Establ blishi shing ng a a Tena nancy Express or Implied Agreements And express or implied agreement can occur when a Module 2 landlord and tenant intimate that a tenancy has been entered into. A landlord accepting money such as rent, or a deposit is a common example of an express or implied tenancy.
Establ blishi shing ng a a Tena nancy Written Agreements Module 2 While a tenancy can be established several ways a written agreement is recommended to ensure a successful tenancy.
Ten enancy Ag Agreem ements s – Standa dard T d Terms RTA Module 2 The RTA states that a landlord must prepare a written agreement that must include prescribed standard terms. Regulations When the RTA states that something is prescribed it means that it will be found in the Residential Tenancy Regulations. The Regulations are supplemental to the RTA and help further define and activate sections of the RTA.
Ten enancy Ag Agreem ements s – Standa dard T d Terms Regulations – Schedule Module 2 Found at the end of a Regulations is a schedule that prescribes the wording of standard terms that apply to all tenancies in BC.
Ten enancy Ag Agreem ements s – Import ortance Why is a written agreement important? Module 2 A tenancy agreement establishes the rights and responsibilities for landlords and tenants. If a landlord would like to prohibit or limit something within tenancy it will generally need to be written in the agreement.
Ten enancy Ag Agreem ements s – Addit itio ional T l Term rms A landlord may add additional terms to an agreement before signing so long as the terms are distinguishable as separate from the standard terms and is: Module 2 • Consistent with the RTA • Conscionable • Expressed in a manner that makes the rights or obligations clear
Ten enancy Ag Agreem ements s – Addit itio ional T l Term rms Pets A landlord may include a term that prohibits pets, or Module 2 restricts the size, kind, or number of pets a tenant may keep. All tenancies are subject to the Guide Dog and Service Dog Act.
Ten enancy Ag Agreem ements s – Addit itio ional T l Term rms Module 2 Smoking A landlord may prohibit the smoking/vaping of tobacco, cannabis or any other combustible material.
Ten enancy Ag Agreem ements s – Addit itio ional T l Term rms Cannabis A landlord may include a term prohibiting the growth, Module 2 production, and processing of cannabis. All agreements entered into on or before October 17, 2018 are considered to prohibit the growth of cannabis while any agreements entered into after this date must include a specific term.
Ten enancy Ag Agreem ements s – Amendm ndmen ents Can a landlord make changes to a tenancy agreement after the agreement is signed? Module 2 With the tenant's consent, which is given by having all parties initial and date the change, a landlord may make changes to an agreement. Changes may not alter the content of a standard term.
Depo eposi sits Security Deposit A landlord may collect as a term of their tenancy a Module 2 security deposit of up to one half of a months rent. Pet Damage Deposit If a landlord allows a tenant to keep a pet in the rental unit or residential property, they may collect a pet damage deposit of up to one half of a months rent.
Depo eposi sits When can you take a deposit? Module 2 Deposits are generally taken at the start of a tenancy and, in the case of a pet damage deposit, when the landlord allows a tenant keep a pet.
Depo eposi sits Module 2 How long does a tenant have to pay a deposit? Tenants have 30 days from the date the deposit was required to pay the deposit.
Condi dition I n Inspe pection What are they and why are they important? A condition inspection documents the state of the rental Module 2 unit at the start and end of tenancy. It is a requirement under the RTA for a landlord to schedule and complete a condition inspection with their tenant and failure to do so could result in a landlord forfeiting their right to claim for damage or cleaning.
Condi dition I n Inspe pection Scheduling A landlord must schedule a condition inspection in accordance with the Regulations. The landlord must offer Module 2 one opportunity either in writing or orally, if the tenant does not agree they may propose an alternative time. If an agreement on a date and time cannot be reached or if the tenant does not a respond a landlord must serve a “Notice of Final Opportunity to Schedule a Condition Inspection.
Condi dition I n Inspe pection Form Module 2 A landlord must complete a condition inspection either on the approved form provide by the RTB or on a form that includes the prescribed information. As regulated a landlord must provide a copy of the completed move in Condition Inspection within 7 days.
Case S e Study dy – Dec ecisi sion 646 6467 In this hearing the applicant (a landlord) filed a claim to cover the cost to repair the rental damage caused by the Module 2 tenant. The arbitrator ruled in favour of the landlord as the landlord was able to prove, using the Condition Inspection Report, that the tenant had caused the damage to the rental unit.
