What issues may I deal with during the course of a residential tenancy in British Columbia?
[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 [...]
[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 [...]
[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 [...]
[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 [...]
[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 [...]
[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 [...]
[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. [...]
[vc_row][vc_column][vc_column_text]When amending a tenancy agreement, landlords and tenants should refer back to the rules of drafting a tenancy agreement. In general, a tenancy agreement may be amended to add, remove or change any term provided that both the landlord and the tenant agree to the proposed amendment. However, it is [...]
