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My husband and I signed on to a six month lease in September 2004 where we would pay rent and electricty and the apartment complex would pay for basic cable, gas, water and garbage. In February 2005,...
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A contract means what it says. The provisions and conditions in a fixed term tenancy agreement can only be changed midstream with specific consent of the parties. Obviously you didn't agree to extra ...MORE...
I have owned an apartment since Jan 03. The tenant has been there since Nov. 01. We discussed the terms when I took ownership but I did not ask for a copy of the agreement. I asked to see the rental...
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If your tenant doesn't want to sit down with you and draw up a new agreement it isn't that big of a deal because the Regulations set out that where no written agreement exists or where one can't be pr...MORE...
Hi, I am a landlord in Courtenay, B.C. The basement to our single family house is currently occupied by a tennant who pays 600 a month. We are trying to sell the house and realize we need to give her ...
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Yours is a common problem, particularly in a rising real estate market and with potential purchasers who don't know much about landlord-tenant laws. Contributing to the problem are realtors themselves...MORE...
Is a one year lease binding if signed by a tennant under the legal age of 19 in BC?...
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Yes. Despite the Infants Act the Residential Tenancy Act recognizes that persons under the age of 19 can enter into tenancy agreements. Courts have long recognized that individuals under the age of ma...MORE...
Hi, Can you please provide me with a definition of an occupant as opposed to an overnight guest. I am a tenant on a month by month rental agreement with my landlord. I am the only one named on the ...
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Section 30 of the Act states: 'the landlord must not restrict access to residential property by …. (b) a person permitted on the residential property by that tenant.” This means that the landlord can...MORE...
We have a problem in our bathroom, We have a pipe that is leaking behind the tub, We have told the landlord and she said to get a plumber to give her an estimate, which we did, When I called her she s...
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You want my advice? Write your landlord a detailed letter identifying your situation, your efforts to have her deal with it, your understanding of her responses, and then indicate that you are going t...MORE...
Six weeks ago, I entered into a two-year lease agreement with a rental agent representing an owner of a brand new condo. Since the signing of the lease, all of the hardwood flooring and carpeting has...
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If I understand correctly you've entered into a 2 year lease but haven't taken possession of your 'future'unit. The landlord seems to be in the process of doing upgrades – but you aren't sure.
Now ...MORE...
We have been living in our building for two years. Last year we moved into a bigger apartment in the same building with a fixed one year lease. Now our landlady has given us two months notice informin...
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Section 49 and his good friend section 51 (one month's free rent) don't apply in fixed term tenancy (lease) agreements. Where the fixed term tenancy agreement specifies an end date, it isn't a require...MORE...
we live in a ground level suite, the people upstairs are very noisy starting their loud music sometimes at 8 am until 11 pm, it's so loud that our walls shake and ceiling shakes. we literally have t...
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Unfortunately I can't offer much help or hope. Yours is a noise complaint against an upstairs neighbour. Where the landlord won't do anything and the neighbours obviously won't either, it is clear tha...MORE...
I recently moved into an upper suite of a Vancouver house when my firend seperated with her husband. I pay half of everything... easy and simple. Well needless to say shes going to try working things ...
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You really seem to have a roommate relationship problem, and not something that an application of the Residential Tenancy Act of BC will address unless the lease gets breached. Convincing a roommate t...MORE...
My girlfriend and I are about to rent a 2 bedroom and den, 2 bathroom apt. At some point within the year lease we plan to rent the spare room to a good mutual friend to save some money. Everyone seems...
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It is never a good idea to start out any relationship with a misrepresentation or a fraud. If you intend to bring a third person into the tenancy without permission it could be grounds for the landlor...MORE...
Hello. Thank you very much for your good work on behalf of so many. I have lived in my current apartment for only about three months. It is a fairly large building, owned by a company which app...
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As set out in section 32 of the Act, the landlord must provide and maintain residential property in a state of decoration and repair that (a) complies with the health, safety and housing standards req...MORE...
