Housing FAQs
For Tenants
What housing is NOT covered by the Residential Tenancy Act (RTA)?
While most rental housing in BC is protected by the RTA, there are some exceptions. Below are the most common types that are not covered:
- accommodation where the tenant shares a bathroom or kitchen with the owner of the property;
- vacation or travel accommodation;
- accommodation rented by a housing cooperative to a member of the cooperative;
- accommodation included with premises that are primarily occupied for business purposes and rented under a single agreement;
My landlord says I’m not allowed guests, can they do that?
Tenants have the right to invite guests into their rental unit. Landlords must respect tenants’ freedom to enjoy their rental unit and cannot enforce unreasonable restrictions in tenancy agreements.
Landlords cannot:
- Charge tenants a guest fee;
- Restrict the number of guest stays per year;
- Request guest “check-in” policies;
Landlords can:
- Ensure guests do not become occupants; Occupation factors include: guest receives mail delivered to address, guest paying rent or utilities, guest moving in personal belongings or pets, guest has key to unit;
- Enforce noise restrictions;
- Ensure guests comply with existing building rules and regulations;
- Ensure tenants avoid overcrowding in the rental unit;
My Landlord comes into my unit all the time! What can I do?
To access a rental unit landlords must provide tenants with written notice. This notice must be provided at least 24 hours, but not more than 30 days, before entry.
The written notice must state:
- The date of entry
- The time of entry (must be between 8 a.m. and 9 p.m.)
- A reason for entry
Landlords must also provide notice for an authorized third party to enter on the landlord’s behalf. Additionally, landlords may enter any common areas that are shared with others, like hallways or courtyards, without notice.
If a landlord enters illegally, tenants can take these immediate steps:
- Ask the landlord to leave;
- Remind the landlord to follow entry procedures, including providing proper notice;
- Document the incident by making note of the date, time and details of the unlawful entry;
If the issue continues, tenants can seek dispute resolution. Dispute resolution is a process to help resolve conflicts between landlords and tenants.
My Landlord says they (or their family) will be moving into the unit and that I’m evicted! Can they do that?
Yes, your landlord can do that, but they have to do it through the proper channels. Landlords must use the RTA webportal and issue you a document that looks like this. This type of eviction is called; Four month notice for landlord occupancy of the rental unit
A couple things to keep in mind:
- Your landlord or a close family member must be moving in. The RTA defines a “close family member” as the landlord’s spouse, or the parents or children of the landlord or the landlord’s spouse.
- Your landlord has to give you the equivalent of one month’s rent to offset the cost of moving. That can either be paid directly to you or in the form of one month’s free rent.
