The landlord agrees
(a)
(b)
(c)
(d)
(e)
that the security deposit and pet damage deposit must each not exceed one half of the monthly rent payable for the rental unit,
to keep the security deposit and pet damage deposit during the tenancy and pay interest on it in accordance with the Regulation, and
to repay the security deposit and pet damage deposit and interest to the tenant within 15 days of the end of the tenancy agreement, unless the
tenant agrees in writing to allow the landlord to keep an amount as payment for unpaid rent or damage, or the landlord applies for dispute
resolution under the Act within 15 days of the end of the tenancy agreement to claim some or all of the security deposit or pet damage deposit. The
15 days period starts on the later of the date the tenancy ends, or the date the landlord receives the tenant’s forwarding address in writing.
If the landlord does not comply with (c), the landlord may not make a claim against the security deposit or pet damage deposit, and must pay the
tenant double the amount of the security deposit, pet damage deposit, or both.
The tenant may agree to use the security deposit and interest as rent only if the landlord gives written consent.
At the end of the tenancy, the landlord may retain from a security deposit or a pet damage deposit any unpaid amount that a Dispute Resolution Officer has ordered the
tenant to pay to the landlord.
8.
CONDITION INSPECTIONS. In accordance with sections 23 and 35 of the Act and Part 3 of the Regulation, the landlord and tenant must inspect the condition of the rental
unit together when the tenant is entitled to possession, when the tenant starts keeping a pet during the tenancy if a condition inspection was not completed at the start of
the tenancy, and at the end of the tenancy. The landlord and tenant may agree on a different day for the condition inspection. The right of a tenant to return of a security or
pet damage deposit or both, or the right of a landlord to claim against a security or pet damage deposit or both for damage to residential property is extinguished if that party
does not comply with sections 23 and 35 of the Act.
9.
PAYMENT OF RENT. The tenant must pay the rent on time, unless the tenant is permitted under the Act to deduct from the rent. If the rent is unpaid, the landlord may issue
a notice to end a tenancy to the tenant, which may take effect not earlier than 10 days after the date the tenant receives the notice. The landlord must give the tenant a
receipt for rent paid in cash. The landlord must return to the tenant on or before the last day of the tenancy any post-dated cheques for rent that remain in the possession of
the landlord. If the landlord does not have a forwarding address for the tenant and the tenant has vacated the rental unit without notice to the landlord, the landlord must
forward any post-dated cheques for rent to the tenant when the tenant provides a forwarding address in writing.
10.
ARREARS. Late payment, returned or non-sufficient funds (N.S.F.) cheques are subject to an administrative fee of not more than $25.00 each, plus the amount of any service
fees charged by a financial institution to the landlord. Although these fees are payable by the tenant to the landlord, failure to pay the rent on the due date is a breach of a
material term of this Agreement. The obligation of the tenant under this Agreement and by law requires the rent to be paid on the date that it is due. For example, an excuse
that the tenant does not have the rent money or will not have the rent money until a later date is not an acceptable excuse in law.
11.
UTILITIES PAYMENT. Utilities that are not included in the rent or are not paid to the landlord are the responsibility of the tenant who must apply for hook up and must
maintain current payment of the utility account. The discontinuation of utility service resulting from the tenant's cancellation or failure to maintain payment of his utility
account is a breach of a material term of this Agreement. The landlord has the right to end the tenancy if the tenant fails to correct the breach within a reasonable time after
receiving written notice to do so. Any utilities charges to be paid to the landlord that remain unpaid more than 30 days after the tenant receives a written demand for
payment will be treated as unpaid rent and the landlord may issue a Notice to End Tenancy.
12.
RENT INCREASES. Once a year the landlord may increase the rent for the existing tenant. The landlord may only increase the rent 12 months after the date that the existing
rent was established with the tenant or 12 months after the date of the last legal rent increase for the tenant, even if there is a new landlord or a new tenant by way of an
assignment. The landlord must use the approved Notice of Rent Increase form available from any Residential Tenancy Branch or ServiceBC Centre. The landlord must give the
tenant 3 whole months notice, in writing, of a rent increase. For example, if the rent is due on the 1st of the month and the tenant is given notice any time in January,
including January 1st, there must be 3 whole months before the increase begins. In this example, the months are February, March and April, so the increase would begin on
May 1st. The landlord may increase the rent only in the amount set out by the Regulation. If the tenant thinks the rent increase is more than is allowed by the Regulation, the
tenant may talk to the landlord or contact the Residential Tenancy office for assistance. Either the landlord or the tenant may obtain the percentage amount prescribed for a
rent increase from the Residential Tenancy office.
