BC Rental Laws

[DogOnPorch]

The worst? Two words...

Crack Shack

---------------------------

Reality is just a crutch for people who can't cope with drugs.

---Robin Williams

[Renegade]

Oh come on. Thats absurd and you are stretching here.

The landlord has banks and credit agencies he can check. Bounced checks will show up, poor credit scores will indicate this as well.

On the other hand assuming the landlord signs the papers to allow a credit check, what will that tell the tenant about the landlord.

The landlord cares about only a few things about the tenant. One of the critical ones is if they are able to pay the rent. A credit check helps assure the landlord that the tenant will. The renter cares very little about a landlords ability to pay so a credit check is not very useful. What a renter looks for is very different. As I have said, all a renter has to do is ask previous or current tenants or even neighbours. Very few bother to do so.

Small claims court for what? The hot water doesnt work?

Let's assume a rental tribunal did not exist and the hot water doesn't work. The tenant has several options.

1. Pay to have it fixed and sue the landlord for costs.

2. Pay to have it fixed and withold it from the rent, and wait for the landlord to sue him.

3. Sue for breach of contract and damages and have the rental agreement voided.

As you may no doubt point out, some of these options carry an overhead which may not be worth the effort, and exactly same is true of a landlord where the tenant causes a relatively minor transgression.

Finally? I have not said that tenants havent abused things. Landlords did abuse tenants or respective tenants. No one should think otherwise. Lousy landlords get lousy tenants.

No, you haven't denied that tenants have abused things, but the bulk of your statements have been directed toward landlords with scant mention of the abuses of tenants. If you think that "Lousy landlords get lousy tenants" is a truism, then prehaps you also believe "Lousy tenants get lousy landlords" is a truism.

You dont consider something that is against the Landlord Tenant Act to be abuse ?

No I do not, any more than I think that speeding is "abuse" of the Highway code. It is a violation and it has penalties.

My interpretation of "abuse" is when a law is misinterpreted and leveraged for advantage in a use beyond its original intention. It happens in tax law all the time which is why that law is always being amended and rewritten.

And you think it s a one way street favouring the landlord?

Er, no. I think I made it clear that I think it is pretty much a one-way street favouring the tenant.

It's his property and there are many terms he should be able to dictate just like any other vendor. For example. He should be able to ban pets. The law doesn't allow him to do so. He should be able to charge late fees when the rent is late. All of these should be spelled in the contract with the tenant and the tenant should be free to refuse them and sign elsewhere, or to negotiate acceptable terms wth the landlord.

[Community Advocate]

The worst? Two words...

Crack Shack

---------------------------

Reality is just a crutch for people who can't cope with drugs.

---Robin Williams

Nope, at the expense of playing one-upmanship here - the worst is

METH LABS

[Community Advocate]

. A credit check helps assure the landlord that the tenant will. The renter cares very little about a landlords ability to pay so a credit check is not very useful.

How do you do this? I need to know!

It's his property and there are many terms he should be able to dictate just like any other vendor. For example. He should be able to ban pets. The law doesn't allow him to do so.

Yes, the law allows landlords to refuse pets, in an addendum. Our tenants have three items on their addendum - NO PETS, NO SMOKING, NO DRUGS.

He should be able to charge late fees when the rent is late.

I'm not sure if it's legal, but you can charge late fees. I call it interest. I just collected $25 nsf fee that I instated as a consequence for late rent. If the tenant wants to stay, s/he has to pay it to cover my costs.

All of these should be spelled in the contract with the tenant and the tenant should be free to refuse them and sign elsewhere, or to negotiate acceptable terms wth the landlord.

Yes, I agree. A landlord can make the rules, and if the tenant won't sign, they don't rent. The addendum details are up to the landlord, and the tenant must accept them and sign to that effect before moving in.

While I like the idea of an internet site, I see great potential for abuse there. I would take information from there with a grain of salt, but it would be good to have access to it.

Edited January 18, 2008 by Community Advocate

[guyser]

While I like the idea of an internet site, I see great potential for abuse there

How about potential for charges.....Privacy Act? You would need the tenant or landlord to sign off on it, and that would be doubtful.

[geoffrey]

Hubby and I were discussing starting a website for landlords in Vancouver and the Fraser Valley. It would include information on bad tenants -- those who leave the place a dump, don't pay or party all the time. At least then a landlord would have some semblance of control over who he/she rents to and what their real rental history is.

