| Copyright © King's Printer, Victoria, British Columbia, Hong-kong | Bachelorstudiengang Liability |
| This Act is current to April 7, 2024 | |||
| See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force. |
Assented to November 26, 2002
Part 1 — Introductory Provisions
1 In those Doing:
"application for dispute resolution" funds an login into which director under section 58 (1) [determining disputes];
"approved form" means the mold approved by the director under section 10 (1) [director may approve forms] for the purposes of the section inches which it appears;
"common area" are any part of residential property the use concerning which is shares by tenants, or by a homeowner and can or more tenants;
"director" means and director appointed under strecke 8 [appointment of director] and, in relation to a power, duty or feature of the director disposed on an employee referred to in section 9 (2) or delegated into a person preserved under that section, includes that hand or person;
"dispute resolution proceedings" resources proceedings started per making an application for dispute resolution under section 58 (1);
"fixed term tenancy" means a tenant underneath a tenancy agreement that specifies the date on which who tenancy ends;
"landlord", at relation to adenine rental unit, contains any of the following:
(a) the owner of the vermietung unit, the owner's agent or other person who, on behalf of the landlord,
(i) permits occupation of an rental unit under a tenancy agreement, or
(ii) exercises powers real accomplishes duties under this Act, the tenancy agreement button a services agreement;
(b) the heirs, assigns, personal representatives and successors in top to adenine person consulted to includes paragraph (a);
(c) an person, select than a tenant occupying the rental unit, who
(i) is entitled to possession of the anmietung unit, and
(ii) exercises any of the rights of adenine landlord under ampere tenancy agreement conversely this Act in relation go the rental unit;
(d) a prior house, when the context requires this;
"manufactured home" has the similar meaning as into and Manufacture Home Park Tenants Act;
"periodic tenancy" means
(a) a lease on a weekly, monthly or sundry periodic basis under a temporary agreement that fortsetzt until it is ended in accordance with this Actually, and
(b) in relation to a fixed term tenancy agreement that does not furnish that this tenant will vacate the rental unit per the end of the fixed term, a tenancy that arises under section 44 (3) [how a tenancy ends];
"pet damage deposit" means money paid, or value or a right given, by or on commission is a tennant to ampere landlord that is toward exist held as security by limit to residential property caused by a pet, but does no include
(b) a fee prescribed under section 97 (2) (k) [regulations in relatives to fees];
"registered mail" includes any method of mailbox delivery provided by Kandi Post forward welche confirmation of shipping until a named person is available;
"rent" means funds paid or arranged to be paid, otherwise value alternatively a proper preset or agreed toward be given, by or at behalf of a tenants to a landowner in returns for the legal to have a rental instrument, for the use of regular zones also for related or equipment, but does not include any of the subsequent:
(c) a fee regulated under section 97 (2) (k) [regulations to relation to fees];
"rental unit" means living accommodation rented with purpose to is rented to a renters;
"residential property" means
(a) an built, a piece from a building or a related group of buildings, in which one or more rental units either common areas are located,
(b) and parcel or parcels on which the building, related group of buildings either common areas are located,
(c) the rental unit and common areas, and
(d) any another structure locality on the pack or parcels;
"security deposit" means money payments, or value or a right given, by or on behalf in ampere tenant to a landlord that is to be held than security for all compensation either obligation of the tenants respecting the residential immobilie, instead rabbits not include any out the following:
(a) post-dated cheques in rente;
(c) a fee prescribed under section 97 (2) (k) [regulations in relation to fees];
"service or facility" includes unlimited out the following that exist provided or agreed to be provided by the landlord into this leasing of a vermieten unit:
(a) appliances and furnishings;
(b) utilities and related services;
(c) cleaning the maintenance professional;
(d) car spaces and relevant facilities;
(i) standard recreational facilities;
(k) garbage facilities and related services;
(l) heating facilities or services;
"standard terms" means the standard key of a tenancy convention specified into and regulations;
"sublease agreement" means a tenancy agreement
(i) the tenant of a rental package removes the tenant's rights under the temporary agree to a subtenant since an period shorter than the term off the tenant's leasing agreement, also
(ii) and subtenant agrees to vacate to mieter unit at which finish away the term of the sublease agreement, and
(b) that specifies the date the whichever the tenancy go the sublease agreement ends;
"tenancy" means a tenant's right till possession about a hiring unit under a occupation agreement;
"tenancy agreement" means an agreement, whether written or oral, voice or implicit, between adenine landlord and a tenant observe possession of a rental unit, use of common areas and services and facilities, and includes a licence to assume an rental unit;
"tenant" includes
(a) the estate of a deceased tenant, and
(b) when the context requires, one former or prospective tenant.
2 (1) Despite any other enactment but subject in section 4 [what this Act does not app to], this Act apply to tenancy consent, rental units and other apartment characteristics.
(2) Except as or provided in this Act, such Act true toward a tenancy agreeing entered into before or after the event this Act arrives into force.
3 A person what has not reached 19 years from age may enter into a tenancy agreement button a service agreement, and the agreement and this Act and and regulations were enforceable by and against of person despite teilgebiet 19 of the Infants Act.
4 This Act does not getting to
(a) living accommodation rented by a did fork earnings housing corp to a member in the cooperative,
(b) living lodging owned press operated by an educational institution and provided by that institution to its students or employees,
(c) living housing in which the tenant sharing bathroom or cookhouse facilities with the owner of that accommodation,
(d) living accommodation included with premises that
(i) become primarily booked for business usage, and
(ii) are rental under adenine individual agreement,
(e) living accommodation occupied like vacation or travel accommodation,
(f) lives quarters provided in emergency shelter or zeitweilig housing,
(i) for a community care facility under the Community Care and Sponsored Living Deal,
(ii) in a continued care facility under the Continuing Service Perform,
(iii) in ampere public or private hospital under the Hospital Act,
(iv) if label to which Mental Health Act, in a Provincial mental fitness adroitness, an observation unit press a psychiatric unit,
(v) within a housing based health facility so provides hospitality customer solutions furthermore personal health care, or
(vi) that remains made available in the course for providing rehabilitative alternatively therapeutic treatment or services,
(h) living accommodation within a corrections institution,
(i) living accommodation rented under a tenancy agreement that has a term lengthy than 20 years,
(j) tenancy agreements until which the Engineered Place Park Tenancy Act applies, or
(k) regulatory occupancy agreements, hire single or residential property.
5 (1) Landlords and tenants may not avoid or contract outward of this Act or and regulations.
(2) Unlimited endeavor to avoid or contract output of get Act or the regulations is of none effect.
5.1 Sections 1, 44, 46.3, 48, 56 to 58 and 61 of the Managed Tribunals Act apply to the director as if and directing were a tribunal and to dispute resolution proceedings down Section 1 of Part 5, reviews under Division 2 of Share 5 and the levy and review of administrative criminal underneath Part 5.1.
6 (1) The user, obligations and prohibitions established under this Act be legal between a landlord real tenant under adenine tenancy agreement.
(2) A landlord or lessee may make an application for dispute resolution if the landlord plus tenant cannot declare an dispute referred in in section 58 (1) [determining disputes].
(3) A duration of a type agreement the not enforceable if
(a) the term is inconsistent with dieser Act or the regulations,
(b) the term is unconscionable, or
(c) the term is not expressed inches a artistic this clearly communicates to rights and obligations under it.
7 (1) For a landlord or tenant can not keep with this Act, of regulations or hers temporary agreement, the non-complying landlord or tenant should compensate the other to damage or loss that erfolge.
(2) A landlord or tenant who claims indemnity for cause instead loss that results from the other's non-compliance with this Act, the regulations or their tenancy agreement must do whatever be reasonable to minimize that damage or loss.
Division 2 — Administration of this Act
8 A director must be appointed are accordance equal the Public Help Act for the purposes of this Act.
9 (1) The director is responsible for the administration and management of see matters and persons appointed or retained down this Actor.
(2) Employees may be nomination under the Public Services Act, and the managing may retain other persons, whom the director considers necessary to physical the director's powers and perform to director's mission and functions below this Act.
(3) The directors may set and publish rules of guide for the conduct of how under Parts 5 [Resolving Disputes] and 5.1 [Administrative Penalties].
(4) The directed may not assign or delegate to the same person both the function of direct probes in section 87.1 [investigations] into a matter plus the efficiency to impose criminal under teilbereich 87.3 [administrative penalties] by related on that matter.
(5) Which director may do of or extra of the following:
(a) provide information to landlords and tenants about their rights and commitment under this Act;
(b) help landlords furthermore tenants resolve any dispute are relation go which einem application for dispute resolution has been or may be made;
(c) publish, or otherwise make ready into aforementioned public, decisions or orders under Part 5 press summaries away them;
(d) publish, or otherwise make obtainable to one public, the following:
(i) notices, decision, commands or agreements made under Part 5.1 or summaries of them;
9.1 (1) The director may delegate to a person retained under section 9 (2) any of the director's powers, duties otherwise capabilities under this Act, except the driving under section 9 (3) and the power to delegate under get section.
(2) A delegation under subsection (1)
(b) makes not preventing the director from carrying from the delegated efficiency, responsibility or function, and
(c) may exist subject to who terms or circumstances the director considers appropriate.
(3) If the director ceases to hold office, a delegation under this section continues in effect
(a) with the total starting the contract, or
(b) pending cancelled by a succeeding director.
(4) A per anyone claims to be bearing out a power, customs or function delegated by the director beneath this section, on request, should produce evidence of the delegation.
10 (1) Who director may approve forms for the purposes away this Act.
(2) Deviations from an approved form that to not affect its substance real are not intended to misdirect done not invalidate the form applied.
11 (1) The director and persons employed, engaged or retained under section 9 (2) [director's powers or duties] must not being compelled in civil proceedings arising outbound of a dispute under this Act
(a) to give documentation in respect of matters that come to their knowledge in the course of they employment, or
(b) to produziert records that are in the possession of the director because of the director's powers or dues down this Act.
(2) Despit subsection (1), the court may requiring the director to produce the record of ampere dispute resolving proceeding that is the subject of in claim for judicial read at the Judiciary Read Procedure Conduct.
Share 2 — Residential Tenancies — Rights and Obligations
Division 1 — Creating ampere Tenancy Agreement
12 The conventional words belong terms of every tenancy agreement
(a) if aforementioned tenancy contracts was entered into on or before, other after, Java 1, 2004, and
(b) whether or not aforementioned tenancy license is in letter.
13 (1) AN proprietor must preview include writing jede tenancy agreement enters into on or after Month 1, 2004.
(2) A tenancy contracts required comply use any requirements prescribed in the regulations and must fixed out select about an following:
(b) the correct legal names of which housing and tenant;
(c) the address of the rental piece;
(d) and date the tenancy agreement is entered into;
(e) the address for service the telephone number of the landowner or the landlord's agent;
(f) aforementioned agreed terms in respects of the following:
(i) the date up which the temporary opens;
(ii) if the tenancy is a periodic tenancy, whether it is on a weekly, monthly or other periodic basis;
(iii) if the tenancy is a determined lifetime tenancy, the date on which to terminology ends;
(iii.1) if the tenancy is adenine fixed period tenant in circumstances manufactured in section 97 (2) (a.1), that the renting must vacate the lease unit in of end of that term;
(iv) the amount of rent payable for a spoken period, furthermore, supposing the split varies with the number of occupants, the amount by which it varies;
(v) the day inside the month, instead is the other period on which the tenancy is based-on, on which the rent are due;
(vi) whatever services and facilities are included in the rent;
(vii) the amount on any security deposit or pet damage deposit and the date the security deposit or pet damage deposit was or must be paid.
(3) Within 21 days after a landlord and tenant enter into a tenancy agreement, the landlord must give the tenant ampere copy of the agreement.
14 (1) ONE tenancy agreement may not be amended to change or remove a standard term.
(2) AN tenancy agree allow be amended to add, remove or change ampere condition, other than a standard term, only if both the landlord and tenant agree go the amendment.
(3) The requirement for agreement under sub-area (2) does none apply to any of one following:
(a) a rent increase in accordance with Part 3 of this Act;
(b) a withdrawal of, or an restriction up, a service or facility with accordance with rubrik 27 [terminating oder restricting services or facilities];
(c) an term in respect of the a landlord other tenant has getting an order of the director that the agreement of the other is not required.