Case S e Study dy – Dec ecisi sion 646 6467 “I find that the landlords proved, with invoice and condition inspection report as well as undisputed Module 2 testimony that the walls required patch work and painting at the end of the tenancy that were beyond regular wear and tear over the course of the tenancy”
Case S e Study dy – Dec ecisi sion 646 6467 Evidentiary weight of a condition inspection report 21 In dispute resolution proceedings, a condition Module 2 inspection report completed in accordance with this Part is evidence of the state of repair and condition of the rental unit or residential property on the date of the inspection, unless either the landlord or the tenant has a preponderance of evidence to the contrary.
Module 2 Ques estions? ns?
During ng a a tena nanc ncy This section covers the importance of following the processes outlined in the RTA and Regulations. Participants will review procedures and requisite forms Module 3 for: • Collecting rent • Rent Increases • Emergency Repairs • Maintenance • Notice of Entry • Sublet/Assign
Know Y You our r For orms We have already covered the importance of certain forms such as the Application for Tenancy, Tenancy Agreement, and Condition Inspection but there are many other forms Module 3 that may need to utilized during a tenancy. In some cases it is required that you use an approved form provided by the RTB and in some cases you may use your own or one provided by an association.
Know Y You our r For orms RTB Forms On the RTB website there are many forms provided to landlords and tenants to use in various situations, from Module 3 increasing rent to ending tenancies. Knowing whether you must use an approved form vs one you have made can be difficult. We recommend always using the forms found on the RTB website unless you belong to a reputable industry association that provides an alternative.
Collec ecting ng R Rent When is Rent Due? Rent is generally due on the 1 st of the month unless the Module 3 agreement states otherwise. Must landlords provide a receipt? A landlord must provide a written receipt for the payment of rent if the payment is made in cash.
Ren ent I Inc ncreases es Can a landlord increase rent during a tenancy? Yes, a landlord may increase rent during a tenancy. Module 3 Information as to the timing, amount, requisite form and notice period can be found in both the RTA and the Regulations.
Ren ent I Inc ncreases es When can a landlord increase the rent? Rent can be increased no sooner than 12 months after the rent was initially established or increased. Module 3 How much can a landlord Increase the rent? The rent increase formula is prescribed in the regulations and is set at inflation at the end of July. For 2019 the rent increase is 2.5 percent
Ren ent I Inc ncreases es Does a landlord have to use an approved form? Yes, landlord must use the approved form found on the Module 3 RTB website. The form is called “Notice of Rent Increase - Residential Rental Units RTB-7” How much notice must a landlord provide a tenant when increasing rent? A landlord must provide 3 clear calendar months notice when increasing rent.
Emergenc ency r repa pairs What are emergency repairs? In the context of the RTA and a residential tenancy an emergency Module 3 repair is a repair that is: • urgent, • necessary for the health or safety of anyone or for the preservation or use of residential property, and • made for the purpose of repairing • major leaks in pipes or the roof, • damaged or blocked water or sewer pipes or plumbing fixtures, • the primary heating system, • damaged or defective locks that give access to a rental unit, • the electrical systems,
Emergenc ency r repa pairs The landlord must post and maintain in a conspicuous place on Module 3 residential property, or give to a tenant in writing, the name and telephone number of a person the tenant is to contact for emergency repairs.
Emergenc ency r repa pairs A tenant may have emergency repairs made only when all of the following conditions are met: • emergency repairs are needed; Module 3 • the tenant has made at least 2 attempts to telephone, at the number provided, the person identified by the landlord as the person to contact for emergency repairs; • following those attempts, the tenant has given the landlord reasonable time to make the repairs.
Emergenc ency r repa pairs A landlord may take over completion of an Module 3 emergency repair at any time.
Emergenc ency r repa pairs • A landlord must reimburse a tenant for amounts paid for emergency repairs if the tenant • claims reimbursement for those amounts from the Module 3 landlord, and • gives the landlord a written account of the emergency repairs accompanied by a receipt for each amount claimed.
Emergenc ency r repa pairs If a landlord does not reimburse a tenant as required, the tenant Module 3 may deduct the amount from rent or otherwise recover the amount.
Maintena nanc nce During a tenancy both landlord and tenants have Module 3 responsibilities to maintain the rental unit and residential property. Policy Guideline 1 outlines many of these responsibilities.