I'd add a lawyer to your discussion before you get yourself into trouble with that.

[Drea]

Hence the fact that there is no site yet...

We are looking into the legal implications of it.

There should also be a database of bad landlords so that tenants can make informed decisions on whether or not they want to rent from.

As a tenant for years before we bought, I realize there are bad landlords out there too.

We've made the decision... we will lease to the next tenant. We have just went through years of extensive renovations and want to protect our property... if a tenant were to ruin our handmade douglas fir and glass eating bar, I woud have to kill them! (kidding!)

[DogOnPorch]

Nope, at the expense of playing one-upmanship here - the worst is

METH LABS

lol...I stand corrected. That would take the cake. Crack/Meth houses tend to have high amounts of ciminal traffic, though. We watched one from a wee distance once counting the folks going in and out. It reminded me of a wasp's nest. People would park elsewhere and then walk to the apartment...as if they were fooling everyone. Over 100 people in about 1/2 hour.

Meth LABS, though...they can go boom and the RCMP tends to evacuate the entire neighborhood.

-----------------------------------

My mother paid eight dollars a month for rent. When she had it. Mostly we were evicted, because she couldn't afford to pay the eight dollars a month.

---Walter Matthau

[Renegade]

How do you do this? I need to know!

Not sure what you are asking. For a landlord the most effective way of checking out a tennant is to do a credit check, get proof of income, ask for personal references, and for previous landlord references. For tenants, it is to get information from current and previous tenants, and to actually observe the condtions of the property.

Yes, the law allows landlords to refuse pets, in an addendum. Our tenants have three items on their addendum - NO PETS, NO SMOKING, NO DRUGS.

This is not permitted in some provinces. For example in Ontario, No Pets clauses are not permitted, and if included can be ignored by the tenant even if he signs that agreement.

I'm not sure if it's legal, but you can charge late fees. I call it interest. I just collected $25 nsf fee that I instated as a consequence for late rent. If the tenant wants to stay, s/he has to pay it to cover my costs.

You are not allowed to do so in Ontario.

Yes, I agree. A landlord can make the rules, and if the tenant won't sign, they don't rent. The addendum details are up to the landlord, and the tenant must accept them and sign to that effect before moving in.

It would be great if landlords and tenants were free to negotiate their own agreements. Unfortunately government legislation inteferes in what terms can be set.

[Community Advocate]

Not sure what you are asking. For a landlord the most effective way of checking out a tennant is to do a credit check, get proof of income, ask for personal references, and for previous landlord references. For tenants, it is to get information from current and previous tenants, and to actually observe the condtions of the property.

I'm asking - how to do a credit check. How do you obtain proof of income?

Personal references - can be a sham. I could call three former landlords of one tenant and get the mother, the ex wife, and the sister - all of whom are trying to get the tenant out of their place. I have no way to confirm anything through that route. I'm pretty sure the last reference was the guy's wife, and they were separating, she wanted him out, so she was a great reference - she had no trouble at all with this tenant, he always paid his rent on time. So far, so good tho.

This is not permitted in some provinces. For example in Ontario, No Pets clauses are not permitted, and if included can be ignored by the tenant even if he signs that agreement.

Thats interesting. I can't imagine the government dictating whether I can have pets in my building or not. I'm sure if you have more than one tenant, and one has allergic reactions to pets, there would be some way to circumvent that law. Regardless, if I were a landlord in Ontario, I would put in the no pet clause, and if a tenant felt they wanted the place that bad, they could apply for their day in court. By then, the vacancy is gone.

You are not allowed to do so in Ontario.

It would be great if landlords and tenants were free to negotiate their own agreements. Unfortunately government legislation inteferes in what terms can be set.

Well, we are somewhat free to negotiate our own agreements, at least here in BC. However, we must abide by the guidelines, and be accountable to an arbitrator in the case of a disagreement with the tenant.

[guyser]

I'm asking - how to do a credit check. How do you obtain proof of income?

Credit reporting agencies, register with them, pay your fees and you are done. Get the prospective tenant to sign that they are allowing you to do so.

Thats interesting. I can't imagine the government dictating whether I can have pets in my building or not. I'm sure if you have more than one tenant, and one has allergic reactions to pets, there would be some way to circumvent that law. Regardless, if I were a landlord in Ontario, I would put in the no pet clause, and if a tenant felt they wanted the place that bad, they could apply for their day in court. By then, the vacancy is gone.

