Graphics: Allester Bradbury, Allester s Graphic Design, Vernon, BC Design: Tamara MacKenzie Editing: Leslie Dyson Cover Design: Sung Van Studios

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2 This resource was prepared by Kindale Developmental Association and the Justice Education Society of B.C. We gratefully acknowledge the many people who participated in the development of this resource. Graphics: Allester Bradbury, Allester s Graphic Design, Vernon, BC Design: Tamara MacKenzie Editing: Leslie Dyson Cover Design: Sung Van Studios This resource was made possible by a generous grant from Human Resources Development Canada. Resource Development: Jutta Prem-Stein, Kindale Developmental Association Evelyn Neaman, Justice Education Society of B.C. Canadian Cataloguing in Publication Data Main entry under title: Legalpix: a pictorial tool on landlord and tenancy law in BC Civil Legalpix Project Advisory: Judith Blackwell, LL.B Joanne Calkins President, Penticton Society for Community Living Michael Clark Residential Tenancy Branch Andrew Kennedy Adult Special Education Camosun College Annette Russell Justice Education Society of B.C. Prince George, B.C. Prepared by Kindale Developmental Association and the Justice Education Society of BC. P. ISBN Landlord and tenant British Columbia Popular works. 2. Landlord and tenant British Columbia Pictorial works. I. Justice Education Society of British Columbia. II. Kindale Developmental Association. KEB224.L C KF590.L Sara deleeuw Coordinator, Terrace Women s Resource Centre Jane Forward ESL Outreach Dept. King Edward Campus Kelly Grice North Shore Employment Services Audrey Salahab Project Coordinator, B.C. FAS Resource Society FAS Community Response Team Gregg Schiller Self Advocacy and Coordinator Advocacy and BC Self Advocacy Foundation BCACL Roxane Vachon, LL.B Legal Services Society Reviewer: Michael Clark, Residential Tenancy Branch, Vancouver Copyright, Kindale Developmental Association and the Justice Education Society of BC, 2000 Statement of limitation Any contradiction, dispute, or difference between the contents of the resource and the Residential Tenancy Act should be resolved only by reference to the most recent consolidation of the Residential Tenancy Act. Self Advocates British Columbia Association for Community Living Greater Vancouver Fetal Alcohol Society Kindale Developmental Association North Shore Employment Services Penticton Society for Community Living

3 LEGALPIX A Pictorial Tool on Landlord and Tenancy Law in BC

4 TABLE OF CONTENTS LEGALPIX A Pictorial Tool on Landlord and Tenancy Law in BC... 2 BEING A TENANT IN BRITISH COLUMBIA... 3 RENTING A HOME CHECK IT OUT!... 4 Checklist For Check It Out! DISCRIMINATION... 8 Has the landlord discriminated against you? MAKING YOUR AGREEMENT MOVING IN Checklist For Moving In SECURITY OR DAMAGE DEPOSITS PAYING RENT RENT INCREASES RESPONSIBILITIES AND REPAIRS WHO IS RESPONSIBILE? Who is responsible? situations Answers to who is responsible? situations GETTING REPAIRS MADE EMERGENCY REPAIRS What to do MAKING CHANGES THAT YOU WANT IF A SERVICE IS TAKEN AWAY LOCKS AND PRIVACY WHEN CAN THE LANDLORD COME IN? WHAT DO YOU DO IF THE LANDLORD BREAKS THE RULES ABOUT COMING IN? MOVING OUT WHEN YOU ARE PLANNING TO MOVE OUT WHEN YOU MOVE OUT Cleaning CHECKLIST FOR MOVING OUT GETTING YOUR SECURITY DEPOSIT BACK EVICTION EVICTION FOR NOT PAYING RENT EVICTION FOR CAUSE EVICTION FOR REASONABLE CAUSE EARLY TERMINATION EVICTION FOR CHANGE OF USE OF PROPERTY Special rules about eviction for change of use WHEN YOU AND THE LANDLORD DON T AGREE NEGOTIATION ARBITRATION STEPS IN ARBITRATION APPLYING FOR ARBITRATION INFORMING YOUR LANDLORD GETTING READY FOR THE ARBITRATION HEARING AT THE ARBITRATION HEARING THINGS TO REMEMBER FOR THE HEARING WHEN THE ARBITRATOR HAS DECIDED AFTER THE ARBITRATOR S DECISION APPENDIX... 58

