Basic Landlord’s and Tenant’s responsibilities
LANDLORD RESPONSIBILITIES
According to section 32(1) of the Residential Tenancy Act (RTA), rental properties must comply with health, safety, and housing standards required by law. Landlords are generally responsible for the following repair and maintenance issues:
- heating;
- plumbing;
- electricity;
- locks;
- light fixtures in common areas;
- walls, floors, and ceilings;
- fire doors and fire escapes;
- smoke detectors;
- intercoms;
- elevators;
- painting at reasonable intervals;
- routine yard maintenance, such as cutting grass and clearing snow, in multi-unit residential complexes;
- infestations and pests, such as bed bugs;
- serious mold issues; and
- anything included in your tenancy agreement, such as the:
- fridge
- stove
- laundry facilities
- security system
- furniture
- garage
- storage facilities
Asking for repairs: When something needs to be fixed in your rental unit, let your landlord know in writing as soon as possible. If you delay and the problem gets worse, you could be held responsible for at least some of the associated costs – even if the original problem was not your fault. For example, if you do not immediately report bed bugs and the infestation spreads, you may have to pay for at least some of the treatment.
It is important to document the repair issue and your attempts to contact your landlord. If your landlord refuses to fix the problem, you will have to apply for dispute resolution through the Residential Tenancy Branch (RTB). Having evidence that shows the issue, and that you informed your landlord of the issue – such as letters, photos, videos, and witnesses – will increase your chances of obtaining an order requiring your landlord to make the repair. You can also apply for monetary compensation from your landlord for ignoring your request, as well as a rent reduction until the repair has been completed.
See TRAC’s template letter, Request for Repairs.
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TENANT RESPONSIBILITIES
According to section 32(2) of the Residential Tenancy Act (RTA), you have a legal responsibility to maintain reasonable health, cleanliness, and sanitary standards in your rental unit. Tenants are generally responsible for the following repair and maintenance issues:
- reasonable maintenance of carpets during the tenancy;
- steam cleaning or shampooing the carpets at the end of tenancies lasting one year or longer;
- steam cleaning or shampooing the carpets at the end of tenancies of any length involving pets or smoking;
- cleaning marks on the walls;
- removal of garbage from the rental unit;
- replacing light bulbs;
- routine yard maintenance, such as cutting grass and clearing snow, if you have exclusive use of the yard;
- minor mold issues; and
- repairing excessive damage from nail holes.
See your tenancy agreement and RTB Policy Guideline 1 for more information.
Improving your rental unit: If you want to make changes to your rental unit, such as painting the walls, ask your landlord for written consent. Making changes without permission could result in you owing your landlord some money, or having to restore the unit back to its original condition before moving out.
Wear and tear: Even the most well-behaved and respectful tenants can live in rental units that start falling apart due to old age. According to section 32(4) of the RTA, you are not responsible for wear and tear that results from reasonable use of your rental unit. However, there is a difference between “reasonable wear and tear” and “damage”. Reasonable wear and tear refers to deterioration due to aging or other natural forces. If you, your guests, or your pets cause damage beyond wear and tear, such as a broken window, you are responsible for that damage. Contact your landlord and work out a solution for how the repair will be completed. In most cases, your landlord will ask for money to hire a qualified professional. See RTB Policy Guideline 1 for more information.
Source: TRAC