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Vancouver BC - Expert Advice Archives

  Subject - Ending Tenancy by Tenant - Breaking a Lease
ID #- 201
Q: I just moved into a condo April 1, 2005. I had signed a one year lease with the manager of the building. I just lost my job and am unable to pay my rent for June. The place is far to expensive for me ...
A: While the Residential Tenancy Act governs all tenancy agreements in BC, most landlord-tenant problems don't wind up in arbitration. In fact, only a little over 25,000 cases a year are heard in BC when...MORE...

  Subject - Reclaiming Deposit
ID #- 202
Q: I have just ended a lease agreement in Whistler B.C. I agreed to pay 200 dollars out of my damage deposit for paint as there were some scotch tape marks on the walls in one room where there were post...
A: As set out in section 38 of the Residential Tenancy Act of BC, landlords must return all the security and pet damage deposits within 15 days of the end of the tenancy, unless the landlord has claimed ...MORE...

  Subject - Ending Tenancy by Tenant
ID #- 204
Q: Hi :) Here is my queston. I live in North Vancouver BC and have been the successful tenant of an upper floor home for the last 18 months. I had given notice about our plans to move out ...
A: You gave your landlord notice that you were ending the tenancy, and now you want to take it back. Your landlord took you at your word and found a new tenant. Now you want the landlord to break his agr...MORE...

  Subject - Landlording
ID #- 206
Q: I have tenants who have left a message on my answering machine giving me 15 days notice that they are moving out. During this message they are claiming that this is enough notice and that as the plac...
A: Where a tenant is ending the tenancy he must give the landlord at least one calendar month's written notice (Section 45). Notice given after the due date of the rent isn't technically effective until ...MORE...

  Subject - Sharing Accommodation
ID #- 207
Q: I own a house in Vancouver and my husband and I have rented out a spare bedroom on a month to month basis. We did not make the girl sign a lease and agreed on a month to month payment of the rent. Sh...
A: From your question it appears that this isn't a landlord-tenant dispute. Section 4 (c) of the Residential Tenancy Act of BC says: This Act does not apply to: (c) living accommodation in which the tena...MORE...

  Subject - Landlording
ID #- 208
Q: I have rented suite to tenants with a clause in the renter's agreement to not to smoke inside the suite. They could smoke outside. We had noticed a strong smell of cigarette smoke in the part of house...
A: Even if you catch your tenants smoking inside the rental premises, and try to evict them for breaching a term of the rental agreement (no smoking inside the suite) you'd have a touch and go case if it...MORE...

  Subject - Repairs and Maintenance - Terminating or Restricting Services - Arbitration
ID #- 213
Q: I signed a 1-year lease. The unit was immaculate when I moved in. The Landlord stated the building was scheduled to be repiped (hallways only) in the new year followed by hallway renovations - new car...
A: It seems that you are suffering an inconvenience and may be suffering from a loss of use of a service or facility. The logical thing to do is write your landlord a letter asking how he intends to hand...MORE...

  Subject - Ending Tenancy by Landlord - Landlording
ID #- 214
Q: Our lease (one year) expires at the end of August. It's not month to month which specifies one full months notice in the event the tenants are moving out. Does this still apply for a fixed one year le...
A: You seem to have some kind of hybrid tenancy agreement, and it probably needs to be looked at before a problem develops. The notion of a full month's notice is ambiguous and could lead to problems. In...MORE...

  Subject - Sharing Accommodation
ID #- 215
Q: I live in a house with three other roommates, and have been here for just over two years. One of the other roommates has been here for six years, and about a year ago took over the lease from someone...
A: I take it you want to be recognized on the tenancy agreement as a tenant, so I suggest you ask your landlord to amend the agreement to include you – it's as simple as that. Without formally being i...MORE...

  Subject - Repairs and Maintenance
ID #- 217
Q: I am moving from one apartment to another within our building. We have signed an agreement to move on June 1st but today May 30 I received a call advising that our new apartment is not finished and we...
A: I take it that you still have a place to sleep at night, and it is the apartment the landlord wants to renovate. Under section 49 of the Act the landlord can give a notice to end the tenancy for this ...MORE...

  Subject - Sharing Accommodation
ID #- 220
Q: I moved into a house 2 months ago. A friend of mine had moved in 1 month earlier. We have the upstairs and have one other room mate who has lived there for 2 years. We have access to the downstairs...
A: Not everybody who pays rent is a tenant. Homestays, foreign students renting rooms, people in hostels, vacation property rentals etc., all pay rent but aren't tenants. Neither are a host of others. Se...MORE...

  Subject - Reclaiming Deposit
ID #- 222
Q: I have questions about damage deposit with my landlord. On May 31th, I had my building manager inspect my apartment and signed a form to say damages cost due to carpet and cleaning is $55.95, but th...
A: The landlord can only hold back from the security deposit that amount of money the tenant has agreed in writing that he may, or that which an Arbitrator has ordered he can keep. I don't know why yo...MORE...

