Landlords and tenants: roles and responsibilities

Owning a rental property can be a great investment. But many first-time real estate investors aren’t aware of all of the different roles, duties and responsibilities they’re required to provide for their tenants – or that their tenants owe to them.

If you’re thinking about becoming a landlord, what can you and your tenants expect from each other – and what can you do if there’s a disagreement?

What landlords are responsible for

The rules governing landlords and tenants can vary from one province or municipality to another. But generally speaking, in British Columbia, landlords are responsible for:

·       Making sure the property is safe, clean, habitable and up to code.

·       Ensuring tenants have access to all vital and essential services, such as heat, water and electricity.

·       Providing tenants with a written lease, tenancy agreement, move-in/move-out instructions, strata rules and any other necessary documentation.

·       Respecting their tenants’ privacy and legal rights, including not interfering with a tenant’s reasonable and quiet enjoyment of their home.

·       Taking care of major structural repairs and maintenance issues in a timely manner, including fixing or replacing any broken appliances that are provided with the unit.

·       Providing at least 24 hours written notice before entering the property.

·       Following the provincial guidelines established each year governing the timing, notice and amount of annual rent increases.

·       Upholding all of the health, safety and housing standards and regulations set out in the B.C. Residential Tenancy Act.

What tenants are responsible for

Tenants, on the other hand, are responsible for:

·      Paying their rent in full and on time.

·      Paying any security, pet or other deposits within 30 days of signing their lease.

·      Keeping the property clean, sanitary and in good condition.

·      Respecting the rules outlined in their lease agreement or provided as a condition for occupying the property, such as following the strata bylaws for condominiums.

·      Taking care of minor fixes like replacing burned-out fuses or changing a lightbulb, and reporting any larger maintenance issues or repairs that are needed as promptly as possible.

·      Allowing the landlord to enter the premises to take care of emergency repairs or for a showing when provided with the appropriate advance written notice.

·      Returning the property to its original condition when they move out, such as re-painting any walls that were changed to a different colour, steam cleaning the carpets and taking care of any other changes that were made to the unit.

·      Getting written approval from the landlord before subletting or assigning the unit to anyone else.

·      Fixing or paying to repair any damages to the property that were caused by themselves, their guests or their pets beyond normal “wear and tear.”

What happens when one party doesn’t live up to its obligations?

If either the landlord or tenant isn’t living up to their duties and obligations, there are several steps you can take to help rectify the problem.

In most cases, the best first course of action is to try to resolve any issues amicably by communicating directly with your tenant, or through your property manager if you have one.

If this doesn’t work, you can give your tenant a written warning for minor or first-time breeches of the rules, issue an eviction notice for more serious lapses like damage to the property or non-payment of rent, apply to the Residential Tenancies section of the B.C. Housing and Tenancy branch to have the dispute adjudicated, or contact your lawyer for advice.

Find out more

Do you have any questions about landlords and tenants that aren’t covered here? Download a copy of the B.C. Residential Tenancy Policy Guidelines or contact us to schedule a free chat, phone call or consultation.