Renting a home or apartment in BC comes with a shared set of responsibilities between landlords and tenants. Tenancy agreements are meant to outline each party’s duties surrounding safety, maintenance, and liability; however, they’re not always straightforward. Under BC law, landlords have a legal duty to provide reasonably safe, livable housing. That being said, tenants also have a role to play.
Tenant Rights and Responsibilities
In BC, tenants are afforded the right to:
- Live in a safe, habitable rental unit that meets health and safety standards.
- Receive necessary repairs in a timely manner once the landlord has been notified.
- Be free from landlord harassment or unreasonable interference.
- Report issues or file complaints, like unsafe conditions or maintenance concerns, without fear of retaliation such as eviction threats or rent increases.
- Quiet enjoyment of the property for reasonable use and without disruption.
To remain in good standing, tenants must uphold their side of a tenancy agreement. This means certain responsibilities must be maintained, including:
- Paying the agreed rent on time.
- Behaving accordingly, keeping a clean, sanitary premise, and repairing willful or negligent damages that occurred through the actions of the tenant or a guest that the tenant allowed onto the property.
- Maintaining a civil relationship with the landlord without any harassment, obstruction, coercion, or threats.
- Contacting the landlord as soon as reasonably possible following a serious issue with repairs or services.
- Allow the landlord entry (with appropriate notice) to conduct repairs or to show the property to another prospective tenant or a property buyer.
Those who intend to rent and are unsure about rights or duties should review a sample residential tenancy agreement provided by BC’s Residential Tenancy Branch to help clarify expectations.
What BC Laws Dictate Landlord Duties?
Two important laws govern landlord responsibilities to tenants: the Occupiers Liability Act and the Residential Tenancy Act. Together, these laws establish that landlords must keep rental properties in a reasonably safe condition so that the property is livable and compliant with health and safety standards. If these duties are neglected and result in someone’s injury or harm, landlords may be held legally and financially liable.
Occupiers Liability Act
This doctrine applies to anyone who has physical possession of or control over a property. In the context of a rental, landlords would be considered the occupier. This law asserts that landlords have to take reasonable care to provide tenants and other visitors with safe conditions on the premises. This involves addressing known hazards, performing regular maintenance and inspections, and responding to tenant reports of dangerous conditions in a timely fashion.
If a landlord was alerted to a safety issue or should have known about it through routine care and failed to remedy the situation, which in turn caused injury, the landlord may be held liable for damages.
Residential Tenancy Act
This law outlines what landlords must provide and maintain so tenants can have a safe, habitable place to live. This includes:
- Keeping the property in good repair by addressing structural issues, damage, and wear in a timely manner aligned with health, safety, and building codes.
- Maintaining essential services like heat, electricity, and water unless the tenancy agreement clearly states that the tenant is responsible for arranging and paying for these utilities.
- Repairing or replacing appliances and fixtures that were provided with the rental unit and are necessary for safe, functional living.
- Respecting the tenant’s legal rights, such as not entering the unit without proper notice and not harassing, threatening, obstructing, or intimidating the tenant.
- Allowing the tenant and guests to courteously use and enjoy the property without unreasonable interference.
- Refraining from seizing a tenant’s property as collateral for rent default or other deviation from the tenancy agreement, unless deemed acceptable through legal channels.
These obligations apply throughout the entire duration of the tenancy, not just at the beginning. If a landlord fails to meet these responsibilities, the tenant may be able to take legal action.
What to Do After Being Injured at a Rental
If you were injured on a dangerous premise due to a landlord’s neglect, you need support that you can count on. It’s critical to contact a trusted personal injury lawyer as soon as you can following your injury so that you don’t lose out on any compensation that you may be entitled to. Every province and territory has its own landlord and tenant legislation. The team at Stephens & Holman can help you determine if you have a case. Contact our office today to schedule your free consultation.