5 Who are we? Kindale Developmental Association, founded in 1959 in Armstrong, B.C., is a leading North Okanagan care and education provider for people with special needs. Kindale offers residential and day support to over 100 adults with mental and physical challenges. Kindale s commitment to continuing education for all has involved the organization in numerous community partnerships in training and skills development, both for staff and for clients. The Justice Education Society provides unique educational programs and resources about the justice system to the public and in turn encourages those involved in the justice system to be aware of the needs of the community. We are a non-profit organization working in partnership with the Ministry of Attorney General, the Ministry of Education, the Judiciary, the Canadian Bar Association (BC Branch), schools, and communities. With the support of our partners, funders and volunteers, we help to maintain an accessible justice system for everyone.

6 LEGALPIX A Pictorial Tool on Landlord and Tenancy Law in BC Legalpix are black and white line drawings illustrating people, places, processes and concepts related to select areas of civil law and the criminal justice system. Legalpix are available in print and in clipart (CDROM) format. Current print formats include: two plain language publications about rights and responsibilities one relating to Tenancy and a second to Family Law (relationships, separation and divorce) an educational curriculum about the Criminal Justice System in BC, with particular attention to the journey of an accused person through the arrest and court processes a pictorial tool for Victim Witness Service workers to use in their roles as providers of information and support to victims of crimes Pictorial supports have proven to be beneficial when providing information to persons with language comprehension deficits, such as those who have learning disabilities or who have had a brain injury. Pictures and symbols are widely used to assist comprehension in public places, such as airports, where many people of different languages and literacy levels need information. Pictures and symbols are coming into ever-increasing use with special needs students in schools and special needs adults in their communities and workplaces. Legalpix provide specialized pictorial support, in combination with plain language, to help individuals with special communication needs learn about their legal rights and responsibilities. For some, this might involve an independent review of a publication, such as the booklet about Tenancy in B.C. For others, it might involve a series of lessons in a classroom or with a caregiver, using Legalpix and the accompanying print booklet(s) to supplement other instructional materials. For still others, it might involve a caregiver or service provider using the Legalpix to help the individual with his or her own situation, to understand the process and to remember what to do and what not to do. The Legalpix Project is a result of partnerships involving Human Resources Development Canada (Social Development Partnerships Program), Heritage Canada (Women and Disabled Persons Participation Program), the Law Foundation of British Columbia, the Justice Education Society of British Columbia and Kindale Developmental Association. 2

7 BEING A TENANT IN BRITISH COLUMBIA British Columbia has laws about renting. These laws describe the rights and responsibilities of landlords and of tenants. This group of laws is called the RESIDENTIAL TENANCY ACT. Landlord Tenant British Columbia has government offices called Residential Tenancy Offices (RTO) or Government Agent s Offices where staff can help tenants and landlords to understand the rental laws. Call Enquiry B.C. at for the number and address of your local Residential Tenancy Office or Government Agent s office. When people rent a house or apartment they agree to certain rules. Enquiry B.C

8 The Residential Tenancy Office is also where to get help to solve problems between you and your landlord. This process is called Arbitration. RENTING A HOME 1. CHECK IT OUT! You will want to look at a home before you agree to rent it. Make an appointment with the landlord to go and check out the home. Bring a friend to help you. Some rental situations are not covered by the Residential Tenancy Act, or may have special rules that apply. These include: a roommate who doesn t have his or her own tenancy agreement with the landlord Look all around the home. Take your time. Look carefully. Make sure things are working. small group homes, rooming houses, hotels mobile homes Call the Residential Tenancy Office to find out if you are covered. 4

9 Make notes about what you see, and what the landlord tells you. The notes will help you to remember the important information about each place you see. Then you will be able to make up your mind about which place to rent. You might want to use a checklist, like the one on the next page, for checking it out. If you are wondering about something, ask the landlord. Talk to the landlord about any problems and about fixing things. The landlord must tell you how much you will pay for rent and what is included in your rent. 5

10 Checklist For How much rent? Cable included? Check It Out! Hydro included? ADDRESS: Heating, hot water included? Parking included? How many bedrooms? Pets okay? Furnished? Close to schools? Noisy? Appliances? Smoking okay? Laundry? Close to public transit? 6

