CAREER LIFE CONNECTIONS Name:

LANDLORD & TENANT FREQUENTLY ASKED QUESTIONS

https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies

Use this web site to answer the following questions.

1. What is a security deposit?

At the start of a tenancy, a landlord can ask for a security deposit (or damage deposit) – it
can be no more than half of the first month’s rent.

Paying a security deposit means that a tenancy agreement has been entered into and
neither the landlord nor the tenant can change their mind. The landlord cannot prevent the
tenant from moving in. Even if the tenant doesn’t move into the rental unit, they’re
responsible for all obligations under a tenancy – including paying rent or repairing damages
until the tenancy has ended in the proper manner

2. Must a landlord provide a receipt for a security deposit?

Yes, a written recipt is required

3. Does a landlord have to pay interest on a security deposit?

Landlords in British Columbia are required to pay interest on security deposits on an annual
basis. That rate is set each year by the Residential Tenancy Branch. The rate has remained at
0% for the past nine years. The figure is tied to the prime lending rate, which remains below
4.5%.

4. How much can be charged for a security deposit?

It can be no more than half of the first month’s rent.

 4. How much time does a landlord have to return a security deposit after the
tenant moves out?

After a tenant has moved out and given the landlord a forwarding address in writing,
the landlord has 15 days to: Return the deposit(s) with any interest to the tenant. Ask
the tenant to agree in writing to any deductions and return the difference to the tenant.

5. What is a rental agreement?

Landlords are required to prepare a written agreement for every tenancy. Even if a
landlord doesn’t prepare one, the standard terms of a tenancy agreement still apply.
Also, paying a security deposit establishes a tenancy, even if there is no written tenancy
agreement and if the tenant never moves in.

Both landlords and tenants must sign and date the agreement. Landlords need to
provide a printed copy to their tenants within 21 days of entering into the agreement.

6. What are the types of rental agreements?

Month to month, one way and fixed term

7. Must a landlord give a copy of a signed rental agreement to the tenant?

Both landlords and tenants must sign and date the agreement. Landlords need to
provide a printed copy to their tenants within 21 days of entering into the agreement.

8. Must a landlord give a tenant a copy of the Residential Tenancies Act?

A landlord must prepare in writing every tenancy agreement entered into on
or after January 1, 2004.

10. What is a Rental Premises Condition Report form?

A form that is to be filled out ensuring that the condition of the residence is up to par.

11. Does the Residential Tenancies Act apply to a verbal rental agreement?

Yes, Landlords and tenants may not avoid or contract out of this Act or the
regulations.

12. Can a landlord request post-dated cheque for rent payments?

No, a landlord is not allowed to request a post dated cheque

13. Are there residential premises not covered by the Act

This Act does not apply to

(a)living accommodation rented by a not for profit housing
cooperative to a member of the cooperative,
(b)living accommodation owned or operated by an
educational institution and provided by that institution to its
students or employees,
(c)living accommodation in which the tenant shares
bathroom or kitchen facilities with the owner of that
accommodation,
(d)living accommodation included with premises that
(i) are primarily occupied for business purposes, and
(ii) are rented under a single agreement,
(e)living accommodation occupied as vacation or travel
accommodation,
(f)living accommodation provided for emergency shelter or
transitional housing,
(g)living accommodation
(i) in a community care facility under the Community
Care and Assisted Living Act,
(ii) in a continuing care facility under the Continuing
Care Act,
(iii) in a public or private hospital under the Hospital
Act,
(iv) if designated under the Mental Health Act, in a
Provincial mental health facility, an observation unit
or a psychiatric unit,
(v) in a housing based health facility that provides
hospitality support services and personal health care,
or
(vi) that is made available in the course of providing
rehabilitative or therapeutic treatment or services,
(h)living accommodation in a correctional institution,
 (i)living accommodation rented under a tenancy agreement
that has a term longer than 20 years,
(j)tenancy agreements to which the Manufactured Home
Park Tenancy Act applies, or
(k)prescribed tenancy agreements, rental units or
residential property.

14. Does the Act apply to business/commercial rental agreements?

No, (d)living accommodation included with premises that

(i) are primarily occupied for business purposes,

15. Is a tenant responsible to have insurance on his/her personal belongings?

Yes, you are required to pay for your own insurance for your personal items

16. When a rented premise is sold to a new owner, does the rental agreement continue?

Once a property is sold, the buyer becomes the new landlord and the tenancy continues under
the same terms.

18. Can a landlord charge a fee for late payment of rent?

Your landlord can charge a non-refundable fee of up to $25 for late payment of rent,
but only if this term has been written into your tenancy agreement.

19. Can a landlord charge a fee if a tenant's rent cheque is returned because of non-
sufficient funds (N.S.F.) in the tenant's account?

If you do not have enough money in your bank account when your landlord tries to deposit
your rent cheque, your bank may charge your landlord a service fee. If this happens, your
landlord can require that you pay them back for the cost of the fee. In addition, your landlord
can charge you a non-refundable fee of up to $25 for the return of your cheque by a financial
institution, but only if this term has been written into your tenancy agreement.

20. Can a tenant withhold rent because a landlord is not maintaining the premises?
 The right of a tenant to the return of a security deposit or a pet
damage deposit, or both, is extinguished if
(a)the landlord complied with section 35 (2) [2
opportunities for inspection], and
(b)the tenant has not participated on either occasion.

21. Can a landlord terminate a rental agreement when the tenant does not pay rent?

When a tenants is late paying rent the rented can end the agreement (47 1 B)