Tenancy Agreements: What Should You Know?
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by
PHS
What do you know about tenancy agreements? Knowing your rights as a renter is an important step in the renting process. It is useful when negotiating with your landlord or when signing the tenancy agreement. There are certain rights specially made to protect tenants, so there is nothing frightening about signing a legal document. Familiarize yourself with the basics and rent with confidence!
What Should Tenancy Agreements Include?
Under the Residential Tenancy Act, there is a required set of items that must be present in the Tenancy agreement. Here are some common things to look out for and make sure that they are included in the agreement.
- The tenancy agreement must state whether it was entered into on or before, or after, January 1, 2004
- The legal names of the landlord and tenant
- The address of the rental unit
- The date on which the tenancy begins and ends
- The address for service and phone number of the landlord or landlord’s agent
- The period of tenancy (if rent is due weekly, monthly, fixed, etc.)
- The amount of rent payable for a specified period. If there are multiple tenants and the rents differ for each, the amount for each tenant has to be noted
- The day in the period on which the tenancy is based, on which the rent is due
- Services and facilities included in the rent
- The amount of any security deposit or pet damage deposit and the date on which the deposits must be paid
The landlord is required to provide a copy of the agreement for the tenant 21 days after both of them have entered into an agreement.
Fees, Deposits and Rent
It is also important to note that application and processing fees are prohibited. A landlord is not allowed to charge a person for
- Accepting an application for a tenancy
- Processing the application
- Investigating the applicant’s suitability as a tenant
- Accepting the person as a tenant
Though, a landlord is allowed to charge either a security deposit or a pet damage deposit. The deposits’ amounts cannot be greater than half of one month’s rent. Also, the landlord should not be requesting security deposits other than when the tenancy agreement was enacted.
For pet damage deposits, the landlord may request a deposit if the tenant gets a pet at any point while renting the property. Multiple deposits are also prohibited, and the landlord should return the deposits 15 days from the end of the tenancy.
Other Conditions to Consider
The landlord may require proof of tenant insurance in the agreement. It is up to the tenant whether or not they agree to these terms, and it may be negotiable it with the landlord. It may be a good idea to get tenant insurance in case of damages and other issues that may arise.
Sometimes, a co-signor may be required when signing a lease. The purpose of a co-signor is someone to share the responsibilities of the lease with. If you are not able to, for example, pay rent, your co-signor must pay it on your behalf. The conditions the co-signor has to follow should be outlined in the tenancy agreement.
People are often unaware that they begin renting the space once they sign the tenancy agreement. You do not have to be moved into the space to begin renting. It is dependent on the date you entered into a tenancy agreement. Therefore, the tenant must pay rent and other expenses accordingly.
Before Moving In
At the start of the tenancy, landlords and tenants must inspect the condition of the rental unit. This can happen on the day the tenant takes over the unit or on another agreed day. The inspection must also occur on or before the day the tenant starts keeping a pet. Though, this is only required if the landlord allows pets after the start of a tenancy and a previous inspection was not completed. A condition report needs to be signed by the landlord and tenant.
If the landlord has provided 2 opportunities for inspection and the tenant has not participated on either occasion, security and/or pet damage deposits need not be returned. Landlords must also replace or rekey the locks of the rental unit and pay for all associated costs before the tenant moves in. This is so that previous tenants won’t have access to the unit
Can I change my tenancy agreement after signing?
Yes, you can alter your agreement but the standard terms cannot be changed or removed. Standard terms are defined by the government to ensure that the rights and responsibilities of landlords and tenants are met. Standard terms, by law, are required in all tenancy agreements, even if your landlord creates their own agreement form.
If you are uncomfortable signing what your landlord has made or are unsure if all the standard terms are present, suggest using a standardized form provided by the government. If changes are to be made, both the tenant and the landlord have to agree to it. These changes, however, do not apply to rent increases, restriction on a service or facility, and when there is permission from a director that both parties do not have to agree for a change to happen.
Additional Resources
If you have more questions regarding your lease, check out these websites below for more information.
- Ready to Rent BC Association was founded by a group of citizens and service-related agencies in the Victoria region. Their goal was to find solutions for people who had difficulty finding suitable housing. They have developed a program to educate tenants with everything related to renting. You can contact them through their online chat and support call line.
- Tenant Resource and Advisory Centre (TRAC) promotes the legal protection of residential tenants across BC. They provide information, education, support, and research on tenancy matters.
- The government of British Columbia also has information on their website pertaining to tenants. Their website includes problem solving guides, important forms and a link to apply for dispute resolution.
Ready to Sign?
Signing a legal document can cause some understandable anxiety but rental agreements help protect you and your rights! Understanding how they work and benefit you can be a huge help. There are still many resources available on the internet if your questions remain unanswered. Once your questions are answered and you’re happy with the agreement, go ahead and sign it! Congratulations! You are now a tenant with a place to call home.
Progressive Housing Society works hard to help people struggling with mental health and substance use to find a safe and secure home to call their own. We provide support and advocacy to those in need. With the support of the community, we have been able to support many who had no where else to turn. Are you looking to have an impact? Find out how you can make a difference today.
References
Canada, Government of B.C., B.C. Law. (2000). Residential Tenancy Act.Victoria: British Columbia, Residential Tenancy. Retrieved June 13, 2019, from http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section41
Office of Housing and Construction Standards. (2017, September 23). Deposits & Fees. Retrieved June 21, 2019, from https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/deposits-and-fees
Office of Housing and Construction Standards. (2019, June 04). Tenancy Agreements. Retrieved June 13, 2019, from https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/tenancy-agreements
Tenant Resource and Advisory Centre. (n.d.). SECURITY AND PET DAMAGE DEPOSITS. Retrieved June 21, 2019, from http://tenants.bc.ca/security-and-pet-damage-deposits/
Tenant Resource and Advisory Centre. (n.d.). Retrieved June 14, 2019, from http://tenants.bc.ca/
