Agreement Page 2

.

The Rental Agreement: Part Two

Section By Section

The following is for information only and should not be taken as law.
Please refer to the appropriate jurisdiction in your area.

Most important to a Rental or Lease Agreement is that:-

 – IT IS IN WRITING! –

Regardless of what the renter, landlord or agent infers, implies or says, it ain't so unless it is in writing; signed, sealed and delivered. Hand shake agreements are only for honest people and crooks.

Payment of Rent

10. 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.

Here in BC, there are several problems with the Residential Tenancy Act and the administration of the Residential Tenancy Act when dealing with this issue of issuing a notice to end a tenancy to the tenant. It looks good on paper, BUT:

Read: Notice To End Tenancy.

11. The landlord must not take away or make the tenant pay extra for a service or facility that is already included in the rent, unless a reduction is made in compliance with the Act.
12. The landlord must give the tenant a receipt for rent paid in cash.
13. 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 landlord. 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 forwarding address in writing.

Most of the above is straight forward and common sense except the part “when the tenant provides a forwarding address in writing”. How long must the landlord keep the post dated cheques? 2 months? 6 months? Forever?

Condition Inspections

14. 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.

1. when the tenant is entitled to possession,
2. when the tenant starts keeping a pet during the tenancy, if a condition inspection was not completed at the start of the tenancy, and
3. at the end of the tenancy.

15. The landlord and tenant may agree on a different day for the condition inspection.
16. 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].

The Condition Inspection report needs to contain adequate space to list each room and it's contents individually. Not so bad at the start of a tenancy if the unit has been properly cleaned and repaired.

Each room and contents condition should be noted and initialed by the new tenant on the entry inspection. The range and oven individually initialed, the living room carpets, individually initialed. Every landlord knows on move out the tenant will say “it was dirty or broken when I moved in”. Or “the carpets were not cleaned when I moved in”.

If each room and item is individually noted and initialed, why then did they initial it?

With a complete check list, nothing should be overlooked or missed.

Landlords can use this as an inventory sheet, noting such things as; last painted date for walls, ceilings, model no. for appliances, installed date for fixtures etc., repaired date for cabinet doors or faucets. Here is a clear representation of all that is serviced for the tenant during the tenancy.

Assign or Sublet

17. 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.
18. If a landlord unreasonably withholds consent to assign or sublet or charges a fee, the tenant may apply for arbitration under the Residential Tenancy Act.

This section of the rental agreement as laid out by the Residential Tenancy Act of BC has me shaking my head. At first the clause says ‘with written consent of the landlord’ and then says ‘the landlord must not unreasonably withhold consent’.

I have two questions.

1. Define: “unreasonably withhold consent”. Totally left to an arbitrator's interpretation.
2. WHO'S PROPERTY IS IT?

Repairs

19. Landlord's obligations:

1. 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.

Here is another phrase that could use definition; “suitable for occupation by a tenant”. Who defines what is “suitable”? Obviously the landlord provided a suitable unit on the tenant's move-in or they would not have accepted the unit, but now, 5 years later, since the carpets were new upon move-in could they be considered unacceptable? They are still in good condition but, they are not new. Likewise paint. The unit was freshly painted upon move-in but, it is now 5 years later. Is the paint still acceptable. To the tenant or to the landlord? How often should the landlord paint? change Carpets? Or does this clause only pertain to health, safety and housing standards?

2. 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.

If repairs are required, put it in writing, signed and dated. Once the repairs are completed, again, have the repair notice validated by both tenant and landlord and dated.

That's enough for page two; Go to Agreement Part Three