Fillable Printable Residential Tenancy Agreement - British Columbia

Residential Tenancy Agreement - British Columbia

page 1 of 6 pages

Residential

Tenancy Agreement

Important Notes: #RTB–1

The Residential Tenancy

Branch

(RT

) is of the opinion that this Residential Tenancy Agreement accurately reflects the Residential Tenancy Act (RTA)

and accompanying regulations. The RT

makes no representations or warranties regarding the use of this Agreement. A landlord and tenant may

wish to obtain independent advice regarding whether this agreement satisfies their own personal or business needs. For the rental of a manufactured

home and a manufactured home site under a single tenancy agreement, use this agreement form. For the rental of a manufactured home site use the

Manufactured Home Site Tenancy Agreement.

The words

tenant

and

landlord

in this tenancy agreement have the same meaning as in the RTA, and the singular of these

words includes the plural. In this tenancy agreement, the words

residential property

the same meaning as in the RTA

Residential property

means a building,

a part of a building

or related group of buildings, in which one or more rental units or common areas are located; the parcel or

parcels

on which the building, related group of buildings or common areas are located; the rental unit and common areas and any other structure

located on the

parcel or parcels.

RESIDENTIAL TENANCY AGREEMENT between:

(use full, correct legal names)

the LANDLORD(S):

(if entry for landlord is a business name, use the ’last name’ field box to enter the full legal business name)

HOW TO COMPLETE THIS FORM ELECTRONICALLY:

If you are accessing this agreement form from the B.C. Government Web site, it can be

printed and completed by hand (

print clearly, using dark ink)

or filled out while at the computer workstation—simply type your responses in the boxes. If

you cannot complete all the sections at the computer right away, you can print off what you have completed and fill in the remaining fields by hand. Note,

you

cannot save

the completed form to your computer, therefore, after you complete the form, make sure you review the form for accuracy and print the

number of copies you require

before

you leave the document or shut down the program/computer.

ADDRESS OF PLACE BEING RENTED TO TENANT(s)

(called the ‘

rental unit

’ in this agreement)

unit address

city

province postal code

ADDRESS FOR SERVICE of the

landlord

landlord’s agent:

unit address

city

province postal code

daytime phone number other phone number fax number for service

last name

first and middle name(s)

last name

first and middle name(s)

last name

first and middle name(s)

Residential Tenancy Branch

Office of Housing and Construction Standards

#RTB-1 (2014/11)

and the TENANT(S):

B.C.

last name

first and middle name(s)

IF ADDITIONAL SPACE IS REQUIRED TO LIST ALL PARTIES, complete and attach Schedule of Parties (#RTB-26)

RTB-26 used & attached

page 2 of 6 pages

1. APPLICATION OF THE RESIDENTIAL TENANCY ACT

1) The terms of this tenancy agreement and any changes or additions to the terms may not contradict or change any

right or obligation under the Residential Tenancy Act or a regulation made under that Act, or any standard terms.

If a term of this tenancy agreement does contradict or change such a right, obligation or standard term, the term of

the tenancy agreement is void.

2) Any change or addition to this tenancy agreement must be agreed to in writing and initialed by both the landlord

and the tenant. If a change is not agreed to in writing, is not initialed by both the landlord and the tenant or is

unconscionable, it is not enforceable.

3) The requirement for agreement under subsection (2) does not apply to:

a) a rent increase given in accordance with the Residential Tenancy Act,

b) a withdrawal of, or a restriction on, a service or facility in accordance with the Residential Tenancy Act, or

a term in respect of which a landlord or tenant has obtained an

arbitrator's

order that the

agreement of the

other is not required.

