My rent includes all utilities, including heat. My landlord handed me a copy of the heating bill yesterday and told me that I would have to pay for the heat from now on since it was too expensive. Is it necessary for me to pay?
You are not required to pay the bill. The lease agreement you have with your landlord is a contract, and the terms of the contract bind both of you. Your landlord cannot instruct you to pay more per month, just as you could not decide to pay $50 less per month in rent just because you felt like it. When your landlord agreed to pay the utilities, he acknowledged the possibility that they would rise in the future. The landlord may raise the rent in order to make more money. According to the RTA Handbook published by Service Alberta,
After a tenancy begins, landlords cannot force tenants to pay utilities unless the residential tenancy agreement:
- Is quiet on who pays the utilities, although the landlord has always taken a share of the rent to cover them.
Tenants and landlords might agree that utilities are no longer included in the rent.
Landlords must offer a valid written notice of a rent increase to recover increasing utility costs.
But what if your landlord still sends you a heat bill? You might want to consider writing your landlord a letter explaining why you are unable to pay your power payment. It’s a good idea to have everything in writing in case you have a disagreement with your landlord. If you’re refusing to pay because the lease specifies that utilities are covered, attach a copy of the agreement with that clause marked. You might also include a copy of the RTA Handbook section in the letter so that the landlord can contact Service Alberta for more information.
If the landlord wishes to raise the rent to compensate the higher-than-expected utility expenditures, he or she must adhere to the rent-hike laws. More information can be found in our Rent Increases Tipsheet.
Is it possible for a landlord to terminate a month-to-month lease in British Columbia?
A tenant who does not contest the notice within fifteen days of receiving it must vacate the premises by 1 p.m. on the notice’s effective date.
Month-to-month tenancies: A tenant who gives the landlord at least 10 days’ written notice and pays the rent up to and including the intended move-out date can end the tenancy sooner than the effective date. The landlord must reimburse the remainder of the rent if the renter has already paid a full month’s rent. In addition, the landlord is responsible for the balance of the compensation.
Fixed-term tenancies: The tenant cannot be forced to leave before the conclusion of the tenancy agreement’s stated fixed term.
In British Columbia, can a landlord levy a cleaning fee?
If a tenant seeks a move between flats in a multi-tenanted building, the landlord can levy a fee. The cost must be specified in the tenancy agreement and cannot exceed $15 or 3% of the monthly rent, whichever is greater.
If a strata company requires a fee for moving out of a strata building, a landlord can charge the renter.
The Province of British Columbia reviews and updates the content on this website on a regular basis, as indicated on each page: April 27, 2020.
What are the limits of what you can charge a tenant?
For far too long, Londoners have been compelled to pay exorbitant renting agent costs whenever they move, and even when their tenancy agreements are renewed. When the Tenant Fees Act takes effect on June 1, 2019, it will be illegal for a letting agent to charge you fees when you rent a new property or renew your current tenancy.
Deposits are also capped under the new legislation, lowering the amount that tenants must pay up ahead. This means that on average, London renters will save over 600 each time they relocate. The Mayor worked with organizations like Shelter and Citizens Advice to put an end to these extortionate fees and cut tenant deposits. It’s part of the Mayor’s plan to improve and make renting in London more affordable.
Who is responsible for paying the electricity bill among the tenants?
When a property is vacant between tenancies, landlords are usually expected to pay utility bills. If a landlord is in control of an HMO, he or she may choose to pay the utility bills directly if the property is rented out by bedroom. The landlord would include the expense in each tenant’s monthly rent in this situation (split accordingly).
If the relevant names on the utility accounts were not updated when new tenants moved in, landlords may be held liable for utility bills. Due to the fact that landlords are responsible for paying utility bills during vacancies, the former tenant’s name should be substituted with the landlord’s until a new renter moves in. To prevent being hounded for payments they don’t owe, landlords should amend the relevant utility information as soon as the new renter moves in.
While tenants may be responsible for changing utility names, having the landlord oversee the transition may alleviate any confusion and give them piece of mind. When a renter incorrectly names the landlord on utility bills, the landlord can be relieved of any payments if adequate documentary evidence of the tenant’s occupancy is presented to the local council and the energy supplier.
What Can’t a Landlord Do BC?
- Subletting: If there are six months or more left on the tenancy agreement, a landlord cannot refuse a tenant’s request to sublet. Before subletting, the tenant must obtain formal approval from the landlord, and both the tenant and the new sub-tenant must sign a new sublease agreement.
- Service dogs: A landlord cannot legally refuse to rent a property to someone who has a service dog, nor can they deny guests who have a guide dog or service dog as well. The only exception is if the condo association has restrictions prohibiting dogs.
- Guests: A landlord cannot put a stipulation in a lease that prevents a tenant from having visitors. A landlord cannot also impose a fee for guests.
- Additional deposits: A landlord cannot demand a security deposit of more than one-half of a month’s rent, as well as a one-half-rent month’s pet damage deposit. If the rent rises, it is prohibited for the landlord to raise the deposit amount.
