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Landlord & Tenant Frequently Asked Questions

http://www.rto.gov.bc.ca/documents/Guides/ACT_English.pdf us this web site to


answer the following questions.

What is a security deposit? A security deposit is an initial amount of money that is in


a purchasing process to make sure the tenant is aware for the lease and that it was
in fact verified so in the occasion that damage or an issue occurs the landlord can
verify the tenants agreement to the lease.
Must a landlord provide a receipt for a security deposit? Yes, to confirm that the
payment has been made.
Does a landlord have to pay interest on a security deposit? Yes, after the tenant has
moved out the landlord must pay the interest of the security deposit to the tenant.
How much can be charged for a security deposit? A security deposit cannot be more
than one months rent. (Combined with pet deposit)
How much time does a landlord have to return a security deposit after the tenant
moves out? The landlord has 15 days after the tenant has moved out.
What is a rental agreement? A rental agreement is an agreement formed between
the tenant and landlord to clarify what they agree upon during the rental e.g. when
rent is due, who is required to pay for utilities etc.
What are the types of rental agreements? There are week to week agreements,
month to month agreement and yearlong agreements.
Must a landlord give a copy of a signed rental agreement to the tenant? Yes, to
ensure that both parties are clear on their agreement.
Must a landlord give a tenant a copy of the Residential Tenancies Act? Yes, but not in
all provinces in BC
What is a Rental Premises Condition Report form? It is a form signed by both the
landlord and the tenant to state the condition of the living space before they moved
in, to show that no damages were there before the tenant moved in etc.
Does the Residential Tenancies Act apply to a verbal rental agreement? Yes, it
applies.
Can a landlord request postdated cheques for rent payments? Yes, the landlord can
request postdated cheques.

Are there residential premises not covered by the Act? There are such as when a
kitchen/ bathroom is shared between both parties, religious/educational institutes,
and hospital care.
Does the Act apply to business/commercial rental agreements? No, it doesnt apply
to these types of rental agreements.
Is a tenant responsible to have insurance on his/her personal belongings? Yes, they
are responsible for any insurance on their own belongings.
When a rented premises is sold to a new owner, does the rental agreement
continue? Yes, the rental agreement continues as if nothing has happened except in
the case of a foreclosure.
What happens to a security deposit when there is a change in ownership? The new
owner is now responsible for the security deposit.
Can a landlord charge a fee for late payment of rent? The landlord can increase the
rent by $5 the first day and $2 for the following days up to a maximum of $75.
Can a landlord charge a fee if a tenant's rent cheque is returned because of nonsufficient funds (N.S.F.) in the tenant's account? If this were to happen the landlord
can charge a fee up to $25.
Can a tenant withhold rent because a landlord is not maintaining the premises? No,
the tenant is still required to pay because the landlord could file a termination
notice. If the maintenance continues not be fixed the tenant can then take it up with
the division to result in some sort of change.
Can a landlord terminate a rental agreement when the tenant does not pay rent?
Yes, they can send out a termination notice it may take multiple tries and a vast
amount of time to go through with this process though.
Can a landlord increase rent by giving a verbal notice to the tenant? No, the
landlord is required to provide a written notice to go through with the rent increase.
Can a landlord increase rent anytime? They cant increase rent anytime during the
fixed term.
Is a tenant responsible for damages to the residential premises? Yes, they are
required to take care of all damages.
What can a landlord do if a tenant has not repaired damages? After a period of time
they can give a termination notice.
Can a termination notice be verbal? No, it must be in written form.

Where can I get a copy of the Residential Tenancies Act? They can be bought at
government service centers.
If a landlord gives a tenant a Termination Notice in writing, is the tenant required to
give a written notice of his departure? Yes, the tenant is required to do so.

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