Frequently Asked Questions
Below is a list of most popular questions asked by both landlords and tenants. If you have any specific questions please e-mail them to info@execpm.com and we will answer them immediately.
Table of Contents
Table of Contents
- Can the property be sold if it is tenanted?
- When can the landlord increase the rent?
- How much can a landlord ask for as a deposit?
- How can you end a tenancy?
- When can a landlord get access to their property?
- How are disputes handled?
Can the property be sold if it is tenanted?
The obligations of any residential tenancies currently in place at the time that a property is bought or sold are made a condition of the sale. There are various situations but the rule of thumb is that in the event that the new owner is intending to occupy the property either for themselves or a close relative they need to provide the tenant with a 2-month notice period of which the tenant is entitled to a refund of the rent for the last month. There are some city’s that have additional by-laws such as the City of Vernon that requires developers to give 3 months notice and refund 2 months of rent to the tenant in the event that the property is to be developed.
For additional information and compliance with the guidelines of the RTO/RTB visit www.rto.gov.bc.ca
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For additional information and compliance with the guidelines of the RTO/RTB visit www.rto.gov.bc.ca
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When can the landlord increase the rent?
The Residential tenancy Office (RTO) or as it is also know the Residential tenancy Branch (RTB) stipulates how much landlords can increase rents by. Rents can only be increased once a year and anytime after the anniversary of the tenancy by the landlord giving the tenant a 3-month notice of increase in writing.
For additional information and compliance with the guidelines of the RTO/RTB visit www.rto.gov.bc.ca
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For additional information and compliance with the guidelines of the RTO/RTB visit www.rto.gov.bc.ca
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How much can a landlord ask for as a deposit?
A landlord can ask for a maximum of half a months rent as a security deposit and a maximum of half a months rent as a pet deposit. The deposits (+ interest) must be returned to the tenant within 2 weeks of vacating the premises AND providing the landlord with a forwarding address.
The landlord cannot withhold the security deposit UNLESS the tenant has given explicit permission (preferably in writing) OR the landlord has filed for arbitration.
Landlords of mobile homes cannot request the tenant to pay a pet or security deposit.
For additional information and compliance with the guidelines of the RTO/RTB visit www.rto.gov.bc.ca
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The landlord cannot withhold the security deposit UNLESS the tenant has given explicit permission (preferably in writing) OR the landlord has filed for arbitration.
Landlords of mobile homes cannot request the tenant to pay a pet or security deposit.
For additional information and compliance with the guidelines of the RTO/RTB visit www.rto.gov.bc.ca
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How can you end a tenancy?
A notice to end tenancy must be in writing and be received 1 calendar month prior to the requested end date. A landlord must use one of the following approved RTO forms
(i) 10 day notice for unpaid rent or utilities
(ii) One month notice for cause
(iii) Two month notice for landlord’s use of the property.
For additional information and compliance with the guidelines of the RTO/RTB visit www.rto.gov.bc.ca
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(i) 10 day notice for unpaid rent or utilities
(ii) One month notice for cause
(iii) Two month notice for landlord’s use of the property.
For additional information and compliance with the guidelines of the RTO/RTB visit www.rto.gov.bc.ca
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When can a landlord get access to his property?
The landlord must provide written notice to enter the property unless the tenant agrees to a verbal request. The written notice must be at least 24 hours prior to entry and not more than 30 days before the time of entry.
The landlord may enter the unit whether or not the tenant is present provided proper notice has been given or in the event of an emergency.
For additional information and compliance with the guidelines of the RTO/RTB visit www.rto.gov.bc.ca
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The landlord may enter the unit whether or not the tenant is present provided proper notice has been given or in the event of an emergency.
For additional information and compliance with the guidelines of the RTO/RTB visit www.rto.gov.bc.ca
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How are disputes handled?
All disputes are handled by an arbitrator appointed by the RTO by means of a conference call. The decision of the arbitrator is binding but can be appealed under certain circumstances.
Depending on the nature of a dispute there is a time limit for applying for arbitration. Eg, a landlord must file within 15 days to hold all or some of the security deposit while the tenant has 2 years to file a claim against the landlord for a return of the security deposit.
For additional information and compliance with the guidelines of the RTO/RTB visit www.rto.gov.bc.ca.
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Depending on the nature of a dispute there is a time limit for applying for arbitration. Eg, a landlord must file within 15 days to hold all or some of the security deposit while the tenant has 2 years to file a claim against the landlord for a return of the security deposit.
For additional information and compliance with the guidelines of the RTO/RTB visit www.rto.gov.bc.ca.
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Last revised: Date February 2013