11 Checklist For Check It Out Hot water? Walls need paint? Appliances clean and working? Windows broken or cracked? Locks working on doors and windows? Leaks? Furniture in good condition? Toilets working? Blinds and drapes in good shape? Lights working? Carpets and floors okay? Heat works? 7

12 2. DISCRIMINATION British Columbia has laws against discrimination. of a certain sexual orientation a single parent A landlord cannot send you away just because you are: disabled of a certain age, race or religion on Social Assistance 8

13 A landlord cannot charge a different price or make different rules for tenants because of those reasons either. if the building is set aside for people with physical and/or mental challenges There are some situations in which a landlord might be able to refuse to rent to you: if the landlord will be sharing cooking, sleeping or bathroom facilities with the tenant (for example, the landlord is a woman and wants to rent a room in her house only to another woman). if the building is an Adults only building, for tenants age 55 and older ADULTS ONLY 9

14 Has a landlord discriminated against you? 3. MAKING YOUR AGREEMENT When you agree to rent a home, you are making a contract with the landlord. A contract is a legal agreement. The contract you make with your landlord is called a Tenancy Agreement. For your protection, you should ask your landlord to make a written Tenancy Agreement. You can complain to the B.C. Council of Human Rights. Enquiry B.C You should also write down your landlord s name, address and phone number. You can get the phone number and address for the B.C. Council of Human Rights from Enquiry B.C. at You have 12 months (1 year) to file a complaint with the Council of Human Rights. 10

15 A Tenancy Agreement gives the rules about renting your home. It will include: Sometimes you and the landlord can make additions to the Tenancy Agreement. all the things to which you and your landlord have agreed and what the law says about security deposits, rent increases, repairs and eviction You and your landlord must both agree to the additions. Write the additions onto the agreement or add an extra page. You and your landlord must put your initials beside each addition. Read the Tenancy Agreement carefully before you sign it. Ask your friend to read it with you to help you with parts you might not understand. Be careful to read all of the agreement. 11

16 Read the agreement again. Make sure you understand it and agree with it. Sign the agreement only when you are sure you understand it all and when you are sure you agree with it all. Do you have any questions that the landlord cannot or will not answer? Call the Residential Tenancy Office for help. Your landlord must give you a copy of the signed agreement within 21 days. 12

17 Put your copy in a safe place, like a box or a drawer. Keep a copy of your landlord s name, address, and phone number there too. MOVING IN Call the Residential Tenancy Office if your landlord does not follow the rules about giving you a copy of the Tenancy Agreement. When you move in, check everything in your new home again. Ask your friend to help. Make sure that everything is working. Make sure the landlord has done the repairs that you both agreed to. 13

18 Use a checklist like the one on Page 15. Talk to your landlord about the new problems or about the repairs that weren t done. Make notes about any problems. If you can, take photos or make a video. Write down the date on your notes or photos and sign them. If your landlord does not want to take care of the problem, Ask your landlord to read over and to sign the Checklist. call your friend and the Residential Tenancy Office for help. 14

19 Checklist For Moving In Hot water? Appliances clean and working? Locks working on doors and windows? Tenancy Agreement Receipts for rent and deposit. Blinds and drapes in good shape? 15

20 Furniture in good condition? No leaks? Carpets and floors okay? Toilets working? Walls don t need paint? Lights working? Windows not broken or cracked? Heat works? 16

21 SECURITY OR DAMAGE DEPOSITS The landlord will usually ask for some extra money when you move in. The security or damage deposit is something that you pay only one time. It cannot be more that one-half of one month s rent. The landlord cannot ask you for any other deposits. This money is called a security deposit or a damage deposit. The money is to help the landlord pay for any damage that the tenant might do in the home. The landlord must give you a receipt for the security or damage deposit. Put the receipt in a safe place. 17

22 When you move out, the landlord will check the home. If you have done no damage and the home is clean, the landlord must return the deposit money, plus interest. That is why you must save your receipt. PAYING RENT Tenants usually pay rent to the landlord once a month. When you look at a place to rent, the landlord will tell you how much the rent is. Tenants usually pay rent at the beginning of each month. Your Tenancy Agreement must say how much the rent is and when you must pay it. 18

