Tenant Rights

The tenant can end the lease and give notice to the landlord in the following ways:

1. For a Fixed Term Tenancy that requires the tenant to move at tenancy completion

• This requires the tenant to simply move out at the end of their term. They do not need to give any notice as it is stated in the contract that the lease term is to be completed.

2. For a Fixed Term that doesn’t require the tenant to move out at tenancy completion

• This requires the tenant to provide 1 month’s notice to the landlord in writing (not emails or text messages) and must be signed. It must also include the date at which the tenant wishes to vacate. 

2. For a periodic tenancy

• The tenant must provide 1 month’s notice to the landlord in writing (not emails or text messages) and must be signed. It must also include the date at which the tenant wishes to vacate .

3. For breaches of Material Term of the lease agreement

• If the Landlord is not fulfilling their obligations as a landlord, the tenant may give the notice to end the tenancy. The tenant must first provide the landlord with warnings and valid reasoning (such as no heat or hot water, does not repair something vital, etc) If after a reasonable time the Landlord does not resolve the situation the tenant can end the tenancy.

When it is a tenant giving notice to a Landlord they do not have to use any special forms. However, it does need to be in writing, has the date stated of when the move out will take place and be signed by all parties of the lease agreement.

• The tenant is protected by The Residential Tenancy Act from certain types of rent increases.

• Written notice of increase must be 3 months before the rent increase occurs.

• The landlord may only increase rents equal to the consumer price index – The maximum rent increase in BC for 2024 is 3.5%

The landlord may increase the rent if:

• 12 months have passed since the last rent increase.

• If the premises are re-rented to new tenants, rent can be raised to fair market value.

The rent cannot be increased just because there is a new owner or landlord. The amount of rent stays with the tenants (time) at the property. In certain circumstances, the landlord can apply for an additional rent increase if the rent is substantially lower than current Market Values, or if they plan to do updates that would greatly benefit the life of the tenant.

Other Fees:

A landlord can also charge fees for certain things that come with renting a property. Such things could be fobs to enter into apartment buildings or parking garages. Gate openers or Mailbox keys. Depending on what is agreed upon in the signed lease agreement, these fees may be refunded when the items are returned at the end of the tenancy.