It can be useful to know how key parts of the Act are interpreted. The following pages contain a number of sample decisions that show how recent disputes have been adjudicated by Residential Tenancy Officers.
The decisions are organized by some of the most common issues Residential Tenancies deals with. Some decisions may appear in more than one category. All personal information has been removed from the decisions.
Please note that every case is different, and these samples are for information only. Minor variations in facts could result in very different outcomes than the ones found here.
An Application is made under Action by Landlord when a tenant is seeking specific action by the Landlord, such as repairs, snow removal, etc.
An Application is made under Action by Tenant when the Landlord wants a tenant to perform a specific act such as removing debris, or complying with a specific term of a lease.
An Application is made under Condition of Premises when the landlord has failed to maintain a rental unit in a state fit for people to live in. This could include issues with mold, disconnection of heat, water, or electricity when provided by the landlord, and other concerns of this nature.
If a landlord discovers damage to a rental unit either during the occupancy by the tenant, or after the tenant has left the premises, the landlord may file an Application to Director to request that the tenant pay for any damages to the rental unit, providing this damage may be proven by either in and out inspections of the unit, or through photographs, invoices for repairs, etc.
An Application under Entry Doors is usually made by a tenant in situations where a landlord has changed the locks to the rental unit while the tenant is officially still in residence.
An Application is made under Notice to Quit when a tenant wishes to leave before the end of their lease, if a notice to quit is given incorrectly by a landlord or tenant, or if the landlord wishes to evict a tenant under reasons set out within the Residential Tenancies Act.
If a tenant's rent is overdue, but the landlord does not wish to evict the tenant, the landlord may file an Application to Director. A decision would define what amount should be paid by the tenant and set a date for repayment. Through mediation, the landlord and tenant may be able to arrange a schedule for repayment, rather than requiring one lump sum payment.
An Application is made under Reduction or Deletion of Service in cases where a landlord has changed the terms of a lease without also changing the terms of rent. i.e. removing a laundry room from a building, beginning to charge tenants for heat/hot water when not declared in the lease, etc.
Landlords of Mobile Home Parks are required to provide detailed information in support of a rent increase when that increase is appealed by a tenant.
An Application is made under Safety and Security in cases where a tenant or occupant's behaviour causes problems for the landlord, the building, or for other tenants. This can be due to anything from entering the units of other tenants without permission, to loud partying, to causing damage to the building that endangers others.
A landlord may make an Application to retain the security deposit to pay for cleaning or repairs that go beyond normal wear and tear in a rental unit.
A tenant may file an Application if they disagree with the landlord about the return of their security deposit, or if ten days time has passed without the landlord returning the deposit.
Applications for Termination of Tenancy are usually made in conjunction with Applications for issues such as Unduly Interfering or Damage to Premises where the need to end the tenancy may not be explicit in the Residential Tenancies Act.
An Application under Unduly Interfering is made by a tenant in situations where a landlord or landlord's agent is overstepping the boundaries of their authority, i.e. unauthorized access to a unit.
When rent remains unpaid for 30 days or more for a year-to-year or month-to-month lease, a landlord may issue a Notice to Quit, and file an Application to Director seeking to collect the payment of overdue rent. The landlord can seek to have the tenant leave the premises by a date defined in the decision.
If a tenant's rent is overdue, but the landlord does not wish to evict the tenant, the landlord may file an Application to Director. A decision would define what amount should be paid by the tenant and set a date for repayment. Through mediation, the landlord and tenant may be able to arrange a schedule for repayment, rather than requiring one lump sum payment.
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