23 When you pay the rent, There are different ways of paying rent. Some tenants will write a cheque and some will pay cash. Some tenants will not pay their rent in person but will have the rent: your landlord should give you a receipt. paid by direct deposit at the bank paid by someone else who has power of attorney for their financial affairs paid by a third party like the Public Guardian & Trustee, or the Ministry of Social Development and Economic Security. If you have questions about the rent, or if your landlord does not follow the rules, call your friend and the Residential Tenancy Office for help. Keep the receipts in a safe place. 19

24 RENT INCREASES The landlord can raise your rent no more than once every 12 months. This is called a rent increase. There are rules about how much the landlord can raise the rent. If you disagree with the rent increase and want to fight it, The landlord must tell you, in writing, about a rent increase. You must receive a form called Notice Of Rent Increase. The landlord must send you this notice three months before you start to pay the higher rent. you must apply at the Residential Tenancy Office within 30 days of receiving the notice. 20

25 RESPONSIBILITIES AND REPAIRS The law says that both the tenant and the landlord have responsibilities toward the rental property. take care of anything extra included in the Tenancy Agreement, such as fridge and stove or laundry facilities, or garage 1. WHO IS RESPONSIBLE? LANDLORDS must: keep a place healthy, safe and suitable for living. The LANDLORD is also responsible for putting up a notice that says who to call if there is an emergency. make any repairs that are needed for the tenants health and safety, including repairs to: heating fire doors plumbing fire escapes electricity intercoms locks elevators walls, floors and ceilings 21

26 TENANTS are responsible for: keeping a place clean, for example, you have to take your garbage out don t let it pile up The TENANT is also responsible for telling the landlord about things that need repairing. repairing any damage done by guests or by themselves Look at some of the situations on the next page. For each one, decide who is responsible for the repairs that will be needed. Check your answers. 22

27 Who is responsible? situations Answers to who is responsible? situations 1. When you moved into your new place, you tested the toilet. It overflowed. Who is responsible to repair the toilet? 1. The landlord. 2. The tenant. 2. One day your sister s children flushed a toy down the toilet. Now it overflows quite often. Who is responsible to repair the toilet? 3. The landlord. 3. You went away for the weekend. While you were gone, a stranger broke in to your place. The person broke the front door lock. Who is responsible to repair the lock? Do you wonder who is responsible for repairing some damage in your place? Call the Residential Tenancy Office for information. 23

28 2. GETTING REPAIRS MADE If you write a letter, make a copy of the letter for yourself. Put it in a safe place. When something breaks down, you should tell your landlord. Phone the landlord or write a letter. What do you do if the landlord does not want to help and does not fix the problem? If you phone, write down the date and the time. Write what the landlord says. Call your friend and the Residential Tenancy Office for help. 24

29 3. EMERGENCY REPAIRS Write down the date and time you called. The law says that some repairs are emergency repairs. This includes things like: major leaks in the pipes or roof major problems with the plumbing or pipes no heat broken locks on your entry doors. If there is no answer, you must call again. You must call at least two times If you need an emergency repair, call the contact number that the landlord gave you or call the landlord or the manager. 25

30 The landlord may answer but might not want to do the repair. What to do: Get your friend to help. The law says that you can get a repairperson yourself if: Call the Residential Tenancy Office to make sure that your problem is an emergency repair. you have called your landlord s contact number two times and there was no answer or If the Residential Tenancy Office says your problem is an emergency repair, nobody has come to do the repair. call a repairperson. 26

31 Call at least three different repair places for estimates or quotes (how much they think that the repair will cost and when they could come to do the repair). Write down the names of the places and their prices. Remember, if you or your guests have done the damage that needs repairing, you are responsible for paying for it. Even if you did not do any damage, you might still have to pay the repairperson for their work. Then you will have to ask the landlord to pay you back. If you pay the repairperson Hire the repair service that is qualified to do the job and that gave the cheapest price. Get a friend to help decide. 27

32 make sure to get a receipt. If you are not responsible for the damage, your landlord should pay you back the money. Make copies of the receipt. Put one copy in a safe place. Give one copy to your landlord. If you have trouble with your landlord about paying for the repair get your friend to help and go to the Residential Tenancy Office. 28

33 4. MAKING CHANGES THAT YOU WANT then you will have to pay for the changes. If you want to make changes to the home, like changing the colour of the walls or replacing carpet, talk to the landlord about it. You might also have to change things back to the way they were when you move out. You will have to pay for this too. If your landlord says okay but will not pay Call the Residential Tenancy Office for more information. 29

