Care of the Place

A. What are your landlord’s responsibilities?


1. Care of the building

One of your landlord’s main responsibilities is taking care of the building, inside and out. Among other things, taking care means that there should be good lighting in elevators, hallways, stairwells and parking lots so that people are safe and do not hurt themselves.

Your landlord is responsible for taking care of and repairing the:
 

• heating
• plumbing
• electricity
• intercoms
• elevators
• locks
• walls, floors and ceilings (including water leaks or holes)
• fire doors and fire escapes.

Anything included in your rent must also be kept in good shape by your landlord. For example, your landlord is responsible for repairing:
 

• the ‘fridge and stove
• the laundry facilities
• furniture included in your rent
• garage and storage sheds.

Often, there are city or town bylaws that landlords must follow regarding matters such as removing snow from sidewalks and steps.
 

Rule of Thumb: If it creates noise or poses a danger or a threat to tenants, there is probably a town or city bylaw or regulation against it.
 

Ask your landlord to take care of a needed repair. Put it in writing. If that does not work, contact the Tenants Hotline for more suggestions about getting your landlord to fulfill his or her responsibilities. However, do not stop paying your rent if there is a problem.


2. Not to charge for extras

Many landlords and building managers occasionally do “little things” for senior renters in their apartments as personal favours. For example, Fred helps a frail 85 year old renter who needs the burned-out light bulb in his bathroom replaced. If it is a personal favour, the person probably is not expecting anything other than a “thank you”.
 

However, you may wonder, can a building manager ask you to pay? Or what if you feel obligated or pressured to pay something?
 

Some buildings have rules for their managers or other staff about asking for money or accepting cash gifts. Ask if your building has this rule.
 

If the landlord or manager has rules requiring people to pay, this might be considered a hidden charge. You may want to take this to Arbitration.
 

Or you may want to talk with other people in your building. Ask them:
 

• What are some ways we do not need to rely on the building staff?
• Is there is a way that we as tenants can help each other with these little chores that might otherwise create a safety problem for a particular senior?
• Do you know any community services that might be willing to help us from time to time?
Often people come up with many creative solutions.

 

3. Maintain services and facilities

Under the landlord and tenants’ law in British Columbia, if your landlord has promised in the tenancy agreement to provide you with a particular service (for example, laundry machines, parking, or cablevision at no charge), the landlord must continue providing it.
 

Even if it is a service that is not written in the agreement, the landlord cannot simply stop providing it, if it is reasonably related to your use and enjoyment of the premises.
 

If this happens, you can ask the landlord for a rent reduction for the lost services or go to Arbitration to have your rent reduced (see page 36). A group of tenants experiencing the same problem can apply for Arbitration together if they want.
 

Dan’s Story:
When Dan moved into his apartment three years ago, the tenancy agreement that he signed stated cable was included in his rent.
 

Now the owners have told him and the other tenants that they must start paying for the cable themselves.
 

Dan has learned that the owners cannot legally do that because this is a hidden rent increase.
He and several other tenants in the building in the same situation went to Arbitration, and successfully fought it. Cable will continue to be included in their rent.
 

Note: Meal plans are not one of the services that are covered under the rental law at present. However, a lawyer or other legal services person could help you find out what your legal rights are if you are going to lose a major service like this.


B. What are your responsibilities as a tenant?


1. Repair damage, versus “reasonable wear and tear”

As a tenant, you are generally required to pay for repairing any damage caused by you or your guests. It does not matter if:
• it was an accident,
• it was not done deliberately, or
• it was the result of not being careful.

However, not everything that breaks is damage. All things wear out eventually with normal use. You are not responsible for what is referred to as “reasonable wear and tear”.
Consider whether there has been more than “reasonable wear and tear” in your place,

Think about:

• How old were the appliances or other furnishings, carpeting etc. when you moved in? (Ask when you move in.)

a. What was the condition of these things when you moved in?
b. What quality were they?

• Have they been replaced while you lived there, and if so, when?
• Were the walls painted before you moved in (and have they been painted since)?
• How long have you lived there? (Refer to your tenancy agreement.)

What is reasonable in a suite or home may be a bit different if you are a senior and use a walker or a wheelchair, compared to a tenant who does not. Bumps to wall corners are usually considered “reasonable wear and tear”. Often a landlord can inexpensively put in painted corner guards to prevent damage.
 

If you have deliberately caused damage or if you have been careless in the suite, you may be responsible for the costs of repairs. Otherwise, you are not.


2. Hang pictures with care

Most tenants will put up pictures in their unit. A landlord cannot say “no pictures allowed”. However, the landlord can set rules as to how you can hang pictures. For example, a landlord could say, “Please, use only picture hooks” or “do not use adhesive hangers”. Ask your landlord first.
If you follow the landlord's reasonable instructions about how to hang and remove things like pictures, mirrors, wall hangings, and ceiling hooks, it is not considered damage. You are not responsible for filling the small holes a picture hanger makes or the cost of doing so.


3. Keep the suite clean

You are required to keep your suite or home clean, and the landlord is required to keep the building and grounds clean. If you are renting a home, the landlord and you will need to agree who is responsible for what parts of the outside work.