Actually it works in the reverse.

The tenant would not admit to a pet being present. They move in and pay the rent, and upon discovery by the landlord of a pet, while they could certainly apply for a day in court, it would be a worthless attempt and a waste of your money.

[Renegade]

I'm asking - how to do a credit check. How do you obtain proof of income?

Personal references - can be a sham. I could call three former landlords of one tenant and get the mother, the ex wife, and the sister - all of whom are trying to get the tenant out of their place. I have no way to confirm anything through that route. I'm pretty sure the last reference was the guy's wife, and they were separating, she wanted him out, so she was a great reference - she had no trouble at all with this tenant, he always paid his rent on time. So far, so good tho.

There are numerous agencies which will do a credit check for a nominal fee. Here's and example for Ontario: Complete Tenant Investigation

You obtain proof of income in the same way a bank does. A salary stub, or letter from his employer on the employer letterhead from their HR. If in doubt, call the employer and ask to speak to that person to verify details.

Yes, you could get former landlords which are shams, but generally a short conversation usually is enough to see if they are authentic. For example generally you should have asked the tenant the dates of his previous tenancies, the rent he paid, the address. Verify these details to ensure consistency of the story. If you are unsure of the references, move on to a tenant where you have better confidence in the references.

if I were a landlord in Ontario, I would put in the no pet clause, and if a tenant felt they wanted the place that bad, they could apply for their day in court. By then, the vacancy is gone.

As guyser pointed out, this is not likely to work.

[Community Advocate]

Thank you for this info!

[Renegade]

Thank you for this info!

YW. Good luck with your rental.

[dbx160]

Notice To End Tenancy

Far Too Double Claused to Work Effectively

I agree the bylaws seem to favor the tenants more. Our tenants live in our basement suite.

We don't lock the door leading to the main building(even though we should), because they say may need to use the laundry facilities (but they only need to use it once or twice a week). They tend to come over to our side without any notice whenever they feel like it or to peek into the foyer. Does this constitute as an illegal entry? If the landlord were to do it, it would be frowned upon. Is there a bylaw in Vancouver to requiring us seal off the suite from the main building?

Is there anything regarding mail? One of our tenants is usually home during the day and watches for the mail carrier to walk by their front window. She expects me to get the mail right after it has dropped it off in our locked box. I think that as a tenant she should wait for the landlord to give it to her when the landlord is ready and available.

There doesn't seem like there are much options.

- have somebody watching over the door

- install hidden security cameras

- or use some sort of mind control

[peter_puck]

Hubby and I were discussing starting a website for landlords in Vancouver and the Fraser Valley. It would include information on bad tenants -- those who leave the place a dump, don't pay or party all the time. At least then a landlord would have some semblance of control over who he/she rents to and what their real rental history is.

I don't think that works. You would have too many people people saying false stuff on there. I know people who would put in their ex husband/wife in their. You would probably have to follow the same rules as credit bureaus, which requires a lot of overhead and stuff.

Besides, the really good bad tenants use fake id and stuff.

I knew a guy who thought he could sue the tenant who trashed his house because he verified the tenant had a good job and good credit. It turns out the guy he sued was his tenant's former landlord. Cops don't care one little bit about the whole thing. Now he spends his days looking at his credit report for signs the tenant took out a credit card in his name.

Bottom line is don't be a landlord, its stacked against you.

[micru]

Bad Landlords

All this talk about bad tenants. The opposite is true. Tenants in this province have NO rights!. The tenancy branch favours the Landlord and we only HEAR about the odd bad tenant.

I am a single mom and have had my fill of landlords taking advantage of us. One has to put up with crap and then fight to get any deposit back only to lose it in the end.

In the meantime the rich are scamming and sucking the lifeblood out of poor people who pay their mortgages on 3 or 4 different illegal suites, etc. I am sick of it. This conservative government has to go as the poor suffer in this province while the rich fatten up!!!

[asian1skill]

Bad Landlords

All this talk about bad tenants. The opposite is true. Tenants in this province have NO rights!. The tenancy branch favours the Landlord and we only HEAR about the odd bad tenant.

