Tenancy Agreement

Tenancy Agreements in BC are governed by the Residential Tenancy Act (SBC 2002, c. 78), which sets out the rights and obligations of both landlords and tenants. The Act is administered by the Residential Tenancy Branch (RTB), which also provides a free standard form Tenancy Agreement known as the RTB-1. Any term in a Tenancy Agreement that is inconsistent with the Residential Tenancy Act is void to the extent of the inconsistency.

Under the Residential Tenancy Act, a landlord must provide a written Tenancy Agreement at the start of a tenancy, even if the parties have agreed verbally. The agreement must include the rent amount, the tenancy start date, whether it is fixed-term or month-to-month, the deposit amount, and the landlord's standard terms mandated by the Act. The RTB's free RTB-1 form already incorporates all mandatory terms required under the Residential Tenancy Act.

When a tenanted property is sold in BC, the existing Tenancy Agreement transfers automatically to the new owner under the Residential Tenancy Act; the new owner steps into the former landlord's position and inherits all obligations under the agreement. The tenant's rights are fully preserved, and the sale itself is not a valid reason to end the tenancy. The new owner must honour the terms of the existing Tenancy Agreement, including the rent amount and any fixed-term end date.

As of amendments effective in 2024, a purchaser who requires the property for personal or close family member use must give the tenant at least four months' written notice to end the tenancy under the Residential Tenancy Act. This four-month notice requirement replaced the previous two-month notice period. The notice can only be given once a sale has completed and the new owner has title to the property.

No. Under the Residential Tenancy Act, any provision in a Tenancy Agreement that purports to waive or contract out of a right, remedy, or protection granted to a tenant under the Act is void and unenforceable. Both parties are bound by the Act's minimum standards regardless of what the written Tenancy Agreement states. Landlords and tenants may include additional terms in their agreement, provided those terms do not conflict with the Residential Tenancy Act.

When a strata lot subject to a Tenancy Agreement is sold, the new owner inherits the landlord's obligations under both the Residential Tenancy Act and the Strata Property Act (SBC 1998, c. 43). The strata corporation's bylaws and rules continue to bind both the new owner and the tenant, and the tenant must be made aware of applicable strata bylaws. A purchaser of a tenanted strata lot should obtain a Form B Information Certificate under the Strata Property Act to confirm any strata-related obligations that will affect the tenancy.

Under the Residential Tenancy Act, a landlord may collect a security deposit at the start of a tenancy, but the amount is capped at one-half of one month's rent. The deposit must be held in trust and can only be applied to unpaid rent or damage beyond normal wear and tear at the end of the tenancy. Any dispute over the return of a security deposit is resolved through the Residential Tenancy Branch's dispute resolution process.

Under the Residential Tenancy Act, a fixed-term Tenancy Agreement does not automatically terminate at the end of the fixed term unless the agreement contains a specific vacate clause permitted by the Act or proper notice has been given. If neither party takes steps to end the tenancy, it typically converts to a month-to-month tenancy on the same terms. Landlords should be aware that including a vacate clause is only permitted in limited circumstances defined by the Residential Tenancy Act and its regulations.

When a landlord or real estate licensee collects personal information from prospective or current tenants — such as identification, income verification, or rental history — they must comply with BC's Personal Information Protection Act (PIPA). PIPA requires that personal information be collected only for purposes a reasonable person would consider appropriate, that individuals be informed of the collection purpose, and that the information be stored and used securely. Real estate licensees must also follow BCFSA guidance under the Real Estate Services Act (RESA) regarding the handling of client personal information.

Under the Real Estate Services Act (RESA) and BCFSA's rules, a real estate licensee must disclose all known material latent defects and material facts to a buyer, which includes the existence and terms of any Tenancy Agreement on the property. The licensee should ensure buyers understand that the Tenancy Agreement transfers with the property and that the new owner assumes the landlord's obligations under the Residential Tenancy Act, including applicable notice requirements. Failure to disclose a tenancy's material terms could constitute a breach of the licensee's duties under RESA.