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What is a reasonable length of time before a lease can be deemed frustrated? Our suite has been unlivable for nearly 2 weeks due to a water pipe leak in a high rise building. Given the scope of th...
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A frustrated contract is one where neither party is capable of fulfilling the contract because 'an unforeseeable event has so radically changed the circumstances that fulfillment of the contract is no...MORE...
We just looked at a house to rent and at the initial viewing we were told how much the utilities averaged (hydro and gas). When going over to sign the rental agreement, the landlord also added that w...
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I congratulate you for looking over the tenancy agreement thoroughly before you sign and commit to it – many renters don't look at what they are signing and find out later that they contracted for mor...MORE...
Section 51; If evicting renter for Landlord use, and having given the 2 months notice, is one of those months free rent even if the renter occupies until the date given to vacate?...
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Section 51 of the Act says: 'A landlord who gives a tenant notice to end a tenancy under section 49 [landlord's use of property] must pay the tenant, on or before the effective date of the notice, an ...MORE...
Not sure if my original question went thru? I have been renting for three years with my self and my husband and my sister in law all on the contract the original owner sold and the new owner did up a ...
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When the landlord wants to end a tenancy a formal notice should be issued on Form RTO – 3. The date of the end of the tenancy, along with the date to vacate and give up possession of the rental premis...MORE...
Can a landlord evict tenants for smoking in a suite that has a No-Smoking clause in the lease. What kind of notice do they have to give and what rights does a tenant have to keep the tenancy going on ...
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Section 47 (h) of the Act identifies that a ground upon which the landlord may issue a notice to end the tenancy is when the tenant has failed to comply with a material term of the agreement and has n...MORE...
Dear Mr. Watson I am currently subletting my apartment in vancouver to 2 individuals. I currently pay 900$ a month to the landlord for the 2 bedrooms, but the 2 indivduals agreed to pay 525$ a ...
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Clever you. You've discovered a method that gives tenants the opportunity to make money in a rising real estate market too.
By the way, making money is not illegal in this country – yet. ...MORE...
Greetings, Mr. Watson. I have read through most of your online archives and seemed to have missed any discussion on the following topic. I have been a landlord for a number of years but only in a p...
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What you're really identifying here is poor housekeeping. While the Act allows for a notice to end a tenancy to be issued where health and safety is seriously jeopardized, it is an uphill push persuad...MORE...
We have as a condition set out in our agreement that the tenant must hold and keep up to date a tenant's insurance policy. The tenant agreed to those terms and signed off on it. However, we are unab...
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If the tenant obtaining an insurance policy is a material term of your tenancy agreement, and the tenant isn't abiding to it, you can issue him a notice to end his tenancy for breach of a material ter...MORE...
My son and a friend just signed a leasing agreement with a landlord. They intended move in on September 1st. They are both students at University. When they first visited the apartment after signing t...
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If you always wanted to hang out with your son and his friend, and get into some of the trouble that college kids get into, let me be the first to say 'Hello partner!'
A residential lease is a cont...MORE...
My landlord arrived intoxicated at my door to tell me she plans to evict me for getting a dog. If I am served with an eviction notice, will my security deposit be jeopardized if I move out prior ...
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If a notice to end your tenancy is served on you, and you don't remedy it or dispute it in the time set out in Block E on page 2 of the notice, then you are deemed under the Act to accept the end of t...MORE...
My boyrfriend and I have been renting an apartment for nearly 4 years and now we are moving. Almost everyday between 1pm and 5pm there is a knock on the door and they want to show the suite. We have...
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You're voicing a lament commonly heard where properties are for sale. Realtors and property owners are very anxious to sell property but they show stunning disregard for the privacy and convenience of...MORE...
I currently have tenants in my rental house and they have 2 years left before the lease is up. I would like to sell the home sooner rather than later. Can I terminate their lease agreement?...
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By buying them out, maybe, because tenancy agreements can end by consent. For cause, maybe, if you can establish a ground under section 47 of the Act. By simply deciding that you no longer want to be ...MORE...
Hi
We've just moved to Canada from Australia on a 1 year working visa and are trying to rent an apartment in Vancouver. We have the following problems:
a) We don't have a credit record in Canada. Is...
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Conscientious landlords screen tenants. Credit record searches and background checks are common instruments, and many landlords use them routinely. That said, it is truly amazing to see just how many ...MORE...
I have served a tenant an Eviction Notice twice in two months for failiure to pay the rent on time. The tenant still has not paid the rent in full, hence I applied for an arbitration in this matter. T...
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An arbitration hearing about payment of rent is all about who paid the rent, how much, and when. Not paying the rent in full and on time falls under section 46 of the Act as a reason to end a tenancy....MORE...
I signed a six month lease and it is up at the end of Nov. But I am moving out and the end of Oct because I have a new place and the rent is to much at the present place. I gave a notice on the 15 O...
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Brace yourself case-lot. You contracted to pay x amount of rent for x period of time. The only way out of your contract is to pay the liquidated damages amount set out in your lease agreement or persu...MORE...