My girlfriend and I moved into a place with a very noisy tenant behind us. There have been numerous nights when there has been yelling to the point of police involvement. They have even begun making...
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I like to advise tenants to approach neighbours and obtain information about the community, schools, transportation, noise, crime, etc. before making the commitment to enter a tenancy agreement or lea...MORE...
A prospective tenant has bounced their first month check (no last month was given). A month-to-month lease was signed by landlord then sent to tenant to sign(uknown if the prospective tenant signed it...
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You betcha'. You gotta'play by the rules, which are found in the Residential Tenancy Act. Simply telling the tenant that an agreement is null and void doesn't make it so – you must have someone with a...MORE...
Hi there, I have two tenants(shared accommodation) leaving in my basement. No contract agreement signed between us. My question is, do I have the right to put a rule in place for not having a ...
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If the basement people are sharing the kitchen and bathroom with you then they fall outside the jurisdiction of the Residential Tenancy Act, as set out in section 4. If not, the basement people are te...MORE...
I have lived in an older apartment for almost 8 months. Over this time, I have noticed quite a lot of silverfish, and this population has exploded so much it has become a problem (I wake up almost eve...
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Infestations are common in apartment complexes, silverfish particularly so. The only effective way I know of to deal with silverfish is to fumigate – and it is also controversial. Some tenants refuse ...MORE...
Our tenants caused damage to our rented suite, (broken window, broken light fixtures, hole in wall etc.). We never asked for or received a damage deposit but even if we had the damage would have exce...
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The legal system is divided into jurisdictions - small claims court is for civil matters under $10,000 (soon to be raised to $25,000) and they will only get involved in landlord-tenant disputes in the...MORE...
We have been renting a duplex for the last 9 years. We have been modle tenants. Recently we bought a house in Vancouver and are moving soon. The question is this. The landlord has not painted in ...
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Most Arbitrators hear 3 or 4 cases a week where they have to decide what is 'normal wear and tear'and what constitute damages, so Arbitrators are pretty familiar and savvy with the topic.
The cond...MORE...
Hi, I moved into a basement suite on June 1st. June 20th, there were people wanting to tour my suite - the landlord has decided to sell the house. The landlord does not live in the house and ...
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It really is amazing, but some realtors just don't seem to appreciate how important a cooperative tenant is to the potential sale of a property. Frequently, realtors will insist on barging in on tenan...MORE...
Correct me if I'm wrong: A tenant forfeits his security deposit in BC, if he fails to give 30 days notice before moving out/ending the tenancy....
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I'm correcting you. You're wrong.
Section 38 of the Act says: (1) Except as provided in subsection (3) or (4) (a), within 15 days after the later of (a) the date the tenancy ends, and (b) the date...MORE...
What is the definition of Shared Accomodation? I ask because within our townhouse complex the strata bylaws state that there is a limit on the number of rental units allowed and it is stated that sha...
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The Strata Property Act is pretty complicated. You'll be interested to note that I arbitrate cases under this Act as well.
Generally, shared accomodation is considered to be where the kitchen or ba...MORE...
I just purchased a house in Vancouver that is fully rented. Both tenants have a lease with a 2 month kickout from the previous owner. How do I go about kicking a tenant out by involving the 2 month ki...
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Kickouts? On a lease? Bad news for you Eric. This clause doesn't sound enforceable. A lease is a fixed term. Writing a clause into a fixed term agreement that suggests the landlord can 'kick out'the t...MORE...
Hi, My husband and I own a studio in Kitsilano BC. Our tenant started her lease May 1st, however did not move in until late July. We have a property manager who was in charge at the time of ...
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Your situation is simple: you aren't familiar with the rules and regulations of the Act and it is probably going to cost you. You've also turned things over to someone who might not be looking after y...MORE...
I moved out of a duplex i had been renting for 1 year about 6 months ago. My lanlord kept all of my security deposit($600) because he said the front room carpet had to be replaced and the walls repain...
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The landlord has 15 days from the end of the tenancy to claim against the security deposit. Otherwise, he can only withhold that amount from your security deposit that you agree in writing he can, or ...MORE...
