Transcript PowerPoint slides

Webinar for Public Library Staff
March 21 and 29, 2012
Presenter:
Andrew Sakamoto, Executive Director, Tenant Resource &
Advisory Centre
Sponsored by:
o
o
LawMatters Program, Courthouse Libraries BC
Contact: Janet Freeman [email protected] or 1-800-665-2570
Libraries and Literacy Services, BC Ministry of Education
LawMatters at your local public library
• All public libraries in BC have
increased their legal
information collections through
grants from LawMatters
• Libraries also receive training,
legal information updates and
reference back-up support
• See bclawmatters.ca
LawMatters collection at
Radium Hot Springs
Public Library
1.
Learn how to access residential tenancy law
resources on TRAC and Residential Tenancy
Branch websites.
2.
Learn about some of the most common
residential tenancy law issues, and the legal
process for resolving tenant-landlord disputes.
3.
Understand how to contact TRAC and the
Residential Tenancy Branch when tenancy
problems arise.
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Story from TRAC’s Infoline
TRAC resources
Residential Tenancy Branch resources
Dispute resolution
RTA basics: start, during and end of tenancy
Recap
Contact info
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TRAC receives roughly 7500 calls per year.
We hear stories..
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Educational charity that provides free legal information
on Residential Tenancy Law to BC tenants.
Public legal education workshops: 117.
Advocate training sessions: 17.
Infoline calls: 7,876.
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Repairs (33%), evictions (19%), quiet enjoyment (14%), security
deposits (6%).
Multilingual publications and videos: 20 languages.
Website (www.tenants.bc.ca): 76,765 hits.
tenants.bc.ca
Multilingual
Videos
(20 languages)
Links
Tenant
Survival
Guide
Donations
What’s New?
Multilingual
Publications
(20 languages)
Facebook
Twitter
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Information Officers provide legal information.
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Write down the name of the IO, as well as the date and time you
spoke with them.
Dispute Resolution.
www.rto.gov.bc.ca
Legislation, fact sheets, policy
guidelines, forms, videos, past
dispute resolution decisions,
and more.
rto.gov.bc.ca
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Formal hearing to resolve disputes between tenants and
landlords.
Most are held over the phone.
Tenant and landlord tell their stories and provide evidence
(letters, witnesses, receipts, etc.).
Dispute Resolution Officer (DRO) makes decision based
on facts and the law.
$50 filing fee…
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Can be waived for low
income applicants.
Can be reimbursed if
you win.
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Who’s covered?
Always remember…
put it in writing!
Tenancy Agreement.
Landlord’s contact
information.
Condition Inspection Report.
Fridge, stove, plumbing, walls,
electrical outlets, etc.
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Verbal:
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Written:
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Still protected by law.
Landlord must provide a copy
within 21 days.
If no written agreement, write
down the terms you agreed to
and send a copy to your landlord.
Month-to-month vs. fixed term.
Make sure to include the “extras” in your agreement
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Laundry, parking, TV, internet, storage, etc.
RESIDENTIAL TENANCY
AGREEMENT
CONDITION
INSPECTION REPORT
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Guidelines from the Office of the Information and
Privacy Commissioner of BC:
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No Social Insurance (SIN) number.
No personal banking information.
No credit card number.
Landlords can only ask for a driver´s license as photo ID.
Landlords cannot ask for a criminal record check.
www.oipc.bc.ca/pdfs/private/PrivacyGuidelinesforLandlordsand
TenantsFINAL.pdf
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Legally binding contract.
Must stay until term is finished.
If you move out early, you may have to pay compensation:
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Remaining months (landlord must mitigate)
Cost of finding new tenant (liquidated damages)
Assignment and sublet
Mutual Agreement to End Tenancy form
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Security Deposit: ½ month’s
rent
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Pet Deposit: ½ month’s rent
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No application fees
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No guest fees
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Once every 12 months
Not in first year of tenancy
Limit set by Residential
Tenancy Branch
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2012: 4.3%
www.rto.gov.bc.ca
3 months written notice in
a form approved by the
Residential Tenancy Branch.
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Pay rent in full and on time.
Maintain reasonable health,
cleanliness and sanitary
standards.
Follow the terms of your tenancy
agreement.
Notify landlord of any repairs or
problems (don’t delay).
Responsible for damage beyond
normal wear and tear caused by
you or a guest.
Don’t unreasonably disturb
others.
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Provide copy of tenancy agreement within 21 days.