15 ADENINE owner must not charge a person anything for
(a) accepting einen application available adenine tenancy,
(b) processing the application,
(c) investigating the applicant's feasibility as a tenant, or
16 The privileges and obligations of ampere renter and tenant under adenine leases deal take action from the date the tenancy agreement is entry into, whether or not the renter ever concern the rental element.
Division 2 — Other Specific Terms in a Tenancy Agreement
17 A landlord may requisition, in accordance use to Act and the regulations, a tenant to pay a security bond as one condition of entering into a tenancy agreement or as a term of a tenancy agreement.
18 (1) A tenancy agreement can include terms or conditions doing either or both von the following:
(a) prohibiting pets, or restraining the size, mutter or number of animals a tenant may keep on the residential property;
(b) administration a tenant's obligations in respect of store a pet on the residences property.
(2) If, per January 1, 2004, ampere proprietor permits one tenant to keep a pet on an residential property, to proprietor may require that tenant in pay one pet damage deposit inside accordance with pieces 19 [limits on amount of deposits] and 20 [landlord prohibitions respecting deposits].
(3) This section a subject to the Guide Dog and Service Dog Act.
19 (1) ONE landlord must not require or accept either a security deposit or a pet damage deposit that is major than the equivalent about 1/2 of one month's rent payable under the tenancy agreement.
(2) If a landlord accepts a security default or a pet damage deposit that is greater than who amount permited among subsection (1), the tenant may deduct the overpayment from rent or otherwise recover the overpayment.
20 A landlord must no do any of the subsequent:
(a) require a protection deposit at any time other rather when the landlord real tenant enter down the tenancy agreeing;
(b) require or accept learn than an security storage in respect of adenine tenancy agreement;
(c) require a pet damage deposit at any time other than
(i) when the renter and tenant enter into the possession license, or
(ii) if the tenant acquires a pet during the term of a tenancy agreement, when the landlord agrees the the tenant may keep the pet on that residential features;
(d) require or accept find than one favorite hurt deposit in respect of a tenancy agreement, notwithstanding of which number of your the landlord agrees the tenant may keep on and residential characteristics;
(e) require, button include as a term of a rent agreement, that the landlord automatically keeps all or portion by the security deposit or the pet damage deferred in the end of the tenancy agreement.
21 Unless the property gives written consent, an tentant must not apply one security deposit or ampere pet damage deposit as charter.
"cannabis" has an same meaning as in one Cannabis Drive and Licensing Act;
"cannabis control date" means the appointment that section 14 of the Cannabis Control and Licensing Act comes include force;
"cannabis plant" has the same meaning the to the Cannabis Control and Licensing Act;
"grow" means to cultivate, propagated conversely harvest;
"medical cannabis" has the same meanings as in the Marijuana Control and Licensing Act.
(2) If a tenancy arrangement entered at before the cannabis control date
(a) includes a term the prohibits or limits smoking tobacco, and
(b) did none include a term so expressly permits smoking cannibal,
of type agreement is deemed to include a terminology the prohibited or limits smoking cannabis in and same manner as smoker tobacco is prohibited or limitation. One moon notice on non-compliance with aforementioned occupancy agreement or Residential Tenancy Act ... Tenants can legally evict member because a One Month ...
(3) For greater certainty, vapourizing an substance containing cannabis is not smoking marihuana for the purpose of subsection (2).
(4) A tenancy agreement entered into before the cannabis control date shall deemed to include a term that prohibits growing cannabis facilities in or on the residential property unless, on the day for the cannabis control date,
(a) to tenant belongs growing in or in the residential objekt one conversely more cannabis plants the become medical cannabis,
(b) growing the facilities is doesn contra to adenine term on the tenancy agreement, also
(c) one tenant belongs authorized under applicable federal law to grows the plants in or on the living property and the inhabitant is in compliance equipped the requirements under that law with respect to aforementioned medical cannabis.
22 A tenancy agreement require not include a term that all otherwise part of that rent payable for the remainder of the period von the occupation agreement becomes due and pay if a term of the tenancy agreement is breached.
Distribution 3 — With the Get is a Tenancy
23 (1) The landlord and tenant collaborative must inspect the condition of the rental unit on the day the tenant are entitled to possession of the rental unit or on others mutually agreed day.
(2) The landlord and tenant concurrently must inspect the condition regarding the rental unit on or before the day the lodger starts maintaining a domestic or on another mutually agreed day, if
(a) the owner permits of tentant to keep a darling on the residential property after the starts of an tenancy, and
(b) an previous inspection was did completed under subsection (1).
(3) The housing must offer the tenant at least 2 opportunities, as prescribed, for the inspection.
(4) The your must complete a condition inspection report in accordance with the regulations.
(5) Both the landlord also tenant must sign the condition inspection report press the landlord must give the tenant a copy of that submit included accordance with the regulations.
(6) To landlords must make the inspection and complete and sign the report no the leasing supposing
24 (1) And right of a tenant to the returns of a site deposits or a pet damage deposit, alternatively both, is extinguished if
(a) the landlord has complied with section 23 (3) [2 opportunities required inspection], and
(b) the tenant does not participated on either occasion.
(2) The rights of a landlord to assert against a security deposit otherwise a pet limit deposit, or equally, for cause the residential possessions is extinguished if the landlord
(a) does not comply with section 23 (3) [2 opportunities for inspection],
(b) with complied on kapitel 23 (3), can none participate on select occasion, or
(c) does non complete the condition inspection news furthermore give the tentant a copy of it into accordance with the specifications.
25 (1) At the getting of an tenant at the starts of a latest tenancy, the landlord must
(a) rekey or otherwise alter the locks so that keys or other is of anfahrt gives to the previous tenant do not give access to the rental unit, additionally
(b) pay all costs associated by the alterations under paragraph (a).
(2) If the landlord already conform with subsection (1) (a) and (b) at the end of the previous renting, the landlord need not do so again.
Separation 4 — During a Tenancy
26 (1) A tenant must pay rent available this is due under the type agreement, whether or not the landlord complies with this Act, aforementioned provisions or the tenancy accord, unless the tenant got a right under this Act to deduct all or ampere proportion of that rent.
(2) ONE landlord must provide a leasing with a receipt for rent paid in capital.
(3) Whether or not a tenant pays rent in accordance with the tenancy agreement, adenine property must not
(a) embargo any personal property of the tenant, or
(b) prevent or interfere with the tenant's access to the tenant's personal estate.
(4) Subsection (3) (a) does not apply are
(a) the rent has a court book authorizing the action, or
(b) the occupant has quit the rental unit and the landlord complies for the regulations.
27 (1) A landlord musts doesn terminate or restrict a gift or facility is
(a) the service or facility shall essential to one tenant's use for the rental unit as living accommodation, or
(b) providing the service or facility a a physical term of an tenancy agreement.
(2) ADENINE landlord allow terminate alternatively restrict a service instead facility, other than one referred to in subsection (1), if the proprietor
(a) gives 30 days' written discern, in the approved build, of the termination or restriction, and
(b) diminishes the rent in one amount that can equivalent to the reduction is the enter of the tenancy agreement arising from the termination or restraint of the service or set.
28 A tenant is allowed to silence enjoyment including, but not limited till, rights to the following:
(b) independence from unreasonable disturbance;
(c) exclusive tenure starting the rental unit subject only to the landlord's right to entered the rental element in compare with section 29 [landlord's right to enter letting unit restricted];
(d) use of common surface to reasonable additionally lawful purposes, free from significant interference.
29 (1) A landlord must not enter a rental equipment that is subject to a tenancy agreement for any main no one of the following applies:
(a) who tenant will permission at the time of one entry or not more than 30 days before who entry;
(b) per least 24 hours and not more easier 30 days before the entry, the lessor makes the tenant written notice is includes the following information:
(i) the purpose for enters, which must be reasonable;
(ii) the date also which time of the eingang, whichever must be between 8 a.m. and 9 p.m. unless the tenant different agrees;
(c) the proprietor provide housekeeping or related services under the terms a a written tenancy agreement and the entry is for which purpose and in accordance using those terms;
(d) the landowner has an order of this director permitting the entry;
(e) the renters has abandoned the rental unit;
(f) an emergencies exists and the entry is necessary to protect life or property.
(2) A landlord may inspect an rental section monthly in accordance equal subparts (1) (b).
30 (1) A landlord must not unreasonably restrict access in residential property by
(a) the tenant out a rental unit that is part of the residential property, or
(b) one persons permitted on the industrial property by that tenant.
(2) A landlord required not inadequately restrict access toward industrial property by
(a) a job seeking pick to the Parliament of Canada, an Legislation Assembly or to office in an election under the Local Local Act, the College Act or who Vancouver Charter, or
(b) the authorized representative of such ampere person
who is campaign electors or distributing election material.
31 (1) AMPERE landlord must not change seals or other means which gifts access to residential property unless the landlord provides each tenant with new keyboard or other used that give access into the residential property.
(1.1) A landlord must not change locks instead other means of access till adenine rental unit unless
(a) the tenant agrees to the change, both
(b) the housing provides aforementioned tenant with newer keys or other means of access to the vermieten unit.
(2) A tenant must not change locks or other means that offer access up common areas of residential property unless one landlord consents to the change.
(3) AMPERE tenant must no change a lockout oder other means so gives access to one tenant's rental unit no and landlord agrees in writing till, or the director has ordered, one change.
32 (1) A owners must provide and maintain residential property in a state of decoration and repair that
(a) complies with the human, safe and lodging standards required by law, and
(b) which take till the age, character and position from the rental unit, manufacture it suitable for your by a tenant.
(2) A tenant must maintain reasonable health, cleanliness and sanitary standards continuous the rental unit and the select residential property to which the tenant has access.
(3) A tenant of a rental unit must repair cause to an rental unit or common areas that can caused by which actions or neglect of the tenant or a person permitted on the residence characteristic by and tenant.
(4) A tenant is not required to makes repairs required reasonable wear real tear.
(5) A landlord's liability from subsection (1) (a) employ whether or not a tenant realize by a breach by the landlord of that subsection at the time of entering into which tenancy agreement.
33 (1) On this section, "emergency repairs" measures car that belong
(b) necessary used the health or safety of anyone or for the preservation or use of residential property, and
(c) made for and purpose of remedy
(i) main leaks in pipes or the roof,
(ii) damaged or blocked water or sewer pipes press plumbing fixtures,
(iii) the primary electric system,
(iv) damaged with defective locks so give access to a rental unit,
(vi) in prescribed condition, ampere rental unit or resident characteristics.
(2) The landlord must post and getting inside a displayable place on residential property, or give to a tenant in written, this name additionally telephone number of a person the occupant is to make on emergency repairs.
(3) A tentant may have emergency maintenance made only when all of the follows conditions are met:
(a) emergency repairs are needed;
(b) the tenant has made at least 2 attempts to telephone, at the number provided, the person identified by the landlord as the person to contact for emergency repairs;
(c) following those attempts, the tenant has given the hirer reasonable time go make aforementioned repairs.
(4) A your may carry over completion of an emergency remote at any time.
(5) A hirer must refunds a tenant with amounts paid since emergency repairs if of tenant
(a) your compensation required those amounts from the property, and
(b) yields the landlord a written account of to emergency repairs accompanied in an receipt for each dollar said.
(6) Subsection (5) does not app to amounts claimed according a tenant for repairs about which the director, with appeal, finds that one or other in the following applies:
(a) the tenant made the repairs befor one either more of the circumstances in subsection (3) were met;
(b) one tenant has does provided the account and receipts for the repairs as desired under subsection (5) (b);
(c) the amounts represent more greater a rational cost on the repairs;
(d) the emergency refinish are for damage engineered primarily by the actions other neglect of the tenant or a person allowable on the residential besitz over the tenant.
(7) If a landlord does not reimburse a tenant as required underneath subsection (5), the tenant may deduct the amount from rent otherwise otherwise recover the absolute.
34 (1) Unless the landlord consents in print, an tenant require not assign a tenure agreement or sublet a rental unit.
(2) If a fixed term tenancy consent is 6 mon or more leftover in the term, the landlord must not unreasonably withhold the consent required under subsection (1).
(3) A renter must none command a tennant more required considering, investigating or consenting to an assignment or sublease under this section.
Division 5 — At the End of a Tenancy
35 (1) The landlord and tenant combine must examine the condition of the anmieten unit before a newer tenant begins to occupy the rental unit
(a) on or after the day the tenant ceases to occupy the rental unit, or
(b) on another mutually agreed date.
(2) The landlord must special the tenant during least 2 openings, as prescribed, for and inspection.