34 5. IF A SERVICE IS TAKEN AWAY If the landlord takes away a service that is included in your rent, like laundry or cablevision, Or you can tell the landlord that you want the service back right away. Write down the date and time you talked to your landlord and what your landlord said. you can tell the landlord that you want to pay less rent to make up for the service you lost. If the landlord said no 30

35 write a letter telling what you want and when you want it. LOCKS AND PRIVACY 1. WHEN CAN THE LANDLORD COME IN? If the landlord does not take care of the problem by the date you wrote in your letter, then call your friend and the Residential Tenancy Office for help. if there is an emergency if you invite the landlord in 31

36 if your landlord writes and gives you 24 to 72 hours notice If your landlord has an order from an arbitrator and only between the hours of 8 a.m. and 9 p.m. if you tell your landlord it s okay to go in, for a special reason The landlord cannot come in at any other times. The landlord has to ask again if one month has gone by since you said it was okay. 32

37 2. WHAT DO YOU DO IF THE LANDLORD BREAKS THE RULES ABOUT COMING IN? Keep a copy of the letter. If your landlord breaks the rules and comes in when it is not allowed call your friend for help. If your landlord comes in again, without your permission and after you sent the letter Write the landlord a letter. Explain the law: that the landlord needs to ask you if he or she may come in, and that it must be for a good reason. you can ask the Residential Tenancy Office for help. 33

38 You will need proof that the landlord came in. Ask your friend or neighbours for help. MOVING OUT 1. WHEN YOU ARE PLANNING TO MOVE OUT least one full month before you are going to move out. The notice needs to include: At the Residential Tenancy Office you can apply for an arbitration hearing. your name and address the date you are going to move out your signature The arbitrator will listen to what you and your landlord say about the problem. The arbitrator will decide what to do. 34

39 You should give the notice to your landlord personally, or through registered mail so that you have proof it was delivered. 2. WHEN YOU MOVE OUT Cleaning You are responsible for cleaning up when you move out and for repairing any damage done by you or your guests. Most tenancies end the last day of the month. Notice must be given BEFORE the first day of the month in which you plan to move out. For example: if you are moving out in September, give notice by August 31. There are special rules for when you have a lease (also called a fixed term tenancy agreement). Read your lease agreement carefully. Get a friend to help or get help from the Residential Tenancy Office. 35

40 You might have to clean carpets, drapes and walls depending on how long you have lived there. Check your place out when you are finished. Get a friend to help. Make notes, or take photos or a video to show how clean you left the place. Use the checklist on Page 37 to help. You don t have to paint walls unless you or your guests have damaged them. Ask a friend or call the Residential Tenancy Office for more information. 36

41 3. CHECKLIST FOR MOVING OUT Cupboards and closets clean? Carpets and floors clean? Appliances clean and working? Walls clean? Lights working? Blinds and drapes clean? Toilets clean? Keys returned? Furniture clean? 37

42 4. GETTING YOUR SECURITY DEPOSIT BACK Your landlord will check the place when you have left or when you are moving, to make sure that everything is clean and that there is no damage. If the place is clean and there is no damage, then the landlord must give you back your security deposit, with interest. The landlord has 15 days after your tenancy ends to return your money, If your landlord does not return your security deposit and you know you have cleaned the place and have left no damage, you can get help from the Residential Tenancy Office. You can still get help, up to 2 years after you move out. 38

43 The following things will be useful when you go to the Residential Tenancy Office for help in getting your security deposit back. If you have them, make sure to bring them. EVICTION 1. EVICTION FOR NOT PAYING RENT a copy of your Tenancy Agreement the receipt for your security deposit Your landlord can tell you to move out if you don t pay your rent. a copy of the notice about moving a copy of anything you signed that gave your landlord permission to keep some of your deposit your moving out checklist and photos to show how clean you left the place Your landlord must give you a proper eviction notice, in writing, on a form called Notice to End a Residential Tenancy. 39

44 After you get the notice, you have 5 days to respond, by either paying your rent or applying for an arbitration hearing. 2. EVICTION FOR CAUSE Your landlord can also tell you to move out if: you don t pay the security deposit within 21 days of signing your Tenancy Agreement You can apply for a hearing to ask permission to pay later than when the rent is usually due. Or, you have 10 days to move out. you ignore an important part of your tenancy agreement, even after the landlord sends you a written warning 40

