eXner files |
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| As of January 1, 2004, changes to laws governing BC's rental community come into effect. Here are highlights: |
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| Rules are changed for ending a tenancy for owner occupation . |
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There are new compensation entitlements for tenants who are required to vacate so that the landlord can change the use of the property or make repairs. They are: |
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Section 51(1)
A landlord Who gives a tenant notice to end a tenancy under section 49 [landlord's use of property] of the new Residential Tenancy Act, must pay the tenant, on or before the effective date of the notice, an amount that is equivalent to one month's rent payable under the tenancy agreement. (Note: The industry, lead by BC Real Estate Association, lobbied against this new provision.) |
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Section 51(2)
In addition to the amount payable under subsection (1), if |
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Steps have not been taken to accomplish the stated purpose for ending the tenancy under section 49 within a reasonable period after the effective date of the notice, |
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or |
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The rental unit is not used for that stated purpose for at least 6 months beginning within a reasonable period after the effective date of the notice, the landlord, or the purchaser, as applicable under section 49, must pay the tenant an amount that is the equivalent of double the monthly rent payable under the tenancy agreement. |
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| Rent increase provisions |
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Residential landlords can raise rents by 4.6 per cent in 2004 and in subsequent years by the rate of inflation, based on the consumer price index, plus two per cent. |
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| Extensions of time to pay rent |
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Tenants who have not paid overdue rent within five days of . receiving a notice ending their tenancy cannot obtain extra time without their landlord's agreement. |
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| Pets |
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Landlords may prohibit pets or restrict the size, kind or number of pets, create rules regarding pets, and charge a one-time deposit of one-half month's rent if a pet is allowed. |
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Guide animals and existing pets are exempt from the pet deposit provision. |
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| Penalties for not returning deposits on time |
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Landlords who don't return or file claims against deposits within 15 days of the end of the tenancy must pay the tenant double the amount of the deposit. |
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| Condition inspections at start and end of tenancy with condition reports |
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Tenants and landlords must inspect the rental unit and sign condition reports at the start and end of each, tenancy. |
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Failure to do so will result in the landlord losing the right to claim damage against the security deposit or the tenant losing the right to the return of the deposit. |
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| Tenancies may be ended for illegal activities |
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Landlords may end tenancies for illegal activity that has, or is likely to: |
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cause damage to the landlord's property. |
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adversely affect the quiet enjoyment, security, safety or physical well being of another occupant, or |
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jeopardize a lawful right or interest of the landlord or another occupant. |
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| Other changes to grounds for ending tenancies |
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Landlords are allowed to end a tenancy if the tenant is repeatedly late paying rent, fails to pay utility charges owed to the landlord, or refuses to obey an arbitrator's order. |
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"Reasonable cause" has been eliminated as grounds for ending a tenancy. |
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| Improvements for landlords |
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Landlords are allowed to collect deposits for items such as electronic door openers. |
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Landlords may inspect the rental unit monthly with proper notice to the tenant. |
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Landlords may require post dated cheques for rent as a term of the tenancy agreement. |
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| Improvements for tenants |
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Landlords are not permitted to charge prospective tenants an application or processing fee. |
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Landlords are required to issue receipts for rent paid in cash. |
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| Changes to notice and service provisions |
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Tenants are required to give written notice whenever ending a tenancy, unless. the tenancy agreement specifies that the tenant will move out on the last day. |
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Landlords are allowed to serve applications for orders of possession by posting them on the tenant's door. |
