Tenants have rights during a tenancy, including their rights to dispute problems and theirquiet enjoyment rights. Landlords can't physically remove tenants or lock them out of their rental units.
On this page
- Understanding your tenancy agreement
- Right to dispute problems
- Quiet enjoyment
- Illegal lockouts
- A landlord cannot physically remove a tenant
- Tenant relocation and protection plans
- I need help
Understanding your tenancy agreement
Landlords mustprepare a writtenagreement
Landlords must prepare a written agreement for every tenancy. Even if a landlord doesn’t prepare one, the standard terms of a tenancy agreement still apply. Paying a security deposit establishes a tenancy, even if there is no written tenancy agreement and if the tenant never moves in.
Tenants should carefully readtheagreement
A tenant should carefully review theirtenancy agreement before signing it. If English is not their first language, or theyare uncertain about something in the agreement, they should consider showing it to a friend or family member for clarification and advice.
Tenants and landlords both need to sign tenancy agreement
Both the landlordand the tenantmust sign and date the agreement. Landlords must provide a printed copy totenants within 21 days of entering into the agreement.
Right to dispute problems
Landlords and tenants can apply for dispute resolution.Dispute resolution is the formal process for resolving disputes between landlords and tenants.Itshould be the last step in dealing with a tenancy conflict, if you're unable towork out a tenancy issue.
If you want to dispute an eviction notice, you must do so within the disputing deadlinesset by the Residential Tenancy Branch.
Quiet enjoyment
Quiet enjoyment gives tenants the right to live peacefully in a rental unit without unnecessary disturbances from others.Quiet enjoyment is the tenant's responsibility and could be a cause for eviction if that responsibility is not fulfilled. Tenant's rights for quiet enjoyment include:
- Reasonable privacy
- Freedom from unreasonable disturbance
Illegal lockouts
Locking a tenant out of a rental is illegal. Getting locked out of their home could leave the tenant unable to access money, medication, work tools, and personal identification.
If a landlord locks a tenant out of their rental unit, they can contact:
- TRAC (Tenant Resource & Advisory Center)
- The Residential Tenancy Branch
- Alegal advocate
- Alawyer
If the landlord continues to deny access to the home, the tenant will have to apply for dispute resolution to ask for an Order of Possession and monetary compensation. The Residential Tenancy Branchhas an expedited processfor scheduling these hearings.
A landlord cannot physically remove a tenant
If a tenant doesn’t leave by the effective date of the notice, the landlord must follow a specific process to gain possession.
A landlord cannot:
- Physically remove a tenant
- Take a tenant’s personal property without a court order
Tenant relocation and protection policies
Some cities in B.C. havetenant relocation and protection policies. Tenantscan contact theirmunicipality directly or visit TRACto see if their city offers a tenant relocation and protection plan.
