Landlord & Tenant Issues

Tenants: What you need to know

Under BC’s residential tenancy law, tenants are responsible for:

• paying rent and other fees in the tenancy agreement on time
• maintaining reasonable health, cleanliness and sanitary standards of the rental unit and common areas
• repairing any damage, they or their guests cause, as soon as possible (this does not include reasonable wear and tear)
• telling the landlord of any needed repairs or problems, such as mice, cockroaches, or bedbugs
• not disturbing other people living in the building or neighbouring property and not letting guests do so either 

Most residential tenancies in British Columbia are covered by the Residential Tenancy Act (RTA). This Act establishes rights of tenants and responsibilities of landlords. There are numerous protections for tenants.

A common problem for tenants in the Lower Mainland is “renoviction”. A renoviction occurs where a tenant is evicted so that the landlord can renovate the home. The RTA permits renoviction, but only in very specific circumstances, and it is often abused by landlords. For example, a landlord may claim that they are making “major renovations” that require a unit to be empty for an extended period of time, when in actuality, they are only painting or installing new floors. This is not permitted under the law.

Another common occurrence of renoviction is when a home is purchased and the new owner claims that a family member will live in the unit, which can be a legal eviction, but it is then renovated and flipped instead. These actions are illegal, and tenants have remedies available. A lawyer knowledgeable in tenancy law can help tenants avoid eviction or obtain compensation for wrongful eviction.

Landlords have many additional obligations under the RTA. Issues that frequently arise, and that a lawyer can assist with, are:

• Landlords improperly entering the unit
• Landlords failing to make repairs
• Landlord refusing to allow you to sublet your unit
• Landlord improperly keeping security deposit
• Improper rent increase

For renoviction and other types of eviction, there are very short and strict timelines for disputing eviction notices. A Spraggs Law lawyer can assist you with completing the appropriate forms and ensure you meet the required deadlines.

Landlords: What you need to know

A Landlord plays many roles during the life of a tenancy. Regardless of how well you screen tenants and how clear your residential tenant agreements are, sometimes issues arise that may not be solved without the assistance of a lawyer.

As a Landlords you are responsible for:

• making sure the rental unit and the building meet the health, safety and housing standards required by law;
• making repairs and keeping the rental unit and building in good condition
• paying the utility bills if utilities are included in the rent
• investigate any complaints about disturbances
• ensure the Tenant’s right to quiet enjoyment and peaceful occupation of the premises is respected
• ensuring the rental unit and building has proper heating, plumbing, electricity, locks, walls, floors, and ceilings (with no water leaks or holes)
• maintaining anything included in the tenancy agreement, such as the fridge, stove, laundry facilities, garages, and storage sheds

At Spraggs Law, we assist Landlords in navigating the laws and regulations of the Residential Tenancy Act and Regulations and if needed full representation before the Residential Tenancy Branch.