Types of rental housing situations

The Residential Tenancy Act does not apply to living accommodation in which the tenant shares bathroom or kitchen facilities with the owner of that accommodation. Depending on the type of dispute and amount of the claim, disputes between a tenant and the owner may be resolved through the Civil Resolution Tribunal or the court system.

The Residential Tenancy Branch does not have jurisdiction to resolve disputes between roommates. Most roommate disputes can be resolved through the Civil Resolution Tribunal or the court system.

Depending on the nature of the tenancy agreement, roommates may or may not be able to resolve disputes with their landlord through the Residential Tenancy Branch.

If all roommates in a rental unit have signed a tenancy agreement with the landlord (either the same agreement or separate agreements), they can resolve disputes with their landlord through the Residential Tenancy Branch. However, if a roommate has an agreement with another tenant, but not the landlord, they can’t resolve disputes with the landlord through the Residential Tenancy Branch as there is no contractual relationship between the roommate and the landlord.

• For more information about roommates visit the Tenant Resource and Advisory Centre (TRAC) website 

In strata housing, the owners own their individual strata lots and together own the common property and common assets as a strata corporation. Strata property owners can act as landlords and rent out their strata lot.

Many strata properties are condominiums, but strata housing can also include townhomes and even detached single family homes.

• Learn more about different types of strata properties.

When renting in strata properties, tenants and landlords must follow the Strata Property Act and regulation, the strata corporation’s bylaws and rules, and the Residential Tenancy Act or Manufactured Home Park Tenancy Act.

Strata corporations can fine strata owners and tenants who don’t follow the bylaws and rules.

Disputes between owners and the strata corporation, or between tenants and the strata corporation, may be resolved through the Civil Resolution Tribunal.

In certain cases, a strata corporation may be able to take the place of a strata owner and evict a tenant in a strata lot. See section 9 of Policy Guideline 27: Jurisdiction (PDF, 344KB) for more information.

• Learn more about tenants in strata properties
• Learn more about landlords and strata corporations

Commercial tenancies are usually associated with a business operation like a store or an office. In most cases, neither the Residential Tenancy Act nor the Manufactured Home Park Tenancy Act apply to commercial tenancies.

Commercial tenancies are contracts between landlord and tenants. Unlike residential tenancies that contain standard terms, they are not subject to set terms and can vary substantially depending on what the parties agree to. Due to the variability of contract terms, landlords and tenants may seek independent legal advice on what options may be available to them in the event of a breach of the contract terms. The Commercial Tenancy Act and the Rent Distress Act set out recourses available to landlords if a tenant does not pay rent.

For more information, read our policy guideline on commercial and residential tenancies.

If the Residential Tenancy Branch does not have jurisdiction, disputes may be resolved by the Civil Resolution Tribunal or the courts. 

• Click here for more information on what to do if your tenancy is not covered
• Get legal help by contacting the Community Legal Assistance Society

The Residential Tenancy Act does not apply to living accommodation provided for emergency shelter or transitional housing.

An emergency shelter is a facility that provides temporary overnight shelter to people experiencing homelessness.

Transitional housing means living accommodation that is provided:         

1. On a temporary basis     
2. By a person or organization that receives funding from a local government or the government of British Columbia or of Canada for the purpose of providing that accommodation, and   
3. Along with programs intended to assist tenants to become better able to live independently.

Supportive housing is long-term or permanent living accommodation for individuals who need support services to live independently. This type of housing falls under the Residential Tenancy Act.

More information on the differences between emergency shelter, transitional housing, and supportive housing is available in our policy guideline.

Seniors' housing varies depending on the level of assistance and care required.

Independent housing, which is not defined in any legislation, typically refers to seniors who may live in retirement communities or other housing geared towards seniors. These may be stand alone seniors’ housing facilities, or there may be independent living units co-located within assisted living and long-term care facilities. As part of a tenancy agreement with the landlord/facility operator, services such as leisure activities, dining or housekeeping may be offered. These types of tenancies generally fall under the Residential Tenancy Act.

Supportive housing is long-term or permanent living accommodation for individuals who need support services to live independently. This type of housing falls under the Residential Tenancy Act.

Assisted living provides housing and assistance services for adults who can live independently but require regular assistance with daily activities. Facilities must be registered under the Assisted Living Registrar and the Residential Tenancy Act does not apply.

Residential care is for people who require 24-hour professional care and are unable to live independently. These licensed care facilities are governed by the Community Care and Assisted Living Act and do not fall under the Residential Tenancy Act.

• Learn more about the differences between assisted living and long term care homes

Military housing administered by the Department of National Defence and managed by the Canadian Forces Housing Agency (CFHA) is not covered by the Residential Tenancy Act. The CFHA has a dispute resolution service for disputes involving military housing.

