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On Mar.5 I paid 100.00 deposit to rent a suite in an old motel on a monthly basis. On Mar 15 after thinking about it told the landlady I won't be moving in which was 3 days notice. She told me not onl...
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Once parties enter into a tenancy agreement each is required to abide by the rules and regulations found under the Residential Tenancy Act of British Columbia. The Act says that where the tenant moves...MORE...
For a one-year lease, if the tenant terminates the lease before the lease expires, what is the maximum penalty the landlord can charge the tenant? In the fase of a fully furnished suite, can the ...
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The maximum you can charge as a penalty is $ 0. Penalty clauses aren't enforceable in residential tenancy agreements because the Residential Tenancy Act of BC only contemplates claims for debt and dam...MORE...
I signed a 1 year lease with my landlord which is to expire end of August 2005. I am moving to Alberta in 2 weeks, I understand I do have the option to sublet; however if I wish to break the lease ent...
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It's just like the lease on your car; you might not want the car anymore but if you stop making payments on it you can expect someone with a scowl on his face to come looking for you.
Similarly, t...MORE...
Hi, Our landlord and her husband are divorcing and he wants to move into the house we are renting off them, they gave us two months notice to leave. I have heard from several people that they are also...
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A section 49 notice (landlord's use of property) requires a 2-month notice. Section 51 of the Act states that where notice is given under section 49 and the tenant doesn't treat the tenancy as ended e...MORE...
I live with 2 other people. All 3 of our names are on the lease. Myself and the 2nd person want to leave due to the third person being late with his potion of the rent and doing drugs. We don't trus...
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Even though your third roommate does drugs and is late with his portion of the rent, he appears to recognize that breaking a lease is a serious business. Perhaps he appreciates that the three of you h...MORE...
I received a partial refund of $585 from my security deposit of $1175, but whren I deposited it in the bank in Melbourne it came back NSF (I moved to Melbourne, Australia from Vancouver December 6). I...
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It appears that the landlord requested and held more in a security deposit than the Act allows. It also appears that you and he made arrangements to return your deposit and you aren't satisfied with t...MORE...
I have friends who are English language students from China. Their English is not very good, and they have asked my help in the following situation: their landlord has listed the house they are rent...
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When a landlord rents out a property he gives over exclusive use of the premises to the tenant(s). The landlord's right of entry is restricted to reasonable purposes and emergencies. He can't enter th...MORE...
I rent a condo apartment from a management company not the strata. I have lived in the apartment for over one year. I was never given the condo rules and or form which states I was given them and will...
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The Strata Property Act is the authority by which strata councils make rules and regulations governing strata condominiums, townhouses, etc. Councils have the authority to determine what percentage of...MORE...
I have just received a noise complaint letter from my landlord and it states that it is my one and only warning and that next time I will be evicted. My problem is that yes we did have people over on...
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Relax, before an 'eviction'can take place landlords must be able to establish one or all of the grounds found under sections 46, 47, 48 or 49 of the Residential Tenancy Act of BC. The process involves...MORE...
I just moved out to Vancouver back in feb from Manitoba. The apartment I moved into had rules towards my cat that were not explained when I took possesion. One of the requirements were that for an ani...
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It appears to me that you've signed a lease agreement that you didn't read thoroughly, and it contains an odd clause about a flea program. Now you want out of the lease even though the landlord is pr...MORE...
On Feb. 15th. 2005 my landlord came looking for his rent as I was out of town. He talked to guests of mine and discussed with them renting my place to them. When I came back Feb. 17th. The Landlord ha...
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It certainly is not legal if you were renting the premises under a residential tenancy agreement. If you signed a tenancy agreement with the landlord he is deemed to have given over exclusive possessi...MORE...
I rent the other side of my duplex to two ladies. Their lease is ending in August, 2005 -- one of them will be staying and finding another roommate to live in the unit. The other is leaving, and has...
