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Tenancy agreements

Last updated on May 28, 2024

A tenancy agreement is a contract between a landlord and tenant. Landlords must prepare a written agreement for every tenancy. Both landlords and tenants must sign and date the agreement. 

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Written tenancy agreements protect everyone 

A tenancy agreement, also called a lease, is a written agreement between a landlord and tenant. Landlords can create their tenancy agreement, but it needs to have all standard terms. 

A tenancy agreement lets tenants live in a rental unit as long as they pay rent and follow the rules. It can also set out the legal terms and conditions of a tenancy.

Tenancy agreements can either be: 

  • Month-to-month 
  • Fixed term (a set period of time) 

All tenancy agreements should be in writing in case of future issues or disputes. If a tenancy agreement is not in writing, the standard terms of a tenancy agreement still apply, but it is best to have a written agreement.  

Month-to-month and fixed term tenancies

Month-to-month tenancies are flexible and ongoing 

A month-to-month tenancy, also called a periodic tenancy, does not have an end date. The tenancy renews each month unless the tenant or landlord ends it. 

Month-to-month tenancies allow tenants to stay in a rental unit for as long as they need as long as they pay rent and follow the tenancy rules. This flexibility can be helpful for many tenants. 

Landlord use evictions 

A drawback of month-to-month tenancies is that landlords can evict tenants with 2 to 4 months' notice for the landlord's use of property. This can include: 

  • The landlord moving into the rental unit 
  • A close family member of the landlord moving into the unit 
  • Making renovations to the unit 
  • Demolishing the unit 

Fixed-term tenancies are stable and have an end date 

A fixed-term tenancy, also called a lease, has a date the tenancy agreement ends. Fixed-term tenancies are usually for one year. The tenant and landlord can decide to renew it for another year when it ends or let it go month-to-month.

If the tenant wants to rent month-to-month, the landlord can't make them sign another fixed-term agreement. 

Note: In most cases, a fixed-term tenancy can't end simply because the agreement has ended. The landlord can only include a vacate clause, which requires the tenant to leave at the term's end, if it's a sublet or if the landlord or a close family member plans to move in. Otherwise, it automatically becomes a month-to-month tenancy. 

Fixed-term tenancies are less flexible 

If a tenant decides to end a tenancy early, they will break the lease and may owe the landlord money if the landlord applies for dispute resolution. 

The landlord can only apply for dispute resolution to seek compensation if they have taken steps to mitigate the loss, such as attempting to re-rent the unit. 

What to include in a tenancy agreement

Every tenancy agreement needs to have the standard terms that are required by the Residential Tenancy Act, even if landlords create their own agreement.

These terms make sure that tenancy agreements are fair and help protect everyone. 

Basic information 

Information on the tenancy agreement should include: 

  • The full names of the tenant and landlord 
  • The address of the rental unit 
  • The date the agreement is entered into
  • The address and telephone number of the landlord or authorized representative 
  • The starting date of the tenancy 
  • The end date of the term of the tenancy agreement
  • Whether the tenancy agreement is a:

Note: Consider including the landlord and tenant's email addresses in the tenancy agreement for sharing documents. Keep in mind that if email addresses are provided, both parties must regularly check their emails to avoid missing important documents.

The landlord and tenant must decide on other terms

Rent 

  • Include how much rent to pay and when it's due 
  • Explain what rent covers, like utilities or fees, and mention if the tenant pays for essential services like heat or electricity 
  • Include if the rent changes depending on the number of occupants  (See Policy Guideline 37 for more information)

Deposits 

  • Include what deposits are required and when they are due 
  • One security deposit and one pet damage deposit can be requested per unit. Neither deposit can be more than half of one month's rent 

Pets 

  • Include whether there are any pet restrictions. Landlords are able to enforce pet restrictions such as: 
    • The size of the pets
    • The type of pets 
    • The number of pets allowed in the unit

Standard terms 

In addition to the above terms, standard terms describe rights and responsibilities of landlords and tenants and must be included in all tenancy agreements. Some important terms to know are: 

Be sure to include all standard terms in the tenancy agreement by using this form:

Additional terms 

Tenancy agreements can also include additional terms. These terms are generally binding if the tenant agrees to them and if they do not contradict the Residential Tenancy Act. Some additional terms include: 

An additional term that seems unclear or unfair might not be enforceable. 

