BC residential lease: what landlords must include

The basics every BC lease needs

A BC residential tenancy agreement should identify the landlord and tenant, the rental unit address, the start date and term, the rent amount and due date, and what is included in rent (utilities, parking, storage, laundry). It should also state how rent is paid and who to contact for repairs.

Even if your lease is missing something the RTA requires, the Act fills the gap automatically — but spelling it out prevents arguments later.

Security and pet damage deposits

BC has some of the strictest deposit rules in Canada. A landlord may collect a security deposit of at most half a month's rent, and a separate pet damage deposit of at most half a month's rent. No other deposits or fees are permitted — key money, "move-in fees," and similar charges are illegal.

Deposits must be held in a trust account, and the landlord must complete written condition inspection reports with the tenant at move-in and move-out. At the end of the tenancy, the deposit must be returned within 15 days of the tenant providing a forwarding address — unless the tenant agrees otherwise in writing or the landlord applies to the Residential Tenancy Branch to keep it.

Rent increases: the rules

Rent in BC can only be increased once every 12 months, with at least three months' written notice on the official Residential Tenancy Branch form. The increase cannot exceed the annual allowable limit set by the BC government.

A new tenancy with a new tenant is not a rent increase — the landlord can set any rent for a new tenant. But for a continuing tenant, the 12-month and notice rules are strict, and an improper increase can be challenged.

Clauses landlords cannot enforce

Some lease terms are void under the RTA no matter what the tenant signed. The most common problem clauses:

• No-pet clauses are generally unenforceable in BC for most tenancies — though strata bylaws can still restrict pets in condos.
• Requiring post-dated cheques or automatic payments as a condition of the tenancy.
• Waiving the tenant's rights under the Act — any term that contradicts the RTA is void.
• Unreasonable restrictions on guests; tenants are entitled to have guests.
• Eviction without using the proper RTB notice forms and following the legal process.

Repairs and the landlord's obligations

Landlords must maintain the rental unit in a state of repair that complies with health, safety, and housing standards, and must respond to repair requests in a reasonable time. Tenants, in turn, must keep the unit reasonably clean and repair damage they cause beyond normal wear and tear.

Your lease should spell out how to report repairs and include emergency contact information. Putting the process in writing avoids the "I told you verbally" disputes that plague tenancy hearings.

Ending a tenancy properly

A fixed-term tenancy in BC automatically converts to a month-to-month tenancy when the term ends unless both parties agree otherwise in writing or the landlord has a lawful reason to end it. Landlords can only end a tenancy for specific reasons set out in the Act — such as the landlord's use of the property, major renovations, or repeated late rent — and must use the correct notice form with the correct notice period.

Tenants ending a month-to-month tenancy must give at least one full month's written notice, effective on the last day of a rental period.