According to the law, the place being rented must be kept up to “ordinary health, cleanliness and sanitary standards". Those aren’t necessarily your standards, or your landlord’s, but what a reasonable person would expect.
 

If there are pests (for example, rodents or crawling insects) coming into your rented home or suite, it is very important to let the landlord know so that the problem can be fixed. Pests can seriously affect your health and cause problems for your neighbours as well.
 

If the problem is not solved in a reasonable time, and you are still concerned, you can call your local health inspector. (See “Pests” in the Community Resources at the end of the booklet, page 51)
 

As a tenant, you have a responsibility to take care of your apartment or rented home and keep it reasonably clean. That can be difficult for some people as they get older if their health is failing.
If this is happening for you, find out if there are any resources in your community to help you with the cleaning (see Local Health Authority, page 50). Or if you are not eligible for those services, perhaps you might be interested in sharing the costs of hiring a cleaning person with other senior tenants in the building.


4. Control your pet

As many seniors who are renting know, having a pet can be very enjoyable. It can also be good for a senior’s physical and mental health, and make life feel more worthwhile.
 

In British Columbia, landlords have the right to control whether they will permit pets to live in the building.
 

Some managers and landlords are flexible. Others have a “no pets” rule that they strictly enforce.
It is always a good idea for you and the landlord to write down and sign an agreement that pets are acceptable or a certain pet is acceptable (especially if there is a “no pets” clause in your tenancy agreement).
 

What if you have a “no pets” clause in your tenancy agreement and your landlord is beginning to enforce this? You may want to take the matter to arbitration (see the section on Arbitration, page 36) rather than just getting rid of your pet. Some renters have been allowed to keep their pets. Others have not.
 

Eloise’s Story:
 

When Eloise moved into her apartment building, she signed a tenancy agreement that said “No pets”. After Eloise’s husband died, Eloise’s daughter gave her a small dog to keep her from being so lonely. The building manager has not said anything yet, but Eloise is worried.
 

She has talked about this with a few other tenants in the building who have pets. Some decided to keep silent and do nothing. Another group has decided to take the matter to arbitration. They don’t know if they will win, but they say at least they will feel more certain, so they can plan whether to stay there or move.
 

Usually if a rule about pets is too broad, for example, it just says "no animals", it may not be reasonable and therefore not enforceable.
 

Important: Whether or not there is a rule about pets in your tenancy agreement, you are responsible for your pet’s behaviour and actions.

Your landlord can also make reasonable rules about pets such as:
• Please keep dogs on leashes at all times.
• Please clean up after your pet.
• Please use only this elevator for pets.
• Please give us the name of someone who could look after your pet in case of emergency.

If your pet causes “extraordinary damage”, unreasonably disturbs other tenants or neighbours, or threatens other people’s safety, you may be given a notice to end the tenancy (which is basically an eviction notice).
 

Also please note, a guide dog or special assistance dog is not considered a pet. They are permitted to live on the premises. Your landlord cannot add additional terms into the tenancy agreement about your guide dog or special assistance dog.


5. Abide by apartment rules and policies

Many buildings and tenancy agreements will have rules that tenants agree to follow to protect the property and make life comfortable for all the tenants. Rules often help make sure people remember to respect each others’ needs.

Many places will have common sense reminders for people’s general safety, such as:
• Please do not allow people that you do not know to enter the building.
• Please check to see who is at the door before you answer your bell or open the door.

There are many reasonable rules that senior renters may experience, as well as the occasional bad ones. Rules should always be reasonable. For example, it would probably be unreasonable for a landlord to tell a tenant to:
• turn down the heat in the apartment,
• not flush the toilet after 9 p.m.

Plus, the rule cannot be against tenancy laws or other laws. A rule that “the landlord can enter the suite at any time” would be illegal.
 

A polite request from a landlord to tenants generally to do something (or not do something) is usually fine. For example, a landlord might say “Please do not throw cigarette butts off the balcony because they can land on another person’s balcony and damage their furniture or cause a fire.”


With any rental rule, consider:

• What is the reason behind the rule?
• Is it intended to make the place better for all tenants?
• Does it help keep the staff safe?
• Is the rule intended to protect the owner’s property?
 

Did the landlord create the rule to deal with a particular problem that has occurred? Can you suggest a better way of dealing with the problem? Some bigger apartment buildings have a tenants’ council, where you can bring the problem to their attention. They may be able to suggest a solution or help you work it out with the landlord.


6. Understand your rights when ownership changes

Even if the owner of the building has changed, your signed original tenancy agreement is still good.
Be careful if you are asked to sign a new tenancy agreement, or if you are asked to sign a written agreement to replace your spoken agreement. You may lose some important rights if you do. Call the Tenants’ Hotline.

Before you sign any new agreement, read it carefully. Compare the old one with the new one.
If you are not sure what you are being asked to sign, look for help. A seniors’ centre might have a lawyer or legal information person to help you. A tenants’ rights group may be able to help too. Or ask someone knowledgeable in your family.

 
Remember, no one can force you to sign a new agreement. You are still covered by your old agreement. The landlord cannot evict you because you decide not to sign.
 

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