Insights and best practices for property managers

Tenancy agreements are subject to the Residential Tenancy Regulation (the “Regulation”), which requires that a tenancy agreement be in writing, signed, and dated by both the landlord and tenant, and written in a manner that is easily read and understood by a reasonable person.  Section 13 of the B.C. Residential Tenancy Act requires that the following terms be included in every tenancy agreement:

1. the standard terms
2. the correct legal names of the landlord and tenant
3. the address of the rental unit
4. the date the tenancy agreement entered into
5. the address for service and telephone number of the landlord (and landlord’s agent, applicable)
6. the date on which the tenancy starts
7. if the tenancy is a periodic tenancy, whether it is on a weekly, monthly, or another periodic basis
8. if the tenancy is a fixed-term tenancy,
   a) the date the tenancy ends, and
   b) whether the tenancy may continue on a periodic tenancy, or for another fixed term after that date, or whether the tenant must vacate the rental unit on that date as permitted in certain circumstances prescribed in section 97(2)(a.1) of the Act. 
9. the amount of rent payable for a specific period, and if the rent varies with the number of occupants, the amount by which it varies
10. the day in the month (or other period) on which the rent is due
11. which services and facilities are included in the rent, and
12. the amount of any security deposit or pet deposit and the date the security deposit or pet damage deposit must be paid. 

The Regulation also requires that certain standard terms be included in tenancy agreements to which the Regulation applies. The standard terms govern, among other things, security and pet damage deposits; condition inspections; payment of rent and rent increases; assignment or sublet; landlord and tenant obligations to repair; a tenant’s right to have guests; landlord entry into the rental unit; and ending the tenancy. 

To help landlords meet the requirements of the Regulation, the Ministry of the Attorney General has developed a standard form tenancy agreement. Copies of the form may be obtained from the Residential Tenancy Office or downloaded from their website at www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ forms. Use of the standard form is not mandatory, and landlords are free to develop their own agreements provided that they meet the requirements of the Regulation. 

The Regulation also requires that any tenancy agreement, whether in the standard form or not, be written in at least 8 point type and be signed and dated by both the landlord and the tenant. Furthermore, a copy of the written tenancy agreement must be provided to the tenant promptly, and in any event not later than 21 days after the agreement is entered into.