Fillable Printable Residential Tenancy Agreement Sample - British Columbia

Residential Tenancy Agreement Sample - British Columbia

RTO 001(Nov/99) Page 1 of 4

Ministr

of Attorne

General

Residential Tenanc

Office

RESIDENTIAL

TENANCY AGREEMENT

The Residential Tenancy Office is of the opinion that this Residential Tenancy Agreement accurately reflects the Tenancy Agreement

Regulation (BC Reg. 49/96). The Office 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.

A Residential Tenancy Agreement between: (use full correct legal names)

the landlord

and

the tenant

The address of the place being rented to the tenant (called the residential premises in this tenancy agreement) is:

Address: suite, number, street, city, BC, postal code Phone number

( )

The address for service and the telephone number of the landlord or landlord's agent:

Address: suite, number, street, city, BC, postal code Phone number

( )

The words tenant and landlord in this tenancy agreement have the same meaning as in the Residential Tenancy Act

(RTA), and the singular of these words includes the plural. In this tenancy agreement, the words residential premises

and residential property have the same meaning as in the RTA . The residential property includes the building and

land on which the residential premises are located.

1. Application of the Residential Tenancy Act:

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

duty under the RTA or a regulation made under that Act and to the extent that a term of this tenancy agreement does

contradict or change a right or duty under the RTA or a regulation made under that Act the term of this tenancy

agreement is void.

b) Despite any other provision of this tenancy agreement, under the RTA a tenant has the right to apply for arbitration to

resolve a dispute.

2. Length of the Tenancy: (please fill in the dates and times in the spaces provided)

This tenancy starts on:

Length of tenancy: ( Please check a, b or c and provide additional information as requested). This tenancy is:

G a) on a month-to-month basis

G b) for a fixed length of time, ending on:

At the end of this fixed length of time: (please check one option)

G i) the tenancy may continue on a month-to-month basis or for another fixed length of time.

G ii) the tenancy ends and the tenant must move out of the residential premises.

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

the following boxes:

G c) other periodic tenancy (please check one option) Gdaily Gweekly

day/month/yea

length of time

landlord tenant

RTO 001(Nov/99) Page 2 of 4

3. Rent: (please fill in the information requested in the spaces provided)

a) Payment of the Rent:

The tenant will pay the rent of each to the landlord on the first day of

the rental payment period, which is of each 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 a Residential Tenancy to the

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

b) What is included in the rent: (check only those things that are included and provide additional information, if needed) The

landlord must not take away or make the tenant pay extra for a service or facility that is already included in the rent.

GWater GStove and Oven GWindow Coverings GStorage

GElectricity GDishwasher GCablevision GGarbage collection

GHeat GRefrigerator G Laundry (free) GParking for______vehicle(s)

GFurniture GCarpets GSheets and Towels GOther

Additional Information:

4. Security Deposit: (please fill in the amount and date)

a) The security deposit must not exceed one half of the first monthly rent payable for the residential premises.

The tenant has paid a security deposit of on

b) The landlord agrees:

i) to keep the security deposit during the tenancy and pay interest on it in accordance with the RTA, and

ii) to return the security deposit and interest to the tenant within 15 days of the end of the tenancy agreement, unless

A) the tenant agrees in writing to allow the landlord to keep an amount as payment for unpaid rent or damage, or

B) the landlord has an arbitrator’s monetary order against the tenant.

C) the landlord applies for arbitration under the RTA within 15 days of the end of the tenancy agreement to claim some

or all of the security deposit and interest.

c) The tenant agrees to use the security deposit and interest as rent only if the landlord consents.

5. Additional Terms:

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

and move-out times, pets, yardwork, smoking and snow removal. Additional pages may be added.

b) Any change or addition to this tenancy agreement must be agreed to in writing and initialled by both the landlord and tenant

and must be reasonable. If a change is not agreed to in writing, is not initialled by the landlord and tenant or is not reasonable

it is not enforceable.

c) Attached to this tenancy agreement, there is / is not

an Addendum consisting of page(s) of

additional terms that form part of this tenancy agreement. Circle above to show if Addendum is attached

In order for the landlord to insist on the performance of the tenant's obligation to pay rent under this tenancy

agreement, the tenant must receive a copy of this agreement promptly, and in any event not later than

21 days after it was entered into.

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

Landlord’s Signature

day/month/year

Tenant’s Signature

day/month/year

Tenant’s Signature

day/month/year

For 24 hour recorded information, call the Residential Tenancy Office at 1-800-661-4886.

amount in

day

week

month

day/week/month

day/month/yea

due date (1st to 31st )

amount in

RTO 001(Nov/99) Page 3 of 4

6. Repairs:

a) Landlord’s Duties:

The landlord must provide and maintain the

residential premises and residential property in a

reasonable state of decoration and repair, making

the residential premises and the residential property

suitable for occupation by a reasonable tenant. The

landlord must comply with health, safety and

housing standards required by law.

b) Tenant's Duties:

The tenant must maintain ordinary health,

cleanliness and sanitary standards throughout the

residential premises and residential property. The

tenant must take the necessary steps to repair

damage to the residential premises and residential

property caused by a willful or negligent act or

omission of the tenant or invited guests of the

tenant. The tenant is not responsible for reasonable

wear and tear to the residential premises.

