Landlord & Tenant Frequently Asked Questions

http://www.rto.gov.bc.ca/documents/Guides/ACT_English.pdf us this web site to

answer the following questions.

What is a security deposit?

A security deposit is a sum of money or other value given to the landlord, that is in addition to the rent
paid in respect of the residential premises, and is held as security for the performance of an obligation
or a liability of the tenant

Must a landlord provide a receipt for a security deposit?

A landlord shall give the tenant a written receipt stating the amount of the deposit, the date of
payment, and the premises to which it applies.

Does a landlord have to pay interest on a security deposit?

When a security deposit is refunded to a tenant, a landlord shall also pay interest on the security
deposit for the entire period the landlord has had the security deposit.

How much can be charged for a security deposit?

If the premises are rented from week to week, the deposit cannot be greater than the first two weeks
rent, for a monthly rental agreement, it must not exceed three-quarters of the first months rent, where
the premises are rented for a fixed term of 6 to 12 months, the deposit cannot exceed three quarters of
the first months rent if the rent was proportioned to a monthly payment.

How much time does a landlord have to return a security deposit after the tenant
moves out?
The landlord shall return the security deposit to the tenant within 15 days after the tenant vacates,
unless the landlord has a claim for all or a portion of the security deposit.

What is a rental agreement?

The Residential Tenancies Act refers to a landlord and tenant relationship as a rental agreement. The
agreement can be oral or written and is a legal binding contract between the parties.

What are the types of rental agreements?

Week to week, month to month or a fixed term of not less than 6 months and not more than 12 months

Must a landlord give a copy of a signed rental agreement to the tenant?

Yes, the landlord shall give the tenant a duplicate copy of the Rental Agreement within 10 days after
the date of signing by all parties.

Must a landlord give a tenant a copy of the Residential Tenancies Act?

Yes, Under Section 5 and 6 of the Residential Tenancies Act, a landlord has to provide a copy of the Act,
without cost, to the tenant, upon entering into a rental agreement.

What is a Rental Premises Condition Report form?

The Rental Premises Condition Report is completed, signed and dated by the tenant and landlord to
show the condition of the residential premises at the beginning and end of the rental agreement.

Does the Residential Tenancies Act apply to a verbal rental agreement?

Yes, the Act applies to a verbal rental agreement.

Can a landlord request post dated cheques for rent payments?

Yes, the landlord can request post dated cheques.

Are there residential premises not covered by the Act?

There are certain premises which do not come under the Act, such as accommodations: where meals
and bed linens are provided; where the owner shares bathroom and kitchen facilities with an occupant,
as in a boarding home; provided by an educational institution to its students (including units owned by
Memorial University of Newfoundland); provided by religious, charitable or non-profit organizations; in
a hospital or nursing home and occupied on a transient basis provided in a hotel, motel, inn, tourist
home or hostel.

Does the Act apply to business/commercial rental agreements?

No, the Act does not apply to this type of landlord-tenant relationship.

Is a tenant responsible to have insurance on his/her personal belongings?

Yes, a tenant is responsible to carry insurance on his/her personal belongings. A tenant's personal
belongings are not covered by insurance the landlord may have on the residential premises.

When a rented premises is sold to a new owner, does the rental agreement
continue?
Yes, the Rental Agreement continues as if there was no change in ownership, however a foreclosure
may result in an exception.

What happens to a security deposit when there is a change in ownership?

The new owner will be responsible for the security deposit.

Can a landlord charge a fee for late payment of rent?

Yes, the landlord can charge $5.00 for the first day the rent is late and $2.00 for each additional day
the rent is not paid up to a maximum of $75.00.

Can a landlord charge a fee if a tenant's rent cheque is returned because of non
sufficient funds (N.S.F.) in the tenant's account?
If a rent cheque is returned N.S.F., a landlord may charge a fee not greater than $25.00.

Can a tenant withhold rent because a landlord is not maintaining the premises?
No, not paying the rent may result in the landlord serving a short Termination Notice
(8 KB). The
tenant has other options to have a landlord carry out required maintenance work. The tenant should
contact the landlord in writing outlining the maintenance work required. If the landlord does not then
carry out requested maintenance work, or if any work carried out is not satisfactory the tenant may
contact the Division for assistance.

Can a landlord terminate a rental agreement when the tenant does not pay rent?
Yes, a landlord can give a short Termination Notice when the rent is not paid.

Can a landlord increase rent by giving a verbal notice to the tenant?

No, a landlord must give the tenant a written notice to increase the rent.

Can a landlord increase rent anytime?

A landlord cannot increase the rent during any fixed term rental agreement or during the first 12
months of a week to week or month to month rental agreement.

Is a tenant responsible for damages to the residential premises?

A tenant is responsible to repair damages where the tenant or one of the tenant's guests or visitors
caused the damages.

What can a landlord do if a tenant has not repaired damages?

A landlord can request in writing a tenant to repair damages. If the tenant fails to do the repairs within
3 days, or a reasonable time, if appropriate, then a landlord can give a tenant a written Termination
Notice of not less than 5 days.

Can a termination notice be verbal?

No, a termination notice must be in writing.

Where can I get a copy of the Residential Tenancies Act?

Official copies of the Act can be purchased for $5.25 (including tax) at the Government Service Centres.

If a landlord gives a tenant a Termination Notice in writing, is the tenant required to

give a written notice of his departure?
Yes, All notices of termination by a landlord will also require a written notice from a tenant when he is
leaving, otherwise rent is payable to effective date of termination.