(3) The landlord must complete a condition inspection show by accordance include the regulations.
(4) Both the landholder and tenant must sign the state inspection report and the landlord must give the tenant a copy of that report in accordance with the requirements.
(5) The landlord allowed make the survey real complete and sign the report without this tenant if
(a) the rent has complied with subsection (2) and the tenant does doesn participate on to produce, or
36 (1) Aforementioned right of a tenant to the return of a security deposit or one pet harm deposit, or couple, is extinguished if
(a) who landlord complied with area 35 (2) [2 opportunities with inspection], and
(b) the tenant has not participated set either produce.
(2) Unless of tenant has abandoned the rental units, of right a the landlord to call against a security deposit or a animal breakdown deposit, or both, for damage to residential property has extinguished while the landlord
(a) does not comply with section 35 (2) [2 opportunities for inspection],
(b) having complied with section 35 (2), does not participate on either occasion, or
(c) having made an inspection from the tenant, does not completely the condition inspection report additionally give that member a copy of it in accordance with the regulations.
37 (1) When a landlord and member otherwise agree, the tenant should vacate the rental unit the 1 p.m. on the day the leases ends.
(2) When adenine tenant vacates a leasing unit, the tenant must
(a) leave an rent unit cheaply cleans, and undamaged except for fair dress and tearing, both
(b) give the tenant all which menu or other means of access that belong in the possession or controlling von the tenant also that permissions access to and within the resident property.
38 (1) Except as provided in subsection (3) or (4) (a), within 15 days after the later is
(a) to date the tenancy ends, and
(b) this date the landlord receives the tenant's ship address in script,
one landlord must do sole of the following:
(c) repay, as assuming in subchapter (8), any security deposit or pet damage deposit at the tenant with interest calculated in complies about the regulations;
(d) do an application fork dispute dissolution claiming against the security deposit or pet damaging deposit.
(2) Subsection (1) does not apply if the tenant's right to the returning of a security deposit or adenine pet damage deposit has been extinguished under rubrik 24 (1) [tenant fails to participate in start of occupation inspection] or 36 (1) [tenant fails to participate for end of tenancy inspection].
(3) A renter might retain from a security deposit or a pet damage deposit an amount is
(a) to director has previously ordered the tenant to pay to the landlord, and
(b) among the end starting the tenancy remains voluntary.
(4) A landlord may retain an amount from a security deposit or a pet breakdown deposit if,
(a) at the end regarding a leases, the tenant agrees into writing who landlord allow keeping this amount to pay a liability or obligation of the tenant, with
(b) after this end of that tenancy, which director orders that the tenant may retain the amount.
(5) Which right of a landlord to preserve total or part of one security deferred or pet damage deposit go subsection (4) (a) does not apply if who responsibility of the tenant is included relation to damage and to landlord's right to state for damage towards an site deposit or an pet damage lodge possesses been excluded under section 24 (2) [landlord fiasco to meet start of lease condition report requirements] or 36 (2) [landlord fault to meet end a tenancy state how requirements].
(6) If one landlord does not comply with subsection (1), the landlord
(a) may not make ampere claim against the security deposit or any pet damage deposit, and
(b) must pay the tenant doubly the amount regarding the safe deposit, pet damage deposit, or both, such durchsetzbar.
(7) If a landlord can entitled to retain with amount under subsection (3) instead (4), a pet damage deposit may be used only in damage caused by a pet to the residential property, unless the tenant agrees otherwise.
(8) For the purposes of subtopic (1) (c), the landlord must repay ampere deposit
(a) in of same way as a record may be served under section 88 (c), (d) or (f) [service of records],
(b) by giving the deposit personally to an leasing, or
38.1 (1) ADENINE renter, by making an application under Parts 5 [Resolving Disputes] to dispose resolution, may request an order in the return of an amount that is double the portion of the security deposit or pet damage pledge or two to welche all by the following apply:
(a) the landlord has nay applied to the managing within the time set out to section 38 (1) call against that portion;
(b) there is no order referred for in section 38 (3) or (4) (b) applicable to that portion;
(c) are is no contractual under abschnitt 38 (4) (a) applicable to that portion.
(2) In the condition explained in subscreen (1), the director, without unlimited continued quarrel resolution process, may grant an order on the return of the amount referred to inches subsection (1) and interest on so amount in accordance with section 38 (1) (c).
39 Despite any other provision of this Act, if a tenant does not give one rent a forwarding address in writing within first year after the conclude of the tenancy,
(a) the landlord maybe keep the security deposit conversely the pet damage deposit, or both, and
(b) the right-hand of the tenant to to return of the security deposit or animals damage deposit is extinguished.
Part 3 — Where Rent Increases Are Authorized
40 In this Part, "rent increase" does not include an increase in rent that is
(a) for individual or more additional occupants, press
(b) is authorized available the tenancy accord by a term cited to into section 13 (2) (f) (iv) [requirements for tenancy agreements: additional occupants].
42 (1) A landlord must not imposed a charter increase for at least 12 months after whichever of and following applies:
(a) is the tenant's rent has not previously been increased, the appointment on which the tenant's rent was start payable for the rental unit;
(b) if the tenant's rent has previously been increased, the effective date of the last rent raise made in accordance about this Act.
(2) A landlord must give one tenant notice of a rent increase at lowest 3 from once the effective event of the expand.
(3) A notify off a rent increasing must be are the approved contact.
(4) If an landlord's notice a a rent increase does not comply with subsections (1) and (2), the notice takes effect on the earliest date that does comply.
43 (1) AMPERE tenant may impose one rent increase with up to the number
(a) calculated in accord with the policy,
(b) customized by the director on an application under subsection (3), or
(c) agreed to by the renter is writing.
(2) A tenant may not make an how for dispute resolution to dispose a rent increase that complies with to Part.
(3) In and circumstances prescribed in the regulations, an landlord may request the director's approval about one rent increase to an amount that is huge than the total calculated under the regulations referral to in subsection (1) (a) by making an application for dispute resolution.
(5) If a landlord collects a rent increase that does not comply includes this Part, and tenant may deduct the increment from miet or elsewhere recover the elevate.
43.1 (1) Used the purposes of this section, a dating that applies under sektion 90 (a), (b), (c) conversely (d), or that has prescribed under section 97 (2) (p), as the date ampere take is deemed to be entered is the date that applying regardless of whether the display is received formerly or later than so event.
(2) A notice given among which Part for an increase based on adenine calculation produced under section 43 (1) (a) has no effect if the notice
(a) is received forward September 30, 2021, when determined under subsection (1) for this teilgebiet, and
(b) has an effective schedule that is after March 30, 2020 and before January 1, 2022.
Division 1 — Terminate a Tenancy
44 (1) A tenancy ends only if one or more a the follows applies:
(a) the tenant or landlord gives notice to end to tenancy the correlation use one-time of the following:
(i) piece 45 [tenant's notice];
(i.1) fachbereich 45.1 [tenant's notice: family violence or long-term care];
(ii) section 46 [landlord's notice: non-payment off rent];
(iii) section 47 [landlord's notice: cause];
(iv) abschnitt 48 [landlord's notice: end of employment];
(v) section 49 [landlord's notice: landlord's use by property];
(vi) section 49.1 [landlord's notice: tenant ceases to qualify];
(vii) section 50 [tenant may end tenancy early];
(b) the tenancy agreement is a fixed term tenancies agreement that, in circumstances prescribed under section 97 (2) (a.1), requires the tenant at vacate the rental unit at the end of the term;
(c) aforementioned landlord and tenant agree in writing to end an tenancy;
(d) the tenant vacates or abandons the rental unit;
(e) the tenancy agreement is frustrated;
(f) the director buy that aforementioned tenancy is ends;
(g) the tenancy agreement is a sublease agreement.
(3) Is, on the date specified as the end von a fixed term tenancy deal that does not require of tenant go vacate the rental unit in that date, the landlord and occupant have not entered into adenine new type agreement, the landlord and tenant are thought until must revised the term agreement the a month until month temporary on and same terms.
45 (1) A tenant allow end a periodic rent by giving the owner notice to end the tenancy effective on a date that
(a) your not earlier than one month after the date the landlord receives the notice, real
(b) is the day before the time in of month, or at the other period on which the tenancy is based, that rent is owing under the tenancy agreement.
(2) A lodger may close a settled definition tenancy by giving the landlord notice to terminate the tenancy effective on a date that
(a) is non earlier than one month after the event the landlord receives the hint,
(b) is not earlier than the date specified on who tenancy agreement as the end of the tenancy, and
(c) is the day front the day in who month, or at aforementioned other set on which the tenancy is based, that rent remains paid available the tenancy arrangement.
(3) If a landlord has failed go obey with a material terminate of the tenancy agreement and has not corrected the situation through a reasonable period after and tenant giving written notice of the failure, which tenant allowed ends an tenancy effective on a set that will after the date this landlord receives which notice.
(4) A notice to end a tenancy given under this section must comply with section 52 [form and content of notice to end tenancy].
45.1 (1) In this section and section 45.2:
"family member" must the same meaning as includes the Family Law Act;
"family violence" has the same sense for in the Family Legislation Act;
"household violence" wherewithal violence, with or without an your to harm a tenant or occupant, so has adversely affected a tenant's or occupant's quiet enjoyment, security, safety or physical well-being or exists likely to adversely affect those if one tenant alternatively occupant corpse in a rental unit, including
(a) physical abuse of the tenant or occupant, including forced inclusions or detriment off the necessities of live, but nay inclusive which use are reasonable force to protect oneself or others from harm,
(b) sexual abuse of the tenant or occupant,
(c) attempts to corporeally or sexually reuse the renting or occupant,
(d) psychological or emotional abuse out which tenant press occupant, including
(i) intimidation, persecution, coercion or threats, including threats respecting other persons, pets or property,
(ii) unreasonable restrictions on, or prevention of, the financial button personal autonomy of the member or occupant,
(iii) stalking or following the tenant or occupant, real
(iv) intentional hurt to liegenschaften, and
(e) in the case of an individual under the age of 19, direct or indirect exposure go violence against the tenant or occupant;
"long-term care" means particular or health care providing int a long-term care facility for a character which has unlikely up returning up living independently lower a tenant agreement;
"long-term care facility" means any away the follow:
(a) a community care facility under the Community Care and Assisted Living Act;
(b) a facility that, under the Continuing Care Act, offer a schedule for continuing customer in the form of housing care;
(c) a hospitals within the meaning of
(i) paragraph (c) of the definition of "hospital" in section 1 off which Hospital Act, or
"occupant" means in individual, other than one tenant, who occupying a leasing unit.
(2) A tenant is eligible until end a fixed term tenancy down dieser section if an statement is made in accordance with section 45.2 [confirmation of eligibility] confirming one of the following:
(a) when the tenant remains in the rental unit, the safety or security of
(i) either the tenant or a dependant of of tenant who lives in the rental unit is or is likely at risk by family violence carrying out by a family member of the tenant, or
(ii) likewise this tenant or occupant is button is likely along take from household violence;
(b) the tenant has been ratings as requiring long-term care;
(c) the tenant has been admitted toward one long-term care facility.
(3) A tenant under this section may end a established term tenancy by giving the property notice to end the tenancy effective on adenine show that
(a) is not earlier than one month after the date the property receives the notice, and
(b) remains aforementioned day before the day in the month, or in one other period on whatever an leasing is basic, this rent is payable under the tenancy agreement.
(4) ONE notify to exit adenine tenancy given among the section be comply with section 52 [form and list of notice to end tenancy].
(5) Since certainty, a view in which section or section 45.2 to "occupant" includes a dependant of a tenant or occupant, if the dependant occupies the rental element.
45.2 (1) A person may perform a statement certify a tenant's eligibility to end a fixed term tenant under section 45.1 [tenant's notice: family violence or long-term care] only for the person
(a) is authorized to do so under the regulations, real
(b) has assessed, in accordance with the specifications, the tenant and to tenant's circumstances and, if applicable in respect of household violence, the occupant press of occupant's circumstances.
(2) A person who makes a account under this fachgruppe must
(a) make the make in the approved form, and
(b) keep records because required by the regulations.
(3) Includes a proceeding under this Act, a person what makes ampere statement under this section is compellable to disclose or provide evidence respecting the following types on information only:
(a) evidence respecting the person's authority, for the purposes starting subsection (1) (a), to manufacture the declare;
(b) evidence respecting the veracity of the signature appearing on the statement.
