Tenancies Glossary

Adjourn

To postpone or suspend a hearing to a later date or time.

Affidavit

When a person states in the presence of a commissioner of oath that the statement is correct and signs the document in the presence of the commissioner.

Affidavit of Service

A form completed by the party who served the copy of the application to director. It shows where and when the party was given a copy of the completed application and notice of hearing. This form must be signed before a commissioner of oaths.

Anniversary Date

The date on which the lease was first entered into and this date stays the same in any year as long as the same lease continues. The anniversary date could be different than the date you sign the lease.

Applicant

The person who is filing the application.

Application Fee

Money paid to fill out a form.

Application to Director

The form issued by the residential tenancy division, to be completed when the party is filing a complaint under the Residential Tenancies Act.

Assign/Assignment

When a tenant, with the consent of the landlord, gives all the obligations and rights in a lease to another person. The original tenant will not be returning to the unit.

Claim

The process of demanding something of another person.

Commissioner of Oaths

A person appointed by the provincial government who can take statements under oath and receive solemn declarations.

Co-signer

A joint signer to a contract.

Counterclaim

A claim made in response to another claim demanding something of that person.

Court Order

A court document, signed by a Judge and the Sheriff is responsible to carry out the order.

Director's Order

The written decision of the hearing.

Evidence

Information provided to support something a landlord or tenant has said at the hearing. Evidence may include oral or sworn statements, letters, condition reports, other reports, photographs, video tapes, bills or invoices and receipts.

Fixed Term Lease

A fixed term lease is a leasing agreement with a specified beginning and ending date. Example: January 1, 1999 to August 31, 1999.

Foreclosure

A legal proceeding by which a mortgage is foreclosed.

Hearing

A meeting where the applicant and respondent have the opportunity to present all their information.

Investigation

The gathering of information, statements and evidence through telephone calls and interviews.

Land-lease Community

A lot, piece or parcel of land where two or more occupied manufactured homes are located for a period of ten days or more.

Landlord

A person who agrees to allow another person to live in the premise. A landlord can have a representative who acts on his/her behalf.

Lease

A written contract signed in regards to the renting of a property.

Manufactured Home

A trailer that is designed or equipped with wheels, and made to provide a residence for one or more persons. Tenant and travel trailers are not included.

Manufactured Home Space

A piece of ground within a land-lease community meant for one manufactured home.

Mediation

A confidential process used to encourage the parties to discuss the problem and come to a possible solution.

Notice to Quit

A written announcement given by the landlord or the tenant to end a tenancy.

Personal Service

A person giving a copy of a legal document personally, hand to hand, to the other party.

Public Housing Program

A premise offered to tenants of low or modest income and is funded by the Government of Canada, the Province or Municipality or any of their agencies.

Reasonable Rule

A rule that is equally applied to all the tenants in the premise. These rules must be given to the tenant before the tenant signs the lease.

Rent

Money or other value provided in exchange for the consent to occupy a premise.

Residential Premise

A house, apartment, room, manufactured home, land-lease community, manufactured home space that is or could be occupied by a person as a residence.

Residential Tenancy Officer

A person who is appointed under the Residential Tenancies Act.

Respondent

The person an application is filed against.

Security Deposit

Money paid to the landlord by the tenant in addition to rent.

Security of Tenure

Tenants are granted tenure when they sign a lease. This means that a landlord can not give notice they will not renew the lease at the end of the term. LL's must have cause to terminate a tenancy. A fixed term always ends on the date given as the end date.

Sublet

When a tenant, with the consent of the landlord, gives all their obligations and rights of the lease to another person, for a period of time, during the course of the tenancy agreement. The original tenant intends on coming back to the unit before the end of the tenancy agreement.

Substituted Service

An alternate way for the applicant to give the respondent a copy of the Application to Director when personal service or registered mail has failed. The applicant must apply to the Director for approval of substituted service.

Tenancy Month

The amount of time a month's rent is paid for, example if you pay the rent on the 15th of a month, the time goes from the 15th to the 14th day of the next month.

Tenancy Week

The amount of time a week's rent is paid for, example you pay the rent on a Friday, the rental period is from Friday to Thursday of the following week.

Tenant

A person or a group who agree to rent from another.

Wear and Tear

A common degree of decline or lower value caused to the premise from the normal use of the premise. Example: A mark on a wall where a couch had been placed or the wearing of a carpet in a traffic area.