Your Tenancy Agreement

Your tenancy agreement is an important step to moving in.

A. What is a tenancy agreement?

A tenancy agreement is a contract. It is a written agreement with the landlord that you sign before you move in. It sets out your landlord’s responsibilities, and your responsibilities as a renter.

It is very important that you understand what is in that agreement. Make sure you are comfortable that it is fair. A good tenancy agreement will protect your interests as well as the landlord’s.

The tenancy agreement is intended to make things clear to both of you. Tenancy agreements are not all the same, so it is important to know what you are agreeing to.

Important! Even if you do not have anything in writing, you still have rights as a renter.

There are four main things in a tenancy agreement. They are:
• how much you will pay,
• what’s included in your rent,
• what the apartment rules are, and
• what the name and address of your landlord is.

Make sure you understand what services and other things are included in your rent. Know what your rent covers and what your responsibilities are, so you do not face any surprises later.

Some tenancy agreements are written in print that is too small for many seniors to read easily. Some are written in language that may be hard to understand.

You may want to take the agreement home with you to read over carefully before you sign. Or ask the landlord to go through it with you, section by section. There is no reason to rush through this. You are going to be living there a long time, and it will save both you and the landlord money and trouble.

All tenancy agreements must comply with the law (in other words, do what the provincial laws and regulations say). Unfortunately, not all of them do. If something seems unclear or unfair to you, call the Tenant Hotline, or the Residential Tenancy Office. Ask if that particular part of a tenancy agreement is legal.

Sample tenancy agreements are available at the Residential Tenancy Office, or the Rental Owners and Managers Association. Or call the Tenant Hotline for more information.

• Get the tenancy agreement in writing. If a landlord or property manager says it isn’t necessary, the person is wrong. Not having a written agreement may cause problems.

• Get your landlord's name, address and phone number. You need to know who you are dealing with. If you are speaking with a manager or agent, get their name and phone number, too.
If they say “No” to either of these requests, you should reconsider renting from them.

• Tenant Hotline: Phone (604) 255-0546 in the Lower Mainland and 1-800-665-1185 throughout British Columbia.

• Residential Tenancy Office: Phone Enquiry BC at 1-800-663-7867, and ask to be connected to your closest Residential Tenancy Office.
• Seniors Housing Information Program: Phone (604) 520-6621
• BC Housing Program and Information Line: Phone 1-800- 257-7756

B. What can a landlord ask about your income?

For subsidized rental housing, the landlord will ask for proof of your income. This is because the amount of rent that you pay is based on how much your yearly income is.

If you are not applying for subsidized rent, a landlord should not ask about your income. If a landlord does ask, you may want to say “Sorry, I do not give out that information to people.” Where you get your money and how much you receive really shouldn’t matter, so long as you can pay the rent.

A landlord can ask you for credit references and other references to find out if you will be a good tenant.

As a renter, you have the right to:
• privacy,
• reasonable safety and security,
• freedom from threats, intimidation or harassment, and
• confidentiality.

C. How should a landlord protect your information?

No landlord should let other people know any personal information that you provide. This is good business practice.

Apartment buildings run by a non-profit housing society or by BC Housing have special legal responsibilities. They must keep all your personal information private. That means that certain staff and the directors are the only people who should see the private information you have given.

Esther’s Story

No one likes a gossip. Esther was very upset when the apartment handyman told her that he knew how much she paid in rent.

The handyman and building manager are friends. Esther thought that the manager said something to the handyman. She wrote to the Housing Society board letting them know about the problem.

They looked into the matter, and found out the manager had let it slip. They told him that was wrong. He now has clear rules letting him know that he should keep all tenant information private.

D. When should you sign a lease?

Many people want to rent from month to month. Others decide to rent a place for a certain length of time, such as six months or one year. This is called a “lease”. Some people call it a fixed-term tenancy agreement.

Only sign a lease if you are very sure you want to live in the place for that length of time. If you sign a lease and do not move in, it will cost you money. Also, some leases say you must pay a penalty (extra money) to the landlord if you want to leave before your lease is over. It can be very costly for you to break the lease.

E. What is a security deposit?

After you and the landlord agree that you will rent the place, a landlord may ask you to pay a “security deposit”. This is the only time a landlord can ask you for a security deposit.

A security deposit is intended to cover any damage that you or your visitors might cause, or if you leave without paying the rent or utilities for which you were responsible.

A landlord can only ask for up to one half of a month’s rent as a security deposit.
Not all landlords will ask for a security deposit. For example, many non-profit housing buildings do not require a tenant to pay a security deposit.

You are entitled to get back your security deposit with interest when you move. The only exception is if the landlord has made a claim for an arbitration hearing to keep part or all of the deposit (see the section on Moving On, page 42).

A landlord cannot charge you any extra money as a deposit or payment when you first start renting. For example, the landlord could not charge you extra for:

• a credit search or credit bureau check,
• your pet,
• cleaning the carpet before you move in,
• the last month’s rent,
• a deposit for extra keys,
• money for additional occupants, or
• a furniture deposit if you are getting a furnished suite.

• give post-dated cheques for rent,
• sign blank rent cheques as a form of security, or
• use direct payment (automatic transfer of money from your bank account).

Sometimes you may want to give post-dated cheques or use direct payment for your own convenience, but you do not have to.

It is a good idea to avoid paying your security deposit or rent in cash. If you do pay in cash, get a receipt right away.

Things to Remember

• You can only be asked for a security deposit before you move in.
• It can be no more than one half of a month’s rent.
• You cannot be asked for extra money for having a pet.

F. How can you make your tenancy agreement clear?

Make sure that you have a written tenancy agreement. Make sure that it says what you and your landlord agreed to do. If you do not put it in writing, it is much harder to show that it was part of the agreement.

You and the landlord may agree to something different than what the agreement says. Ask your landlord to cross out any parts of the agreement you want changed. Always make sure both you and your landlord:

• put your initials beside any changes to the agreement, and
• sign and date the agreement.

Harry’s Story

When Harry decided to rent a house, he told the landlord about his cat. Harry noticed the tenancy agreement had a "no pets allowed” clause. The landlord said that a cat would be okay. To make everything clear, Harry asked the landlord to cross off the section. Harry and the landlord each put their initials beside the change.

Why is this so important? There are many reasons.

Sometimes a landlord or a renter forgets. Also, landlords can change and buildings can be sold. The building manager or other person you are dealing with now may move on to a different job. Also, if you run into a problem and have a family member or friend helping you, it makes things much easier for them.

Make sure you get a copy of the agreement from the landlord right away. That way, if there are any misunderstandings, you will have proof of what you and the landlord agreed to do. A landlord must give you a copy of your written agreement within 21 days of your signing it. You are entitled to ask for this.

Getting everything in writing is in everyone’s best interest. If it feels uncomfortable asking, reassure your landlord that you only want to have things clear and save everyone trouble.

Things to Remember

• Ask your landlord for a written agreement.
• Get everything in writing.
• Initial any changes.
• Have the agreement signed.
• Get a copy.

G. Why might your landlord want a contact for emergencies?

Many landlords ask for the name of an emergency contact when they first rent to you. This is to be used if there is a serious problem (for example, you have a bad fall and break your hip, become ill, are hospitalized, or die).

If you do not wish to give a contact, you may prefer to leave the information on your refrigerator or another obvious place. Tell the landlord where to find the information if there is an emergency.