45 you cause a danger to your neighbours you seriously damage property you don t fix damage done by you or your guests you disturb your neighbours Your landlord must give you a proper eviction notice, in writing, on a form called Notice to End a Residential Tenancy. too many people live in your place 41

46 When you get a notice, look at Box 2 on Page 2, marked Reasons for Notice, to see why the landlord is evicting you. Get a friend to help. 3. EVICTION FOR REASONABLE CAUSE Your landlord might give you an eviction notice that is for a reason that is not listed on Box 2, under Reasons for Notice. It might only say for reasonable cause. This kind of notice gives you 2 months to move out. If you get this kind of notice, call the Residential Tenancy Office for help. After you get the notice, you have 10 days to respond. You can apply for arbitration if you think the landlord is being unfair. FOR REASONABLE CAUSE Or, you have 1 full month to move out. 42

47 4. EARLY TERMINATION Your landlord can get a special order from the arbitrator to evict you very quickly, if you cause an extremely serious problem. doing very serious damage to the place Serious problems include: threatening or attacking other tenants putting your landlord or other tenants in danger 43

48 5. EVICTION FOR CHANGE OF USE OF PROPERTY want to demolish the building Your landlord can tell you to move out because the landlord wants to use the property in a different way. want to do renovations that are so serious that you cannot live there while the renovating happens The landlord might: want to move in or might want to move in a family member have sold the building and the new owner wants to move in want to convert the building to condominiums FOR SALE 44

49 Your landlord must give you a proper eviction notice, in writing, on a form called Notice to End a Residential Tenancy. After you get the notice, you have 15 days to respond. You can apply for arbitration if you think the landlord is being unfair. When you get a notice, read it carefully. Check Box 3 on Page 2, marked Reasons for Notice to see why the landlord is evicting you. Get a friend to help. Or, you have 2 full months to move out. 45

50 Special rules about eviction for Change Of Use A. Short Notice If you find another place to live before the 2 months are up, you can write to the landlord to give SHORT NOTICE. That way, you can move out with only 10 days notice. If you already paid rent for the month when you want to move out, your landlord must pay you back for the time after you move out. C. Demolition, renovation, conversion C.1 Moving expenses If your landlord is evicting you because of demolition, renovations or conversion, then your landlord must pay for your moving expenses, up to the cost of one month s rent. B. If you have a lease You cannot be evicted for change of use during the period of your lease. C.2 When the building is being demolished In some cities there may be different rules about how much notice the landlord must give you to move out. If you are being evicted because of demolition, phone your municipal hall to find out how much notice you should get. C.3 Permits Your landlord must get permits from the city to demolish, renovate or convert your place to another use. The landlord must get these permits before giving you notice. You can call your municipal hall to find out if the landlord has the permits. 46

51 WHEN YOU AND THE LANDLORD DON T AGREE If you still don t agree, you might have to get more help to solve the problem. This help is called ARBITRATION and you can arrange for it at the Residential Tenancy Office. 1. NEGOTIATION 2. ARBITRATION You and your landlord talk about the problem. A friend might help. At the Residential Tenancy Office you can apply for an Arbitration Hearing where you and your landlord can each tell your side of the story to an arbitrator. The arbitrator will decide how to settle the dispute. You might agree OR you might still not agree. If you live far away from a Residential Tenancy Office, the Arbitration Hearing can be over the phone. 47

52 The arbitrator is usually a lawyer. The arbitrator is hired by the government.. The arbitrator does not work for you or for your landlord. The arbitrator listens to what everybody at the hearing has to say and examines the evidence brought by both sides. Then the arbitrator decides the best solution to the problem, according to the law. The arbitrator s decision is legally binding. This means that you must obey the decision. STEPS IN ARBITRATION 1. APPLYING FOR ARBITRATION You will have to fill out a special form, called an Application for Arbitration. You can get this form at the Residential Tenancy Office or at a Government Agent s Office (also called B.C. Access Centre). Call Enquiry B.C. at for the phone number and address of your local Residential Tenancy Office or Government Agent s Office. Or look at the listings in the appendix on page 57. Enquiry B.C Get your friend to help you with the Application for Arbitration form. The staff at the Residential Tenancy Office can help too. If you do not agree with the decision there are rules for appeal. See Page 56 for more about this. 48