If the tenant does not comply with the above duties,

the landlord may discuss the matter with the tenant

and may seek a monetary order through arbitration

under the RTA for the cost of repairs, serve a Notice

to End Residential Tenancy, or both.

The tenant agrees to inform the landlord of any

repairs required. Where possible, this request

should be in writing.

The landlord must post the name and telephone

number of the designated contact person for

emergency repairs.

The tenant must make at least two (2) attempts to

notify the person designated by the landlord, and

give a reasonable time for completion of the

emergency repairs by the landlord.

If the emergency repairs are still required, the tenant

may undertake the repairs, and deduct the cost from

the next month's rent, provided a statement of

account and receipts are given to the landlord. The

landlord may take over completion of the

emergency repairs at any time.

Emergency repairs must be urgent and necessary

for the health and safety of persons or preservation

of property and are limited to:

i) major leaks in the pipes or roof;

ii) damaged or blocked water or sewer pipes or

plumbing fixtures;

iii) repairs to the primary heating system; and

iv) detective locks that give access to the residential

premises.

7. Rent Increases:

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 lawful 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

prescribed Notice of Rent Increase form available

from any Residential Tenancy Office or Government

Agent.

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, even January 1st, there

must be 3 whole months before the rent increase

begins. In this example, the months are February,

March and April, so the increase would begin on

May 1st.

If the tenant thinks the rent increase is unjustified, the

tenant may talk to the landlord or contact the

Residential Tenancy Office for assistance. If the issue

is not resolved, the tenant may apply for arbitration

under the RTA within 30 days from the date of receipt

of the Notice of Rent Increase. See the Notice for

further details.

8. Assign or Sublet:

The tenant may assign or sublet the residential

premises to another person with the consent of the

landlord. If this tenancy agreement is for a fixed

length of 6 months or more, or is solely for the rental

of a manufactured home pad, the landlord must not

arbitrarily or unreasonably withhold consent to assign

or sublet. Under an assignment a new tenant must

assume all of the rights and duties 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.

If a landlord unreasonably withholds consent to assign

or sublet or charges a fee, the tenant may apply for

arbitration under the RTA.

9. Occupants and Invited Guests:

The landlord may not stop the tenant from having

guests in the residential premises under reasonable

circumstances. If the number of permanent

occupants is unreasonable, the landlord may discuss

the issue with the tenant and may serve a Notice to

End a Residential Tenancy. Disputes regarding the

notice can be resolved through arbitration under the

RTA.

If the tenant lives in a hotel, the landlord may impose

reasonable restrictions on invited guests and

reasonable extra charges for overnight

accommodation of invited guests.

RTO 001(Nov/99) Page 4 of 4

10. Locks:

Neither the tenant nor the landlord may change or

add a lock or security device (for example, a door

chain) to the residential premises unless both agree,

or unless ordered by an arbitrator. In an emergency,

the landlord may change the lock on the main door of

the residential property and the tenant may change a

defective lock on the residential premises and

promptly provide the other party with a copy of the

new key.

11. Entry of Residential Premises by the Landlord:

a) For the duration of this agreement, the residential

premises are the tenant's home and the tenant is

entitled to privacy, quiet enjoyment and to

exclusive use of the residential premises.

b) The landlord may enter the residential premises

only if one of the following applies:

i) the landlord gives the tenant a written notice

which states why the landlord needs to enter

the residential premises and specifies a

reasonable time not sooner than 24 hours and

not later than 72 hours from the time of giving

the notice;

ii) there is an emergency;

iii) the tenant gives the landlord permission to

enter at the time of entry or not more than one

month before the time of entry for a specific

purpose;

iv) the tenant has abandoned the residential

premises;

v) the landlord has the order of an arbitrator or

court saying the landlord may enter the

residential premises;

vi) the landlord is providing maid service to a hotel

tenant at a reasonable time.

c) If a landlord enters the residential premises

illegally, the tenant may apply for an Arbitrator's

Order under the RTA, to change the locks for the

residential premises and keep the only key. At the

end of the tenancy, the tenant must give the key to

the residential premises to the landlord.

12. Ending the Tenancy:

a) The tenant may end a month-to-month tenancy by

giving the landlord at least one month's written

notice. The landlord must receive the written

notice before the day the rent is due, for the tenant

to move out at the end of the following month.

This notice must be in writing and must:

i) include the address of the residential premises;

ii) include the date the tenancy is to end; and

iii) be signed by the tenant.

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.

b) The landlord may end the tenancy only for the

reasons and only in the manner set out in the RTA.

The landlord must use the prescribed Notice to End

a Residential Tenancy form available from any

Residential Tenancy Office or Government Agent.

c) The landlord and tenant may mutually agree in

writing to end this tenancy agreement at any time .

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. The additional terms must be reasonable. An

additional term that is not reasonable is not enforceable.

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.

Inspection Report - It is recommended that the landlord

and tenant inspect the residential premises together at the

beginning and end of the tenancy and complete a written

inspection report. A report may describe any damage,

how clean each room is, and the general condition of the

residential premises including: the floors, carpets,

appliances, and paint on the walls. The report should 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.

Arbitration 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 Office for

clarification of their rights and responsibilities and apply for

an arbitration hearing to get a decision. Many, but not all,

kinds of disagreements can be decided by arbitration.

Assignment or Sublet - It is recommended that the

landlord's consent to assign or sublet be obtained in

writing.