What Is a Tenancy Agreement in BC?
A tenancy agreement is a legally binding contract that sets the terms of a rental relationship between a landlord and a tenant. Whether you're a landlord preparing to rent out a property, or a tenant moving into one, understanding the tenancy agreement is essential. In British Columbia, tenancy agreements are governed by the Residential Tenancy Act (RTA) and the Residential Tenancy Regulation (RTR).
Written Tenancy Agreements
Most landlords use the standard tenancy agreement provided by the Residential Tenancy Branch (RTB). However, custom agreements are also permitted, as long as they include all the mandatory terms set out in the RTA and RTR. This includes:
The full names of the landlord(s) and tenant(s)
The address of the rental unit
The tenancy start date
The rent amount, due date, and method of payment
Any rules or additional terms (as long as they do not contradict the RTA)
The standard terms from Schedule 1 of the Residential Tenancy Regulation
Note for landlords: You cannot include any term that takes away a tenant’s legal rights, even if the tenant agrees and signs the contract. These clauses are considered void under the law.
Providing a Copy of the Agreement
Once the agreement is signed, landlords are legally required to give tenants a copy within 21 days. This applies even if the agreement is verbal and later documented in writing. Failing to do so can lead to confusion or disputes, and tenants have the right to formally request a copy if one is not provided.
Tip for tenants: Keep your copy somewhere safe. It may be needed as evidence if a disagreement arises later.
Verbal and Implied Tenancies
While written agreements are best practice, BC law does recognize verbal or implied tenancies. For example, if a landlord allows someone to live in a unit and regularly accepts rent without a written contract, a legal tenancy may still be in place.
That said, verbal agreements can create challenges. Without clear documentation of the terms (such as notice periods or whether pets are allowed), it becomes more difficult to resolve disagreements. Both parties are encouraged to put everything in writing.
Why This Matters for Both Landlords and Tenants
A properly written and signed tenancy agreement protects everyone involved:
For landlords: It sets expectations and provides a legal basis for enforcing terms like rent payment or property rules.
For tenants: It ensures your rights are respected and gives you clarity on what’s expected during the tenancy.
Whether you’re entering a new rental relationship or updating an existing one, make sure the agreement complies with the law, and that both parties keep a copy.
This article provides general information and does not constitute legal advice. Residential tenancy laws in British Columbia can change, and individual circumstances vary. Always consult the Residential Tenancy Branch or a qualified legal professional for advice specific to your situation, and refer to the most current legislation and official RTB forms before making any decisions.
