B.C. Rental laws define the rights and obligations of the parties in leases. Even if your roommate owns the house and you rent a room and share the kitchen, living room or bathroom with her, she is your landlord, but because you share the house with her, you are not protected by the Tenancies Act. This can vary a bit from province to province, so make sure you know what rights you have in your area and in your particular situation. At the end of the term of a fixed-term lease, the landlord and tenant may agree on another fixed term or the tenancy is continued monthly. Rent can only be increased between fixed-term leases with the same tenant if the termination and rent increase deadlines are met When a roommate moves, does the landlord have to return part of the deposit? Once a tenancy has begun, the terms of the lease can only be changed or added with the written consent of both the landlord and the tenant. Removing standard terms is not an option – they are included in every lease, whether written or not. In addition, there are standard conditions established by law that define the rights and obligations of landlords and tenants. These include rent increases, the landlord`s access to a unit, repairs and subletting. “Tenants together” means tenants who live in the same rental unit but have separate leases with the landlord. For example, a landlord can rent individual rooms in a house under separate agreements. With this type of roommate setup, you are only responsible for your own behavior. If another tenant doesn`t pay their rent on time or decides to move, it won`t have any legal impact on your tenancy.
This is not an essential term: even if a service or entity is not essential, it can still be considered an essential condition of the lease – a clause considered so important that the slightest breach of it gives the other party the right to terminate the contract. If the landlord does not correct a violation of an essential provision, the tenant can end the tenancy and request a dispute resolution to claim compensation from the landlord. In British Columbia, for example, according to the Tenant Resource and Advisory Centre, there are 3 main types of roommate situations: roommates, residents and tenants together. If a roommate moves without notifying the landlord, the remaining roommate and the one who moves would still be responsible for paying the full rent. You will have to decide among yourselves the best way to deal with it. If you are the roommate who pays the bill, you can try to follow the deceased roommate for his part, but you may not get support from the Tenancies Act. However, the disadvantage of this type of establishment is that your landlord may not consult you when choosing your roommates. Landlords are required to enter into a written agreement for each rental. Even if a landlord does not prepare one, the standard terms of a rental agreement apply.
Paying a deposit also establishes a lease, even if there is no written rental agreement and the tenant never moves in. NEW One of my roommates is moving and we don`t have anyone who can move in right away. Is he still responsible for his share of the rent? Landlords do not need a tenant`s consent to make changes to a contract: when a rental property is sublet, the original tenant leaves the rental property and a new tenant (the subtenant) moves in to take his place, but the original lease remains in place. Often, the original tenant expects to return to the unit. For example, students usually rent their rental accommodations for the summer from May to August with the intention of returning in September. This, in fact, ends the rental for all remaining roommates. Please note that this is the case in British Columbia, but not in all other provinces. This could lead to a problem if the other roommates want to stay, as they would then have to sign a new lease with the landlord, which could involve renegotiating the rent amount as well as other terms. A better option may be to check with the owner and see if you can replace the old roommate with a new one. This would mean a simple modification of the original agreement. The landlord and tenant must sign and date the contract. Landlords must provide their tenants with a printed copy within 21 days of entering into the contract.
If you decide to sign a lease with one or more roommates, make sure you know what you`re getting into. Check the laws of your province, know your rights, carefully review the lease before signing it, and know what steps to take if your relationship with your roommate deteriorates. Having everything documented in a solid colocation agreement can go a long way in avoiding problems or finding a solution if that`s the case. Be sure to include all the standard terms in the lease using these forms: If a roommate did not sign the lease, is they still responsible for the terms of the lease like shoveling snow? Roommates are jointly responsible for everything related to their tenancy, which means they are all equally responsible for each other`s behavior. If the total rent is not paid on time because of a roommate, the landlord could issue an eviction notice that applies to everyone. .