Am I Covered By The Law?

The Basics

Housing NOT Covered by the Residential Tenancy Act

Section 4 of the RTA lists the types of living situations not covered by the RTA:

  • accommodation where the tenant shares a bathroom or kitchen with the owner of the property;
  • accommodation provided to a student or employee by their school;
  • accommodation included with property occupied primarily for business purposes and rented under a single agreement;
  • vacation or travel accommodation;
  • emergency shelters and transitional housing;
  • correctional institutions;
  • rental agreements with terms of 20 years or longer;
  • accommodation rented by a housing cooperative, or “co-op”, to a member of the cooperative;
  • accommodation in a housing-based health facility that provides hospitality support services and personal health care;
  • accommodation made available in the course of providing rehabilitative or therapeutic treatment or services;
  • housing that falls under the Community Care and Assisted Living ActContinuing Care Act, or Hospital Act; and
  • accommodation, if designated under the Mental Health Act, in a Provincial mental health facility, an observation unit, or a psychiatric unit.


 

Housing COVERED by the Residential Tenancy Act

The good news is that most rental housing in BC is protected by the Residential Tenancy Act (RTA). Tenants most commonly live in apartment buildings or rented houses, including secondary suites, but the RTA can apply to other types of housing too. Rented co-op units, hotel tenancies, illegal secondary suites, rental units on “lands reserved for Indians”, strata buildings (condos or townhomes), subsidized housing, and verbal tenancies can all be covered by the RTA, to varying degrees. These types of tenancies may involve additional laws and governing bodies and can present complex scenarios for tenants and landlords.

Cooperative Housing: The RTA does not apply to accommodation rented by a housing cooperative, or “co-op”, to a member of the cooperative. However, if you rent from a member of a co-op, and are not a member yourself, you will most likely be protected by the RTA.

Hotels and Single Room Occupancies (SROs): Hotels are covered by the RTA, if a tenancy has been established and the property is the tenant’s primary and permanent home. You have probably heard of a specific type of hotel known as a Single Room Occupancy Hotel, or “SRO”. These are commonly found in Vancouver’s Downtown Eastside and provide short-term or long-term housing to low income tenants. Like standard hotels, SROs are covered under the RTA, if a tenancy has been established and the property is the tenant’s primary and permanent home. See RTB Policy Guideline 27 for more information.

Illegal Secondary Suites: A secondary suite could be a basement suite, laneway house, or other unit that is on the same property as a residential house. If a secondary suite does not comply with zoning and bylaw requirements, or has not been registered with the City, it may be considered an “illegal suite”.

The most important thing to remember about illegal suites is that they are covered by the RTA. That being said, it is not ideal to be living in one, as your housing could be at risk if your City finds out about the suite. This can sometimes happen if a dispute with a neighbour turns into a complaint to the City, or if you go to the City seeking help with repair or maintenance concerns.

When a City discovers an illegal suite, they may decide to shut it down. If this is the case, you will be given a One Month Eviction Notice for Cause under section 47(1)(k) of the RTA and your landlord will most likely not be responsible for paying any of your moving expenses. See RTB Policy Guideline 20 for more information.

Rentals on “Lands Reserved for Indians”: If you are renting a home on “lands reserved for Indians” (Reserve Lands) as defined by section 91(24) of the Constitution Act, the RTA may partially apply. Any disputes over use and possession of Reserve Lands, such as eviction, fall under the authority of the Federal Government – not the provincial RTB. However, the RTA may apply to a situation involving a monetary claim, such as the return of a security deposit, but only if the landlord is not an Indian or Indian Band, as defined by the Indian Act. See RTB Policy Guideline 27 for more information.

Strata Buildings (Condos or Townhomes): In strata buildings, owners own individual units but share ownership of the common space. When you rent a strata property from an owner, you are covered by both the RTA and Strata Property Act (SPA). All strata buildings have a set of bylaws and rules that owners and tenants must follow. When entering into a tenancy, your landlord should have you sign a “Form K”, which indicates that you have been notified of the current bylaws and rules. Even though you are not an owner, you may still be subject to fines or fees. For example, you might have to pay fees when moving in and moving out according to section 7(f) of the Residential Tenancy Regulation, or you may have to pay fines levied by the strata corporation if you disturb neighbours or damage property according to section 131 of the SPA.

A strata corporation can also try to evict a tenant under section 138 of the SPA by serving a One Month Eviction Notice for Cause under section 47 of the RTA. However, even though this section exists in the SPA, the RTB has been known to deny jurisdiction in such cases at dispute resolution, claiming that a strata corporation does not fit the definition of “landlord” in section 1 of the RTA. This is a grey area of the law where the SPA and RTA somewhat contradict each other. If you receive an eviction notice from a strata corporation, the safest action is to not ignore it. Instead, apply for dispute resolution and allow an arbitrator to rule on the matter.

Subsidized Housing: The term “subsidized housing” generally applies to any housing where the government provides monetary assistance to lower the rent. Unless you are a member of a housing cooperative, or “co-op”, subsidized housing is covered by the RTA. Here are the most common types of subsidized housing:

  • Public housing: a government department, BC Housing, manages rental units for low-income families, seniors, and people with disabilities.
  • Non-profit housing: non-profit organizations receive government money to manage subsidized rental units for tenants throughout the province.
  • Rental supplements:

Verbal Tenancies: Although section 13 of the RTA requires landlords to prepare tenancy agreements in writing, section 1 of the RTA also says that a tenancy agreement can be “oral, express or implied”. This means that you do not have to sign a written agreement to establish a tenancy. Despite the fact that verbal tenancies are covered by the RTA, it is still always best to have a written agreement with your landlord.

 


 

Landlords, Owners and Agents

It is important to understand the difference between the terms “owner”, “landlord”, and “agent”. All tenancies under the Residential Tenancy Act (RTA) have an owner who is automatically considered a landlord. In addition, some  tenancies will include agents acting as secondary landlords on behalf of the owner. For example, if you rent a unit in a large apartment building, there is a good chance the owner will hire a property management company to manage the building. In this situation, the owner and the property management company, acting as the owner’s agent, are considered your landlords. This means that if you have any problems during your tenancy, you can list both of them on an application for dispute resolution. See section 1 of the RTA for more information.

 


 

Previous Legal Decisions

 

  • Jurisdiction denied (business)
  • Jurisdiction denied (transitional housing)
  • Jurisdiction denied (personal property not in unit)
  • Length of stay does not determine whether there is a tenancy