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BC's Residential Tenancy Act
Mon, 2015-01-05 20:32
#1
BC's Residential Tenancy Act
Mon, 2015-01-05 20:44
#2
I'll cut to the chase.
Does anyone know if it is legal for a landlord to make a new tenant pay first months rent, last months rent, and 1/2 month's rent deposit before the tenant even moves in?
And if that's the deal, once the tenant moves in, can the tenant hold off on his future rent cheques until the landlord only has 1/2 month's rent for deposit and the current month's rent?
Mon, 2015-01-05 21:04
#3
Holding last months rent is legit but the 1/2 month? That one I dont know
Mon, 2015-01-05 23:30
#4
1/2 month's rent deposit is legit according to Section 5 of the Act: Security and Pet Damages Deposits
Nowhere does it say holding last month's rent as a deposit as well as 1/2 month's rent as additional security deposit is legit.
From my reading of the Act the only lawful security deposit apart from pet security deposits is 1/2 month's rent.
I presume that when a tenant gets his/her security deposit back after he/she has moved out that he/she will receive interest on the tenant's security deposit that the landlord has been holding.
http://www2.gov.bc.ca/gov/DownloadAsset?assetId=7534728F91F74AC7BFFB82EC...
Mon, 2015-01-05 23:44
#5
Ive seen first and last months rent and a security deposit being allowed. The last months rent must get interest paid on it and is used when you give your 30 days notice
Tue, 2015-01-06 10:41
#6
I've never heard of BC landlords legally being allowed to keep the last month's rent, and I've lived in places where they would do it if they could get away with it.
Tue, 2015-01-06 12:14
#7
Interest is owed on security deposits as well. Probably any deposit.
Yeah, I've never heard of both kinds of deposits being charged. It's usually one or the other. Sounds like something the owner has been able to get away with. Tight housing markets in places like Ft St John probably see these kinds of demands, whether legal or not.
Tue, 2015-01-06 13:00
#8
Just don't rent from shady landlords like that. You will regret it, and you won't get any deposit back without a fight.
Tue, 2015-01-06 13:46
#9
ikosmos
North Report, make very f*cking sure that, should you accept the terms of the landlord, you have a very accurate assessment of the condition of the residence at the start. Lots of detail and leave nothing to chance. If someone takes all this money, they could try to scam some or all of it by claiming all sorts of fictitious damage and so forth at the end of the lease.
If you can give the Branch a call then go ahead and do that.
Thu, 2015-01-08 00:32
#10
It's illegal BD, and you offer good advice. Thanks.
Baccus get lost.
Not moving in there.
Once settled in new place, am thinking about creating a poster about this landlord breaking the law and ripping off tenants. I plan to walk up and down the street in from of the apartment building. Also will be handing out leaflets with a phone number or email address where oncerned citizens can lodge complaints. I want the manager of that bulding to know that I am out there picketing his building, as I would like to cripple his business. Will also probably advise the local community press at least, and yes, probably the CBC as well.
Where are Liberal Christy Clark's Residential Tenancy A'sct inspectors and enforcers, eh?
I forget Liberals only support the rich one percenters, who own these buildings, not the working people.
Just don't rent from shady landlords like that. You will regret it, and you won't get any deposit back without a fight.
Thu, 2015-01-08 00:34
#11
I'll be very surprised if this is passed.
Premier Clark won’t be seen to support Metro sales-tax increase, even though the vote is her idea The new tax — officially the Metro Vancouver Congestion Improvement Tax — would raise $250 million a year to pay for expanded and improved transit, roads and bridges
http://www.theprovince.com/news/Premier+Clark+support+transit+referendum...
Thu, 2015-01-08 20:57
#12
If you really want to burn that landlord bad, call the CRA. Illegal deposits should count as income, and you can bet they aren't reported.
I did it once, and there's nothing like the feeling when you know you've screwed over a scummy landlord.
The snitch line is easy to find on the CRA website, but try to get as much information together as you can first.
Thu, 2015-01-08 22:44
#13
Actually I thought I would wait until half way into the election campaign then invite the NDP candidate over to meet and discuss it with the press in front of the building. I know it's a provincial area of jurisdiction but a smear on a Liberal government, any Liberal government, during the election campaign, can't help but bring a smile to non-Liberals.
Fri, 2015-01-09 07:49
#14
Landlords in BC can not charge last months rent only a security deposit of half the months rent and an additional half if you have a pet. http://www2.gov.bc.ca/gov/topic.page?id=E5B468D8506740A48F8ECFB6C75B0B64
Fri, 2015-01-09 08:19
#15
Ma thanks. Excellent link.