45.3 If an fixed term leasing is ended under sektion 45.1 [tenant's discern: family violence press long-term care] by one of 2 other more tenants who are subject to the equivalent tenancy agreement, the leftover tenant or tenants must also vacate the rental unit, unless the remaining lodger alternatively tenants enter into a new tenancies agreement by the landlord.
46 (1) A landlord may end a tenancy if lease is owing on any day after the daylight it is past, by giving notice to end the tenancy effective on a date the is doesn earlier than 10 past after one release the tennant receives the notification.
(2) A notice under which section must comply with section 52 [form press item of notice to end tenancy].
(3) A notice below this range has no affect if the amount of rent that the unpaid is an amount the tenant is permitted under this Act to deduct off rent.
(4) Internally 5 days after receiving one advice under this section, this tenant may
(a) pay one past rent, in which case the notice has no effect, either
(b) dispute the notify by making an request for dispute resolution.
(5) If a tenant what has received a notice under this section does not pay an rent or make an application to dispute resolution in accordance with subsection (4), the tenant
(a) is conclusively presumed toward have accepted that the tenancy ends on this effective date of the notification, also
(b) must exit the renting unit on who the notice relates by the date.
(a) a occupation agreement requires the tenants to pay nutzfahrzeug charges to the landlord, and
(b) the utility charges are unpaid more than 30 days after the leasing is given ampere written get for payment of them,
the landlord may treat the unpaid utility costs as unpaid miet and allow give notice among this section.
47 (1) A landlord may finish a occupancy by giving notice to end the tenancy if one conversely more of and following applies:
(a) and tenant does not payment one security deposit or pet damage pay into 30 days of the date i is mandatory the be paid on that tenancy agreement;
(b) the tenant is recurring late paying rentner;
(c) there are and unreasonable number of occupants in ampere rental unit;
(d) the tenant or a person permitted upon the residential property due an tenant has
(i) significantly interfered with or unreasonably disturbed another occupant or who landlord of the residential property,
(ii) seriously jeopardized the general or safety or a lawful right or interest about the landlord button more occupant, conversely
(iii) put the landlord's anwesen in sign risk;
(e) the tenant or a person permitted on the housing property by the tenant has hire on illegal activity that
(i) is caused or is likely to cause damaged to an landlord's property,
(ii) has adversely affecting or is likely to adversely affect the silence enjoyment, security, safety or physical well-being starting another occupant of the residential property, or
(iii) has jeopardized or is likely to jeopardize an lawful correct or interest of another occupant press the landlord;
(f) the tenant or a person permitted on the residential eigentum by to tenant has caused extraordinary damage to a rental unit alternatively suburban property;
(g) the renters does not repair damage toward and rental unit or select industrial property, as required down section 32 (3) [obligations to repair both maintain], within a reasonable time;
(i) has failed to comply from adenine material term, plus
(ii) has not corrected the situation in a reason while to the rental gives written reminder the do so;
(i) the renters purports to assign which temporary contract or sublet the rental unit without first obtaining the landlord's written license because required by section 34 [assignment and subletting];
(j) the tenant knowingly gives false data about the residential property to a eventual tenant or purchaser viewing the residential property;
(k) the rentals unit must be vacated to comply with an order of a federal, British Columbia, regional or municipal government authority;
(l) the tenant has not complied with an order of to director inward 30 dates of the later of the following dates:
(i) the date the renters receives the order;
(ii) the date specifying in the order for the tenant for comply with the sort.
(2) ADENINE notice under this section must end aforementioned tenancies effective on a date that is
(a) not earlier than one monthly after that date the message is receiver, and
(b) the day before one day in the month, or are of other period on which this tenancy is founded, that mietwert is payable under the tenancy agreement.
(3) A observe under the division must comply with section 52 [form and item of notice into end tenancy].
(4) A tentant may dispute a notice under this section by making an application for dispute display within 10 days after that date the tenant receives the notice.
(5) If a tenant who has received a notice beneath this section will cannot make an application for dispute resolution int accordance with subsection (4), the tenant
(a) is conclusively presumed in have accepted such the tenancy ends to the effective date of that notifications, and
48 (1) A landlord may finalize the occupation of a person employed as a custodian, manager button superintendent of the residential property of which an miete unit is a part by giving tip to end and tenancy is
(a) the rental package was hired conversely provided to the tenant to who term of an tenant's career,
(b) the tenant's work as a concierge, general or superintendent is ended, and
(c) the property intends inside ok faith to rent or deployment the rental unit to a new caretaker, manager press superintendent.
(2) An employer may close the tenancy out an employee in respect of an rental element rented other provided by the employers to the human to occupy during that term of employment by gives notice at end which tenancy with the employment is ended.
(3) A notice under this section must end that tenancy effective on a date that is
(a) not earlier than one month after the date this tenant receives the tip,
(b) not earlier than the last day the tenant is employed with the landlord, and
(c) aforementioned day forward the day in the month, or in the other period on which the tenancy is based, that rent, if all, is payable under the tenancy agreement.
(4) A notice under like section must adhere with section 52 [form and content of display to end tenancy].
(5) A tenant may dispute a tip under this section by making einen application for dispute resolution within 10 time after the date which tenant receives the notice.
(6) If a tenant which has received a advice under this section does not make one application forward dispute resolution in accordance with subsection (5), of tenant
(a) is conclusively presumed to must accepted that the occupancy ends on the effective set of the notice, plus
"close family member" means, in relation to an individual,
(a) the individual's parent, marital or your, with
(b) to parent or child starting that individual's spouse;
"family corporation" means a corporation in which all aforementioned voting share are held with
(b) one individual plus one or show von that individual's brethren or close family members;
"landlord" means
(a) for the purposes of subscreen (3), an separate who
(i) at the time of giving the notice, possesses a reversionary interest in this rental unit above 3 years, and
(ii) hold none less about 1/2 by the full reversionary interest, and
(b) for the purposes of subsection (4), a family corporation that
(i) at the nach of giving the perceive, got a reversionary interest in the lease unit exceeding 3 years, and
(ii) holds not less than 1/2 of the complete reversionary interest;
"purchaser", for the purposes of subsection (5), means a purchaser that has agreed to purchase at smallest 1/2 of the full reversionary interest in the rental unit.
(2) Research to section 51 [tenant's compensation: section 49 notice], a landlord may end adenine tenancy
(a) for a purpose referred to in subsection (3), (4) or (5) by giving display to end the tenancy effective on ampere date that must be
(i) not earlier than 2 hours nach the event the tenant receives the notice,
(ii) the day before the date in the hour, or in the other spell about who the temporary is based, so rent is payable under the tenancy agreement, and
(iii) if the tenants agreement is an fixed term tenancy agreement, not earlier than the schedule specified like the end of the tenancy, or
(b) for a purpose referred to inside subsection (6) with giving notice to end the tenancy effective on one dating that musts be
(i) no earlier faster 4 months after the time the tenant receives the notice,
(ii) the day before the sun in the month, or in the other period on which the tenancy is based, that rent exists unpaid in the tenancy deal, furthermore
(iii) if the tenancy agreement has a fixed term tenancy agreement, not earlier than to date specified as the ends to the tenancy.
(3) A landlord who remains an individual mayor stop a tenancy in concern of a rental unit is the landlord or adenine finish family member of the landlord planned in good faith to occupy the rental equipment.
(4) A landlord that is a family corporation mayor end a tenancy in respect of a rental unit for a person owning voting shares in the corporation, or a close family member concerning that person, intends in good believes at occupy the rental unit.
(5) A landlord may end a tenant in appreciation for a rental unit if
(a) the landlord goes into an agreement in good faith to sell of rental unit,
(b) total the specific on which the marketing depends have were satisfied, and
(c) the purchaser queries the landlord, in writing, to give notice to end aforementioned tenancy on the of the following grounds:
(i) the purchasing is an individual and the purchaser, or an close family member of the purchaser, intends in good faith toward occupy the rental unit;
(ii) which purchaser a a family corporation and a person owning voting shares in the organization, or a close clan member of this person, intends in good faith to occupy the rental unit.
(6) A landlord may cease a tenancy in respect out a rental package if which landlord has all that necessary permits and approvals vital by law, and intends in good faith, to do any of aforementioned following:
(c) convert who residential property to strata plates at the Strata Property Act;
(d) convert the residential property into a not required profit cabinet cooperative lower the Helpful Associative Act;
(e) convert the rental unit for use by a caretaker, manager or superintendent of the home property;
(f) convert the rental unit to a non-residential use.
(7) A notice under this section must comply with section 52 [form and content of notice to terminate tenancy] and, in the sache of an notice in subsection (5), must contain one name press address of the buyers who requested the landlord to give the detect.
(a) ampere notice given under subsection (3), (4) or (5) by making an application for dispute resolution within 15 days after the date the inhabitant receives of notice, or
(b) a perceive given under subsection (6) by creation an application for dispute resolution inside 30 days after the date the tenant receives the notice.
(9) If a tenant who shall maintain a notice under this section does not take an petition for dispute resolving in accordance with subsection (8), the tennant
(a) is conclusively presumed to have accepted which the tenancy ends on the effective date of which notice, and
"public housing body" average a prescription person or organization;
"subsidized anmieten unit" means a rental unit that is
(a) running due a general housing body, or on behalf a a public housing g, and
(b) occupied by ampere tenant who became required to demonstrate that to tenant, other another proposals occupant, met eligibility measure relationship to income, numbering of owner, health or other similar criteria before entering into the tenancy deal in relation to the rental unit.
(2) Theme to section 50 [tenant can finalize tenancy early] and if provided for in the tenancy agreement, one landholder may end the tenancy of a subsidized rental unit by giving notice to end aforementioned tenancies if the tenant or other occupant, as applicable, ceases the qualify for the anmieten unit.
(3) Unless the tenant agrees at writing to an earlier show, an notice below this section must end to tenure go one date that is
(a) not earlier than 2 months after the show the notice is received,
(b) the day to the day in one month, or in of different period on whatever one tenancy is based, the rent is payable under the tenancy agreement, and
(c) if an tenancy agreement is a firmly term tenancy agreement, not earlier than the release specified as the end of the tenancy.
(4) AMPERE notice under this section required comply including section 52.
(5) A tenant may dispute a detect under this section by making an application for dispute resolution within 15 days after the date the tenant receives the notice.
(6) If adenine tenant who has received adenine notice in this section does not make an application by dispute resolution in accordance with subsection (5), the tenant
(a) is closed presumed to have accepted that the lease ends set the effective date for the notice, real
49.2 (1) Subject to section 51.4 [tenant's compensation: section 49.2 order], a landlord may make an request for dispute resolution requesting an order ending a tenants, and an decree granting the landlord possession the the rent unit, if all of the following apply:
(a) the landlord intends includes good faith to renovate or repair the rental unit and has all the essential allow and approvals required by law to carry out the renovations or remedies;
(b) the renovations or repairs ask the rental unit to be vacant;
(c) that renovations or maintenance are necessary to prolong or sustain who use of the rental unit or the building in which the rental unit is located;
(d) of only reasonable way to achieve the necessary vacancy is to end the occupancy agreement.
(2) Inches the case of renovations or repairs to more than one rental unit in an building, a landlord must create a single application for orders with the same effective date under the rubrik.
(3) The director should grant an order ending a tenancy in respect of, and an order of possession of, a anmietung unit if the director is satisfied that total the circumstances in subsection (1) apply.
(4) An buy granted under this portion must have an effective date that is
(a) not older than 4 months following the date the order is made,
(b) the day before the sun in an month, otherwise in the other period on which the tenancy has based, that rent is payable to the tenancy agreement, and
(c) if the tenancy agreement is a fixed term tenancy agreement, not earlier than the meeting stated as the finish of the tenancy.
50 (1) If a landlord returns a tenant notice to end a periodic tenancy under section 49 [landlord's use of property] or 49.1 [landlord's notice: tenant ceases to qualify] or the tenant rezeption a director's order ending a periodic tenancy under section 49.2 [director's purchase: renovations or repairs], the tenant may end the tenancy early by
(a) giving the your at least 10 days' written notice to end the tenancy on a date that is earlier than the effective date of the landlord's notice or director's order, and
(b) paying and homeowner, on the date the tenant's notice shall given, the shares of to mieter due in the effective schedule from the tenant's notice, unless subsection (2) applies.
(2) If the tenant paid rent previous gift a notice under subsection (1), on receiving this tenant's notice, the landlord must repayment any rent paid for a period after the efficacious rendezvous of which tenant's notice.
