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PAGE 810, THE HERALD, Wednesday, Octaber 16, 1974

and obligations involved in landlord/ten

new laws, and what they mean to you {

On October ist, the Government of British Columbia proclaimed a new Landlord and Tenant Act governing the rights

ant relationships. What,toliows on this page, is a very
the landlord, and you the tenant. '

simple summary of those

While this is only a summary, and does not cover all the laws found in the new Landlord and Tenant Act, it does deal

with the questions most commonly asked. This page will be of value to you a5 a p

_-worth clipping and saving.

For purposes of interpreting and applying the law ii

are available at nominal cost from the Queen’s Printer, Parliament Bulldings, Victoria, B. C.

The Office of the
Rentalsman

The laws contained in the new Landlard and

"Tenant Actof British Columbia govern
relationships belween jandiords and tenants .
who rent residential premises. The Act clearly

_ defines many of the rights and obligations of
both parties.

Misuniderstandings may still arise, however,” oo

and ilis tor this reason that the government has
- established the rentalsman — to actas
‘embudsman and mediator in landiord-tenant
disputes, and lo provide prompt decisions.

_ The services of the rentalsman are free, and
can’save both landlords and tenants lengthy -
and costly legal action, Questions can be
directed by phone. by mailor in person.

-. WhatIs Covered By
the Landlord and
Tenant Act? —

“. ‘The Act applies generally to all dwelling units
_Used forresidential premises (including mobile
_- homes and land thatis rented for mobile :
: hames), butit doesnot apply to non-profit 1
co-operatives, or nursing home facilities
‘licensed by the Department of Heallh.

Tenancy
Agreements

: the landiord and tenant about the rent,

: services, privileges and restrictions respecting

“". the resid ential premises reached when the
- tenant agrees to rent the premises from the

‘landlord.

Coe A tenancy agreement doesn't have to be in
a “writing, Awritten agreement is advantageous
“olandiordandtenantintheeventofa

: subsequent dispute, but a verbal agreement is:
‘a valid agreement. Whatever the form.of
agreement, it may be changed only when both
: tandiord. and tenant agree to the change.

” Any lermotan agreement which takes away .

ze the rights of either party given by the Actis void.
- Alandiord can include any reasonable’
o abligation, orrestrictionina tenancy
An agreement. If there is doubt whether a
"restriction or obligation is reasonable, the
ve rentalsman should be consulted.
_ Where the tenancy agreement is in writing,

“tothe tenant within 21 days. Untilhe receives
_vsueh acopy, the tenant has no obligation to

: “honor any part of the agreement, including the .
- payment of rent ,

: Terminating A.

Tenancy Agreement :

-— Giving Notice

woe - A notice of termination trom eilher the
~ landlord or the tenant must be in writing, must
include the address of the premises, must

“specify the day on which the premises aretobe -

vacated (the termination date), and it must be
signed. ltig recommended that the landlord
_ also outline his reasons for giving notice. —
The termination date must be set ane day
before the day on which the rentis due.
In amonth-to-month tenancy, where Ihe
- tenant pays rent every month; notice must be
\ ‘given not less than 30 days before the
* termination date.
“. In’a week-lo-week lenancy, notice must be
". given not less than 28 days belore the

/, y..) termination date and, again, the date must be

ae sel one day before a rent payment day.

> Where a tenancy agreement isior aspecitied |

: “period oftime, such asa year, unless.the
‘7. landlord gives 30 days notice of lermination, or
‘ “anew tenancy agreement is antered into, the
tenancy agreement becomes amonth- -to-
ae month. tenancy.
~ There are some exceptions to thase rules.
For ‘example, if the landiard requires the
.. premises for himself, his wife, children, parents
_or(n-laws, 60 days notice must be given to the:

“tenant. Other exceptions are discussed under —

=~ the headings “Aeasons for Termination" an
: “Conversions from Rental Accommodation

Reasons For

tenancy agreementis the contract between a

“ “the landlord must give a copy ofthe agreement

Conversions

Atenant candeiiver written nolice to the
landlord personally or by ordinary mail.

A landlord mustattempt to deliver a written
notice to the tenantor if this cannot be done, a
notice may be given toan adult apparently
residing with the tenant; by certified or
registered mail, ar by posting the noticé up on

‘Ihe tenant's door, or in some place where the
jenantwoutd be sure to see it.