In British Columbia, can a landlord refuse to renew a lease?
Unless the landlord and tenant make different arrangements, the Residential Tenancies Act (RTA) presume that a renter will leave at the end of the term. When a fixed-term lease ends, neither the landlord nor the tenant is required to give each other written notice under the RTA. However, both landlords and tenants should give notice before terminating a fixed-term lease.
The renter and landlord should talk about whether the tenant wants to stay at least one month before the lease expires. If the tenant wants to stay, the landlord and tenant will need to sign a new lease. The landlord, on the other hand, is not required to consent to a new lease. If the landlord refuses to sign a new lease, the tenant must vacate the premises by the term’s expiration date.
A renter can continue to live in the rental property without signing a new contract under two conditions. The first is when the initial lease has a provision allowing the tenancy to be renewed without notice after the lease term has expired. The tenancy becomes a periodic tenancy if the renter decides to stay. The second scenario is when a tenant stays in the rental property after the lease has expired and the landlord continues to collect rent from the renter. In this case, the fixed-term lease becomes a periodic tenancy.
Is it legal for a landlord to charge for wear and tear?
In rental properties, some wear and tear is unavoidable, and regular wear and tear is supposed to be paid for by the landlord but not damage. Landlords have the legal right to sue for the expense of repairing or rebuilding their property.
What constitutes regular wear and tear on a rental property in British Columbia?
Your lease is up in a week, and you’ve already given your landlord notice that you’ll be leaving. You think everything appears to be clean, but you’re not sure if you should stay up until 2:00 a.m. cleaning the place before you go. You might also be asking if your landlord has the authority to withdraw money from your security deposit and charge you for cleaning…so, what are the regulations for cleaning and security deposit deductions?
To begin with, a landlord cannot remove money from a security deposit for losses caused by regular wear and use on the property. Normal wear and tear refers to the deterioration of the rental property over time, even though the renter has been cleaning and maintaining it on a regular basis. Mild scratches on a kitchen work surface, for example, are usually typical wear and use. Food and filth on your walls, cupboards, and appliances, on the other hand, is damage that goes beyond natural wear and tear.
What can a tenant do if the landlord refuses to return the security deposit?
Second, a landlord can remove money from a security deposit if the property has been damaged beyond regular wear and use (assuming that the landlord did a proper move-in and move-out inspection). For example, your security deposit could be deducted to cover the costs of cleaning up food and filth on your walls, but not for minor scratches on the kitchen work surface.
Carpet cleaning is a major source of contention between landlords and tenants. If you left obvious stains and grime on the carpet while living there, the landlord may deduct carpet cleaning charges from your security deposit as damages beyond normal wear and tear. The landlord, on the other hand, could not charge you for cleaning the carpet if it was clean and simply showed signs of regular wear and tear.
Here are some pointers to help you prevent problems with cleaning and security deposit deductions when you move out:
- You have a legal obligation to keep the premises in a reasonable state of cleanliness. As a tenant, you should clean and maintain your rental property on a regular basis.
- Clarify what will be expected of you in terms of cleaning when you move out with your landlord in writing. This is something you should do when you first move in or well before you leave.
- If you have a pet, you need take extra precautions when cleaning the house. If you have a dog, for example, ensure that any fur, dung, or dirt tracked into the premises is cleaned up. Prepare for security deposit deductions when you move out, since you may be required to pay for expert carpet cleaning to remove any noticeable filth and stains left by your dog.
- If you require additional cleaning time before moving out, speak with your landlord to see if an alternate move out date may be arranged. Any contract should be written down.
- In addition to the inspection reports, keep any photographic and video proof of what the premises looked like when you moved in and exited. The data and reports will be useful if you ever have a dispute with your landlord over security deposit deductions.
Is the landlord required to return half of the security deposit if two tenants rent an apartment jointly and one of them goes out?
Keep in mind that the landlord has the right to deduct money from a security deposit in other circumstances. A landlord, for example, can keep money from a security deposit if:
- You do harm to the property (and the landlord completes proper inspection reports). If you punch a hole in the wall, for example, your landlord can deduct money from your security deposit to repair it.
Is it possible for a landlord to take carpet cleaning or painting costs from a tenant’s security deposit?
If your security deposit does not cover all of the losses beyond normal wear and tear, your landlord can seek additional compensation from you through the Residential Tenancies Dispute Resolution Service or the courts. The dispute resolution officer or judge will eventually decide whether or not you should pay the damages.
In a rental property, what constitutes regular wear and tear?
The term “normal wear and tear” refers to the progressive deterioration of a property over time. For example, over the course of months and years, worn carpets, faded draperies, and little scuffs and scrapes on the walls are all things that are exceedingly difficult, if not impossible, to avoid.
In these situations, it is unreasonable to ask your tenants to bear the expense of repairs or replacements.
Is it legal for my landlord to charge me for electricity?
There is no limit to how much rent a landlord can ask for in advance, but it is illegal to call extra expenses rent in advance.
If your landlord provides these services, they can still charge you for gas, electricity, and water. They can’t charge you more than the supplier charges them.