I am a single mom and have had my fill of landlords taking advantage of us. One has to put up with crap and then fight to get any deposit back only to lose it in the end.

In the meantime the rich are scamming and sucking the lifeblood out of poor people who pay their mortgages on 3 or 4 different illegal suites, etc. I am sick of it. This conservative government has to go as the poor suffer in this province while the rich fatten up!!!

hey if a the landlord makes the tenant live uncomfortable can the tenant fight for the right of not paying rent

[fellowtraveller]

Boiled down, lousy landlords get lousy tenants for the most part.

Baloney. I provide a clean, safe place to live at market rents or less. For the most part, all I ask is that people pay their rent on time and that they respect others in the neighbourhood.

Twice I have rented to pigs, my mistake in trusting or trying to help. In one case, it turned out that the identity that checked out very well for credit and references had been stolen.

Re: a website, at least one service is offered in the Lower Mainland for landlords, they keep track of rent payment records for both good and bad tenants if the landlord chooses to report either. Google TVS

[Oleg Bach]

Most landlords are weasils and rats - Very few actually own a building that they rent out. They are tenants themselves in these regards. They have a mortgage and in reality rent from the bank ----in turn they find someone that does not have a good line of credit to rent from them. It always irks me when I see some landlord act as if he is of a higher class than the tenant..He is also a renter...and a prasite who expects the less fortunate to make him rich by building up the equity in a property.

[madmax]

Baloney. I provide a clean, safe place to live at market rents or less. For the most part, all I ask is that people pay their rent on time and that they respect others in the neighbourhood.

Don't ask me why. I have a friend who is the greatest landlord I have ever met. (no I own my house). But this guy bends over backwards and the tenants he has landed have been awful people.

Then I head to a downtown area with a slumlord #0428904801*** absentee landlord and the tenants put up with everything from water leaks to walls collapsing. This landlord owned an entire block and drove out all the small businesses but managed to hold onto the tenants.

Why is it the opposites that attract?

Too many good landlords have to suffer because of the actions of a few very very bad apples.

Its is more often the landlord taking the risk not the tenant.

[Oleg Bach]

The way I proceed is simple - as a tenant I agree to a contract - right or wrong or fair or unfair - I pay my rent before I even eat..it is my duty to sustain the landlord and it is his duty to sustain me - Only a fool screws the landlord. Tennant and landlord must work together - A good and smart landlord must have honour and be bright enough to bring aboard a tenant that has the same values. As I mentioned - we are all under the power of the banks...For land lord and tenant to bicker is like surfs fighting each other on the same feudal estate - It's simply not wise - we must stick together - especially if the bank or the "lord" is corrupt and expects his underlings to serve him while he does not provide the service that is due.

[dre]

Iv seen lots of problems both ways.

The relationship is inherently problematic because so many renters and landlords are dodgey people.

But it comes with the turf you and reap what you sew. Most residential landlords are renting to people that cant afford a home or dont have good enough credit to buy one. Yet the rents he is charging are often as high as the mortgage payments the banks already decided the renters could not reliably make (or would not).

What the fuck do you expect to happen?

[tanscuba]

Iv seen lots of problems both ways.

The relationship is inherently problematic because so many renters and landlords are dodgey people.

But it comes with the turf you and reap what you sew. Most residential landlords are renting to people that cant afford a home or dont have good enough credit to buy one. Yet the rents he is charging are often as high as the mortgage payments the banks already decided the renters could not reliably make (or would not).

What the fuck do you expect to happen?

DRE:

You are partially correct. The problem lies with the government policies that have jacked up the price of housing in this province. Only a small fraction of the province of BC has dwellings on it. The rest is crown land that the government is hording and loaning out to mining and forestry. Lack of cheap land drives prices up. I am certainly not dodgey or otherwise an unfit person just because I cannot afford the cost of a mortgage. I would have to make $100,000 a year to be able to afford a home in Kamloops. How many single parents make that kind of money??? I am forced to rent from the "system". On top of this you and OLEG are correct, most Landlords are working stiffs such as myself who happen to be lucky enough to have bought when prices were low, inherited or won their properties. Most are idiots who think that because they are landowners, their shit doesn't stink!

Edited August 18, 2010 by tanscuba

[tanscuba]

No wonder this country is falling apart at the seams...when working families cannot find suitable housing they cannot work....simple as that!

Edited August 18, 2010 by tanscuba