What can't be included in a tenancy agreement 

Illegal terms 

Every tenant in B.C. has rights protected by law, no matter what is in the tenancy agreement. This means if any part of the agreement ignores the Residential Tenancy Act, it can't be enforced. 

Example: A landlord can't include a clause in the tenancy agreement that lets them inspect the unit without notice. Even if the tenancy agreement says this, it's not allowed because Section 29 of the RTA states that landlords must give 24 hours written notice. 

Unfair terms 

Tenancy agreements can't include unfair or unreasonable terms. These are known as unconscionable terms and can't be enforced. 

Example: A landlord can't include a term in a tenancy agreement that requires a tenant to put utilities for another unit in their name. The tenant would not use utilities in another unit, so this is an unfair term. 

Example: A landlord can’t include an outright ban of air conditioning units in a tenancy agreement without a rational basis (e.g., safety concerns). This term could be considered unfair if it grossly impacted the health and quality of life of a tenant. 

See Policy Guideline 8: Unconscionable, Unlawful, and Material Terms and the Air Conditioning in Rental Units Information Sheet for more information on air conditioning units in rental units.

Changing a tenancy agreement 

The tenant and the landlord must agree to any changes to the tenancy agreement. Mutual agreement ensures the tenant and landlord are on the same page and that the changes are fair. 

All changes to a tenancy agreement should be in writing to protect the tenant and landlord. 

Tenant rights and responsibilities 

Review the tenancy agreement before signing 

Tenants should thoroughly review the tenancy agreement before signing it to make sure they fully understand the terms. 

Ask about unfamiliar terms 

Sometimes tenancy agreements have words or clauses that tenants might not understand. Reviewing the agreement lets tenants ask questions and clarify any confusing parts. 

Discuss changes 

If there's something in the tenancy agreement that the tenant doesn't agree with, discussing it before signing can lead to fewer issues later on. 

Seek help if needed 

If the agreement feels complicated, tenants should ask for help from friends, family members or other trusted individuals. 

Request a signed copy of the agreement 

Landlords must provide tenants with a copy of the tenancy agreement within 21 days of signing. Tenants should keep a copy of the tenancy agreement in a safe place and take photos to save digitally. 

Having a copy of the original tenancy agreement is important if the landlord tries to change the terms of the tenancy agreement. 

If the landlord doesn't provide a copy 

If a landlord doesn't provide a copy of the tenancy agreement within 21 days, tenants can seek dispute resolution to request that their landlord follow the law. Dispute resolution is a process to help resolve conflicts between landlords and tenants. 

Tenants should take photos of the agreement after signing it to ensure they have a copy. 

Tenants can dispute illegal or unfair terms 

If a tenant believes there is an illegal or unfair term in the tenancy agreement, they should first contact their landlord as they may not be aware it is against the law and may be willing to make the necessary changes. 

If the tenant can't solve the issue directly with the landlord, they can seek dispute resolution to address the issue. 

Landlord roles and responsibilities 

Provide a copy of the agreement within 21 days 

Landlords must provide tenants with a copy of the tenancy agreement within 21 days of signing it. 

If the landlord doesn't provide a copy, the tenant may seek dispute resolution through the RTB. 

Make sure the agreement includes all standard terms 

Landlords creating tenancy agreements must ensure that the tenancy agreement includes all the standard terms. The Residential Tenancy Agreement (PDF, 319KB) - Form RTB-1 includes all standard terms. 

Ensure the agreement doesn't include any illegal or unfair terms

Landlords are responsible ensuring that the tenancy agreement doesn't include any illegal or unfair terms. 

Tenants may seek dispute resolution if illegal or unfair terms are in the agreement.

Forms 

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