“Can My Landlord Do That?”

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“Can My Landlord Do That?” — A Plain-Language Guide To BC’S Residential Tenancy Act

The statute that governs this 

Tenancy agreements and rental units are governed by BC’s Residential Tenancy Act (“RTA”). When there is a dispute between a landlord and a tenant, the Residential Tenancy Branch (“RTB”) is the tribunal that resolves these disputes (most of the time). The RTB applies the RTA, to resolve disagreements between landlords and tenants.

Entry into the rental unit 

A landlord must not enter a rental unit unless the tenant gives permission at the time of the entry. Otherwise, the landlord must give the tenant written notice at least 24 hours and not more than 30 days before the entry, and it must be for a reasonable purpose. The landlord may also enter the unit if they have an order of the director authorizing the entry, the tenant has abandoned the rental unit, or an emergency exists and the entry is necessary to protect life or property. A landlord may inspect a rental unit monthly. Under the RTA, emergency repairs mean repairs which are urgent, necessary for health or safety, or for the preservation of the residential property. They must be 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, or
  • in prescribed circumstances, a rental unit or residential property.

Security and pet damage deposits 

A landlord must not require or accept either a security deposit or a pet damage deposit that is greater than half of one month’s rent. If a landlord accepts a security deposit or a pet damage deposit that is greater than half a month’s rent, the tenant may deduct the overpayment from rent or otherwise recover the overpayment. Within 15 days after either the date the tenancy ends or the date the landlord receives the tenant’s forwarding address in writing (whichever is later) the landlord must either repay any security deposit or pet damage deposit to the tenant with interest or make an application for dispute resolution claiming against the security deposit or pet damage deposit.

Rent increases 

Under the RTA, landlords can only increase the rent once every 12 months. Landlords must give tenants at least 3 months notice before the date that the increase in rent is effective. There is also only a certain annual allowable percentage that the landlord can raise the rent by. The percentage amount is equal to the current inflation rate.

“Renovictions” and landlord’s use evictions 

A “renoviction” occurs when a landlord ends a tenancy for the purpose of preforming renovations or repairs on the rental unit. In 2021 residential tenancy changes were made to protect tenants from “renovictions”.  Landlords are now required to apply to the RTB for pre-approval before ending a tenancy to carry out renovations. Further, tenants can argue that the tenancy does not need to be ended for the work to be done. In response, landlords must have the necessary permits and approvals, as well as proof that the work is necessary and that the tenancy must be ended to complete it. Further, if a landlord does not carryout the renovations after the tenant has moved out, it is now easier for tenants to receive compensation for this.

When to go to the RTB vs. when to call a lawyer 

The RTB is designed for self-representation and is an affordable and accessible way for landlords and tenants to resolve their disputes. While the RTB is a great option for straightforward disputes with relatively small monetary amounts, there are times when getting a lawyer is worth it. Cases involving a large deposit, complex tenancies, or an unlawful eviction with resistance may be difficult to navigate on your own without the help of a lawyer.

Landlord termination of tenancy on a sale of the property

Under s.49 of the RTA, a landlord can end a tenancy if the landlord has entered into an agreement to sell the rental unit. All the conditions for the sale must be met before the tenancy can be ended. It is the right of the purchaser of the property to ask the landlord to give notice to end the tenancy if the purchaser, or a close family member of the purchaser, intends to occupy the rental unit.

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Can I Get Out of a Contract in BC?

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Can I Get Out of a Contract? Cooling-Off Periods and Contract Basics in BC

You’ve entered into an agreement with another party, and now you would like to back out of the contract. What are your options? This article will provide an overview of contract law in BC, including the general rule when it comes to trying to get out of a contract, when there are specified windows for cancelling a contract after signing, and how to get out of a contract when there is no specified window to do so.

The General Rule 

In Canada, the general rule is that once you sign a contract, you’re bound by the terms of that agreement. You cannot back out of the contract once it has been signed and becomes binding, regardless of whether you no longer wish to be a part of the agreement. Unless you can get out of the contract by relying on the terms of the contract itself or a statutory right to cancel the contract, you are liable to preform your obligations under it. There is no universal right to cancel a contract within a specified period after the contract has been signed. However, there are specific instances in which a “cooling-off period” may exist, which entitles a party to cancel the contract within a certain amount of time after it has been signed.

Where cooling-off periods DO exist in BC

A cooling-off period exists in real estate law. Under s.42 of the Property Law Act, BC has a 3-business-day Home Buyer Rescission Period, which was introduced in 2023. Meaning, a purchaser of residential property can cancel the contract of purchase and sale for the property by serving written notice on the seller within 3 business days after the date that the acceptance of the offer was signed. This cooling-off period does not apply to property that is located on leased land, a leasehold interest in residential property, property that is sold at auction, and property that is sold under a court order or the supervision of a court. If a purchaser cancels a contract of purchase and sale, they must pay 0.25% of the purchase price set out in the contract to the seller.

Direct sales (such as door-to-door sales) contracts and distance sales (such as online shopping) contracts also have a cooling-off period. Under BC’s Business Practices and Consumer Protection Act (the “BPCPA”), a consumer can cancel a direct sales contract by giving notice of cancellation to the supplier within 10 days of receiving a copy of the contract. A consumer can cancel a distance sales contract by giving notice of cancellation to the supplier within 7 days after they receive a copy of the contract, if the sales contract does not contain all of the necessary information, the supplier does not give the consumer the opportunity to correct errors in the contract, or the supplier does not give the consumer the opportunity to accept or decline the contract. A consumer has 30 days to cancel the contract, if the supplier does not provide the consumer with a copy of the contract.

Timeshares and continuing services (such as a gym membership) contracts also have specific cancellation rights under the BPCPA. Consumers can cancel time share contracts and continuing services contracts by giving notice of cancellation to the supplier within 10 days of receiving a copy of the contract. A consumer can cancel a time share contract within one year after the date that the consumer receives a copy of the contract, if the contract does not contain the information required under the BPCPA. A consumer can cancel a continuing services contract at any time if there has been a material change in the circumstances of the consumer or the services provided by the supplier.

Contracts with NO cooling-off period

Contracts which are not included as having a cooling-off period under the BPCPA, do not have a window designated by legislation for parties to cancel the contract. Common types of contracts which are not mentioned in the BPCPA include most retail purchases and service agreements. However, even if a contract does not have a cooling-off period, there may still be a way to back out of it.

Grounds to get out of a contract that has no cooling-off right 

Even if there is no cooling-off period, you may be able to get out of a contract if the other party has made a misrepresentation. A misrepresentation is a statement that a party to the contract represents as a fact but is untrue and misleading. If you have relied on a misrepresentation by the other party, you may be entitled to a remedy, potentially including the cancellation of the contract.

Another reason a contract may be cancelled is on the grounds of unconscionability. Under the BPCPA, if an unconscionable act or practice has occurred, that transaction is not binding on the consumer. An unconscionable act can happen before, during, or after the consumer transaction. A court will look at all the circumstances the supplier knew or ought to have known about. This includes whether the supplier subjected the consumer to undue pressure to enter into the transaction or if the supplier took advantage of the consumer’s inability or incapacity to reasonably protect their own interest.

There are also specific contract terms which are prohibited under the BPCPA, such as terms which prevent consumers from posting reviews online. The inclusion of one of these terms would void the contract. Frustration of the contract may also void the contract. Frustration is where circumstances the contract did not anticipate occur and carrying out the contract as it was intended is no longer possible. It should be noted that financial hardship or the inability to make payments under the contract are not sufficient to engage frustration.

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