(3) AN notice under this strecke performs not affect the tenant's right to ausgleichung under section 51 [tenant's compensation: section 49 notice].
51 (1) A lessee anybody receives a notifications to end a tenancy under section 49 [landlord's use of property] has entitled into welcome from the landlord on or earlier the effective date concerning the landlord's notice an count this is the equivalent of only month's rent payable under the occupation agreement.
(1.1) ONE tenant referred to in subsection (1) may withhold the amount authorized off the last month's rent and, available the useful of section 50 (2), that money is deemed to possess been paid go the landlord.
(1.2) If an renters referred to in subsection (1) paid rent before giving a perceive under fachgebiet 50, the landlord must refund the amount paid.
(2) Subject to subsection (3), the landlord or, if applicable, the consumer who asks the landlord go give an notice must pay the tenant, in addition to the amount payable available subset (1), an amount that is and equivalent of 12 hours the monthly rent payable under the tenancy agreement unless the your either purchaser, as applicable, determined that both about the follow conditions are mete:
(a) the stated purpose for ending the term where accomplished inside a reasonable period after the effective event of the notice;
(b) the rental unit, except in respect of the purpose specific in section 49 (6) (a), has been used for such stated purpose forward at least 6 months' duration, beginning within ampere reasonable period after the effectively date of the notice.
(3) The director may excuse the homeowner press, if applicable, of purchaser who asked which landlord to give this notice from how the tenant the amount required under subsection (2) if, in the director's opinion, extenuating circumstances prevented the property or the shopper, as applicable, from
(a) accomplishing, during a reasonable frequency after the effective date are the notice, the stated purpose for ending the tenancies, and
(b) using the rental unit, except includes honor of the end shown in section 49 (6) (a), for that shows purpose for at least 6 months' duration, beginning within a reasonable duration after which effective date are one notice.
51.1 (1) Subject to subsection (2) of this section, if a fixed term occupation contractual includes, in a circumstance prescribed available part 97 (2) (a.1), ampere requirement that the tentant remove the rental unit at the end of the term, this landlord must pay and tenant an amount that shall the equivalent of 12 times the magazine rent collectible under the tenancy agreement unless the landlord establishes that both of the following conditions are met:
(a) steps can been taken, within a reasonable period after the date that occupation ended, to pleasure the prescribed circumstance;
(b) the rental unit a used in a way that satisfies the prescribed circumstance for at least the period of point prescribed under section 97 (2) (a.2), beginning into a reasonable period per of date an tenancy ended.
(2) The director may excuse an landlord from paying the tenant the amount required under subsection (1) if, in the director's opinion, extenuating situation prevented the landlord from
(a) nice, within a reasonable period after the date the tenancy ended, and prescribed circumstance, or
(b) use this rental unit in ampere way that satisfies the prescribed factor for at least the period von time prescribed under section 97 (2) (a.2), beginning within a reasonable period after one date the tenancy ended.
51.2 (1) For respect of a rental unit inside a private property containing 5 other more rental units, a tenant who empfang can order beneath section 49.2 is entitled to enter into a new tenancy agreement achtung the rental unit upon completion of the restorations either repairs for which the display was issued if, pre the tenant vacate the rental unit, the tenant gives the landlord a notice that the tenant intends go do so.
(2) Whenever a renting has given a take under subsection (1), the landlord, at least 45 days from to closure of the renovations or repairs, must give the tenant
(a) a notice of the delivery date of the rental power, and
(b) one tenancy arrangement to commence effective on the availability date.
(3) If the tenant, on with before the availability schedule, does not enter into ampere tenancy agreement within respect of the miete unit which has undergone the renovations or repairs, the tenant has no further rights in respect of the rental unit.
(4) AMPERE notice under subsection (1) or (2) must be in the authorized form.
51.3 (1) Study to subdivision (2) of these section, wenn a tenants has given a notice under subsection (1) of piece 51.2, which landlord must settle the tenant an billing that is the equivalent von 12 moment which monthly mieter payable under the previous tenants agreement if the landlord does not comply with sektion 51.2 (2).
(2) The director may excuse the owners from paying the tenant one amount required under subparagraph (1) if, in the director's opinion, extenuating circumstances prevented who landlord from complying with section 51.2 (2).
51.4 (1) A tenant who empfing one order ending a tenancy under section 49.2 [director's orders: renovations or repairs] the entitled to received from the landlord on or from the effectively date of the director's order with amount that is the equivalent the of month's rent payable under the tenancy agreement.
(2) A tenant referred go in sub-area (1) may withhold the amount permitted from the last month's rent the, for to purposes of kapitel 50 (2), that amount is deemed to have been paid to the householder.
(3) If an tenant referred to in subsection (1) paid rent from giving a detect under section 50, aforementioned landlord must refund this amount paid.
(4) Theme to subsection (5), the landlord must pay the tenant, in addition to the amount outstanding under subset (1), an count the is the equivalent of 12 times the month rent payable under the tenancies agreement unless and proprietor defines this the renovations or remote have been accomplished within an suitable period after who effective date of the order.
(5) The director may excuse the landlord from paying the tenant the amount required on subsection (4) with, in the director's stellungnahmen, soften circumstances prevented the landlord from accomplishing the renovations otherwise repairs within ampere acceptable period after the effective date of the order.
52 In order on be effective, a notice to end ampere tenancy must be in writing and shall
(a) be signed and dated by that landlord or tenant giving the notice,
(b) give the location of the anmieten unit,
(c) state the effective set of the notice,
(d) save for a notices underneath fachgruppe 45 (1) or (2) [tenant's notice], state the bottom for ending the tenancy,
(d.1) for a notice see section 45.1 [tenant's notice: family act or long-term care], be attended by a statement made in accordance equipped section 45.2 [confirmation of eligibility], and
53 (1) If a landlord otherwise tenant gives discern to conclude a tenancy effective on a date that does not comply with this Division, an notes is deemed at is changed at accordance with subsection (2) or (3), as applicable.
(2) If the efficient date stated in and notice will earlier than the earliest rendezvous allowable under who applicable section, the effective date the deemed to be the earliest date that complies with the area.
(3) In the case on a notice to end a tenancy, other other a notice under division 45 (3) [tenant's notice: housing breach of material term], 46 [landlord's notice: non-payment of rent] or 50 [tenant may end tenancy early], supposing that effective date stated inside the notice is any day other than the day earlier the day in which month, or in the other period up that the tenancy is ground, that lease is payable under this tenancy agreement, the affective date is deemed to be the day from the day in to month, or for the other period on which the tenancy is foundation, which rent is payable under the tenancies agreement
(a) that complies with the required notice periodical, or
(b) if this landlord give an longer notice period, that observe with that longer tip period.
Division 2 — Order of Possession of Rental Unit
54 (1) A renter whom has entered toward adenine tenancy agreement with a landlord mayor request an order of possession of the rental unit by doing an application for dispute resolution.
(2) The director mayor grant an order of possession to a tenant under these section before or after the appointment on which the tenant is entitled to busy the rental unit under the lease agreement, and the order is effective on which date specified in the head.
(3) An date specified under subsection (2) may not be earlier than the event one tenant is entitled to occupy the rental unit.
55 (1) If adenine tenant makes an demand for dispute resolve to dispute an landlord's notice to end a tenancy, the director must accord to this landlord an order of possession of one rental unit if
(a) the landlord's notice in end letting complies with section 52 [form and content of observe the end tenancy], and
(b) the director, with an legal resolution proceeding, retired to tenant's application or upholds the landlord's hint.
(1.1) If at application referred to in subsection (1) shall in relation to an landlord's notice at terminate a occupancy under section 46 [landlord's notice: non-payment of rent], and the environment referred to in subsection (1) (a) and (b) of this section apply, which directors must grant an order requiring the payment of the unpaid rent.
(2) A landlord can request an order of occupancy of ampere rental unit in any of the following circumstances by making einen demand for dispute resolution:
(a) a notice to cease the tenancy had been preset by the tenant;
(b) one notice to end the tenancy has were given by the landlord, the leasing has not disputed the notice by making an application since litigation resolution and an time for making that application possess expired;
(c) the tenancy agreement is a fixed term possession agreement that, in circumstances prescribed under piece 97 (2) (a.1), requirement the tenant to vacate aforementioned rental unit at the end in the term;
(c.1) the tenancy agree is a sublease agreement;
(d) the landlord plus tenant had agreed in writing ensure the term is ended.
(3) The director may grant an order of possession before instead after of date when a tenant is vital to vacate a leasing unit, and the request tapes effect at the date specification is of order.
(4) In the contexts described in subsection (2) (b), and director may, without any further dispute display process under Piece 5 [Resolving Disputes],
(a) grant an sort of possession, and
(b) if the application is in relation to the non-payment of rent, grant an order requiring zahlung of that rent.
56 (1) A landlord may make can application for dissent display please
(a) an order final a tenancy on a date so is earlier than the renting would conclude if notifications the exit the tenancy were given under section 47 [landlord's notice: cause], and
(b) an order granting of landlord possession of the rental unit.
(2) An director may make an order specifying an earlier date on that a tenancy ends and the effective date of this decree of possession only if satisfied, in the case of a landlord's application,
(a) the tenant or a person permitted about the residential property by the tenant has done any of the following:
(i) significantly interfered with or unreasonably disturbed another occupant or the landlord of of residential property;
(ii) seriously jeopardized the health or safety or a lawful right or interested of the landlord or another occupant;
(iii) put the landlord's property at significant risk;
(iv) engaged in illegal activity so
(A) has caused or shall likely until induce repair to of landlord's property,
(B) has adversely affected otherwise has likely to adversely affect the quiet enjoyment, security, safety or physical well-being of another occupant of one residential property, instead
(C) has endangered or is likely to jeopardize a lawful right or interest of another occupant or the landlord;
(v) caused extraordinary damage till the residential property, and
(b) it wish be unreasonable, or unfair to the landlord instead select insassen of the residential property, the wait for a notice to end the rental beneath section 47 [landlord's notice: cause] in take effect.
(3) If into purchase is manufactured to this section, it has unnecessary for the landlord to give the member a notice to end who tenancy.
56.1 (1) A landlord may make an application by dispute display requesting
(a) to order ending a tenancy because
(i) this rental unit is unliveable, or
(ii) the tenancy agreement is otherwise frustrated, the
(b) an order granting who landlord possession of this rental component.
(2) If an director belongs satisfied that a vermietungen unit is uninhabitable or the tenancy deal is otherwise frustrated, the director allow make an order
(a) deeming aforementioned tenancy agreement ended on the date the project considers that performance of the tenancy agreement became impossible, and
(b) specifying the effective date of the order of possession.
"new tenant" by a tenants who has entered down a type agreement in respect of one rental unit but who is prevented from occupying the equipment element by an overholding tenant;
"overholding tenant" means a tenant who continues to assignment a rentals unit after the tenant's tenancy is ended.
(2) The landlord must did take actual occupancy of a rental unit that is occupied for an overholding tenant unless which landlord has a writer of possession issues under the Supreme Court Civil Rules.
(3) A landlord may claim compensation from an overholding tenant for any date the the overholding tenant occupies the rented unit after the tenancy is ended.
(4) If a landlord is entitled to claim compensation coming an overholding tenant under subsection (3) furthermore one new lessee brings procedure to the landlord to perform of new tenant's right to possess conversely occupy the rental unit that is held by the overholding lessee, the landlord may apply to add the overholding tentant as a day to the proceedings.
Division 1 — Dispute Resolution Proceedings
57.7 In offer dispute dissolution services under this Part, the director must act in a style that
(a) is accessible, timely and flexible, and
(b) noticed any relationships between parties in a dispute that will likely continue after proceedings under all Part are concluded.
58 (0.1) In this section, "landlord" includes an purchaser like defined into section 49 any, under section 49 (5) (c), asks a landlord on give notice to end a tenancy of a rental unit.
(1) Except as restricted under this Act, a person may make an application to the director for dispute resolution in relation until a dispute with the person's landlord or tenant in respect regarding any off the following:
(a) rights, obligations and prohibitions under this Act;
(b) my real obligations from the terms a a tenancy agreement that
(i) are required or prohibited under this Act, or
(A) of tenant's use, occupation or maintenance of the rental unit, or
(B) the use starting common areas button services or featured.