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Your tenancy agreement ends in August 2005. You should conduct a condition and inspection report at this time. You must return the security deposit within 15 days of the end of the tenancy unless you ...MORE...
Subject
ID #- 119
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when i moved into this building more than 7 years ago with a cat. i am being informed now that anyone with a pet or pets will have to vacate the apartment or get rid of the pet(s). is this legal?...
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The Residential Tenancy Act of BC governs all residential landlord-tenant relations in this province. When either party wishes to terminate a tenancy agreement certain requirements must be met – a ten...MORE...
Hello. I am one of four roommates renting a house. In the past we used to share the responsibilities. One person paid the phone bill, another collected and paid rent, and I took the responsibility ...
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Who the landlord is in the situation you describe seems pretty clear – he's the guy you deal with and to whom you pay the rent money. By your description you're the tenant and the people living with y...MORE...
I have a lease and it says that there is myself husband and child are the renters and my mother-inlaw has come to stay with us and babysit while we work. Can our landlord make us pay more?...
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No. The landlord has rented out the rental premises to the tenant(s). Your mother is obviously a guest. The Act prohibits the landlord from restricting who the tenant may have as a guest in the rental...MORE...
Subject
ID #- 123
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I have recently purchased a Vacouver apartment, in which a tenant is living. His one-year lease agreement with the previous landlord in over and now he is on a month-to-month tenancy. I have not est...
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I see many cases of real estate purchasers who invest in tenanted properties without first consulting a tenancy expert. Invariably they find out the hard way that a small consulting fee and a minimum ...MORE...
I had new tenants move into my basement suite.The lease agreement was occupancy on the 15th of the month. I allowed the tenants to move some of their contents in early. During that time they lit a fir...
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If you informed the tenants before they moved in that the fireplace was stuffed with insulation, and told them not to light a fire in it, then it would seem logical that the tenants would clean up the...MORE...
Subject
ID #- 126
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Hello, I'll try to make this short. New tenants moved in to my basement suite. They failed to inform me that they ran a small daycare.(a few kids a week). My Insurance came up for renewal and I...
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As a landlord you entered into a residential tenancy. Running a daycare is a commercial operation, so you are certainly within your rights to move against the tenants in this case. I would move to end...MORE...
Subject
ID #- 127
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In our case the Tenant is on a month to month lease after the fixed term lease expired over 4 years ago. He is very keen on buying the House and made us a very low offer last year. We did not coun...
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You can't have a month-to-month lease. A lease is for a fixed term. Leases start and end on set dates. Month-to-month tenancies end only in accordance with the Residential Tenancy Act of BC.
You ha...MORE...
We are currentley 8 months in to our 12 month lease. We have just bought a brand new home and are forwarding sublet applicants to the landlord for the four remaining months. The landlord actually to...
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The landlord has obviously indicated that he is going to make it difficult for you to sublet. While it is up to the landlord to determine who he ultimately rents to, his turning down applicants to sub...MORE...
I have given notice for June 1. I will be moving out May 23 and the new tenant wants to move in the 24th. As I have paid May rent, can I ask the new tenant to pay for the 1 week she'll move in early...
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If you have a month-to-month tenancy agreement and you've given proper notice, you have exclusive possession of the rental premises up to 1:00 PM on the last day of May. If you cut a deal with someone...MORE...
We are currently renting the house in Kerrisdale, Vancouver. We had an emergency plumbing problem (blocked sinks, water level rising in 3 sinks in the kitchen). Our landlord lives in Calgary. We could...
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The landlord is required to conspicuously post an emergency contact name and telephone number in the rental premises, or provide the tenant with these details in writing. When an emergency arises the ...MORE...
In respect to the RTA section 4-27 "Terminating or restricting services or facilities": Do laundry facilities or a balcony fall under the designation of "services or facilities"? When we agreed ...
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If you rented premises that included laundry facilities, but they have since been withdrawn, then you may have a claim in arbitration for terminating or restricting a service or facility. Likewise, if...MORE...