2. LENGTH OF TENANCY

(please fill in the dates and times in the spaces provided)

This tenancy starts on:

day month year

Length of tenancy:

(please check a, b or c and provide additional information as requested)

This tenancy is:

on a month-to-month basis

for a fixed length of time

ending on

length of time

day month year

At the end of this fixed length of time

(please check one option, i or ii)

i) the tenancy may continue on a month-to-month basis or

another fixed length of time

ii) the tenancy ends and the tenant must move out of the residential unit

If you choose this option, both the landlord and tenant must initial in the boxes

to the right.

other periodic tenancy as indicated below:

weekly

bi-weekly

other:

3. RENT

(please fill in the information in the spaces provided)

Payment of Rent:

The tenant will pay the rent of $ each

(check one)

day

week

month to the landlord on

the first day of the rental period which falls on the

(due date, e.g., 1st, 2nd, 3rd, .... 31st)

day of each

(check one)

day

week

month subject to rent increases given in accordance with the RTA.

The tenant must pay the rent on time. If the rent is late, the landlord may issue a Notice to End Tenancy to the

tenant, which may take effect not earlier than 10 days after the date the notice is given.

What is included in the rent:

(Check only those that are included and provide additional information, if needed.)

The landlord must not terminate, or restrict a service or facility that is essential to the tenant’s use of the rental unit

as living accommodation, or that is a material term of the tenancy agreement.

Water

Stove and Oven

Window Coverings

Storage

Electricity

Dishwasher

Cablevision

Garbage Collection

Heat

Refrigerator

Laundry (free)

Parking for vehicle(s)

Furniture

Carpets

Sheets and Towels

Other:

Additional Information:

Landlord’s

Initials

Tenant’s

Initials

#RTB-1

page 3 of 6 pages

4. SECURITY DEPOSIT AND PET DAMAGE DEPOSIT

A. Security Deposits

The tenant

is required to pay

a security deposit of $

day month year

B. Pet Damage Deposit

not applicable

The tenant is

required to pay

a pet damage deposit of $

day month year

1) The landlord agrees

a) that the security deposit and pet damage deposit must each not exceed one half of the monthly rent payable

for the residential property,

b) to keep the security deposit and pet damage deposit during the tenancy and pay interest on it in accordance

with the regulation, and

to repay the security deposit and pet damage deposit and interest to the tenant within 15 days of the end of

the tenancy agreement, unless

the tenant agrees in writing to allow the landlord to keep an amount as payment for unpaid rent

or damage, or

ii)

the landlord applies for

dispute resolution

under the Residential Tenancy Act within 15 days of the end

of the tenancy agreement to claim some or all of the security deposit or pet damage deposit.

2) The 15 day period starts on the later of

a) the date the tenancy ends, or

b) the date the landlord receives the tenant's forwarding address in writing.

3) If a landlord does not comply with subsection (1), the landlord

a) may not make a claim against the security deposit or pet damage deposit, and

b) must pay the tenant double the amount of the security deposit, pet damage deposit, or both.

4) The tenant may agree to use the security deposit and interest as rent only if the landlord gives written consent.

5. PETS

Any term in this tenancy agreement that prohibits, or

restricts the size of, a pet or that governs the tenant's

obligations regarding the keeping of a pet on the

residential property is subject to the rights and

restrictions under the Guide Animal Act.

6. CONDITION INSPECTIONS

1) In accordance with sections 23 and 35 of the Act

[condition inspections] and Part 3 of the regulation

[condition inspections], the landlord and tenant must

inspect the condition of the rental unit together

a) when the tenant is entitled to possession,

b) when the tenant starts keeping a pet during the

tenancy, if a condition inspection was not

completed at the start of the tenancy, and

at the end of the tenancy.

2) The landlord and tenant may agree on a different

day for the condition inspection.

3) The right of the tenant or the landlord to claim

against a security deposit or a pet damage deposit,

or both, for damage to residential property is

extinguished if that party does not comply with

section 24 and 36 of the Residential Tenancy Act

[consequences if report requirements not met].