-- A tenant who receives a notice of termination

may raquire thal the landiord give him detailed

reasons in writing within the next twodays. The
tenant may dispute the termination by giving

-. ' foticeto the rentalsman, ‘not less than 15 days
* before the termination date specified, The
» rentalsman will then decide if tthe termination | is

justified.

'

. «a _ pe
Termination
A landlord cannot arbitrarily terminate a ‘
tenancy agreement. He must have a valid.

reason. The tenant may appeal to the
rentalsman to determine whether or not the

‘reason is justified. A landiord may terminataa

tenancy agreement if:
® A tenant fails 10 pay rentowing within five
days after receipt of a notice of demand

_ fromthe landlord.

@ Atenantorhis guest(s) disturb other -
tenants in the building.

® Atenant damages the premises beyond

' reasonable wear and tear.

® The landlord requires the premises for his
own use, for the use of his wile, child,

, . parents orin-laws. :

e The premises are going to be demolished.

@ The premises are to be converted to
condominium or co-operative housing, or
ifthe jandlord intends to enter into a lease
arrangement of more than three years.

’  @ The tenant knowingly misrepresents the .
premises to a prospective tenant or
purchaser. :

@ The tenancy agreement is for residential
premises in a hotel, motel, etc., orif the
agreement clearly stipulates aseasonal

_arrangement and a termination date.

@ The premises become occupied by a
' person under 19 years of age, contrary to

., the tenancy agreement. _

‘ The premises become occupied bya
.: larger number of persons under 19 years
“of aga than was agreed uponin the
~ tenancy agreement,

e The tenant or his guest(s) endangerthe °
’ gatety of the landlord or othertenants.
@ The tenantis an employee whose .
residential premises were provided by the
_- employer and are withdrawn upon the
termination of employment.
_@ An unreasonable number of persans are
occupying the premises. :
There is one special circumstance in which
the tenant cannot dispute the landlord's notice —
of tarminiation: The tenant does nothavethis) +...

~ right if the landlord has already applied torand

abtained the rentaisman's written consentte .
ihetermination. The rentalsman will give this
consent only where the landiord’satisfies him, - ut
that the tenarit’s conduct is severely. disturbing uo
(hepeace or endangering the safety of |
neighbouring tenants oriscausing — ,
extraordinary damage to the premises. :

fromRental  _
Accommodation:

Ithas already been mentioned thata landlord :
canterminale a tenancy agreement because “ee
heis going to convert the premises into ais:
condominium orco-operative or snterintoa © -
tenancy agreament for more than Ihree years,
When this occurs, the landiard must have the
approval of the municipajlly where the
premises are located, and he mustgive the ~
tenant 120 days nalice af termination. Where
the building is to be demolished, 120 days
noaticeis algo required. Thalandlord mustalso
pay the tenant's moving expenses up to $300.

inthis situation, the tenant may decide to
vacate before the termination date speciliad by _
the landlord, lf so, he must give the landlord
nolice of the day he intends to leave and such,
nolice must be given to thalandiord no later
ithan.10 days priarto the termination date

.

lece of reference material, well .

in more detail, the Act itself shoutd be consulted. Copies of the Act

specified by the landiord. The tenant must pay
rent up to the date he leaves the premises. ~

Rent Increase

An increase in rent in respect toa particular -
residential premises may not taka place more.
than once every 12 months, regardless of ofa .
change in the landlord or tenant.

A landlord must give the tenant written notice
af such increase al leas! three months in

advance.

Any reduction in services or acharge for
services tormerly supplied free to a tenantis’
considered arentincrease, unlessthe ~
rentalaman orders otherwise.

Non-Payment of

Rent

When a tenant fails to pay his rent, the

Jandlard may deliver'to him a written demand

for payment, This demand is to be delivered
between the seventh and twentieth day |
lollowing the day an which the rent was -
payable. :
Ifthe tenant has not paid within five days of
receiving the written demand, the landlord may
give the tenant a notice of termination. Ina
week-lo-week tanancy, termination may occur
on the tenth day following the receiptofthe
written demand. In all other tenancies,
termination may occur on the lastday of the |

rental period far which the landlord hasnot. {7
. been paid.” ;

-Alandlord may not seize ihe personal,
possessions of a tenant for non-payment ot”
rant. :

Standards of
Maintenance

A landlord has an obligation to keep the:
premises he rentsin a condition which meets *
health and safety standards. He must atso -
maintain’ the premises in a reasonable and ..

