You finally found your dream rental or someone you can trust to rent your investment property to. Now everything will be great, and life will continue without problems—right?
We can only wish that were true, but reality is often messier.
Let’s explore five common contentious areas in tenancy law, which may arise during your tenancy.
1. Paying Rent – Cash Is King… or Is It?
Do not pay or accept rent in cash unless you want aheadache. Any method of payment that provides a record will prevent disputes on payment of rent and reduce your risk of exposure to scams. I recommend using e-transfers—they’re easy to track, convenient, and cost no extra charge.
2. No Guests Allowed – Is That Just a Myth?
Of course, the tenant can’t have a friend move in under theguise of being a “guest” indefinitely. However, it’s also illegal for thelandlord to completely ban overnight guests or to place unreasonable restrictions.
So, is there a limit, or what is the fine line? The lawdoesn’t specify a set number of days, but you need to ensure that your guests don’t become de facto occupants.
Guests may be considered an occupant if they:
- Receive mail,
- Stay regularly,
- Contribute to rent or bills,
- Have a spare key, or
- Move personal belongings at the tenant’s address
If a guest is deemed an occupant, the landlord can request theguest to leave. If the request is ignored, the landlord may apply to the Residential Tenancy Branch (RTB) for dispute resolution and possibly end the tenancy.
3. Services and Facilities
Your tenancy agreement should outline the services andfacilities available to you. These are categorized as essential and non-essential,and the difference matters.
A landlord cannot terminate an essential service orfacility. According to RTB Guideline 22, an essential service or facilityis one that, if removed, would make it impossible or impractical for a reasonable person to use the rental unit as living accommodation.
However, a landlord may stop providing a non-essential service — but must offer an equivalent rent reduction. If the landlordremoves a non-essential service without adjusting the rent, the tenant can
apply for dispute resolution to seek a rent reduction.
4. Repairs – Are They Urgent?
RTB Guideline 1 outlines most responsibilities of landlordsand tenants regarding repairs.
Tenants must promptly notify their landlord of neededrepairs. If notification is delayed, the tenant may be held responsible forpart or all of the resulting damage. It’s important to keep a record of allattempts to notify the landlord, especially if there’s a dispute later on about delayed reporting.
5. Subletting and Assignment – Who Are These New People?
Subletting occurs when a tenant temporarily rents outthe premises but plans to return later. Assignment is when a tenant permanently transfers the lease to someone else.
Tenants cannot sublet or assign a rental unit without thelandlord’s written permission. However, if the lease is a fixed-termagreement with more than six months remaining, a landlord cannot unreasonably refuse a sublet or assignment request. If they do, the tenantcan apply to the RTB for dispute resolution.
Note: This right does not apply to non-profithousing where rent is based on the tenant’s income.