Landlord & Tenant Frequently Asked Questions

Use this website to answer the following questions:

http://www.rto.gov.bc.ca/documents/Guides/ACT_English.pdf

1. What is a security deposit?

A security deposit is a one-time only payment from the tenant to the
landlord that cannot be more than half of one month's rent.
2. Must a landlord provide a receipt for a security deposit?
A landlord must provide a receipt for a security deposit, or else there
would be no proof that the tenant paid the money and the landlord received
it.
3. Does a landlord have to pay interest on a security deposit?
A landlord does have to pay interest on a security deposit. They must
calculate the interest owing on the full amount of the deposit before any
deductions are made. The interest is calculated from the date the tenant paid
the deposit to the date it will be returned to the tenant.
4. How much can be charged for a security deposit?
A security deposit cannot be more than half of one months rent,
though it can fluctuate depending on the type of rental agreement (week-toweek, month-to-month, fixed term).
5. How much time does a landlord have to return a security deposit
after the tenant moves out?
A landlord has 15 days after a tenant has moved out (and given the
landlord a forwarding address in writing) to return a security deposit. This is
unless the landlord has a claim for all or a portion of the security deposit, in
which case the tenant must first give Written Permission.
6. What is a rental agreement?
A rental agreement is a contract that establishes the rules regarding
the tenancy. It may be oral or written, simple or brief, and may have extra
conditions included.
7. What are the types of rental agreements?
The types of rental agreements include month-to-month, week-toweek, and fixed-term (not more than twelve months and not less than six
months) leases.
8. Must a landlord give a copy of a signed rental agreement to the
tenant?

A landlord must give a copy of the signed rental agreement to the

tenant within ten days of signing. If not, the tenant does not have to pay rent
until the copy is received.
9. Must a landlord give a tenant a copy of the Residential Tenancies
Act?
Yes, a landlord must give the tenant a copy of the Residential
Tenancies Act (no charge) upon entering a rental agreement.
10.

What is a Rental Premises Condition Report form?

A Rental Premises Condition Report form outlines the units condition
before the tenant moves in and after the tenant moves out.

11.
Does the Residential Tenancies Act apply to a verbal rental
agreement?
Yes, the Act does apply to a verbal rental agreement.
12.

Can a landlord request post-dated cheques for rent payments?

A landlord can request post-dated cheques from the tenant.

13.

Are there residential premises not covered by the Act?

There are residential premises not covered by the Act, including where
the owner shares kitchen facilities and a bathroom with an occupant (such as
a boarding home), where bed linens and meals are provided, provided by an
educational institution to its students, provided by religious, charitable, or
non-profit organizations; in a hospital or nursing home, or occupied on a
transient bases provided in an inn, motel, tourist home, hostel, or hotel.

14.

Does the Act apply to business/commercial rental agreements?

The Act does not apply to business/commercial rental agreements.

15.
Is a tenant responsible to have insurance on his/her personal
belongings?
Yes, the tenant is responsible to have insurance on his/her personal
belongings.
16.
When a rented premises is sold to a new owner, does the
rental agreement continue?
The rental agreement does continue when a rented premises is sold to
a new owner, as if there was no change in ownership. However, in an
exception, a foreclosure may result.
17.
What happens to a security deposit when there is a change in
ownership?
When there is a change in ownership, the new owner will be
responsible for the security deposit.

18.

Can a landlord charge a fee for late payment of rent?

Yes, a landlord can charge a fee for late payment of rent. They can
charge five dollars for the first day that the rent is late and two dollars for
each additional day, up to a maximum of seventy-five dollars.

19.
Can a landlord charge a fee if a tenant's rent cheque is
returned because of non-sufficient funds (N.S.F.) in the tenant's
account?
A landlord can charge a fee if a tenants rent cheque is returned
because of non-sufficient funds in the tenants account. However, they
cannot charge a fee greater than twenty-five dollars.
20.
Can a tenant withhold rent because a landlord is not
maintaining the premises?
No, a tenant cannot withhold rent because a landlord is not
maintaining the premises. If they do, this may result in the landlord serving a
short Termination Notice. There are other options if the landlord is not
carrying out the desired maintenance work from the tenant.
21.
Can a landlord terminate a rental agreement when the tenant
does not pay rent?
A landlord can terminate a rental agreement when the tenant does not
pay rent. This can be done by way of giving a short Termination Notice.
22.
Can a landlord increase rent by giving a verbal notice to the
tenant?
A landlord cannot increase rent by giving a verbal notice to the tenant.
23.

Can a landlord increase rent anytime?

No, a landlord cannot increase the rent at any time.

24.
Is a tenant responsible for damages to the residential
premises?
A tenant is responsible for damages to the residential premises if the
damage is caused by the tenant or a guest of the tenant.
25.

What can a landlord do if a tenant has not repaired damages?

If a tenant has not repaired damages, a landlord can request (in
writing) for a tenant to repair the damages within a reasonable time.

26.
27.

Can a termination notice be verbal?

No, a termination notice cannot be verbal; it must be in writing.

Where can I get a copy of the Residential Tenancies Act?

One can get a copy of the Residential Tenancies Act at Government
Service Centres for five dollars and twenty five cents. They can be ordered
by phone.

28.
If a landlord gives a tenant a Termination Notice in writing, is
the tenant required to give a written notice of his departure?
If a landlord gives a tenant a Termination Notice in writing, the tenant
is required to give a written notice of his/her departure. Otherwise, rent is
payable to the effective date of termination.