What Are the Essential Terms in a Tenancy Agreement?
A robust tenancy agreement is fundamental to defining the legal relationship between landlords and tenants in British Columbia. Under the Residential Tenancy Act and Residential Tenancy Regulation, certain terms must be included so that the agreement is valid and enforceable. This article explains those requirements and the role of email and other communication methods in managing the tenancy.
Required Terms in a BC Tenancy Agreement
A tenancy agreement in BC must include the mandatory “standard terms,” along with details such as:
• Legal names of landlord and tenant(s)
• Address of the rental unit
• Date the agreement is signed
• Address (for service) and contact information for the landlord or their agent
• Start date of the tenancy
• Type of tenancy (periodic or fixed term)
• If fixed term, the end date (and vacate clause only in limited cases)
• Rent amount and any variation based on occupants
• When rent is due and how it is paid
• Services or facilities included in rent
• Security deposit / pet damage deposit details
Email and Electronic Notices
The RTA allows delivery of notices by email only if both parties agree. These email addresses should be clearly stated in the tenancy agreement.
Even if additional rules or terms are included (e.g. pet rules, yard work, smoking), they must not conflict with the protections and requirements set out in BC’s tenancy laws. A tenancy agreement cannot override or exclude statutory rights.
In addition, landlords must provide the tenant with a copy of the signed agreement within 21 days. A term included in the lease may become a “material term,” meaning a breach could lead to eviction if serious enough.
Having a properly drafted agreement ensures clarity from the start, protects both parties, and helps reduce disputes during the tenancy.
This article is provided for general informational purposes only and does not constitute legal advice. The Residential Tenancy Act, Residential Tenancy Regulation, and related policy guidelines may change over time. How the law applies depends on the particular facts of your situation. For legal advice tailored to your case or to confirm current legal requirements, consult a qualified legal professional or the Residential Tenancy Branch.
