Tenancy Agreement British Columbia
Tenancy Agreement British Columbia
Tenancy Agreement British Columbia
The Residential Tenancy Office (RTO) is of the opinion that this Residential Tenancy Agreement accurately reflects the Residential Tenancy Act (RTA) and accompanying regulations. The RTO makes no representations or warranties regarding the use of this Agreement. A landlord and tenant may wish to obtain independent advice regarding whether this agreement satisfies their own personal or business needs. For the rental of a manufactured home and a manufactured home site under a single tenancy agreement, use this agreement form. For the rental of a manufactured home site use the Manufactured Home Site Tenancy Agreement. The words tenant and landlord in this tenancy agreement have the same meaning as in the Residential Tenancy Act (RTA), and the singular of these words includes the plural. In this tenancy agreement, the words residential property has the same meaning as in the RTA. Residential property means a building, or related group of buildings, in which one or more rental units or common areas are located; the parcel or parcels on which building, or group of buildings or common areas are located; the rental unit and common areas and any other structure located on the parcel or parcels.
HOW TO COMPLETE THIS FORM ELECTRONICALLY: If you are accessing this agreement form from the B.C. Government Web site, it can be
printed and completed by hand (print clearly, using dark ink) or filled out while at the computer workstationsimply type your responses in the boxes. If you cannot complete all the sections at the computer right away, you can print off what you have completed and fill in the remaining fields by hand. Note, you cannot save the completed form to your computer, therefore, after you complete the form, make sure you review the form for accuracy and print the number of copies you require before you leave the document or shut down the program/computer.
IF ADDITIONAL SPACE IS REQUIRED TO LIST ALL PARTIES, complete and attach Schedule of Parties (#RTO-26)
Slavenova
last name
Jackie Zdravka
first and middle name(s)
last name
John
last name first and middle name(s)
last name
ADDRESS OF PLACE BEING RENTED TO TENANT(s) (called the rental unit in this agreement):
Maple Ridge
city
B.C.
province
V2X 2S8
postal code
landlord
landlords agent:
Pitt Meadows
city
BC
province
V3Y 1Y7
postal code
#04018-01 (07/2004)
page 1 of 6 pages
2. LENGTH OF TENANCY (please fill in the dates and times in the spaces provided)
This tenancy starts on:
01
day
January
month
2005
year
Length of tenancy: (please check a, b or c and provide additional information as requested) This tenancy is: a) on a month-to-month basis b) for a fixed length of time:
length of time
ending on:
day month year
At the end of this fixed length of time: (please check one option, i or ii) i) the tenancy may continue on a month-to-month basis or another fixed length of time ii) the tenancy ends and the tenant must move out of the residential unit If you choose this option, both the landlord and tenant must initial in the boxes to the right. c) other periodic tenancy as indicated below: weekly bi-weekly other:
Landlords Initials
Tenants Initials
page 2 of 6 pages
300
01
March
month
2005
year
day
B. Pet Damage Deposit not applicable The tenant is required to pay a pet damage deposit of $ by
day month year
1) The landlord agrees a) that the security deposit and pet damage deposit must each not exceed one half of the monthly rent payable for the residential property, b) to keep the security deposit and pet damage deposit during the tenancy and pay interest on it in accordance with the regulation, and c) to repay the security deposit and pet damage deposit and interest to the tenant within 15 days of the end of the tenancy agreement, unless i) the tenant agrees in writing to allow the landlord to keep an amount as payment for unpaid rent or damage, or ii) 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 or pet damage deposit. 2) The 15 day period starts on the later of a) the date the tenancy ends, or b) the date the landlord receives the tenant's forwarding address in writing. 3) If a landlord does not comply with subsection (1), the landlord a) may not make a claim against the security deposit or pet damage deposit, and b) must pay the tenant double the amount of the security deposit, pet damage deposit, or both. 4) The tenant may agree to use the security deposit and interest as rent only if the landlord gives written consent.
5. PETS
Any term in this tenancy agreement that prohibits, or restricts the size of, a pet or that governs the tenant's obligations regarding the keeping of a pet on the residential property is subject to the rights and restrictions under the Guide Animal Act.
7. PAYMENT OF RENT
1) The tenant must pay the rent on time, unless the tenant is permitted under the Act to deduct from the rent. If the rent is unpaid, the landlord may issue a notice to end a tenancy to the tenant, which may take effect not earlier than 10 days after the date the tenant receives the notice. 2) The landlord must not take away or make the tenant pay extra for a service or facility that is already included in the rent, unless a reduction is made under section 27 (2) of the Act. 3) The landlord must give the tenant a receipt for rent paid in cash. 4) The landlord must return to the tenant on or before the last day of the tenancy any post-dated cheques for rent that remain in the possession of the landlord. If the landlord does not have a forwarding address for the tenant and the tenant has vacated the premises without notice to the landlord, the landlord must forward any post-dated cheques for rent to the tenant when the tenant provides a forwarding address in writing.
6. CONDITION INSPECTIONS
1) In accordance with sections 23 and 35 of the Act [condition inspections] and Part 3 of the regulation [condition inspections], the landlord and tenant must inspect the condition of the rental unit together a) when the tenant is entitled to possession, b) when the tenant starts keeping a pet during the tenancy, if a condition inspection was not completed at the start of the tenancy, and c) at the end of the tenancy. 2) The landlord and tenant may agree on a different day for the condition inspection. 3) The right of the tenant or the landlord to claim against a security deposit or a pet damage deposit, or both, for damage to residential property is extinguished if that party does not comply with section 24 and 36 of the Residential Tenancy Act [consequences if report requirements not met].
page 3 of 6 pages
8. RENT INCREASE
1) 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 legal 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 approved Notice of Rent Increase form available from any Residential Tenancy Office or Government Agent Office. 2) 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, including 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.] 3) The landlord may increase the rent only in the amount set out by the regulation. If the tenant thinks the rent increase is more than is allowed by the regulation, the tenant may talk to the landlord or contact the Residential Tenancy Office for assistance. 4) Either the landlord or the tenant may obtain the percentage amount prescribed for a rent increase from the Residential Tenancy Office.
