“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.