. acceptable state of repair and decoration, in

keeping with the age, character and location af.

the premises. >

The tenant has an obligation to keep the a

’ premises in a condition which satisties ordinary

standards of cleanliness and to repair any.-

Failure by elther party to meet these

a obligations isa breach of the lenancy

agreement.
_..2ither party can call upon the rentalsman to
determine whether or nat the other party! is

“meeting his obligations.

- If the rentalsman determines that the tenant :

“_ haseaused extraordinary damage, he could
"order the tenant's immediate eviction.

lf the rentalsman determines thatthe

* Jandlord i isnot maintaining proper standards or ,

-providing essential services, hé may order the

_/ tenant te pay rent directly to the rentalsman,
“and use the funds to pay for the neaded repairs,

“maintenance or services. Unless the —
“-rentalsman orders otherwise, atenant must —
ontinue'to pay his rent.

“UNDER NO CIRCUMSTANCES SHOULD RENT :
-BE SENT TO THE RENTALSMAN UNLESS IT

Rights of Privacy -

a (When may ajandlord entera tenant's 5

: premises?)

The general rule. - ;
Alandlord may enter the tanant's premises in

"- an emergency, when he has reason to believe

“that the tenant has permanently abandoned the
: “premises, orwhen the tenant consents.
Under most other circumstances, the

_ ‘landlord must give the tenant 24 hours notice of
~ his intention to enter and specify atime

a between 8 am. and 9p. mi,

“Shawing the premises to prospective tenants. ©

‘' When a notice of termination has been given,

Ms ‘the landlord may wish to show the premises to
- ‘prospective tenants. Uniess the tenant agrees
-Sto less notice, the landlord must give not less
. than eight hours notice in writing of his
- Intention to show the premises.

on Damage inspection atter termination,

: inspection, He must give the tenant atleast -

' hecan only inspect for damage within 36 hours
- ofthat notice of entry.

" ‘p.m. unless the tenant agrees otherwise.

Locks

* security may the landlord change the fock on
~~ the main doar of the building,

Residential
7 Premises?

“may sublet premises if ihe tenancy is fora term
~of six months or longer: The landlord's consent.

~~ tenancy agreement so provides, oruntesshis. ;
=“ landlord consents to the subletting. _

. “General

- abandoned, a landlord may notremovea..

- government agencies througout thé province _ SO pa
~ or from the Department of Housing, Renters” To
7 Resource Grant Branch, 8e7 Fort Street, |

oe Victoria, B.C.

Actor adecision of the...

“termination, he must notily the tenant within 48.

* onthe tenant's door without mutual consent.

Subletting

: his agent forcibly remove or lock out atenant
: from the tenant's residential premises. :

“"- fanters’ resource grant of $60 if thay are 65
Je years or over. . :
damage he or his quest cause by negligence OF

_Wilfulacts. -_ $30.

— Any person who knowingly
” or wilfully fails to abide by

offence. -

- ' be resolved by the applicationot common’ ;
sense ‘and courtesy. If you have aserlous *

or in the Act, please contact: |

When the landlord gives a notice of, 7
hours if he wishes to make a damage
eighthours notice of hisintantion to enter, and

Theitandlord may make only one damage
inspection, and it must be belween 8 a.m. and 9

~” Alandiord or tenant may not change the lock

Only inan emergency involving a threat to

Who May Enter

A landlord must allow political candidates ar.
their canvassers to enter a residential building: -

Atandlord cannot refuse entrance to invited -
guesis, of his tenants. .

~Exceptin the case of public housing, a tenant °

“must be abfained, but alandlord may Tot:
reasonably withhold his consant,  ¢:

: No other tenant can sublet unless the

. Underno circumstances may alandiardo

“Unless a residential premises has bean”

tenant’ s possess: Ons.

‘ “Tenants in our province are now eligible tora

“Tenants under 65 are eligible for a grant ot,

“Application forms are available at

the Landlord and Tenant °

rentalsman is guilty: of an. oo

Most landiord- tena misunderstandings ca

prablem, and ifyou.don't find the answer a)

The Office of the Rentalsman,
525 Seymour Street, _ a
Vancouver, V6B3H7, © > ©

British Columbia. ne
689-0811 (Call Collect) >