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? Security deposit is a sum of money held in trust either as an initial part-
payment in a purchasing process or, in the course of a rental agreement to ensure the cost of repair in relation to any
damage explicitly specified in the lease and that did in fact occur.

Must a landlord provide a receipt for a security deposit? A landlord must give the tenant
a written receipt stating the amount of deposit.

Does a landlord have to pay interest on a security deposit? Yes, the landlord must pay
interest on security deposit for the entire period the landlord has the deposit

How much can be charged for a security deposit ? Security deposit cannot be more than half of one
month's rent

How much time does a landlord have to return a security deposit after the tenant
moves out? A landlord has about 15 days to return the security deposit after the tenant moves out

What is a rental agreement?

A rental agreement can be oral or written and is a legal binding contract between the parties. It may also contain extra
conditions or obligations.

What are the types of rental agreements? Types of rental agreements are weekly, monthly and
a fixed term of not less than 6 months and not more than 12.

Must a landlord give a copy of a signed rental agreement to the tenant? Yes the
landlord has to give a copy of the signed rental agreement

Must a landlord give a tenant a copy of the Residential Tenancies Act? Yes the landlord
has to provide a copy to the tenant.

What is a Rental Premises Condition Report form? A rental premises condition report form shows the
condition of the residential premises at the beginning and end of the rental agreement

Does the Residential Tenancies Act apply to a verbal rental agreement? Yes the act
does apply to a verbal rental agreement.

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? Yes there are certain premises not
covered &y the act

Does the Act apply to business/commercial rental agreements?

No, the act does not apply to business and commercial rental agreements
Is a tenant responsible to have insurance on his/her personal belongings? Yes a tenant
is responsible to carry insurance on his or her belongings

When a rented premises is sold to a new owner, does the rental agreement
continue? Yes the rental agreement continues when the place is sold to a new owner

What happens to a security deposit when there is a change in ownership? The new
owner will be responsible for the security deposit if there is one when there is a change in ownership

Can a landlord charge a fee for late payment of rent? Yes the landlord can charge 2.00 for
the first day it is late and 5.00 for each additional day the rent is not paid up to a maximum of 75.00.

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 a rent cheque is returned a landlord may
charge a fee not greater than 25.00

Can a tenant withhold rent because a landlord is not maintaining the premises? No,
not paying the rent may result in the landlord serving a short termination notice.

Can a landlord terminate a rental agreement when the tenant does not pay rent?
Yes a landlord can give a short termination notice when the rent is not paid

Can a landlord increase rent by giving a verbal notice to the tenant? No a landlord must
give the tenant a written notice to increase the rent.

Can a landlord increase rent anytime? No a landlord cannot increase the rent anytime

Is a tenant responsible for damages to the residential premises? A tenant is responsible

for any damages where the tenant or one of the tenants guests created the damages.

What can a landlord do if a tenant has not repaired damages? A landlord can request in writing
a tenant to repair damages if a tenant has yet to

Can a termination notice be verbal? No a termination notice must in writing

Where can I get a copy of the Residential Tenancies Act? You can get an copy of the
residential tenancies act at the government service center for 5.25

If a landlord gives a tenant a Termination Notice in writing, is the tenant required to

give a written notice of his departure? Yes, all notices of termination by landlord will require
a written notice from a tenant when he or she is leaving.