If I put a deposit down on a place and did not sign a lease and I changed my mind about moving in due to the one year lease contract they wanted me to sign. Am I entitled to my money back? No where on...
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Clearly, you put money down as a deposit on a tenancy agreement. You gave over money in consideration for exclusive use of the rental premises. Then you balked at the terms and conditions of the tenan...MORE...
I rent a basement suite and my name is the only name on the tenancy agreement (there is no lease). I had a room mate move in on August 1st and she gave me $250 (half of her rent of $500) as a deposit...
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As you seem to be aware, you get into a grey area very quickly with sub-tenants, roommates, co-tenants, occupiers, etc. The RTB puts out a policy guideline at www.rto.gov.bc.ca/documents/GL13.pdf tha...MORE...
who is responsible for cleaning of carpets after a tenant moves out?...
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What I think you are really asking is who is responsible for paying to have the carpets cleaned at the end of a tenancy. The answer to this question lies in determining the condition of the carpets a...MORE...
My question relates to the division of labor between landlord and tenant regarding (1) lawn mowing and (2) plant trimming. My tenant has a suite with a backyard reserved for her exclusive use. Are (1)...
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RTO Form 1 is the standard residential tenancy agreement for the Province of BC. This form lists everything that the RTB recognizes as being required in an agreement, and then some.
Obvious things ...MORE...
Hi, I rented an apartment in Prince George. On Oct 13 I paid $290 damage deposit and signed a rental agreement. Today (Oct 30) another place came up unexpectedly and I am taking the new place. The ...
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Security deposits aren’t automatically forfeited. They can be claimed against in consideration of damages, and loss of rent, etc., but they don’t automatically go over to whoever wants them for whatev...MORE...
My building has laundry facillities that are managed by the apartment manager. I did laundry and now all my clothes have black grease stains on them and are ruined. Does my landlord have to reimburse ...
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If you somehow think your landlord is responsible for putting grease into the laundry, and has negligently or maliciously caused damage to your property, then your first step is to approach him and m...MORE...
I had been living here for a week before the landlord approached me (and then, only because he happened to see me in the foyer) and said that he would like to do an inspection report for my suite "som...
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If I understand correctly, your concern seems to be that the landlord mentioned completing a condition and inspection report twice, but it never happened, and now you are wondering if you’ll get your...MORE...
I moved into a newer apartment building a few months ago after viewing the place one time. When I viewed the place I didn't take note if there were window coverings, but there were many people lookin...
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There will be at least 2 places where the window coverings issue is dealt with in your tenancy. The first is in the rental agreement itself – if window coverings are identified in the agreement as bei...MORE...
My mom has a client that has been living in her apartment for 2 years, and has always had cats. Just recently the landlord decided no cats allowed. He has given her notice to move, but can he reall...
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The pets / no pets issue crops up from time to time and it has been argued successfully both ways. The Act is clear though – the landlord has the right to restrict pets, and size, species, weight, he...MORE...
Our lease states "On termination or expiry of the lease carpets to be professionally cleaned". We have a one year lease where the tennants are leaving after 10 months. Is it reasonable to expect the...
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It is entirely reasonable to expect tenants to abide by the terms they contracted for in a lease. If the parties to a rental agreement stipulate and agree to clean the carpets on termination or expir...MORE...
My rental agreement started on Feb. 1st 2005.I just received a rent increase form,which states that my rent is going up effective Feb.1st 2006. Is this acceptable or does he have to wait until Feb.200...
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Sections 41, 42 and 43 of the Act along with sections 22 & 23 of the Regulations cover the details of rent increases - and there are many. Schedule 6 shows in simple form how and when an increase can...MORE...
Can an apartment complex have gates that you can only use your card and have no code to let anyone in . Can they do that or is it illegal. ...
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Electronic entry controls are simply another form of keys. They aren’t illegal, nor are they contraventions of section 30 of the Act, which deals with landlords restricting access and guests. ...MORE...
My Have been living in a apartment for about just over a year. We signed a one year lease on Oct 1/04 which was then to go to a month to month at the end of the term. At the end of September/05 we w...
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The rent can only be increased during the time a residential tenancy agreement is in place if it is done in accordance with the rules and regulations set out in the Act or if the tenant specifically a...MORE...
The landlord is selling, and the seller agent has not been present for any of the showings. In essence, only the buyer agents and clients have been entering the suite without owner or seller represen...
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Technically, in order to gain access to your rental unit the landlord must obtain your consent or give no less than 24 hours and no more than 72 hours written notice that he requires access to the pr...MORE...
Our tenent moved out a week before her lease was up which was no problem. She then told me she would be back to clean I said "great'. On oct 31st the last day of her lease I had not heard from her. I ...
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It strikes me that you are one of the legion of property owners who rent out suites in houses, but don’t have a real understanding of how the Residential Tenancy Act of BC works. Now it is going to c...MORE...
Is there any difference between renting a partially furnished house or unfurnished house as far as the tenancy act is considered? I intend to leave afew big peices of furniture in my house for the pro...
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The Residential Tenancy Act of BC deals with residential agreements. What people put in these agreements is basically up to them. Unconscionable terms and conditions will be struck down, but it is not...MORE...