No Notice o of Entr try Tenants have the right to reasonable privacy and a landlord may not enter the rental unit unless: • The tenant has provided permission at the time of entry and not more than 30 days Module 3 • The landlord provides written notice to enter • The landlord provides housekeeping services • The landlord has an order from the director authorizing the entry • The tenant has abandoned the rental unit • An emergency exists and the entry is necessary to protect life or property
Notice o No of Entr try Is there an approved form? No, the RTB does not provide a form for entry to a rental Module 3 unit, LandlordBC provides one to its members. How much notice is required? A landlord must provide at least 24 hours notice before entering a rental unit.
Sublet V Vs. A Assignm nmen ent What is sublet? Tenants are vacating the rental unit and then returning to the unit. In their absence new tenants take their place but Module 3 are your tenant's tenants. What is assignment? Tenants are vacating the rental unit; not returning and new tenants are taking over their contract.
Sublet and Assignm nmen ent, M Misc. Rules es Can I put “no subletting or assignment” in my agreement? No, landlords cannot unreasonably withhold consent to allow a tenant to sublet or assign if there are 6 months or Module 3 more remaining in the fixed term. Can a tenant sublet on a month to month? Technically yes but landlords have the right to decline a sublet in this situation.
Methods o of Se Servic vice Method Of Service Delay In Person Immediately Module 3 To an Adult Person Residing Immediately With The Tenant On the Door/In Mailbox 3 Days Later Mail/Registered Mail 5 Days Later
Module 3 Ques estions? ns?
How a a T Tena nanc ncy Ends ds Participants will identify the various ways a tenancy may Module 4 end and how each scenario may affect them and their tenants. This section will also review the RTB’s methods of enforcement of the Notices to End of Tenancy.
How a a T Tena nanc ncy Ends ds A tenancy may end if: • the tenant or landlord gives notice to end the tenancy in accordance with the RTA Module 4 • the tenancy agreement is a fixed term tenancy agreement that, in circumstances prescribed requires the tenant to vacate the rental unit at the end of the term; • the landlord and tenant agree in writing to end the tenancy; • the tenant vacates or abandons the rental unit; • the tenancy agreement is frustrated; • the director orders that the tenancy is ended; • the tenancy agreement is a sublease agreement.
Tenants ts No Notice A Notice to End Tenancy from a tenant must include: • Name Module 4 • Rental unit address • Statement ending tenancy • Date • Date of End of Tenancy • Signature
Fixed T ed Term Tena nancies es Module 4 A tenancy may end if the agreement says that the tenant must vacate at the end of the tenancy if: • The landlord or close family member will be moving into the rental unit • The agreement is a sublet agreement and the original tenant is returning to the rental unit
Mutua ual A Agree eemen ent t to End T d Tena nanc ncy Module 4 A landlord and tenant may agree to end a tenancy in writing. The agreement can end the tenancy on any date both parties agree.
Abando ndonm nment Tenant’s occasionally leave their rental with little or no notice. To consider if a rental unit is abandoned, we need to consider a variety of factors. Module 4 • When did the tenant last regularly reside in the rental unit? • Has the tenant removed all or most of their belongings? • Has the tenant indicated they are not returning to the rental unit? • Are the circumstances surrounding their departure such that it would be unlikely for them to return?
How a a T Tena nanc ncy Ends ds – Landl ndlords ds N Notice A landlord may end a tenancy using one of the following forms: • 10 Day Notice to End Tenancy for Unpaid Rent or Module 4 Utilities RTB-30 • 1 Month Notice to End Tenancy RTB-33 • 2 Month Notice to End Tenancy RTB-32 • 4 Month Notice to End Tenancy. RTB-29
10 Day N 10 D Notice t e to End nd T Ten enancy f for Unp Unpaid Ren ent o or Ut Utilities R es RTB-30 30 A landlord may end a tenancy using the 10-day notice to end tenancy if the tenant has not paid rent in full or on the date in which it is due. Module 4 A landlord may also end a tenancy using the 10-day notice if the tenant is responsible for paying the landlord the utilities, separate from the rent, and the tenant has not made full payment within 30 days of receiving a written demand with a copy of the invoice.
Endi ding ng T Tena nanc ncy f for Unpa paid R Rent o or Utilit litie ies Module 4 While exploring how a landlord may end a tenancy for unpaid rent or utilities, we review the 10 Day Notice to End Tenancy form and expand on various scenarios that allow this notice to be used for unpaid utilities. This module will provide information about the Direct Request processes that landlords should be informed about.
Re Rent When is rent due? Module 4 Unless otherwise stated rent is due in full on the first of the month. How do I collect Rent It is the responsibility of a tenant to get the rent to you not the other way. Landlords should provide a couple reasonable methods a tenant can pay rent.