7. PAYMENT OF RENT

1) The tenant must pay the rent on time, unless the

tenant is permitted under the Act to deduct from

the rent. If the rent is unpaid, the landlord may

issue a notice to end a tenancy to the tenant,

which may take effect not earlier than 10 days after

the date the tenant receives the notice.

2) The landlord must not take away or make the ten-

ant pay extra for a service or facility that is already

included in the rent, unless a reduction is made

under section 27 (2) of the Act.

3) The landlord must give the tenant a receipt for rent

paid in cash.

4) The landlord must return to the tenant on or before

the last day of the tenancy any post-dated cheques

for rent that remain in the possession of the land-

lord. If the landlord does not have a forwarding

address for the tenant and the tenant has vacated

the premises without notice to the landlord, the

landlord must forward any post-dated cheques for

rent to the tenant when the tenant provides a for-

warding address in writing.

#RTB-1

page 4 of 6 pages

8. RENT INCREASE

1) Once a year the landlord may increase the rent for

the existing tenant. The landlord may only increase

the rent 12 months after the date that the existing

rent was established with the tenant or 12 months

after the date of the last legal rent increase for the

tenant, even if there is a new landlord or a new

tenant by way of an assignment. The landlord must

use the approved Notice of Rent Increase form

available from any Residential Tenancy Branch office

or Service BC office.

2) A landlord must give a tenant 3 whole months

notice, in writing, of a rent increase. [For example,

if the rent is due on the 1st of the month and the

tenant is given notice any time in January, including

January 1st, there must be 3 whole months before

the increase begins. In this example, the months

are February, March and April, so the increase

would begin on May 1st.]

3) The landlord may increase the rent only in the

amount set out by the regulation. If the tenant

thinks the rent increase is more than is allowed by

the regulation, the tenant may talk to the landlord or

contact the Residential Tenancy

Branch

for

assistance.

4) Either the landlord or the tenant may obtain the

percentage amount prescribed for a rent increase

from

the Residential Tenancy

Branch

9. ASSIGN OR SUBLET

1) The tenant may assign or sublet the rental unit to

another person with the written consent of the

landlord. If this tenancy agreement is for a fixed

length

of 6 months or more, the landlord must not

unreasonably withhold consent. Under an

assignment a

new tenant must assume all of the

rights and obligations under the existing tenancy

agreement, at

the same rent. The landlord must not

charge a fee

or receive a benefit, directly or

indirectly, for giving

this consent.

2) If a landlord unreasonably withholds consent to

assign or sublet or charges a fee, the tenant may

apply for

dispute resolu

tion under the Residential

Tenancy

Act.

10. REPAIRS

1) Landlord's obligations:

a) The landlord must provide and maintain the

residential property in a reasonable state of

decoration and repair, suitable for occupation

by a tenant. The landlord must comply with

health, safety and housing standards required

by law.

b) If the landlord is required to make a repair to

comply with the above obligations, the tenant

may discuss it with the landlord. If the landlord

refuses to make the repair, the tenant may

seek an

arbitrator's

order under the

Residential Tenancy Act for the completion

and

costs of the repair.

2) Tenant's obligations:

a) The tenant must maintain reasonable health,

cleanliness and sanitary standards throughout

the rental unit and the other residential

property to which the tenant has access. The

tenant must take the necessary steps to repair

damage to the residential property caused by

the actions or neglect of the tenant or a person

permitted on the residential property by the

tenant. The tenant is not responsible for

reasonable wear and tear to the residential

property.

b) If the tenant does not comply with the above

obligations within a reasonable time, the

landlord may discuss the matter with the

tenant and may seek a monetary order

through

dispute resolu

tion under the

Residential

Tenancy Act for the cost of repairs,

serve a

notice to end

tenancy, or both.

3) Emergency Repairs:

a) The landlord must post and maintain in a

conspicuous place on the residential property,

or give to the tenant in writing, the name and

telephone number of the designated contact

person for emergency repairs.

b) If emergency repairs are required, the tenant

must make at least two attempts to telephone

the designated contact person, and then give

the landlord reasonable time to complete the

repairs.

