Before a tenant moves in, the landlord or intermediary must give the tenant the following: When a fixed-term lease ends, it automatically becomes a periodic contract, unless the landlord or tenant terminates the contract or opts for a new fixed-term contract. If you pay the rent to a real estate agent or private landlord, always insist on getting a receipt to avoid payment disputes. Upon request, your landlord is required to give you either a rental receipt or a rental book. Leases must comply with the Tenancies Act (external link) and the Tenancies Act (external link). B.C. Rental laws define the rights and obligations of the parties in leases. From 11. December 2017, an « eviction clause » that requires the tenant to move on the day of the end of the contract can only be used in a fixed-term lease if: Landlords are asked to provide additional information before entering into a lease with a potential tenant. Before a broker has been mandated to sell the property or if a purchase contract has been prepared, the landlord must inform the potential tenant. In addition, any ongoing legal action to enforce a mortgage sale on the property must be disclosed by the landlord. You must receive a copy of the agreement for review before you are asked to sign it [section 29]. The lease between you and the landlord (landlord) sets out what each of you will or will not do when renting the property.
There are laws about what can be included in a lease. We recommend that you read this page and any rental agreements you receive carefully before signing or accepting anything. You can also find a free tenant advocate (someone who is not a lawyer, but has experience helping tenants enforce their rights) in your area who can provide you with advice and assistance at a hearing if you have a private rental property. Find your local provider of rent assistance and advocacy programs. Owners are required to provide a written copy of the park rules of the finished house (if any) before signing the rental agreement. It is a good idea for both the landlord and tenant to review the rules before signing the agreement. As a rule, the tenant does not sign a new contract if a fixed-term contract becomes a monthly agreement. However, if a landlord or tenant wishes to enter into a written temporary contract, they must use the prescribed form: Form 1 – Residential Lease (Word, 1.5 MB). Victoria made significant changes to its rental laws in 2021.
This includes defining a list of terms that cannot be included in a lease. As of March 29, 2021, when the new rental laws have begun, certain conditions will be prohibited or prohibited. They may not be included in new leases [§ 27B, Rule 11]. 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. The rent can only be increased between fixed-term leases with the same tenant if the termination and the rent increase deadlines are respected If one of these prohibited conditions is included in the contract, it is not valid. The landlord may also have to pay penalties if they have included a prohibited clause in the contract. If the term of the agreement was 5 years or less, the terms of the original agreement will continue to apply to the new periodic agreement. If you want to know what the Residential Tenancies Act says about residential leases, you can read these sections of the Residential Tenancies Act, 1997: Agreements must be in the « prescribed form ». A prescribed form is defined by the Victorian Tenan Act. We recommend that you use our official forms: if the rental agreement is written, it must appear on the form [Section 26] prescribed by Consumer Affairs Victoria. This is the model form for all properties that will be rented from March 29, 2021, when the new rental laws began.
It is important to note that there are also changes to certain types of eviction notices. If the lease is a fixed-term lease, that fixed-term lease must be terminated at the end. An owner can now only issue a fixed-term notice at the end of the first fixed term of a rental agreement. They will not be able to decree the end of the limited notice period in order to release at the end of a later limited period. Tenants and landlords can agree to move from one type of agreement to another. .