Understanding Responsibilities for Residential Premises in BC

In British Columbia’s rental housing system, both landlords and tenants have clear legal responsibilities for maintaining the condition and cleanliness of rental units. According to the Residential Tenancy Act (RTA) and RTB policy guidelines, these duties help ensure housing remains safe, habitable, and properly maintained throughout the tenancy. A key part of these guidelines is distinguishing between normal wear and tear and damage caused by a tenant’s actions.

Landlord Responsibilities

Landlords must ensure that a rental unit or manufactured home site is fit for occupation, meaning it must meet basic health, safety, and housing standards. This includes keeping essential services like plumbing, heating, and electricity in good working order, and maintaining the structure of the unit, including windows, floors, locks, and ceilings.

Landlords must also comply with applicable building codes, bylaws, and regulations, such as those related to fire safety, smoke alarms, and pest control. Importantly, landlords cannot shift these legal responsibilities to tenants through the tenancy agreement. For example, a lease clause requiring a tenant to maintain plumbing or repaint regularly would not be enforceable.

Tenant Responsibilities

Tenants also have obligations under the RTA and RTB policy guidelines. These include maintaining reasonable standards of cleanliness, disposing of garbage properly, and not causing damage to the rental unit. In some cases, tenants may be expected to carry out routine upkeep in areas they have exclusive use of, such as mowing the lawn or clearing snow, if that has been part of the agreement.

However, tenants are not responsible for the normal aging of the unit. This is referred to as “reasonable wear and tear,” and it is explicitly excluded from tenant liability.

Wear and Tear vs. Damage

A key part of the RTB guidelines is the distinction between reasonable wear and tear and damage. Wear and tear refers to the natural decline of a unit that happens with everyday use, for example, faded paint, minor carpet wear, or small nail holes.

On the other hand, broken fixtures, excessive damage, neglect, or intentional harm to the unit are not covered under wear and tear and may be the tenant’s responsibility. When disputes arise, such as after a tenant moves out, the condition of the unit will be reviewed to determine whether the tenant caused avoidable damage or if the issues are consistent with normal use.

Tenancy Agreements and Maintenance Obligations

Tenancy agreements must not include terms that require tenants to take on maintenance tasks that are the landlord’s legal responsibility. This includes clauses requiring tenants to repaint, repair plumbing, or handle pest control unless the tenant is being compensated through a clearly separate arrangement, such as a discount on rent.

If a tenant agrees to provide extra services beyond their regular tenancy obligations, for example, in exchange for reduced rent, these arrangements should be clearly documented and not interfere with the landlord’s core maintenance responsibilities.

Why This Matters

For landlords, understanding these responsibilities helps ensure they budget for regular maintenance and repairs and avoid including unenforceable clauses in tenancy agreements. For tenants, these guidelines provide reassurance that they will not be unfairly held responsible for damage they did not cause or for tasks that fall outside their legal duties.

When disputes occur, such as a disagreement over a damage deposit, RTB decision-makers refer to these guidelines to determine whether each party met their responsibilities.

The Residential Tenancy Act and RTB policy guidelines provide a balanced approach to property maintenance in rental housing. By clearly defining the roles of landlords and tenants and explaining the difference between normal wear and tenant-caused damage, they help prevent conflict and ensure fairness in how rental properties are managed. Whether you are entering into a new tenancy or managing an existing one, knowing these responsibilities is key to avoiding common misunderstandings.

This article is for general informational purposes only and does not constitute legal advice. The Residential Tenancy Act and RTB policy guidelines may change over time. How they apply will depend on the specific circumstances of your tenancy. For legal advice tailored to your situation, contact the Residential Tenancy Branch or consult a qualified legal professional.