If the emergency repairs are still required, the

tenant may undertake the repairs, and claim

reimbursement from the landlord, provided a

statement of account and receipts are given to

the landlord. If the landlord does not reimburse

the tenant as required, the tenant may deduct

the cost from rent. The landlord may take over

completion of the emergency repairs at any

time.

d) Emergency repairs must be urgent and

necessary for the health and safety of persons

or preservation or use of the residential

property and are limited to repairing

major leaks in pipes or the roof,

ii)

damaged or blocked water or sewer

pipes or plumbing fixtures,

iii)

the primary heating system,

iv)

damaged or defective locks that give

access to a rental unit, or

the electrical systems.

#RTB-1

page 5 of 6 pages

the landlord is providing housekeeping or related

services and the entry is for that purpose and at

a reasonable time.

3) The landlord may inspect the rental unit monthly in

accordance with subsection (2) (a).

4) If a landlord enters or is likely to enter the rental unit

illegally, the tenant may apply for an

arbitrator's

order under the Residential Tenancy Act, to

change the

locks, keys or other means of access to

the rental

unit and prohibit the landlord from obtaining

entry

into the rental unit. At the end of the tenancy,

the

tenant must give the key to the rental unit to the

landlord.

14. ENDING THE TENANCY

1) The tenant may end a monthly, weekly or other

periodic tenancy by giving the landlord at least one

month's written notice. A notice given the day before

the rent is due in a given month ends the tenancy at

the end of the following month. [For example, if the

tenant wants to move at the end of May, the tenant

must make sure the landlord receives written notice

on or before April 30th.]

2) This notice must be in writing and must

a) include the address of the rental unit,

b) include the date the tenancy is to end,

be signed and dated by the tenant, and

d) include the specific grounds for ending the

tenancy, if the tenant is ending a tenancy

because the landlord has breached a material

term of the tenancy.

3) If this is a fixed term tenancy and the agreement

does not require the tenant to vacate at the end of

the tenancy, the agreement is renewed as a monthly

tenancy on the same terms until the tenant gives

notice to end a tenancy as required under the

Residential Tenancy Act.

4) The landlord may end the tenancy only for the

reasons and only in the manner set out in the

Residential Tenancy Act and the landlord must use

the approved notice to end a tenancy form available

from the Residential Tenancy Branch.

5) The landlord and tenant may mutually agree in

writing to end this tenancy agreement at any time.

6) The tenant must vacate the residential property by

1 p.m. on the day the tenancy ends, unless the

landlord and tenant otherwise agree.

15. LANDLORD TO GIVE TENANCY

AGREEMENT TO TENANT

The landlord must give the tenant a copy of this

agreement promptly, and in any event within 21 days of

entering into the agreement.

16. RESOLUTION OF DISPUTES

Either the tenant or the landlord has the right to apply

for

dispute resolu

tion to resolve a dispute, as provided

under

the Residential Tenancy Act.

11. OCCUPANTS AND GUESTS

1) The landlord must not stop the tenant from having

guests under reasonable circumstances in the

rental unit.

2) The landlord must not impose restrictions on

guests and must not require or accept any extra

charge for daytime visits or overnight

accommodation of guests.

3) If the number of occupants in the rental unit is

unreasonable, the landlord may discuss the issue

with the tenant and may serve a notice to end a

tenancy. Disputes regarding the notice may be

resolved through

dispute resolu

tion under the

Residential

Tenancy Act.

12. LOCKS

1) The landlord must not change locks or other

means of access to residential property unless

the landlord provides each tenant with new keys

or other means of access to the residential

property.

2) The landlord must not change locks or other

means of access to a rental unit unless the tenant

agrees and is given new keys.

3) The tenant must not change locks or other means

of access to

a) common areas of residential property, unless

the landlord consents to the change, or

b) his or her rental unit, unless the landlord

consents

in writing

to, or an

arbitrator

has ordered, the change.