Today a landlord refuse to rent me the apartment because I am an international student. Why? is this legal?...
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Discrimination for any of the prohibited grounds found under the BC Human Rights Act is illegal. If you are a victim of discrimination you may wish to press your case with the BC Human Rights Tribunal...MORE...
We have a high end condo furnished in Coal Harbour, Vancouver. What kind of damages can we deduct from the tenant's damage deposit when he moves out? What is considered normal wear and tear? For insta...
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Good question! What is normal wear and tear and what will be found as damages depends in large part on the Arbitrator you get and the persuasiveness of your argument and evidence. I've seen cases wher...MORE...
I am currently renting a one bedroom downtown, and have agreed to rent a three bedroom in the same building effective June 01 2005. My landlord has asked me to provide a deposit of $625, a half month...
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Your landlord is treating your moving within the building as two separate rentals, and he is technically correct. He obviously wants to clear up the first agreement (the one-bedroom) and he has 15 day...MORE...
The landlord has turned off the heat in the building. At 3 o'clock in the morning the rooms are very cold since the building is not insulated. When I consult him to turn on the heat he goes into a ...
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One of the first cases I ever heard was similar to this one. The landlord wanted to save money so he would shut the off furnace on or around the Queen's Birthday (May 24th for those who aren't old eno...MORE...
The previous tenant before us left some things in the house. We told him he could come and get it. He never made an attempt to retrieve his property. It will be one year this July. He has sent us a su...
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Sounds like this should be your landlord's problem and not yours, but you'll have to deal with it now that you've been given a summons. Landlords have an obligation under the Residential Tenancy Act o...MORE...
I recently moved into an apartment with my fiance this past weekend. When we first saw the place, the previous tenant was still in the suite. We saw the carpet which was extremely dirty but we were t...
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This is a classic look before you leap story. Sadly, you missed seeing the real condition of the premises yet went ahead and agreed to rent the apartment. There really isn't much you can do about the ...MORE...
What is the difference between a tenant and an occupant? Do occupants have the same legal rights as tenants?...
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According to the definitions in the Residential Tenancy Act, a tenant is someone with a right to possession of a rental unit under a tenancy agreement. Residential Tenancy Policy Guideline 13 identifi...MORE...
Having recently acquired a tenant I want to now do a credit and reference check. Obviously it is late but is it still possible to reneg on a contract if he refuses to release the necessary information...
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You have entered into an agreement to rent property and you are bound by that agreement unless it is breached, the tenant decides to vacate, or unless you have grounds to end the tenancy yourself. Rec...MORE...
I entered into a 1-yr fixed term lease with a Vancouver corporation. They promised to replace carpets, washer and dryer and didn't. Also the hydro cost is double what they quoted. I was late with t...
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The notion that you have 5 days to inform the landlord that you are moving has no basis in the Act that I'm aware of and the late payment of rent is a dead issue. The landlord gave you a notice to end...MORE...
I picked up an application from a rental office at an apartment building today, and it's asking me to list my bank accounts, the type of account, and the account number. Should I give out this informa...
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Credit and background checks are common in the rental business. Landlords want to know about the assets and liabilities of people they are thinking of renting to. If there is information requested on ...MORE...
We have just given our notice and since then our landlord has been in our suite every day but one. We are long-term tenants (6 yrs.) and have been on good standings with our landlord so have been will...
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Section 29 of the Act sets out the restrictions on a landlord's right to enter rental premises. The landlord has a right to enter rental premises where he has an Order from an Arbitrator allowing it, ...MORE...
Does the owner of my apartment building have the legal right to say whether or not I can get a cat? I have lived in this Vancouver building going on to 11 years now and have had a bird for the last 5 ...
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Section 18 of the Residential Tenancy Act deals with pets. Unless it is a guide animal such as a Seeing Eye dog, landlords can restrict and prohibit certain pets as well as limit the size and numbers ...MORE...
