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FACTS ABOUT
Tenancy Agreement
What is it?
A tenancy agreement is a contract between a landlord
and a tenant for when a tenant lives in a rental unit.
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Are there different kinds of tenancy agreements?
A tenancy agreement can be written, oral or implied.
A written tenancy agreement must be signed by the
landlord and the tenant. The landlord must sign the tenancy agreement
and give the tenant a copy of the agreement, within 21 days of the
tenant signing it.
A tenancy agreement may have a specific date when it
ends.
For example: January 1 to December 31. This
is called a fixed-term tenancy agreement. Another kind is a month-to-month tenancy agreement.
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What does a tenancy agreement do?
A standard residential tenancy agreement provides
information on:
- the date the tenancy begins and ends;
- the amount of the rent and the date it must
be paid;
- what is included in the rent;
- the names of the people who will live in the
rental unit with the tenant;
- the utilities the tenant is responsible to
pay; and
- rules and conditions from The Residential
Tenancies Act as well as the
landlord's own reasonable house
rules.
If the tenancy agreement is for a fixed term, the
landlord must give the tenant a new tenancy agreement no later than
three (3) months before the end date of the existing agreement.
For example: If a fixed-term tenancy
agreement is from January 1 to December 31, the landlord must give the tenant a new tenancy agreement on or before September
30.
The new agreement must be for the same length of
time and include the same benefits and obligations as the existing
agreement. The landlord must advise the tenant in writing that if the
tenant plans to stay in the rental unit, the new agreement must be
signed and returned to the landlord at least two (2) months before the
end of the existing agreement. If the tenant does not sign and return
the new agreement to the landlord as required, the tenancy is
terminated.
If the landlord does not give the tenant a new
tenancy agreement and the tenant continues to live in the rental unit
after the end of the existing agreement, the agreement is
renewed for another term. The term of the renewed agreement is
the same as the term of the original agreement or 12 months, whichever
is less. The landlord may increase the rent during the term,
with three months' written notice to the tenant.
When an agreement is automatically renewed because
of a landlord's failure to offer a renewal, the tenant may terminate
the renewal agreement by giving the landlord notice of one rental
payment period. For example: When an agreement is
automatically renewed from October 1 to September 30, the tenant can
give notice on or before March 31 to end the tenancy on April 30.
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For more information
This fact sheet is only a brief explanation. For
more information contact:
The Residential Tenancies Branch
For
Branch offices click here
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