Provide 2 opportunities to complete both a move-in and
a move-out inspection report.
Provide a receipt for rent
paid in cash.
Return deposits on time.
Make repairs that comply
with health, safety and
housing standards.
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Tell your landlord immediately when something needs to
be repaired.
If you delay and the problem gets worse,
you could be held responsible.
Put it in writing, get witnesses,
and take pictures.
Landlord is responsible for
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heating, plumbing, electricity,
locks, walls, floors, ceilings,
fire escapes, intercoms, elevators,
bed bugs.
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It’s important to know
when to apply for dispute
resolution. First, send
your landlord a letter
outlining your demands
(TSG, page 32).
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What should it say?
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Address where you live
What needs fixing
Date you want it fixed by
Current date
Signature
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Landlord must provide emergency contact number.
What is an emergency?
If the emergency contact
cannot be reached after two
tries, tenant can pay for
repairs (be reasonable)
and get money back from
landlord (keep the receipt).
BUT it’s always a good idea to speak with RTB first.
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Reasonable privacy.
Exclusive use of space.
Freedom from unreasonable
disturbances.
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Excessive noise, etc.
Freedom from excessive
interference from landlord.
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24 hours written notice:
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Date
Time
Reason for entry
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Between 8am and 9pm.
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Emergency: entry is
necessary to protect life
or property.
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Flood, fire, water leak, etc.
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Tenant must give forwarding address in writing.
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Once tenant has provided forwarding address and moved
out, landlord has 15 days to:
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Return deposit with interest
OR
File for dispute resolution to keep deposit
Tenant can agree in writing to landlord keeping some or
all of the deposit.
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If landlord doesn’t follow process, tenant can apply for
double the deposit.
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If landlord refuses inspection
report, they lose the right to
keep deposit.
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If tenant doesn’t provide
forwarding address within
one year, they lose right to
deposit.
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Month-to-month:
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One FULL month written notice.
28th, 29th, 30th, 31st
Tenancy ends at 1pm on last day of
agreement.
Fixed term lease:
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Legally binding contract.
Personal problems do not have to be
considered by landlord.
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Must be in writing and include reasons for eviction.
Must be in a form approved by government.
10 day notice: Non-payment of rent
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One month notice: Cause
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5 days to pay rent in full (cancels eviction).
BUT you can’t do this every month!
Repeatedly paying rent late, disturbing neighbours, illegal
activity, too many occupants, etc.
Two month notice: Landlord use of property
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Landlord or their children or parents moving in, extensive
renovations, demolishing property.
1 month compensation.
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10 day notice
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One month notice
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10 days to apply
Two month notice
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5 days to apply
15 days to apply
If you have evidence that you were not evicted in “good
faith” you can apply for compensation.
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2 months rent
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You can’t stop paying your rent because you have a
problem with the landlord or other tenants. Apply for
dispute resolution.
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Call the Residential Tenancy Branch.
 Write down the name of the Information Officer, as well
as the date and time you spoke with them.
1.
2.
3.
4.
5.
6.
Make sure you’ve covered under the RTA.
Put it in writing!
Gather evidence: receipts, witnesses, pictures, letters,
etc.
Common problems TRAC can help you with: repairs,
deposits, quiet enjoyment, eviction, rent increases,
breaking your lease, etc.
TRAC resources: Tenant Survival Guide, fact sheets,
template letters, etc.
Find out about your rights and responsibilities through
TRAC and the RTB.
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Website: www.tenants.bc.ca
Infoline:
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604.255.0546
1.800.665.1185 (toll free)
Facebook Page: Search “TRAC Tenant
Resource & Advisory Centre”
www.twitter.com/TRAC_BC
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www.rto.gov.bc.ca
Email: [email protected]
Telephone:
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604.660.1020
1.800.665.8779 (toll free)
400 – 5021 Kingsway Ave, Burnaby
390 Main St. (at Hastings), Vancouver*
518 Richards St., Vancouver*
101 – 3350 Douglas St., Victoria
305 – 478 Bernard Ave., Kelowna
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BC Apartment Owners and Managers Association
(BCAOMA)
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203 – 1847 West Broadway, Vancouver
604.733.9440
1.877.700.9440 (toll free)
www.bcaoma.com
[email protected]
Rental Owners and Managers Association
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830B Pembroke St., Victoria
250.382.6324
1.888.330.6707 (toll free)
www.suites-bc.com
[email protected]