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Landlord and Tenant Lease Disputes
The cost of unresolved residential tenancy issues can be steep. And if you’re a business owner, a lease dispute can quickly impact your operations, profitability, and cash flow.
Here’s everything you need to know about landlord-tenant lease disputes.
Understanding BC Residential Tenancy Law
Rather than one federal law, provincial acts across Canada govern the landlord-tenant relationship.
The Residential Tenancy Act in British Columbia
One of the active Statues of British Columbia is the Residential Tenancy Act [SBC 2002]. The RTA covers everything from the allowed rent increases to penalties and dispute resolution.
Here’s a quick overview of the rights and obligations of both landlords and tenants:
BC Landlord Rights
The RTA gives landlords several rights, including:
- Requiring a deposit as part of the lease.
- Prohibiting pets or setting restrictions on the kind, size, and number.
- Requesting a pet damage deposit (as long as it’s not greater than ½ of the monthly rent).
- Requiring repairs for damages in the unit or common areas caused by the tenant’s actions.
- Receiving a vacated, reasonably clean unit by 1 p.m. on the day the lease ends.
BC Tenant Rights
Some of the rights that the BC Tenancy Act guarantees for tenants are:
- Access to the property.
- Access to essential services (which may require emergency repairs of leaks, heating, etc.).
- Quiet enjoyment (privacy, protection from unreasonable disturbances, etc.).
- Repair and maintenance in compliance with health, safety, and housing standards.
- At least two opportunities for the end-of-lease inspection.
- Protection from rent increases for at least 12 months after the last increase.
- Protection from rent increases without a 3-month notice.
The Eviction Process
The RTA also governs tenant eviction, and the process varies based on the circumstances.
For non-payment cases, the act requires a simple 10-day notice. Tenants have until the fifth day to either pay the full rent or apply for dispute resolution. Otherwise, they’re expected to vacate the property by the 10th day.
Failing to pay utilities required by the tenancy agreement, however, warrants a 30-day written notice. Once the 30 days are over, the landlord can consider the unpaid utilities a form of unpaid rent and issue a 10-day notice.
The statute also allows for a one-month for-cause eviction, with the common causes being:
- Disturbances
- Endearing the landlord or other building occupants
- Serious damage to the unit or building
- Engaging in illegal activities that affect others or the property itself
- The number of occupants in the unit exceeded the allowed maximum
- Ignoring a written warning issued by the landlord
Tenants still have the right to challenge the one-month for-cause eviction notice if they feel that it’s unfair. However, they have to do it within 10 days.
It’s also worth noting that two, three, and four-month eviction notices exist within the RTA’s guidelines. They’re focused on subsidized rent disqualification and landlords’ use, though.
The Role of the Residential Tenancy Branch
The BC Residential Tenancy Branch (RTB) is the agency that oversees and administers the RTA. It’s where you can go for forms, guides, call centre support, and even webinars on interpreting tenancy-related laws.
Plus, the RTB is responsible for handling landlord-tenant disputes since it has its own team of arbitrators, adjudicators, and facilitators.
It’s also authorized to issue legally binding decisions, such as canceling unjust eviction notices and ordering someone to repair a unit. The BC tenancy branch can give permission to change locks and withhold money from future payments as well.
And while the RTB can work with local police to investigate serious violations, it doesn’t investigate dispute cases or offer any legal advice.
It’s on you (or your legal representative) to present evidence during the hearing, and the arbitrators and adjudicators simply make decisions based on the facts.
When Disputes Move Beyond the RTB BC
The RTB doesn’t handle all tenancy-related disputes, though.
For instance, a case of discrimination in tenancy premises would actually fall into the BC Human Rights Tribunal’s lap.
Plus, the RTB only deals with disputes with monetary claims of $35,000 or less. If your dispute involves a bigger claim, you’ll have to take it to the BC Supreme Court.
Common Landlord and Tenant Disputes in BC
Late or non-payment is the leading cause for for-cause disputes and evictions. Still, it’s worth noting that at-fault evictions only make up about 15% of all evictions in BC. And on the national level, evictions due to late or non-payment account for 5.5% of all evictions.
The Tenant Resource and Advisory Centre reports that repair is the second most common issue facing tenants in BC, right after eviction. After all, much of the purpose-built rental housing in the region is aging and in need of maintenance.
Resolving Residential Tenancy Disputes
We’ve covered the RTB’s role briefly and how handling lease disputes is one of its responsibilities. To do so, it splits disputes into four main types:
- Direct Request. Written submission only.
- Facilitation. A facilitator helps, but no hearing is required.
- Participatory Hearing. Evidence is presented to an arbitrator who makes a binding decision.
- Expedited hearing. Usually scheduled within 12 days.
Once you figure out which category your dispute falls into, you can apply online using your BCeID account. You can also browse past decisions to try to figure out the likely outcome for your own dispute.
Why Choose Harbourview Law for Residential Tenancy Disputes
The BC-based Harbourview Law features a team of experienced real-estate lawyers offering a range of lease, tenant-landlord, and land-use dispute resolution services. We bring industry-specific expertise and proactive risk management to each case.
Contact us today for more information on enforcing lease terms, protecting your rights, and resolving renewal disagreements.
Landlord and Tenant Lease Disputes
Why Choose Harbourview Law Group?
Bench Strength With Real-World Experience
We bring real-world business and construction experience to every case. We understand how legal challenges impact your project or operations, so our approach is focused on resolving issues quickly, efficiently, and with your bottom line in mind.
We Minimize Downtime
Disputes are an inevitable part of doing business, but they come at a high cost in time, money, and energy. Our goal is to resolve them as quickly as possible so you can get back to what matters most: running your business.
Building Long-Term Partnerships
We’re proud of our high client retention. Many of our clients come to us after experiencing frustration with prior representation. They come to us with cases that weren’t moving forward and legal bills that kept piling up. We take a different approach: proactive communication, steady progress, and lasting partnerships built on trust and results.