Landlord & Tennant Frequently Asked Questions

Use this website to answer the following questions:

https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies

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 month’s rent, though it can
fluctuate depending on the type of rental agreement (week-to-week, 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-to-week, 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 unit’s 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 tenant’s rent cheque is returned because of non-
sufficient funds in the tenant’s 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. Can a termination notice be verbal?

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

27. 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.