53 You may have to pay a fee. Get your friend to help you read about the rules for payment. You will need to give a copy of all your evidence to the staff at the Residential Tenancy Office and to your landlord at least 3 business days before the day of the Arbitration Hearing. It is best to have these copies ready and to give them to the staff when you make your Application. Gather together all the information that you will need to tell your side of the story: pictures, notes, letters, estimates, bills, receipts. This is called evidence. If you are submitting photos, you will need three sets: one for the arbitrator, one for your landlord, and one for you. 49

54 The staff at the Residential Tenancy Office will give you a date and time for your Arbitration Hearing. 3. GETTING READY FOR THE ARBITRATION HEARING Get your story in order. Get a friend to help. 2. INFORMING YOUR LANDLORD You must give your landlord a copy of the application form, with the date and time of the hearing. You must do this within 3 days of applying for arbitration. Practice telling your side of the story. Get your friend to listen. Decide if there are any witnesses that can help you tell your side of the story. 50

55 You can ask them to come and you can ask them questions at the hearing. Tell them what you will ask and find out what they will answer. You will all sit at a conference table. The arbitrator will chair the hearing. This means that the arbitrator will lead the meeting. Are you worried that you might not understand what is said at the hearing? You may bring a friend or an interpreter to help you. Remember to bring everything you need with you to the hearing. 4. AT THE ARBITRATION HEARING 51

56 The arbitrator will ask you and your landlord to each tell your sides of the story. You can each ask the other questions. The Arbitrator will ask some questions also. If you or your landlord have asked witnesses to come and tell what they know, the arbitrator will swear in the witnesses. This means that the witness will also be under oath to tell the truth. You will be under oath to tell the truth. This means that you must tell only what you know. Do not guess. Do not pretend or make anything up. Just tell the truth. (Turn to Pages 54 and 55 for more about this.) Then the witnesses can tell what they know. You, your landlord and the arbitrator can ask the witness questions. 52

57 When everything has been presented, the arbitrator will think about the evidence before deciding what to do. 5. THINGS TO REMEMBER FOR THE HEARING Be on time! It is a good idea to arrive a few minutes early to have time to check in with reception. Sometimes the arbitrator will make a decision right away. Sometimes it will take longer and you will have to go home and wait for the arbitrator to decide. If you have trouble speaking or understanding English, bring a friend who can translate for you. The arbitrator has up to 30 days, or 1 month, to make a decision. 53

58 Tell the truth. Answer the questions that you are asked. Do not talk about things that are not part of the problem. 54

59 Only talk about what you know for sure. It s okay to say that you don t understand a question or that you have forgotten. Just tell the truth and don t make guesses. 6. WHEN THE ARBITRATOR HAS DECIDED Remember that the arbitrator has up to 30 days, or 1 month, to make a decision. Don t get mad. Even if you think your landlord is rude or lying, try to stay calm. Don t interrupt. Wait your turn. When the arbitrator has decided what to do, he or she will write the Arbitrator s Order. This order is legally binding. This means that the order can be enforced at Small Claims Court. The arbitrator will send the decision to both you and your landlord. 55

60 7. AFTER THE ARBITRATOR S DECISION You need to ask for the review quickly. There are different time limits for different situations. A. If you don t agree with the arbitrator s decision, Order of Possession Early termination Eviction Other you have the right to ask for a review. Get your friend to help. Call the Residential Tenancy Office or the Tenant s Hotline ( ) to ask about an Application for Review of the Decision or Order of an Arbitrator. 56

61 B. The arbitration order might say that the landlord must pay you back some money. If the landlord still does not pay you can file the arbitrator s order at Small Claims Court. If the landlord does not pay you should write to remind the landlord about the arbitrator s order. Send along a copy of the order. APPENDIX 57

62 Residential Tenancy Regional Offices in British Columbia Kingsway Burnaby, BC V5H 4A5 Telephone: (604) , 1726 Dolphin Avenue, Kelowna, BC V1Y 9R9 Telephone: (250) Estevan Rd. Nanaimo, BC V9S 3Y3 Telephone: (250) st Floor, 1019 Wharf St. Victoria, BC V8W 9J8 Telephone: (250) Elsewhere in the province call toll free: Or ENQUIRY BC Or the TENANT S HOTLINE A St. Surrey, BC V3T 4G1 Telephone: (604) , 1190 Melville St. Vancouver, BC V6E 3W1 Telephone: (604)