  Subject - Landlording
ID #- 223
Q: My Tenant has given me notice in Mid May for ending her tenancy by June 17th /2005 , She has been living there for over 20 yrs with her husband who passed away 2 months ago. She can no longer afford t...
A: Technically, your tenant's notice isn't effective until the end of June. The Act requires the tenant to give at least one full calendar month's notice, so a mid-month notice is more of a convenience f...MORE...

  Subject - Quiet Enjoyment - Landlording
ID #- 225
Q: I am a landlord of a half a duplex with an upper and lower suite rented to two sets of tenants. The problem is that the owner occupier of the other half has been calling once a week for the last seve...
A: The old saying 'A man's home is his castle” comes into play here. As a landlord you give over exclusive use of the rental premises to the tenant, and the tenant can play the stereo, or piano, or bagpi...MORE...

  Subject - Ending Tenancy by Landlord
ID #- 227
Q: Our house is owned by the city of Abbotsford and was with century 21 for a manager. In May 2005 they informed us that the city was going to be responsible for the property. We called the city they inf...
A: If the property is listed and sells, the new owner may wish to keep you on as tenants. If the new owner wants the premises for his own use he is required to give you a 2-month notice to end the tenanc...MORE...

  Subject - Ending Tenancy by Landlord
ID #- 231
Q: I signed a lease in the middle of May. Within 24 hrs of signing the lease my wife and myself contacted the landlord stating we had made a bad decision and do not want to rent the suite. There are se...
A: Technically, you entered into a tenancy agreement that requires you to fulfill your obligations under the Act – one of which is to pay the rent on time and in full. You didn't, so the landlord rented ...MORE...

  Subject - Landlording
ID #- 235
Q: We signed a one-year contract with the tenant. The term will end by this month. The rent for the month of June is the last rent I received. I called my tenant for 2 months and there wasn't any reply....
A: My advice is to write the tenant a letter stating when the lease is ending and that you either want to negotiate a new lease or you expect to take back possession of the rental premises at 1:00 PM on ...MORE...

  Subject - Rent Increase
ID #- 236
Q: Our landlord has slowly been clearing out the house I live in. Over the last several months he has, what I have found by reasearch, illegaly evicted the tenants of the two lower suites. Now, my room...
A: Sections 41, 42 and 43 of the Act deal with rent increases. A 3-month notice of a rent increase is required and it is to be calculated by formula in accordance with the Regulation. The notice must be ...MORE...

  Subject - Landlording
ID #- 241
Q: I recently purchased a home in Vancouver, BC. The owner (previous) lives in the basement and has leased out the upstairs to a tenant until November 30, 2005. Is the lease to this upstairs tenant sti...
A: I see a tremendous number of situations where investors purchase a rental property but haven't checked with a tenancy expert and don't understand how the Residential Tenancy Act applies. Your situatio...MORE...

  Subject - Landlording
ID #- 243
Q: I have a renter who has not paid any rent for the current month. I have tried to get in touch with him for the last few weeks without any success. The renter has paid rent for the previous months but ...
A: From what you describe, you're in for a stressful time and one that will likely tax you financially. It can get complicated quickly and it isn't going to be cheap to resolve unless the tenant suddenly...MORE...

  Subject - Reclaiming Deposit
ID #- 246
Q: If your landlord is tearing down your house with 2 months notice is he required to give the tendant their damage deposit back after vacating the house...
A: Section 38 of the Act sets out that the landlord must return the security deposit within 15 days of the end of the tenancy and/or the date the landlord receives written notice of the tenant's forwardi...MORE...

  Subject - Rental Agreement
ID #- 247
Q: My lease agreement has a liquidated damages clause of a set dollar amount, which is my damage deposit, it then states the payment of the liquidated damages is agreed to be in addition to any rights or...
A: The RTO publishes a guideline on liquidated damages at http://www.rto.gov.bc.ca/documents/GL04.pdf The amount agreed to for liquidated damages must be a genuine pre-estimate of the loss that will ...MORE...

  Subject - Landlording
ID #- 248
Q: Our tenant signed a one-year fixed term lease which ends June 30th. In early May, we repeatedly called her to see if she wanted to sign a new rental agreement, with no response. At the end of May, w...
A: Ah! How do you throw out a tenant who won't go? Good question and one without a simple answer. While many landlords prefer a lease because it assures a set rental income for a set period of time, t...MORE...

  Subject - Subletting
ID #- 249
Q: I'm trying to sublet my apartment to my elderly mother. My tenancy agreement states that it is allowed with the landlord's permission, and that it is contrary to the law to "unreasonably" withold perm...
A: I don't understand what your question is for me. You want to sublet your apartment to your mother and recognize that the landlord can't unreasonably withhold consent. You're right. You're also righ...MORE...

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