Tenant's Rights
Rising property taxes; elimination of rent controls; demolition
of rental units and a growing and aging population are putting
continuous pressure on the British Columbia's housing supply.
The government is beginning to respond to housing needs but
it is important to know your basic rights and the avenues you
can follow for assistance.
|
1. |
Right To Repair
Landlords are responsible for keeping their property in a
state of repair and for maintaining any service or facility that
was originally included in the rent. They must keep the property
up to standards set by municipal by-laws. If your landlord refuses
to make needed repairs you can apply for arbitration at the Residential
Tenancy Branch. |
|
2. |
Protect Yourself
Whenever possible, get any and all matters related to your
tenancy in writing and with witnesses. Always get receipts for
any money you pay your landlord and if at all possible - pay
by cheque. Have someone witness the condition of your suite
when you move in and when you move out in order to protect your
claim for your security deposit. |
|
3. |
Rent Increases
Rents can be raised by any amount now that rent controls have
been lifted but rents can be raised only once every 12 months.
You must get three months notice of any rent increase in writing. |
|
4. |
Eviction Notice
Notice for eviction for any reason must be in writing and
on a special government form. You must receive a legal notice
before the day the rent is due. You can get a 10-day notice for
not paying the rent; a one-month notice for causing a problem
(like seriously damaging the property or disturbing other tenants)
and you can get a two-month notice if the landlord intends to
put the property to other uses or intends to move in or renovate.
If you don't agree with the eviction, dispute it immediately
at the Residential Tenancy Branch. |
|
5. |
Damage Deposits
Landlords cannot deduct money from your security deposit for
normal wear and tear. They can only charge you if you damage
something or if they lose money because you didn't give proper
notice when you moved. If you don't agree with money deducted,
you can take your landlord to arbitration. |
|
6. |
Arbitration
If your landlord refuses to listen to reason you may have
to apply for arbitration through the Residential Tenancy Branch
. It costs $30.00 to file a dispute, but if you win, the fee
may be awarded back to you. |
What You Can Do
|
1. |
Get Organized
When tenants unite, landlords have to listen! If you have
a problem that you think affects other tenants in your building,
you will get results quickly if you band together and take action
jointly. Tenants have banded together to form tenant committees
to fight for repairs, block unjust evictions and to fight excessive
rent increases. |
|
2. |
Form a Group
If your building has a common problem, organize a common solution!
Talk to your neighbours and see if any want to help you set up
a tenants meeting. Photocopy notices of the time and place and
put them under everybody's door. At the first meeting make a
list of complaints. Then try to decide what problems all the
tenants have in common. Joint action brings results! |
Who To Contact
|
1. |
Residential Tenancy Branch
Provincial agency which assists landlord and tenants with
such problems as rents, services and repairs, termination of
tenancy agreements and privacy.
Vancouver Office
#310 - 1190 Melville Street
Vancouver, British Columbia
V6E 3W1 Telephone: 660 - 3456
Victoria Office
1019 Wharf Street
Victoria, British Columbia
V8W 2Y9 Telephone: 387 - 1602 or 387 - 9116
Government agents also carry forms for the Residential Tenancy
Branch. |
|
2. |
Tenants Rights Coalition
In the lower mainland, tenants can also contact the Tenants
Rights Coalition. The coalition offers Tenants Legal Clinics
and publishes the Tenants Survival Guide. They also operate the
Tenants Rights Hotline.
Hotline 255 - 0546
Office 255 - 3099
Outside the Lower Mainland 1 - 800 - 665 - 1185 |
Financial Assistance Programs
Deferment of Property Taxes
The deferment of property taxes is a Provincial Government
program. It allows senior citizens to remain in their own homes
despite a possible problem with paying the property taxes. To
defer taxes means that you can have the payment of your municipal
taxes put off until the property is sold, Transferred or left
vacant for ten years. The program applies to you if you live
in your own home and you are over 65 years of age; or are a widow
or widower or are disabled.
Who To Contact
Contact your local city or municipal hall if you have any
questions.
Rent Subsidy Programs
Seniors living in units managed by the B.C. Housing Management
Commission (BCHMC) may apply for financial assistance to reduce
their rent to 30% of their gross income. Rental subsidies make
up the difference between the rent paid by the tenant and the
actual rent of the unit. Funding is provided by the Provincial
and Federal Governments.
Rental subsidies are available for units managed by BCHMC;
designated units in the private rental market; units managed
by non-profit housing societies and units in co-operative housing
developments built after 1986 BCHMC also maintains a listing
of subsidized and affordable housing for seniors complete with
contact names and addresses.
Who To Contact
B.C Housing Management Commission
1701 - 4330 Kingsway
Burnaby, British Columbia, V5H 4G7
Telephone: 433 1711
SAFER (Shelter Aid for Elderly Renters)
SAFER is a provincial government program which provides direct
cash assistance to renters who are senior citizens.
To qualify for the SAFER program:
1. You must be 60 years of age or over and
2. You must be a renter and
3. You must be receiving the Old Age Security Pension and
4. Your rent be more than 30% of your income and
5. You or your spouse must have lived in British Columbia for
one continuous year prior to application.
You do not qualify if you already live in subsidized housing,
a care facility or receive a shelter allowance.
Who To Contact
SAFER
Ministry of Social Services and Housing
P.O. Box 2500
Victoria, British Columbia, V8W 3A1
Telephone:
(Victoria) 387 - 4331
(Vancouver) 682 - 0391
For the rest of the province call: 1 - 800 - 665 - 2656
Other Sources of Assistance
Bus Pass Program (you must have a valid Gold Card)
P.O. Box 9430
Victoria, British Columbia, V8W 9V2
Telephone: 682 - 0391
Senior Supplement (65 or over; OAP and GIS necessary)
P.O. Box 9471
Victoria, British Columbia, V8W 9Y9
Telephone: 682 - 0391 Other Sources of Assistance |