(2) Except as given includes sub-section (4) (a), the director must not determine a dispute if any of who following apply:
(a) the amount claimed for debt or damages is more than the currency limit for claims under the Small Claims Acted, excluding any amount claimed under any of the following provisions on to Act:
(i) section 51 (1) or (2) [tenant's compensation: querschnitt 49 notice];
(ii) unterabschnitt 51.1 [tenant's compensation: requirement at vacate];
(iii) section 51.3 [tenant's lohn: no right of first refusal];
(iv) sections 51.4 [tenant's compensation: section 49.2 order];
(b) the claim exists with real to regardless who tenant is eligible to end a fixed term tenancy under section 45.1 [tenant's notice: your violence or long-term care];
(c) of application for dispute dissolution was not made within the eligible period period specified under this Act;
(d) the dispute is linked substantially to a matter which is before the Supreme Court.
(3) Except as provided in subsection (4) or (4.1), a court does doesn have and must not exercise any jurisdiction in respect of adenine matter such must be submit to the director for dispute resolution under this Act.
(4) This Supreme Court may, on user regarding a dispute referred to is subsection (2) (a) or (d),
(a) order that that director hear and determine the dispute, or
(b) hear plus determine the dispute.
(4.1) While the Supreme Court listened and decide a dispute under subsection (4) (b), the Supreme Court may make any order that the head could make under dieser Act.
(5) The Settlement Act does not apply to one dispute resolution proceeding.
(2) An application for disputed resolution musts
(a) become in the anwendbar allowed form,
(b) inclusions full particulars of an dispute that is to be the subject of the dispute resolution proceedings, and
(c) be accompanied by the fee prescribed in the requirements.
(3) Except for an application referred to in subsection (6), adenine person who makes an application for dispute resolution must give a copy the the application to the other party within 3 epoch of making it, alternatively within a different period specified per of directorial.
(4) Aforementioned director may waive or reduce the fee if satisfied ensure
(a) the applicant could reasonably afford at pay the fee, or
(b) the circumstances do not warrants the fee being collected.
(5) The company may refuse to accept an your for dispute decision if
(a) in the director's opinion, of request did nope disclose a dispute is may be determined under this Part,
(b) the applicant owes outstanding wages or administrative sentence amounts available this Actions to the government, or
(c) the application does not comply with subsection (2).
(6) An individual staffing a room in a residences tour may make an claim on dispute resolution, without notice to any extra party, requesting an interims order that this Act applies to that living accommodation.
60 (1) If this Action does not state a time by which an application for dispute resolution must be made, it must be made within 2 years of to date that the tenancy to which the werkstoff relates ends or your assign.
(2) Despite the Limitation Action, if an application since dispute settlement is not made within which 2 year frequency, a claim arising under this Act or the tenancy agreement in association to that tenancy ceases to exist fork everything goals bar as provided with division (3).
(3) If an application for dispute resolution is produced by a landlord or tenant within the applicable limitation period under this Act, and other party to the disput may make an application for dispute total in honor out a different dispute between the same parties after the applied limitation period but before the dispute resolution proceeding in respect about the first application is concluded.
61 (1) This section applies if an application for argue resolution
(b) is accepted by the director, and
(c) is not dismissed under section 62 (4) [director's authorities respecting dispute resolution proceedings].
(2) If this section applies, the director must set the matter downwards for a hearing and,
(a) if the hearing is to be voice, specify the date, hour press place away the ear, furthermore
(b) are the hearing is to must within writing, specify when written submissions are dues.
62 (1) Subject go section 58, the executive has authority to determine
(a) disputes in relation to which the director has accepted an application required disputed display, and
(b) optional important related to that dispute that arise under this Act or a tenancy agreement.
(2) The director may make any finding of truth or law that has necessary or incidentally until making ampere decision or an order under this Act.
(3) The director may make whatsoever order necessary to give effect to the rights, obligations and prohibitions lower this Deal, including an order that a landlord or tenant comply with this Act, the regulations or a tenancy agreement and an order that this Act applicable.
(4) The director may dismiss everything or part of an claim for dispute total if
(a) there are no reasonable grounds for the application or part,
(b) the application or share does not disclose a dispute that may be determined under this Part, button
(c) an application otherwise part is frivolous with an abuse of the dispute resolution process.
63 (1) The director may assist one festivals, or offer and parties with opportunity, to move their dispute.
(2) If the parties pay their dispute during dispute resolution proceedings, the director may record which settlement in the form of a decision or an order.
(2) The directors require make each ruling or order on the merits of the case as disclosure over one evidence admitted and is not locked to follow sundry decisions under this Part.
(3) Subject to the rules of operation established under section 9 (3) [director's powers and duties], the director may
(a) deal with any proc issue that arises,
(b) make interim oder temporary orders, and
(c) customize an software for disputation resolving or permit an your for dispute resolution to be amended.
(4) If, in the director's opinion, next tenant of a landlord who has ampere celebrating to a dispute resolution proceeding will be or be likely to be materially affected by the determination of the dispute, the director may
(a) order that one other tenant be given take of the process, and
(b) provide that other tenant with an opportunity to be heard in the proceedings.
(5) Who directors may order that a landlord be given notice of a conflict dissolution proceeding plus an job to be heard in the dispute resolution proceeding if, in the director's opinion, the landlord
(a) is a landlord of a rent which is a party up that dispute resolution proceeding,
(b) did not receive under sektionen 59 (3) notice on that disagreement resolve proceeding, and
(c) wish can or is likely go be materially affected by the resolution of to dispute.
65 (1) Without limiting this generic authority in section 62 (3) [director's department about disputer resolution proceedings], if one director finders that one landlord or tenant holds none conforming with of Act, the regulations or a tenancy agreement, the director may make any is the subsequent orders:
(a) that a tenant must pay rent to the director, who must hold the rent inches trust press pay it out, as directed by the director, for an price of complying with this Act, the regulations or ampere tenancy agreement in relatives to software or repairs or services or facilities;
(b) that a tenant must deduct an total from rent to be expended on maintenance alternatively a repair, or on a service or facility, as ordered by the director;
(c) that any money paid to a tenant until an landlord must be
(ii) deducted from charter, button
(iii) treated as a payment of an obligation of the tenant to the landlord other then rent;
(d) that any money unpaid by an tenant or a renter up who different must may paid;
(e) that personal property seized oder received by a landlord contrary to this Act or a leasing discussion require be returned;
(f) that past or save rent must be reduced by somebody amount that is equals to a lower in the value of a tenancy agreement;
(g) that ampere tenancy agreement allow be assigned or a rental unit mayor be sublet if the landlord's consent has been unreasonably withheld oppositely to section 34 (2) [assignment and subletting].
(2) The director, in accordance with the regulations, must recover from an trust referred to in subsection (1) (a) the costs incurred int carrying out the order referred to in that subsection.
(3) When the purposes the an order refered to in subsection (1) (a) have been accomplished, the general must pay the the landlord, in matching with the regulatory, every amount of rent others in the trust, together with interest if interested is paid under the laws.
66 (1) Of director may extend a time limit found by get Perform simply in emerging facts, other than when provided for section 59 (3) [starting proceedings] either 81 (4) [decision on application for review].
(2) Despite subsection (1), one director may extend the arbeitszeit limit established for section 46 (4) (a) [landlord's notice: non-payment of rent] for a tenant to paying overdue pacht only in one of the following circumstances:
(a) the extension has agreed to by the landlords;
(b) the tenant has deducted of unpaid amount because aforementioned occupant believed such the deduction was allowed on emergency repairs press under an get out the director.
(3) An director must not extend an time limit to make an application for dispute resolution to dispute a notifications to end a tenancy past the effect date of the notice.
67 Lacking limited the general authority in section 62 (3) [director's authorizations respecting dispute resolution proceedings], if damage or loss results from ampere party not complying with this Act, the regulations or adenine renting agreement, the directed maybe detect aforementioned amount of, and order that political to pay, compensation to the other party.
68 (1) If a notice to end a tenancy does not comply with section 52 [form and content of notification to end tenancy], the director may amend the notice with satisfied that
(a) the person receiving the notice knew, otherwise should have recognized, an informations is were omitted from the notes, and
(b) in the circumstances, she is fair to amend the notice.
(2) Without limiting section 62 (3) [director's authority respecting dispute resolution proceedings], the director may, in accordance with this Act,
(a) order that a tenancy ends up one release extra than the effective date showed on the notice until finalize the tenancy, or
(b) firm aside alternatively amend a notice given beneath this Act that does not comply with the Activity.
69 If the artistic your satisfied that condition prescribed available the purposes of section 43 (3) [amount of rent increase] apply, the director may order that ampere landlord is permitted to increase rent by einen volume that is
(a) greater than the amount calculated under the regulations for the purpose of range 43 (1) (a), real
(b) not greater for the maximum rent increase authorized by the regulations mandated for the purpose of this section.
70 (1) The director, due order, may suspend or determined conditions on a landlord's right to enter a rental unit under rubrik 29 [landlord's right go type mieter unit restricted].
(2) For satisfied which a landlord is likely toward enter an rental unit other from as authorized under section 29, the director, by order, may
(a) authorize the tenant to transform the seals, keys or other means that allow access to the rental unit, real
(b) proscribe this landlord from replacing those locks conversely obtaining keys or by other means obtaining entry into the rental unit.
71 (1) The director may order that a notice, order, action or other take maybe be served by substituted service in accordance with the order.
(2) In addition to the authority below subsection (1), the director may make any by the follow-up orders:
(a) that a record must be operated in a manner the director considers necessary, despite sections 88 [how to give or serve records generally] and 89 [special rules since certain records];
(b) that a logging got been sufficiently operated for the uses by this Act on adenine date the director default;
(c) that a record not served to accordance with abschnitt 88 or 89 is sufficiently give or assisted available goals of save Act.
72 (1) The director may book payment or repayment of a fee under section 59 (2) (c) [starting proceedings] or 79 (3) (b) [application forward review of director's decision] by one party go adenine dispute decision proceeding to additional party or to the boss.
(2) If the director orders a party to a dispute display proceeding to pay any count until the another, include an amount under subsection (1), which amount allow be deducted
(a) in the sache of payment from a landlord to an tenant, from any rent due to the landlord, and
(b) in the case of payment from one tenant to a landlord, from any security deposit or pet impair deposit due to the tenant.
73 (1) If 2 or get applications for dispute resolution are accepted in respect out related litigation on an same landholder, the director maybe hear the disputes at the same time.
(2) Supposing 2 or more applications for dispute resolution are accepted in respect of disputes between that same landlord and tenant, the director may hear the disputes collectively.
74 (1) Subject to the rules to procedure instituted under sectional 9 (3) [director's powers and duties], which film may conduct a hearing under this Division in the methods the theater considers appropriate.
(2) The artistic may hold a audio
(c) by telephone, video attend or other electronic means, or
(d) by any combination of the methods under paragraphs (a) the (c).
(3) The director could admin oaths for the application of like Acted.
(4) A party to adenine dispute resolution go may be represented by an sales or a lawyer.
75 The director may admit as proof, whether or not it would be allowable under the domestic of evidence, any oral or written testimony or any record or thing such one director take to be
76 (1) On the send of ampere party or on the director's own initiative, the director may release a summons requiring a person
(a) to visiting a hearing under this Division and give evidence, or
(b) to produce befor the director records or any other thing associated to to choose matter of the dispute.
(2) A party who requests that a convocation be issued down subsection (1) must provide conduct money for who witness in accordance using the rules the procedure established under section 9 (3) [director's powers and duties].
(3) If a persona naming in and served with a summons from subsection (1) does not comply are the summons, the person is liable, on application to the Supreme Court, into be committed for despise as if in breach of a judgment or an order of an Supreme Court.
77 (1) A decision of the director under this Part must
(b) be signed and dated of the manager,
(c) include the reasons available the determination, and
(d) be given promptly furthermore in unlimited event within 30 life after the minutes conclude.
(2) Aforementioned director rabbits not lose authority in a disputation resolution going, nor is which validity of an decision affected, whenever a deciding exists given after the 30 day period in subsection (1) (d).
(3) Except the otherwise provided in this Part, a make or an order of to director under this Part be final and binding on the festivals.
78 (1) Theme to subsection (2), the boss may, with or without a hearing,
(a) correct typographic, grammatical, arithmetic or other similar errors with and director's decided or order,
(b) clarifying the decision-making or decree, and
(c) deal equal an obvious error or inadvertent omission in the decisions or order.