13.
The landlord and tenant may agree in writing to a rent increase greater than the percentage amount permitted by the Regulation.
ADDITIONAL OCCUPANTS. Only those persons listed in clauses 1 or 2 above may occupy the rental unit or residential property. A person not listed in 1 or 2 above who,
without the landlord's prior written consent, resides in the rental unit or on the residential property in excess of fourteen cumulative days in a calendar year will be considered
to be occupying the rental unit or residential property contrary to this Agreement. If the tenant anticipates an additional occupant, the tenant must apply in writing for
approval from the landlord for such person to become an authorized occupant. Failure to obtain the landlord's written approval is a breach of a material term of this
Agreement, giving the landlord the right to end the tenancy on proper notice.
14.
USE OF RENTAL UNIT. The tenant and his guests must use the rental unit for private residential purposes only and not for any illegal, unlawful, commercial, political, or
business purposes. No public meetings or assemblies may be held in the rental unit. No business or commercial advertising may be placed on or at the rental unit or the
residential property. When the landlord supplies window coverings, the tenant's drapes and curtains may not be used without the landlord's prior written consent. The tenant
will not make or cause any structural alteration to be made to the rental unit or residential property. Painting, papering, or decorating of the rental unit or residential property
may be done only with the landlord's prior written consent and with landlord approved colours. Hooks, nails, tapes, or other devices for hang pictures or plants, or for affixing
anything to the rental unit or residential property will be of a type approved by the landlord and used only with the landlord's prior written consent. The tenant may not install
a washer, dryer, dishwasher, freezer, or similar equipment without the landlord's prior written consent. Any appliance or equipment supplied by the landlord must not be
repaired or removed without the landlord's prior written consent. The tenant must ensure that the rental unit is appropriately ventilated, exhaust fans are regularly used, and
must follow reasonable housekeeping practices, to minimize the presence or accumulation of moisture, thus preventing the occurrence of mould or mildew.
15.
MOVING. The tenant's property must be moved in or out of the residential property through designated doors, at the risk of the tenant. The tenant will be liable for any costs
of moving, including any costs resulting from injury, or from damage to the tenant's property, the residential property, or the rental unit. If the tenant requests and the
landlord agrees to a move to a different rental unit within the residential property, the landlord may charge the tenant the greater of $15 or 3% of the rent in the tenant's
current rental unit as a one-time moving fee.
16.
ASSIGN OR SUBLET. The tenant may assign or sublet the rental unit to another person with the written consent of the landlord. If this tenancy agreement is for a fixed
length and has 6 months or more remaining in the term, the landlord must not unreasonably withhold consent. Under an assignment a new tenant must assume all of the
rights and obligations under this tenancy agreement, at the same rent. The landlord must not charge a fee or receive a benefit, directly or indirectly, for giving this consent. If
a landlord unreasonably withholds consent to assign or sublet or charges a fee, the tenant may apply for dispute resolution under the Act.
CONDUCT. In order to promote the safety, welfare, enjoyment, and comfort of other occupants and tenants of the residential property and the landlord, the tenant or the
tenant's guests must not disturb, harass, or annoy another occupant of the residential property, the landlord, or a neighbour. In addition, noise or behaviour, which in the
reasonable opinion of the landlord may disturb the comfort of any occupant of the residential property or other person, must not be made by the tenant or the tenant's
guests, nor must any noise be repeated or persisted after a request to discontinue such noise or behaviour has been made by the landlord. The tenant or the tenant's guests
must not cause or allow loud conversation or noise to disturb the quiet enjoyment of another occupant of the residential property or other person at any time, and in
particular between the hours of 10:00 p.m. and 9:00 a.m. If any tenant or tenant's guest causes another tenant to vacate his rental unit because of such noise or other
disturbance, harassment, or annoyance or because of illegal activity by the tenant or tenant's guest, the tenant must indemnify and save harmless the landlord for all costs,
losses, damages, or expenses caused thereby. The landlord may end the tenancy pursuant to the Act as one of his remedies.
17.