About Oscar Miklos

Oscar Miklos is the founder and principal lawyer at Refresh Law in Burnaby and the founder of HousingGuide.ca. He regularly advises residential and commercial landlords and tenants, strata owners, strata corporations, property managers and insurance providers in all aspects of housing disputes.
17 04, 2016

Frustration of the Tenancy Agreement

By |2017-01-14T01:05:46-07:00April 17, 2016|LG Ending a Tenancy|

[vc_row][vc_column][vc_column_text]In typical cases, a tenancy may end as a result of a tenant’s notice to end tenancy, a landlord’s notice to end tenancy, a landlord’s application to end tenancy or a mutual agreement between the parties to end the tenancy. However, a tenancy may also end as a result of [...]

17 04, 2016

Tenant’s Refusal to Leave

By |2017-01-14T01:10:01-07:00April 17, 2016|LG Ending a Tenancy|

[vc_row][vc_column][vc_column_text]Where a tenancy has lawfully ended and the tenant still refuses to leave, the landlord may apply to the Residential Tenancy Branch for an order of possession in order to have the overholding tenant vacate the rental unit. In other circumstances, the landlord may have already obtained an order of [...]

10 04, 2016

Payment of Rent by the Tenant

By |2017-01-14T01:03:49-07:00April 10, 2016|LG During a Tenancy|

[vc_row][vc_column][vc_column_text]A tenant must always pay the rent due as provided by the tenancy agreement whether or not the landlord complies with the provisions of the Residential Tenancy Act (the Act). As a general rule, this means that tenants may not withhold payment of rent if they feel that compensation is [...]

10 04, 2016

Rent Increases in British Columbia

By |2017-01-14T01:03:55-07:00April 10, 2016|LG During a Tenancy|

[vc_row][vc_column][vc_column_text]Before increasing rent, a landlord must wait for at least 12 months from either the start of the tenancy agreement or the date of the last increase. A landlord must also give the tenant a minimum of 3 months’ notice, in the approved form (see below), before the effective date [...]

10 04, 2016

Landlord’s Right of Entry into the Rental Unit

By |2017-01-14T01:04:02-07:00April 10, 2016|LG During a Tenancy|

[vc_row][vc_column][vc_column_text]A landlord’s right to enter a rental unit has to be balanced at all times with the tenant’s right to quiet enjoyment since frequent entries, regardless of whether notice is given to the tenant by the landlord, may constitute a breach of this right. As a general rule, the landlord [...]

10 04, 2016

Tenant’s Right to Quiet Enjoyment

By |2017-01-14T01:04:09-07:00April 10, 2016|LG During a Tenancy|

[vc_row][vc_column][vc_column_text]A tenant’s right to quiet enjoyment provides the tenant with the right to: reasonable privacy; freedom from unreasonable disturbance; exclusive possession of the rental unit subject to the landlord’s right to enter the rental unit; and use of common areas for reasonable and lawful purposes, free from significant interference. Given [...]

10 04, 2016

Maintenance and Repairs to the Rental Unit

By |2017-01-14T01:04:19-07:00April 10, 2016|LG During a Tenancy|

[vc_row][vc_column][vc_column_text]Both landlords and tenants have a duty to maintain and repair the rental unit. A tenant is required to maintain reasonable health, cleanliness and sanitary standards throughout the rental unit and the rental building to which the tenant has access. The tenant’s duty to repair is generally limited to any [...]

10 04, 2016

Changing the Locks to the Rental Unit

By |2017-01-14T01:04:24-07:00April 10, 2016|LG During a Tenancy|

[vc_row][vc_column][vc_column_text]When considering the issue of changing locks, it is important to distinguish between keys that allow access to the residential property (ie. the rental building) and keys that allow access to the individual rental unit. A landlord is permitted to change the locks to the building at any time as [...]

10 04, 2016

Airbn-be gone! Dealing with short term accommodations in residential tenancies

By |2016-11-23T01:22:53-07:00April 10, 2016|Rental Properties|

[vc_row][vc_column][vc_column_text]So, you’ve just received a letter from your strata corporation informing you that your tenant has been fined for violating the strata’s short-term accommodation bylaw. Before receiving this letter, you had no idea that your tenant was using Airbnb.ca to list your condo for short term occupancy while he was out of town [...]

10 04, 2016

Subletting the Rental Unit and Assigning the Tenancy Agreement

By |2017-01-14T01:04:31-07:00April 10, 2016|LG During a Tenancy|

[vc_row][vc_column][vc_column_text]When assigning a tenancy agreement, the tenant gives up all rights and responsibilities which are then transferred to a new tenant. An assignment can be distinguished from a sublease as, under a sublease, the tenant still retains all the rights and obligations towards the landlord under the original tenancy agreement. [...]

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