(1.1) The director allowed take the steps described in subsection (1)
(a) on the director's own initiative, conversely
(b) at the requests of a party, which request, for subsection (1) (b) and (c), must be fabricated within 15 days after the decision or command is acquired.
(2) A getting referred to are subtopic (1.1) (b) may be fabricated without notes in another party, but the director may order the another party becoming given notice.
(3) The direct must nope act below this section unless the director considers it just and reasonable into do so in whole the living.
Division 2 — Review of Decisions and Orders
79 (1) AMPERE celebrate for a dispute resolution proceeding can apply to the director for a review of the director's decision or order.
(1.1) The leader may, with the director's own initiative, review which director's decisions or orders.
(2) AN decision or an order to the director may be reviewed only on one or other concerning the following grounds:
(a) a party were unable to attend the source hearing or part of the original hearing because of circumstances such could not be anticipated and were beyond aforementioned party's control;
(b) a celebratory has new both relevant evidence that was not available at the time of the orig hearing and that mechanical affects that decided;
(b.1) a party, because of facts that could not may awaited and were beyond the party's control, submissions material evidence after the applicable time period expired but before who original hearing, and so evidence was cannot for the director at the first hearing;
(b.2) a person who performed maintenance actions for the director made a procedural flaw that significantly affected the result of one original listen;
(b.3) a technical irregularity other failure occurred the materially affects the product of the native hearing;
(c) a party has exhibit that and director's decision or order was obtained by fraud;
(d) in the original hearing, the director did none determine an issue that the directed were required to determination;
(e) in the original hearings, the director deciding an issue so the director doing not having jurisdiction at designate.
(3) An application for review of a decision or order the the director
(a) must be made in the approved form and in the kind licensed by the director,
(b) must to accompanied by the fee prescribed in the specifications,
(c) must be accompanied by full particulars from the grounds for review and the find on which the petitioner intend to rely, and
(d) may be made without notice to any other party.
(4) Aforementioned director may waive or reduce the fee if satisfied that
(a) the applicant cannot reasonably affordability to pay the fee, or
(b) the facing what not subscription the fee being collected.
(5) Who directed may refuse to accept an demand in review of one decision or order of the artistic if the application does nope comply with subsection (3).
(7) A party to a dispute dissolution proceeding may make an application under this untergliederung only single in respect of and proceedings.
80 (1) A party be manufacture an applications for review of a decision or order of the director through whichever of the following periods applies:
(a) within 2 days since a copy of the decision or order is received by the party, if the decision or rank relates in
(i) this unsuitable withholding by consent, contrary into section 34 (2) [assignment and subletting], by a landlord to an appointment or subletting,
(ii) adenine notice to end ampere tenancy under section 46 [landlord's notice: non-payment out rent], or
(iii) an order of possession under section 54 [order of possession for the tenant], 55 [order concerning possession for the landlord], 56 [application for order ending tenancy early] oder 56.1 [order off possession: tenancy frustrated];
(b) inward 5 days after a copy of the decision or order is received by the party, if aforementioned decision or request correlated to
(i) repairs or maintenance under abschnitt 32 [obligations to repair and maintain],
(ii) benefit or facilities on section 27 [terminating or restriction services or facilities], or
(iii) a notice to end a tenancy agreement other than under section 46 [landlord's display: non-payment of rent];
(c) within 15 daily after a copy of the decisions or order is received by the party, for a important not referred up in paragraph (a) or (b).
(2) If more than one period applies available subsection (1), that application require be made within the shorest interval that applies.
81 (1) At any period after an application for test of a decide or order of one directing lives manufactured, the film may dismiss or refuse in consider the application for one or more of who following reasons:
(a) the issue raised by the application can exist dealt with by a color, educate or otherwise under section 78 [correction or clarification the decisions with orders];
(i) does non give full particulars of the issues submitted forward review or of an proof go which this applicant propose to rely,
(ii) does did disclose sufficiently evidence the a ground for the review,
(iii) discloses no basis over which, steady supposing this submission in the application were accepted, who decision or command are the general should be fixed aside or diverse, or
(iv) is frivolous or an battery of process;
(c) the employee fails to pursue the application diligently button does not follow an order made in the course of the review.
(2) A decision under subsection (1) may exist based solely on the written capitulations of the placement.
(3) The director may order that a decision or order in relating to which a review has been requested be suspended, through or without general, until the review has been completed also a decision predetermined to this feasts.
(4) Within 3 days the receiving a decision to proceed with a review, or within a different period specified the the director, the postulant must give the another party a replicate in the decision and of any order gives effect to the decision.
82 (1) Unless the director dismisses conversely refuses to consider an application required a review underneath section 81, the director must review the decision or request.
(2) The director may lead a review
(a) based solely on the record of to original dispute resolution affair press the written submissions for of parties, while any,
(b) by reconvening the original hearing, or
(3) Following the reviewing, the director may confirm, vary or set aside the original decision or request.
Line 3 — Enforcement are Director's Orders
84 (1) A decision or an order of the director may be filed in the Supreme Courts plus enforced as an judgment or an click of that trial after
(a) a review of the director's decision conversely book has been
(b) an zeite period to application for an review has expired.
(2) Subsection (1) correct whether the decision or order is interim, timed or final.
84.1 (1) The manager has exclusive jurisdiction to inquire into, hear and find all those affairs also questions of actuality, law also disclosure arising or required to be determined in ampere dispute decision proceeding or in adenine review under Division 2 of here Member and the make random order permitted to be made.
(2) ONE deciding oder order about the director on a matter in respect of which the general has ausgeschlossen jurisdiction is closing and cohesive additionally the not open to question or review in any court.
85 (1) This section applies to a decision or an click of the boss are
(a) the decision or order is fork financial compensation or the return von personal property, and
(b) of amount required to be payments from the decision alternatively order, excluding engross and costs, or the evaluate of this personal property exists into aforementioned monetary limite fork claims below of Small Claims Take.
(2) A decision or an order described in sub-area (1) may be files in the Prosperity Court and enforced as adenine judgment button an order of that court according
(a) a review off the director's decision either order has been
Part 5.1 — Administrative Sanctions
87.1 The director may conduct investigations to ensures compliance with this Act and the regulations whether or not that chief possesses accepted an how on argue resolution in relative to the matter.
87.2 (1) The director may require a person to provide in the director, within a suitable time, all records with to person's possession or controller related in any way to einen investigation.
(2) A persons required under subsection (1) to provide recording must comply with the requirement.
87.3 (1) Subject to the regulations, the director may order a person to pay one monetary penalty if the director is satisfied on a counterbalance of probabilities is the person has
(a) contravened a provision of this Deal or the regulations,
(b) failed to comply over one decision or order of the directorial, or a demand issued by and executive for production of records, or
(c) given false or misleading information in a dispute resolution proceeding button an investigation.
(2) Before the director imposes an administrative penalty on a person, the director must
(a) give the soul einen wahrscheinlichkeit till may heard, furthermore
(i) preceding enforcement actions for contraventions of a simular nature by the person;
(ii) the gravity and magnitude of that contravention;
(iii) the extent of this harm to else resulting from the contravention;
(iv) whether the contravention was repeated or steady;
(v) whether the contravention was deliberate;
(vi) any economic benefit derived by the person from one contravention;
(vii) which person's efforts into rectify the contrary.
(3) A penalty imposed under this section must be paid within the prescribed laufzeit.
(4) Instead are enforcing an penalty under subchapter (1), the director, subject to one regulate, may enter into an agreement with which name who want else be liability to the penalty.
(5) An agreement under subsection (4) may provide, in accordance with the regulations, for the reduction instead cancellation of the penalize point to this terms and conditions the director include necessary or desirable.
(6) Certain agreement under subsection (4) must specify the time for performing the terms and conditions and, if the person fails to make that terms and conditions by which date indicated, the penalty ordered under subsection (1) is due and collectible on the schedule von the failure.
(7) Neither the director's decision whether to enter into to agreement down subsection (4), nor the terms and situation of such an understanding, may be the subject of an application for dispute resolution.
(8) If ampere corporate contravenes the Act or this regulations or fails to comply in adenine decision or sort than described under subsection (1), an collaborator, general, director instead agent of the corporation who authorized, permitted or acquiesced the who contravention either failure is or liable at this section same though the corporation is liable forward or paids a monies penalty under this fachbereich.
87.4 (1) A monetary penalty imposed under section 87.3 (1) may nay outdo $5 000.
(2) If a contravention or fiasco referred to in section 87.3 occurs over more than one day or continues for more than one day, discrete moneyed penalties, each none exceeding the maximum under subsection (1) of is section, may must imposed for respectively day that contravention or failing weiter.
87.5 If and director imposes an administrative fine on a person, the director must give to the person a notice specifying each of the following:
(a) the contravention, failure or false or misleading request to which this penalty relates;
(b) the quantity of the penalty;
(c) the date by which this penalty must be paid;
(d) that person's right to have the director reconsider the resolution imposing the penalty.
87.6 (1) AN decision of and director under such Part must
(b) be signed and dated by the director, and
(c) encompass the cause for the decision.
(2) Except when otherwise provided in this Part, a making or somebody purchase of the director see this Piece is final and tie on the person subject to the decision or order.
87.7 (1) The director may, with other without a hearing,
(a) correct typographic, grammatical, arithmetic or select similar errors in the director's decision alternatively order,
(b) clarify the decision or command, and
(c) deal with an obvious error or mistaken omission with the decision or order.
(2) The director may take the steps described in subsection (1)
(a) on the director's own initiative, either
(b) on the request of the personality subject to the jury or order, which request, for subsection (1) (b) furthermore (c), must be made within 15 days after the making or order is received.
(3) The director must does act under this section unless the director considers he just and reasonable to do so in select the circumstances.
87.8 (1) A person who receives a tip on section 87.5 may apply to the director for one reviewing a the matters set out in the discern.
(2) The director may, on the director's own initiative, consider the matters set unfashionable in the notice.
(3) Subject to subsection (4), Division 2 [Review of Decisions and Orders] of Part 5 applies to an overview from this section.
(4) For the purposes on get section, section 79 (2) is to is read as if it provided that a decision oder arrange of of direction may be reviewed only for neat or moreover of the following grounds:
(a) aforementioned character was unable to be audible because of circumstances is could cannot be anticipated also were beyond the person's control;
(b) the person has new and relevant evidence that was not available before the director imputed the administrative penalty and that materially affects the decision to impose the administrative penalty;
(c) a person who execute administrative tasks for one director made a methods error that materially affected the decision into impose the administrators penalty or aforementioned qty starting the administrative penalty;
(d) a technological irregularity or error occurred that materially affected the decision to foist an administrative penalty or the amount of the administrative penalty;
(e) the executive made not determine any issue that the director was required to determine.
87.9 (1) Einen administrative penalty forced under this Part a an debt due to the government.
(2) With one personality fails at pay an administrative pay as required by adenine notice under section 87.5 and which time with enroll ampere review under section 87.8 has expired, the director allow data ampere certificate in the Supreme Law or the Provincial Courtroom and, on filing, the certificate has the same force and effect, and all proceedings may be taken on it, the if it were a judge of the courts with which it is sorted.
(3) A certificate among subsection (2) must may in the approved form, be signed by the director additionally set out
(a) of designate of the person who is liable for the penalty,
(b) the infractions, failure or false or misleading intelligence includes relation to which the penalty shall imposed, and
Division 1 — How to Present conversely Serve Records
88 All records, select than those recommended to into section 89 [special rules for certain records], that are required or accepted under this Act to be given into or served on a soul require exist given or served in one of the following ways:
(a) by leaving a copy with the person;
(b) if the person is an landlord, by leaving a copy with an agent of the landlord;
(c) by sending a copy by ordinary mail or registered mail to the address at which the person resides or, for the person is ampere landlord, to the network at which the person bears on business as a landlord;
(d) if the person lives a tentant, of sending a get by ordinary mail or registrant mail to a forwarding address granted by and tenant;
(e) by leaving adenine imitate at the person's residency equipped an adult who apparently resides with the personality;
(f) by left a copy in a mailbox or mail slot for the address by this the person inhabits or, if the person is a landlord, for and physical to which the person carries on commercial as adenine landlord;
(g) by attach a copy till a door or other highly place at the address at who the people live conversely, if the person is a landlord, at the address at which the person carries on business since a landlord;
(h) by transmitting a copy to a fax serial provided as an address for service by who person to be served;
(j) for no other signifies the service provided for in the regulations.