9. ASSIGN OR SUBLET
1) The tenant may assign or sublet the rental unit to another person with the written consent of the landlord. If this tenancy agreement is for a fixed length of 6 months or more, the landlord must not unreasonably withhold consent. Under an assignment a new tenant must assume all of the rights and obligations 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. 2) 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.
10. REPAIRS
1) Landlord's obligations: a) The landlord must provide and maintain the residential property in a reasonable state of decoration and repair, suitable for occupation by a tenant. The landlord must comply with health, safety and housing standards required by law. b) If the landlord is required to make a repair to comply with the above obligations, 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. 2) Tenant's obligations: a) The tenant must maintain reasonable health, cleanliness and sanitary standards throughout the rental unit and the other residential property to which the tenant has access. The tenant must take the necessary steps to repair damage to the residential property caused by the actions or neglect of the tenant or a person permitted on the residential property by the tenant. The tenant is not responsible for reasonable wear and tear to the residential property. b) If the tenant does not comply with the above obligations within a reasonable time, 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 tenancy, or both. 3) Emergency Repairs: a) The landlord must post and maintain in a conspicuous place on the residential property, or give to the tenant in writing, the name and telephone number of the designated contact person for emergency repairs. b) If emergency repairs are required, the tenant must make at least two attempts to telephone the designated contact person, and then give the landlord reasonable time to complete the repairs. c) If the emergency repairs are still required, the tenant may undertake the repairs, and claim reimbursement from the landlord, provided a statement of account and receipts are given to the landlord. If the landlord does not reimburse the tenant as required, the tenant may deduct the cost from rent. The landlord may take over completion of the emergency repairs at any time. d) Emergency repairs must be urgent and necessary for the health and safety of persons or preservation or use of the residential property and are limited to repairing i) major leaks in pipes or the roof, ii) damaged or blocked water or sewer pipes or plumbing fixtures, iii) the primary heating system, iv) damaged or defective locks that give access to a rental unit, or v) the electrical systems.
page 4 of 6 pages
f) the landlord is providing housekeeping or related services and the entry is for that purpose and at a reasonable time. 3) The landlord may inspect the rental unit monthly in accordance with subsection (2) (a). 4) If a landlord enters or is likely to enter the rental unit illegally, the tenant may apply for an arbitrator's order under the Residential Tenancy Act, to change the locks, keys or other means of access to the rental unit and prohibit the landlord from obtaining entry into the rental unit. At the end of the tenancy, the tenant must give the key to the rental unit to the landlord.
12. LOCKS
1) The landlord must not change locks or other means of access to residential property unless the landlord provides each tenant with new keys or other means of access to the residential property. 2) The landlord must not change locks or other means of access to a rental unit unless the tenant agrees and is given new keys. 3) The tenant must not change locks or other means of access to a) common areas of residential property, unless the landlord consents to the change, or b) his or her rental unit, unless the landlord consents to, or an arbitrator has ordered, the change.
By signing this tenancy agreement, the landlord and the tenant are bound by its terms.
LANDLORD(S):
(if entry for landlord is a business name, use the last name field box to enter the full legal business name)
Slavenova
last name
Jackie Zdravka
first and middle name(s)
Signature:
Date:
last name
Signature: TENANT(S):
Date:
John
last name first and middle name(s)
Signature:
Date:
last name
Signature:
Date:
General Information about Residential Tenancy Agreements
Important Legal Document This tenancy agreement is an important legal document. Keep it in a safe place. Additional Terms Any additional terms cannot contradict or change any right or duty under the RTA or this tenancy agreement. Amendment of the RTA The RTA or a regulation made under the RTA, as amended from time to time, take priority over the terms of this tenancy agreement. Condition Report The landlord and tenant are required to inspect the residential unit together at the beginning and end of the tenancy and complete a written condition report. If the landlord allows the tenant to have a pet after the start of the tenancy, an inspection report must be done on the day the tenant starts keeping a pet or on another day mutually agreed to by the landlord and tenant, unless the tenancy started on or after January 1, 2004, and a condition inspection report was completed at that time. A report may describe any damage, how clean each room is, and the general condition of the residential unit including: the floors, carpets, appliances, and paint on the walls. The report must be signed and dated by both the landlord and the tenant who made the inspection, and each should keep a copy. Change of Landlord A new landlord has the same rights and duties as the previous one and must follow all the terms of this agreement unless the tenant and new landlord agree to other terms. Resolution of Disputes If problems or disagreements arise, the landlord and tenant should try to talk to each other to find a solution. If they still cannot agree, either may contact the Residential Tenancy Office for clarification of their rights and responsibilities or an intervention. If no agreement is reached, a landlord or a tenant may apply for an arbitration hearing to get a decision. Many, but not all, kinds of disagreements can be decided by arbitration.
FOR MORE INFORMATION . . . visit B.C. Government Web site: www.gov.bc.ca (type rto in search bar)
OR call the Residential Tenancy Offices 24-Hour Recorded Information Line: In the Lower Mainland 604 660-1020 elsewhere in B.C. call toll free: 1 800 661-4886 page 6 of 6 pages