I recently gave a 30-day notice to my current roomate, who is not and never has been on the rental agreement. Since I was trying to be a nice guy about it, I gave the person a few extra days notice, t...
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You have a relationship problem with your roommate. He initially said he won't move, he refuses to pay you rent, and now he is taking his time about moving.
Yours is a personal dilemma and therefo...MORE...
Does the act imply any restrictions for the tenant to bring a water bed or a free standing swiming pool onto the property? The back yard is fenced and there is a pad lock an the gate....
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Dear Mr. Snorkel and fins; Renting a property doesn't include permission to install major landscaping projects like swimming pools, but, as common sense suggests, a kid's play pool that you fill up wi...MORE...
Our landlord has supposedly sold the house we are living in but we have not yet received written notice to move. It is my understanding that we have to receive 60 days notice on the last day of the m...
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Just because the ownership of a property changes hands doesn't mean the tenancy must automatically end. If this were the case chaos would result; just image the sale of a 200 unit high rise apartment ...MORE...
My daughter is moving out of a basement suite we feel there will be problems, this suite is an illegal suite, what are the consequences for the owner if they are caught renting this suite out....
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Illegal suites are really zoning issues between the property owner and municipal jurisdictions. The act of agreeing to rent accommodation isn't illegal in and of itself, which is why tenants in 'illeg...MORE...
Hi there, I'm seeking some tips on how to write a letter to my landlord, inquiring if I can get a dog. I don't think that we are allowed pets, but the building manager has two cats that I'm awa...
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It is up to the landlord to allow pets or not. I'd be inclined to write the letter and explain just as you have for me that you'd like to have a dog. If your agreement has a clause that restricts pets...MORE...
My friend moved into a half duplex, 5 years ago. Owners are now trying to sell it. She never filled out a condition and inspection form, and has never been asked to do one. Will she be able to get al...
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It is her money. She's entitled to it, plus interest. She will get it back if she asks for it – less any amount she agrees in writing that the landlord can keep, or that which an Arbitrator orders the...MORE...
My question is: If I paid my rent for the entire month, am I suppose to stay until the midnight of the last day of the month?...
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Don't do it. It isn't becoming.
You have exclusive use of the rental premises up to 1:00 PM on the last day of the tenancy, unless it is apparent that you have abandoned the premises and/or you con...MORE...
I have been living in Langley BC in a townhouse complex for almost three years now. I have recently bought a place and am moving out at the end of October. I just purchased a small puppy, even though ...
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My advice is that you should only pick fights you know you can win. As I see it, despite the 'no pets'clause, you went out and got a pet. You knew what the landlord meant. Now you're about to get a br...MORE...
Hello Mr Watson, We have lived in a privately owned condo for almost 2 years. Since this past May construction has commenced to repair the "envelope" of the building (from leaky windows). An owner ...
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The 'owner in the building'seems to have inside knowledge of how you can get a 50% rent reduction back to the start of construction – but I don't. How the 'owner in the building'arrives at the 50% mar...MORE...
I have no problems I just want to know how much notice do I have to give my landlord if I want to move out even if there is no agreement...
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Section 45 of the Act sets out notice periods when a tenancy ends. If you are a tenant in a month-to-month tenancy then you are required to provide the landlord with written notice of at least one ful...MORE...
I have recently evicted my tenant for failing to pay the rent. He still continues to remain in the suite. I am wondering if I still need to supply him with non-essential or essential services such as ...
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You could well be right. Your present tenant wouldn't be the first one to play the game, which is frustrating and agonizing, but rules are rules and you need the proper paperwork to physically retake ...MORE...
Hi there! I am in a huge crunch! My fiance just got into school in Kamloops and the rental market there sucks! I now have financing in place to purchase property there, problem is that all the ...
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You are referring to section 49 of the Act which requires a two month notice – not 30 days. Section 49(iii) says that the purchaser can ask the landlord, in writing and when all the conditions on whic...MORE...