• Click here for more information on the Canadian Forces Housing Agency dispute resolution service 

The Residential Tenancy Act does not apply to living accommodation rented by a not-for-profit housing cooperative to a member of the cooperative. Refer to the Cooperative Association Act for more information. Learn more about how the Civil Resolution Tribunal handles certain cooperative housing disputes.

The Residential Tenancy Act will generally apply to situations where a tenant who is not a member of the cooperative rents a unit from a member of the cooperative, as long as a tenancy has been established.

The Residential Tenancy Act does not apply to living accommodation owned or operated by an educational institution and provided to students or employees of the institution. However, the act may apply if a university provides accommodation to individuals other than students or employees of the university, if a tenancy has been established.

For more information about how to determine if a tenancy exists, read our policy guideline on tenancy agreements and licenses to occupy. You may also wish to reach out to the student housing or resident housing manager at your educational institution for assistance in resolving disputes.

In general, the Residential Tenancy Act does not apply to housing where the primary intent is to provide health care or therapeutic recovery services. Specifically, the Residential Tenancy Act does not apply to living accommodation:

• In a community care facility under the Community Care and Assisted Living Act
• In a continuing care facility under the Continuing Care Act
• In a public or private hospital under the Hospital Act
• If designated under the Mental Health Act in a Provincial mental health facility, an observation unit or a psychiatric unit
• In a housing-based health facility that provides hospitality support services and personal health care (or in housing offered as part of rehabilitative or therapeutic treatment or services)

Refer to the Community Care and Assisted Living Act for information regarding complaints made in respect of a community care facility.

When a tenant in a manufactured home park owns their manufactured home and rents the site the home sits on, their tenancy is covered under the Manufactured Home Park Tenancy Act. This legislation is similar to the Residential Tenancy Act, but is specifically designed for manufactured home parks. Tenancies covered under the Manufactured Home Park Tenancy Act are under the jurisdiction of the Residential Tenancy Branch.

Sometimes, a tenant in a manufactured home park will rent both the manufactured home and the site that the home sits on. These tenancies are covered under the Residential Tenancy Act.

Under the Manufactured Home Park Tenancy Act, it’s possible that an RV, park model (manufactured home smaller than 560 square feet) or a tiny home could fit the definition of a manufactured home. However, determining whether the Manufactured Home Park Tenancy Act applies would depend on whether a tenancy has been established.

Some factors that may determine if there is a tenancy agreement are:

• The RV, park model or tiny home is intended for residential use
• The RV, park model or tiny home is located in a Manufactured Home Park, not a campground or RV Park
• The rent is calculated on a monthly basis
• The RV, park model or tiny home owner pays utilities such as cablevision and electricity
• There is access to services and facilities usually provided in ordinary tenancies, (e.g., frost-free water connections)
• Visiting hours are not imposed

Read more about tenancy agreements and travel trailers.

The Manufactured Home Park Tenancy Act does not apply to float homes or live-aboard boats. However, if a float home or boat owner rents out their float home or boat to a tenant, the Residential Tenancy Act would apply as long as a tenancy has been established.

For more information about how to determine if a tenancy exists, read our policy guideline on tenancy agreements and licenses to occupy.

The Residential Tenancy Act does not apply to living accommodation occupied as vacation or travel accommodation. This includes hotel rooms and short-term rentals (which may include, for example, Airbnb, VRBO, Expedia, FlipKey). However, the act ­will generally apply if a vacation rental is rented under a tenancy agreement.

Some factors that may determine if there is a tenancy agreement are:

• Whether the agreement to rent the accommodation is for a term
• Whether the occupant has exclusive possession of the hotel room
• Whether the hotel room is the primary and permanent residence of the occupant
• The length of occupancy

An example of a situation where the Act would apply is a winter chalet rented for a fixed term of six months.

Read more about hotel rooms and the Residential Tenancy Act.

In Canada, non-treaty First Nations land is under the jurisdiction of the Federal Government. Because of this, B.C.’s tenancy laws do not generally apply on First Nations reserve land. However, B.C.’s tenancy laws may apply if the landlord is not an Indian or Indian Band (as defined under the Indian Act), or if the issue is not about possession or use.

On First Nations treaty land, whether the Residential Tenancy Branch has jurisdiction will depend on the terms of the Final Agreement and whether the First Nation has enacted law.

Read our Policy Guideline on Jurisdiction for more information about tenancy laws and First Nations land.

Some rental suites may be considered “illegal” or unauthorized if they do not comply with local bylaws or zoning regulations. However, the jurisdiction of the Residential Tenancy Act is not determined based on whether a suite is permitted under local bylaws. If a renter can prove that a tenancy exists, the Residential Tenancy Act will apply, regardless of whether the rental unit is authorized.

Read more about illegal contracts in the policy guideline.

For more information about how to determine if a tenancy exists, read the policy guideline on tenancy agreements and licenses to occupy.