Residential Tenancy Agreement (British Columbia)
THIS AGREEMENT made the _______ day of ________________, _________.
BETWEEN (use correct legal names):
(referred to in this agreement as \\\"the tenant\\\")
(referred to in this agreement as \\\"the landlord\\\")
1. Address of residential premises
The address of the premises to be rented is located at ________________________________
(Street address) (City and province) (Postal code)
2. Address for service
The address for serving notices and documents and the telephone number of the landlord or landlord\\\'s agent is:
(Name, if different from landlord)
(Apt./Suite no.) (Street address)
(City and province) (Postal code) (Telephone number)
3. Term of agreement
The term of this agreement will be as follows:
This will be a
[ ] daily or week-to-week tenancy which will begin on __________________________, _______.
[ ] month-to-month tenancy which will begin on ________, _______.
[ ] fixed term tenancy which will begin on __________, and end on _______.
If the tenancy is for a fixed length of time, at the end of the fixed time -
[ ] the tenancy may continue on a month-to-month basis or for another fixed time.
[ ] the tenancy will end.
The rent will be $_________________ [ ] per week, [ ] per month, and must be paid on or before the ________________ day of each [ ] week [ ] month. The first [ ] week\\\'s [ ] month\\\'s rent will be payable on ________________.
The tenant must pay the rent on time. If the rent is late, the landlord may issue a Notice to End a Residential Tenancy to the tenant, which may take effect not earlier than 10 days after the date the Notice is given.
5. Included in the rent
The following items, appliances, and services are included in the rent: (Check only those things that are included and provide additional inFORMation if required.)
[ ] water
[ ] electricity
[ ] heat
[ ] stove
[ ] oven
[ ] refrigerator [ ] dishwasher
[ ] furniture
[ ] window coverings
[ ] carpets
[ ] laundry facilities
[ ] cablevision [ ] garbage collection
[ ] parking for _____ vehicle(s)
[ ] sewage disposal
[ ] sheets and towels
[ ] other:
The landlord must not take away or make the tenant pay extra for a service or facility that is already included in the rent.
6. Security deposit
The landlord acknowledges receiving from the tenant the sum of $_______________ on _________________(date) as a security deposit.
The landlord agrees
(i) that the security deposit must not exceed one half of the monthly rent payable for the residential premises,
(ii) to keep the security deposit during the tenancy and pay interest on it in accordance with the Residential Tenancy Act, and
(iii) to return the security deposit and interest to the tenant within 15 days of the end of the tenancy agreement, unless
(a) the tenant agrees in writing to allow the landlord to keep an amount as payment for unpaid rent or damage, or
(b) the landlord applies for arbitration under the Residential Tenancy Act within 15 days of the end of the tenancy agreement to claim some or all of the security deposit and interest.
The tenant agrees to use the security deposit and interest as rent only if the landlord consents.
7. Rent increases
Once a year, the landlord may increase the rent for the existing tenant. The landlord may only increase the rent 12 months after the date that the existing rent was established with the tenant or 12 months after the date of the last lawful rent increase for the tenant, even if there is a new landlord or a new tenant by way of an assignment. The landlord must use the prescribed Notice of Rent Increase FORM available from any office of the Residential Tenancy Branch or Government Agent.
A landlord must give a tenant 3 whole months notice, in writing, of a rent increase. For example, if the rent is due on the 1st of the month and the tenant is given notice any time in January, even January 1st, there must be 3 whole months before the increase begins. In this example, the months are February, March and April, so the increase would begin on May 1st.
If the tenant thinks the rent increase is unjustified the tenant may talk to the landlord or contact the Residential Tenancy Branch for assistance. If the issue is not resolved, the tenant may apply for arbitration under the Residential Tenancy Act within 30 days from the date of receipt of the Notice of Rent Increase.
A landlord must give a tenant of a manufactured home pad 6 whole months notice, in writing, of a rent increase. If the tenant thinks the rent increase is unjustified, the tenant may talk to the landlord or contact the Residential Tenancy Branch for assistance. If the issue is not resolved, the tenant may apply for mediation by the Manufactured Home Park Dispute Resolution Committee.
8. Assign or Sublet
The tenant may assign or sublet the residential premises to another person with the consent of the landlord. If this tenancy agreement is for a fixed length of 6 months or more, or is solely for the rental of a manufactured home pad, the landlord must not arbitrarily or unreasonably withhold consent to assign or sublet. Under an assignment a new tenant must assume all of the rights and duties under the existing tenancy agreement, at the same rent. The landlord must not charge a fee or receive a benefit, directly or indirectly, for giving this consent.
If a landlord unreasonably withholds consent to assign or sublet or charges a fee, the tenant may apply for arbitration under the Residential Tenancy Act.
(a) Landlord\\\'s Duties:
The landlord must provide and maintain the residential premises and residential property in a reasonable state of decoration and repair, making the residential premises and the residential property suitable for occupation by a reasonable tenant. The landlord must comply with health, safety and housing standards required by law.
If the landlord is required to make a repair to comply with the above duties, the tenant may discuss it with the landlord. If the landlord refuses to make the repair, the tenant may seek an Arbitrator\\\'s Order under the Residential Tenancy Act for the completion and costs of the repair.
(b) Tenant\\\'s Duties:
The tenant must maintain ordinary health, cleanliness and sanitary standards throughout the residential premises and residential property. The tenant must take the necessary steps to repair damage to the residential premises and residential property caused by a wilful or negligent act or omission of the tenant or invited guests of the tenant. The tenant is not responsible for reasonable wear and tear to the residential premises.
If the tenant does not comply with the above duties, the landlord may discuss the matter with the tenant and may seek a monetary order through arbitration under the Residential Tenancy Act for the cost of repairs, serve a Notice to End a Residential Tenancy, or both.
(c) Emergency Repairs:
The landlord must post the name and telephone number of the designated contact person for emergency repairs.
The tenant must make at least two attempts to notify the person designated by the landlord, and give a reasonable time for completion of the emergency repairs by the landlord.
If the emergency repairs are still required, the tenant may undertake the repairs and deduct the cost from the next month\\\'s rent, provided a statement of account and receipts are given to the landlord. The landlord may take over completion of the emergency repairs at any time.
Emergency repairs must be urgent and necessary for the health and safety of persons or preservation of property and are limited to
(i) major leaks in the pipes or roof,
(ii) damaged or blocked water or sewer pipes or plumbing fixtures,
(iii) repairs to the primary heating system, and
(iv) defective locks that give access to the residential premises.
10. Occupants and Invited Guests
(a) The landlord may not stop the tenant from having guests in the residential premises under reasonable circumstances. If the number of permanent occupants is unreasonable, the landlord may discuss the issue with the tenant and may serve a Notice to End a Residential Tenancy. Disputes regarding the notice may be resolved through arbitration under the Residential Tenancy Act.
(b) If the tenant lives in a hotel, the landlord may impose reasonable restrictions on invited guests and reasonable extra charges for overnight accommodation of invited guests.