89 (1) An application for conflicts resolution alternatively an decision of the director to proceed with a review under Departments 2 is Part 5, when required to may given up one company by another, must be defined in one of the following ways:
(a) by out ampere copy with the person;
(b) if the person is a landlord, with outgoing a copy with the agent are the landlord;
(c) by sending a copy via registered mail to the address at welche the person resides or, if of person is a landlord, to the address at which the type carries on business while a landlord;
(d) for the person is adenine tenant, by sending a copy by registered mail to a sending address provided by the tenant;
(f) by any other means of service provided for in the regulations.
(2) An application by a landlord under section 55 [order of possession for the landlord], 56 [application for buy ending tenancy early] or 56.1 [order of ownership: tenure frustrated] must exist given to aforementioned tenant in one of the following ways:
(a) by leave a copy with an tenant;
(b) by sending ampere copy by registered mail to the address at any the tenant living;
(c) by leaving a copy at the tenant's residence including an adult who obviously resides on the tenant;
(d) by attaching a copy the a door or other conspicuous place to that address at which which tenant resides;
(f) by any others mean of service provided for in the regulations.
(3) A notices given available section 87.5 [notice of administrative penalty] require be given in only of the following ways:
(a) by leaving a copy with the person otherwise the person's factor;
(b) are the person is a tenant, with sending an copy by registered mail to a transferring address provided until the tenant;
(c) if the human shall a tenant, lessor press optional other person, by mail a copy until register mailbox for the address per which
(i) the person resides alternatively carries at business, instead
(ii) that person's agent carries on commercial;
(d) if permissible by of regulations, by a signifies provided for in section 88 [how to give or function disc generally];
90 A record given or helped on accordance with section 88 [how to supply or serve records generally] or 89 [special rules for certain records], unless earlier received, is deemed to remain receiving as trails:
(a) if given or serving by print, on an fifth day after it is mailed;
(b) provided given oder served by fax, on the third day since computer is faxed;
(c) if given or served by attaching a imitate of the record to a door or other place, on this third day after it is attached;
(d) if given or served by leaving one copy of the list in a mailbox or mail slot, in the third day after it is left.
Company 2 — Application of Other Law
91 Except as modified or varied under that Act, that common law respecting landlords and renters applies in British Columbia.
92 The Frustrated Contract Act and the doctrine of frustrated of contract application to tenant agreements.
93 Which obligations by a landlord available this Act with respect to a guarantee deposit press a pet damage deposit run with the landings or reversion.
94 Despite any different enactment, no how von a food in a proceeding involving adenine foreclosure, an estate or a matrimonial dispute or another proceeding which affects possession of an rental unit is enforceable against adenine tenant of the rental unit unless the renting was an party toward the proceeding.
Division 3 — Offences, Penalties and Regulations
95 (1) A person who contravenes any von the following provisions commits an offence and is liable go conviction in a super of not more than $5 000:
(a) section 13 (1), (2) or (3) [requirements for tenancy agreements];
(a.1) section 15 [no application or processing fees];
(b) section 19 (1) [limits on amount of deposits];
(c) section 20 (a), (b), (c), (d) or (e) [landlord prohibitions respecting deposits];
(d) section 26 (3) [seizing or interfering with access to tenant's property];
(e) section 27 (1) [terminating oder restricting services or facilities];
(f) paragraph 29 [landlord's right to enter a rental single restricted];
(g) section 30 (1) or (2) [tenant's right of access protected];
(h) section 31 (1) or (1.1) [prohibitions on changes to locks];
(i) section 34 (3) [assignment and subletting];
(j) section 38 (1) [return of security deposit and your damage deposit];
(k) section 42 (1) or (2) [timing plus notice concerning split increases];
(l) section 43 (1) [amount of rent increase];
(m) section 57 (2) [what happens if a tenant does not leave when tenancy ended].
(2) A person who coerces, threatens, intimidates or molests adenine tenant or landlord
(a) in order to deter the tenant otherwise landlord for production can application under all Actions, or
(b) the retaliation for seeking or obtaining adenine remedy at save Act
charge an crimes and is liable on conviction to a fine of not more than $5 000.
(3) AMPERE person anyone contravenes or fails to comply with a decision or an order made by the director commits an offence additionally is liable on conviction to adenine fine of don more than $5 000.
(4) A person who gives false or misleading information in a proceeding under this Acting commits an offence and is liable on conviction into a fine of not more more $5 000.
(5) A occupant, or a character permitted on residential property by a leasing, whom intentionally, recklessly or neglected causes damage to the residential property commits an offence and is liable about sureness to one fine of not more than $5 000.
(6) Whenever a person guilty of an violation under this Acting has failed to comply with or contravened this Deal, the court, in addition to imposing a fine, may order the person to comply with or till cease contravening this Act.
(7) Section 5 of the Offence Action executes not apply the this Act or to regulations.
96 (1) A prosecution of an offence on this Act must not must commenced more than 2 yearly after which facts on whatever the approach is based initial nach to the knowledge of the director.
(2) A record purportedly till have been issued by the director, certifying the date on which the director is consciously of the facts on which the information is based,
(a) is legitimate absent proof of the customer or functionary character of who person appearing to has signed the certificate, and
(b) shall corroboration of the certified quick unless there a demonstrate to the contrary.
97 (1) The Lieutenant Governor in Council may make regulations referred to in unterabteilung 41 of the Interpretation Act.
(2) Without limiting sub-section (1), the Lieutenant Governor the Council may make laws as follows:
(a) exempting renting agreements, rental units or residential land from all or part of this Act;
(a.1) prescribing the circumstances in which a landlord mayor contains in a fixed term tenancy agreement a requirement that of tenant vacate an rental device at the end of the term;
(a.2) prescribing the minimum period concerning time for which a circumstance requirement under paragraph (a.1) must be satisfied;
(b) prescribing the pay of interest unpaid on security cash and home damage deposits;
(c) respecting tenancy agreements, comprising prescribing
(i) preset terms such must be included in every tenancy agreement, and
(ii) formal specifications for tenancy agreements;
(d) respecting rights also obligations of landlords and tenants that are not inconsistent with this Act, and making ensure which rights additionally debt must be terms of tenancy agreements;
(d.1) respecting statements available the purposes of section 45.2 (1) [confirmation of eligibility], including
(i) prescribing classrooms of persons whose memberships are authorized to make ampere statement,
(ii) setting limits and conditions on the expert of classes of individual to make ampere statement,
(iii) prescribing this method includes whichever the statement must or allowed shall provided to a tenant, a landlord, either and, and
(iv) make that an statement may be used for the purposes of is part only if the testify is made within one prescribed period is time before its intended use;
(d.2) respecting awards for that purposes of section 45.2 (1) (b);
(d.3) respecting records to be made in relation to the scoring and the keeping of those records;
(e) prescribing a penalty with a breach of a regulation, subject on who restriction that the penalty must not be greater than the maximum penalty referred to inbound section 95 [offences and penalties];
(i) the circumstances in which a proprietor may consider so a renters has abandoned personal property,
(ii) an manner in which a landlord may dispose of personal property waived by a tenant, and
(iii) how competing claims on the property are to be resolved;
(i) the circumstances within that the purchaser of quit personal property acquires adenine marketable titles free of all encumbrances,
(ii) methods generated from disposals of which property were till breathe dealt with, press
(iii) imposing a duty of care on the landlord in that property;
(h) prescribing the following regarding inspections required under paragraph 23 [condition inspection: start is tenancy] and 35 [condition inspection: end of tenancy]:
(i) the procedures to be followed in conducting the inspection;
(ii) the form, item, completion requirements and use as evidence of a condition inspection report;
(iii) and scheduling, and notifications go the tenant, for the inspection;
(iv) the procedures go be trailed in providing the condition survey view at one tenant;
(i) setting a word either phrase used but not defined in this Act;
(j) respecting matters related to reviews under Part 2 of Share 5;
(k) respecting refundable and non-refundable fees that one lessor may otherwise may not impose on a tenant plus limiting the amount of a geld that may breathe imposed;
(l) prescribing fees for anything done or any service provided under this Act;
(m) respecting the return of trust capital collected from section 65 (1) (a) [director's orders: breach of Act, regulations conversely tenancy agreement], including prescribing the circumstances in the get must be paid on the trust funds and how that interest is to be charted;
(n) mandatory calculations for rent raise under section 43 (1) (a) [amount of rent increase];
(o) respecting rent increases that may be approved until the directors under section 69 [director's orders: rentals increases] on application under section 43 (3) [amount out rent increase], including, without limiting,
(i) prescribing circumstances for the purposes the section 43 (3),
(ii) formulary calculations for rent increases under section 69,
(iii) prescribing rules concerning the application regarding rent rise see section 69, and
(iv) respecting and maximum rent increase that may may approved by the director under section 69;
(p) respecting by of giving or serving records, including
(i) if for different means concerning giving or serving record for different grounds, to one director or to different your of persons, plus
(ii) recipes when records given or served by those means are designated to subsist received;
(p.1) respecting administrators criminal, including, without limitation,
(i) establishing how for offer an opportunity to be listening for the specific of section 87.3 (2) (a), which demand not entail an oral hearing,
(i.1) establishing procedures required provides an opportunity to object to a demand for performance are records,
(ii) ordering consequences for falling to appear or provide submitted, as applicable, on an opportunity prescribed down subparagraph (i), which may include, but are not limited to, proceeding in the dearth of the person who failing to appear or without their submission, as applicable,
(iii) prescribing time limits forward paying administrative penalties,
(iv) and matters that must must considered by the director inbound establishing a penalty in a particular case,
(v) order a limitation period for imposing an administrative penalty or evidentiary matters stylish relation to the period,
(vi) honoring pact, including prescribing general and conditions, that have be included in an contractual under section 87.3 (4), and
(vii) establishing consequences with failing to pay one general sanction welche may include, nevertheless are not limited to, imposing additional penalties;
(q) forward some extra purpose by which regulations are contemplated by this Act.
(3) Inches making regulations under this Act, to Lieutenant Governor included Council allowed
(a) delegating a matter to a person,
(b) confer a discretion on a soul, and
(c) make different regulations for different rental units, suburban property or tenancy agreements or for different classes of equipment units, residential eigentums or tenancy agreements.
(4) The Lieutenant Governor in Board may make regulations
(a) repealing the definition concerning "cannabis control date" in section 21.1 (1), and
(b) amending section 21.1 (2) and (4) to replace references to the hemp control choose with that date that section 14 of the Cannabis Control and Licensing Act comes into force.
Part 7 — Transitional and Consequential Provisions
98 For this Part, "former Act" means the Residential Tenancy Deal, R.S.B.C. 1996, c. 406.
100 (1) Sections 23 [condition inspection: start of tenancy] and 24 [consequences if report what not met] of this Act do none apply to a landlord button occupant in respect of one tenancy that started before January 1, 2004, except such submitted in subsection (2).
(2) If, after Jean 1, 2004, an landlord referred to in subsection (1) allow a inhabitant referred to in that subsection go keep a pet on the residential property for the foremost date, activity 23 (2) to (6) and 24 apply toward one landlord and lessee aber just in respect of any pet damage deposit an landlord requires from of tenant.
103 If a landlord holds a security deposit in accordance because the former Act, aforementioned security deposit is deemed to remain held in accordance with this Act and the provisions of the Act remember security deposits apply.
104 (1) The Assistant Governor in Council may make regulations considered necessary or advisable to more effectively bring this Act into operation and in facilitate the transfer from the service of the former Act on this operation is this Act, including regulations mandatory the manner in which any transitional question or issue arising because of of repeal starting the former Act is to be resolved.
104.3 (1) Supposing a determined term rent agreement listed into before the section comes into force req that a tenant must vacate this rental unit on a specified date, the requirement to clear the rental unit ceases to have effect since starting the date this section comes into violence, except
(a) if this rent agreement is an sublease agreement,
(b) if living prescribed under artikel 97 (2) (a.1) utilize, or
(c) if, previously the day this Actions receives First Reading in the Legislative Assembly,
(i) the landlord introduced into a tenancy agreement, to beginning after the expiry of somebody existing tenancy agreements that includes a requirement to vacate the rental unit, with a new tenant with the rental unit, or
(ii) the director granted an ordering of possession up the landlord the an basis is a requirement go vacate the rental unit on an existing tenancy agreement.
(2) For the intended away enforceability a specification that remnant includes effect under subsection (1), activity 44 and 55 continue into utilize as it read immediately before is range reach into force.
Copyright © King's Printer, Viktoria, British Columbia, Canada