13. LANDLORD’S ENTRY INTO

RENTAL UNIT

1) For the duration of this tenancy agreement, the

rental unit is the tenant's home and the tenant is

entitled to quiet enjoyment, reasonable privacy,

freedom from unreasonable disturbance, and

exclusive use of the rental unit.

2) The landlord may enter the rental unit only if one

of the following applies:

a) at least 24 hours and not more than 30 days

before the entry, the landlord gives the tenant

a written notice which states

the purpose for entering, which must be

reasonable, and

ii)

the date and the time of the entry, which

must be between 8 a.m. and 9 p.m.

unless the tenant agrees otherwise;

b) there is an emergency and the entry is

necessary to protect life or property;

the tenant gives the landlord permission to

enter at the time of entry or not more than 30

days before the entry;

d) the tenant has abandoned the rental unit;

e) the landlord has an order of an arbitraor

or court saying the landlord may enter the rental

unit;

#RTB-1

page 6 of 6 pages

General Information about Residential Tenancy Agreements

Important Legal Document

– This tenancy agreement is an important legal document. Keep it in a safe place.

Additional Terms

– Any additional terms cannot contradict or change any right or duty under the RTA or this tenancy agreement.

Amendment of the RTA

– The RTA or a regulation made under the RTA, as amended from time to time, take

priority over the terms

of this tenancy agreement.

Condition Report

– The landlord and tenant are required to inspect the residential unit together at the beginning and end of the

tenancy and complete a written condition report. If the landlord allows the tenant to have a pet after the start of the tenancy, an

inspection

report must be done on the day the tenant starts keeping a pet or on another day mutually agreed to by the landlord and

tenant, unless

the tenancy started on or after January 1, 2004, and a condition inspection report was completed at that time. A report

may describe

any damage, how clean each room is, and the general condition of the residential unit including: the floors, carpets,

appliances, and

paint on the walls. The report must be signed and dated by both the landlord and the tenant who made the inspection,

and each

should keep a copy.

Change of Landlord

– A new landlord has the same rights and duties as the previous one and must follow all the terms of this

agreement unless the tenant and new landlord agree to other terms.

Resolution of Disputes

– If problems or disagreements arise, the landlord and tenant should try to talk to each other to find a solution.

If they still cannot agree, either may contact the Residential Tenancy

Branch

for clarification of their rights and responsibilities or an

intervention.

If no agreement is reached, a landlord or a tenant may apply for a

dispute resolu

tion to get a decision. Many, but not all,

kinds of disagreements can be decided by

dispute resolu

tion.

17. ADDITIONAL TERMS

a) Write down any additional terms which the tenant and the landlord agree to. Additional terms may cover matters

such as pets, yard work, smoking and snow removal. Additional pages may be added.

b) Any addition to this tenancy agreement must comply with the Residential Tenancy Act and regulations, and must

clearly communicate the rights and obligations under it. If a term does not meet these requirements, or is

unconscionable, the term is not enforceable.

c) Attached to this tenancy agreement, there

is not

an Addendum

If there is an Addendum attached

, provide the following information on the Addendum that forms part of this

tenancy agreement:

Number of pages of the Addendum:

Number of additional terms in the Addendum:

By signing this tenancy agreement, the landlord and the tenant are bound by its terms.

LANDLORD(S):

(if entry for landlord is a business name, use the ’last name’ field box to enter the full legal business name)

last name

first and middle name(s)

last name

first and middle name(s)

Signature:

Date:

Signature:

Date:

TENANT(S):

last name

first and middle name(s)

last name

first and middle name(s)

Signature:

Date:

Signature:

Date:

FOR MORE INFORMATION

RTB website: www.gov.bc.ca/landlordtenant

Public Information Lines 1-800-665-8779 (toll-free) Greater Vancouver 604-660-1020 Victoria 250-387-1602

#RTB-1