Utilit litie ies When are utilities due? Module 4 If the utilities are in the landlords name and the agreement states that the tenant must pay all or a portion of the utilities the tenant has 30 days to make payment from the date they receive a copy of the invoice with a written demand.
Unpaid id R Rent o or r Utilit litie ies What do I do tenant does not pay rent or utilities on the Module 4 date they are due? If rent or utilities are not paid in full on the date they are due a landlord may serve a 10 Day Notice to End Tenancy.
May 1 st May 2 nd May 8 th May 12 th May 7th Module 4 Final to First Day Serve 10 Last Day of Pay or Landlord Rent Due Day Notice Tenancy Dispute Can Apply
Ser erving a a Notice t e to End nd T Ten enancy Witness Module 4 If a notice to end tenancy is being served by posting it on a door/placing in mail box or giving it directly to the tenant/adult occupant who reside in the rental unit the landlord should have a witness
Ser erving a a Notice t e to End nd T Ten enancy Proof of Service Module 4 When serving a notice to end tenancy a landlord should complete a proof of service, this is a form found on the RTB site. The form includes a witness statement
Af After er N Notice i e is S Ser erved ed How long does the tenant have to pay/dispute? A tenant has 5 days from the date they receive the notice to Module 4 either pay rent/utilities or dispute the notice. What if the tenant pays? If the tenant pays all of the outstanding rent or utilities within the 5 days the notice is cancelled and the tenancy continues.
Af After er N Notice i e is S Ser erved ed What if the tenant disputes the notice? Module 4 A hearing will be scheduled and the tenancy continued until an arbitrator can hear the matter and deliver a decision. We will review timelines and procedures for responding to a dispute in Module 5
Af After er N Notice i e is S Ser erved ed The tenant has not paid and not disputed the notice, now Module 4 what? If the tenant does not pay rent in the timeframe allowed by the 10 day notice and does not dispute the resolution they must leave on the effective date of the notice.
Af After er N Notice i e is S Ser erved ed What if the tenant is not going to leave? Module 4 If the tenant does not leave you may need to apply for an order of possession. This is done through the RTB’s dispute resolution services and in the case of the 10 day notice there is an expedited process known as a Direct Request.
Af After er N Notice i e is S Ser erved ed Module 4 A Direct Request is a process in which a landlord applies for an order of possession and monetary order and instead of waiting for a hearing can obtain both or either just by submitting the correct paperwork. This process is much quicker but does have a higher evidentiary standard.
Direc ect R Requ eques est What is needed to apply? For a landlord to be successful int heir application for a direct request they must provide the following: Module 4 • 10 Day Notice • Proof of Service • Tenancy Agreement • Rent increases • Request for utilities
Direc ect R Requ eques est Module 4 Because a Direct Request is not a participatory hearing all evidence must be provided at the time of application and a mistake in filling out a form can result in a denied claim.
Direc ect R Requ eques est Notifying the tenant Module 4 With a standard participatory hearing the applicant receives a notice of dispute resolution package with several info sheets that must be served on the respondent. In a direct request this must also be done and there is a proof of service document that must be completed and returned to the RTB before your application is processed further.
Direc ect R Requ eques est Module 4 My request was declined, now what ? When an application for a Direct Request is declined it is forwarded to a standard hearing which can take several weeks.
Direc ect R Requ eques est My application was accepted, now what? Module 4 If your application was successful you will receive a written decision, an order or possession, and/or monetary order. This is generally done within a few days but can take up to two weeks.
1 1 Month Notice t e to End nd T Ten enancy R RTB-33 33 Generally a landlord would use the 1 month notice to end tenancy for cause in situations where the tenant either by Module 4 their actions, the actions of their occupants or guests or by their negligence has caused an issue significant enough to warrant the tenancy to end.
1 Month Notice t 1 e to End nd T Ten enancy R RTB-33 33 These situations can sometimes be difficult to determine Module 4 and require a landlord to take into consideration whether the breach caused by the tenant is material to the tenancy.
1 1 Month Notice t e to End nd T Ten enancy R RTB-33 33 Common Scenarios That May Warrant a 1 Month Notice Module 4 • The tenant has repeatedly paid their rent late • The tenant has significantly interfered with or unreasonably disturbed the landlord or another occupant • The tenant has caused extraordinary damage • The tenant has failed to comply with a material term
Recommend
More recommend
