitary standards in their rental unit. For example, tenants are generally responsible for the following:

• reasonable maintenance of carpets
• wiping or vacuuming baseboards and baseboard heaters to remove dust and dirt
• removal of garbage from the rental unit
• replacing light bulbs and standard fuses
• routine yard maintenance, such as cutting grass and clearing snow, if you have exclusive use of the yard

Housing Not Covered by RTA

Please note that there are some types of housing not included under the RTA. If the RTA does not apply to your living situation, you will still have certain rights under common law, but they will be less clear and harder to enforce. One common example is accommodation where the tenant shares a bathroom or kitchen with the owner of the property. Refer to the full list here. If the RTA does not cover your living situation, you will not be able to apply for dispute resolution through the RTB.

Resources

There are a variety of resources to help you better understand your rights as a renter, including but not limited to:

• Tenant Resource and Advisory Centre (TRAC): Free legal education and advocacy for BC tenants.
• Your Tenancy: Information you need to know about Starting a Tenancy, During a Tenancy, Ending a Tenancy, and Dispute Resolution
• Legal and Illegal Fees: Your landlord can include certain fees as part of your tenancy agreement, but there are limits to what they can charge you. Also see Deposits
• Renting it Right (course): This free online learning platform teaches BC tenants how to find rental housing, maintain problem-free tenancies, and resolve legal disputes with landlords
• The Residential Tenancy Branch (RTB): The Residential Tenancy Branch provides information, resources and dispute resolution services for tenants and landlords
• Legal Representation from TRAC: TRAC has a team of lawyers and legal advocates who provide free legal representation to eligible tenants living in British Columbia