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发表于 2009-1-23 15:02:26
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http://www.cmhc-schl.gc.ca/en/co/reho/yogureho/fash/fash_002.cfm
HCMC 网站上关于BC省租房的 介绍
相当于法律解读吧,对照精灵的情况来看看.
似乎有的对精灵有利,有的似乎不太有利.
其实从法律角度大概双方都有不合法的地方,就看谁会钻空子了.
Governing or Regulatory Body管理主体
Residential Tenancy Branch, Office of Housing and Construction Standards, Ministry of Forests and Range
Name of Act / Regulations主要法律法规
Residential Tenancy Act
Residential Tenancy Regulation
Manufactured Home Park Tenancy Act
Manufactured Home Park Tenancy Regulation
Types of Housing/Living Arrangements Covered by the Provincial Legislation
Residential premises including manufactured home parks and accommodations with exclusive possession by the tenants.
Exclusions:范围(略)
Types of Rental Periods租期
In British Columbia most tenancy agreements have a predetermined expiry date. The tenancy agreement can be for a fixed term or a period that relates to a calendar week, month, or year. Most tenancies are month to month.
Is a signed lease required?是否必须签约
Yes. British Columbia laws require a written tenancy agreement. Many fixed-term tenancy agreements are referred to as leases. A landlord is obligated to give the tenant a copy of the tenancy agreement within 21 days of signing.
(前面写道你们是正式有租约的,把租约拿出来研究研究,看里面关于解除合同是怎么规定的)
Is a signed move in/move out condition report required?
(你们签约的时候检查房屋和家具和状态了么?)
Yes, for residential premises, but not for manufactured home sites. As of January 1, 2004 it is mandatory for landlords and tenants to conduct ingoing and outgoing inspections and complete ingoing and outgoing Condition Inspection Reports. If the reports are not completed, the landlord or tenant runs the risk of jeopardizing their security deposit.
Deposits定金
The maximum security deposit for residential premises allowed is ½ month's rent. If tenants pay more than ½ month's rent, they can deduct this overpayment from any rent owing. However, if the landlord allows pets they can also ask for an additional ½ month’s rent. This is called a “pet damage deposit”. This means that in this case the total combined deposits can be up to one month’s rent. Landlords can also require deposits for additional keys, garage door openers, etc. in addition to the security and pet damage deposits.
A landlord can request the security deposit only at the time the tenancy agreement is entered into, but can request a pet damage deposit at any time during the tenancy if a pet is introduced. The interest rate on these deposits is based on 4.5 percentage points below prime on January 1st. Landlords have 15 days after the tenant moves out, or provides a forwarding address, to either return the deposit or get the tenant's written consent for deductions to the deposit (such as using the deposit to pay a portion of the last month's unpaid rent). If no consent is received, landlord must apply to a dispute resolution officer to keep some or all of the security deposit within the 15 day time frame. A pet damage deposit can only be used for damage caused by a pet and not for any other cost the landlord incurs.
Security deposits and pet damage deposits are not permitted for manufactured home site rentals.
Key Money钥匙金
The landlord must not charge a fee for a key that is the tenant's only means of access. The landlord may charge a fee for additional or replacement keys.
Post-dated Cheques不懂,是写好日期的支票?
Landlords may request post-dated cheques.
Renewal of Tenancy Agreement Term续约
A lease must specify an ending date with vacant possession (the date by which the tenant must vacate the premises). If no date is specified, the lease automatically converts to a month-to-month tenancy and all terms in the agreement remain the same.
Terminating a Tenancy: Notice and Timing中止
Prior to a fixed term tenancy agreement expiring, it is the responsibility of landlord and tenant to either re-negotiate terms or terminate the tenancy agreement. Tenants who give written notice to end a fixed term tenancy agreement prior to the expiry date may be held accountable for all costs the landlord incurs in re-renting including lost rent. Landlords may end a tenancy only for specified reasons as set out in the legislation and cannot end a tenancy simply because a fixed term has expired unless the language of the lease specifies the tenant will vacate at the end of the term. When a fixed term tenancy reverts to a month to month tenancy, the landlord cannot force a tenant to sign another lease or agree to another fixed term. When a lease is renewed, landlords and tenants may agree to the same or different terms.
Early termination can be ordered by a dispute resolution officer where there are serious situations involving safety, cause or conduct. All other tenancies are ended: by the landlord on a Notice to End Tenancy form; on written notice by the tenant; or by written agreement between the parties.
我觉得这个对精灵很不利,不知道ACT里面具体对应的法条到底是怎么表述的,从目前情况看,即使你单方搬出了,其实你们的租约并不算解除.
探讨一种可能:精灵是不是现在应该去主管机构起诉房东,提出由于紧急情况危及安全(漏雨等)要求中止合同?得到支持以后,合同可以正常解除,这样陪一个月房租的问题就解决了,否则从你说的看,圣诞节前说要搬家,29号就搬了,确实不符合提前一个月书面通知的条件.讲白了就是你们早就可以去告状,结果被恶人先告状.
损坏物品的问题,倒是不用担心,一个是你们当初租约里面有没有一些物品状态的约定,还有当时有没有一些照片或者是人证证明东西是坏的.房东的照片只能说明东西是坏的,除非他真敢做伪证,否则他没有证据证明是你们弄坏的,而且你离开房子的时候又没有跟她确认那些东西是坏的.你LG当时交还钥匙的时候有无人证?从29号到现在,屋子处于房东控制之下,谁知道是谁弄坏的.屋子外面的东西她更没证据了.
A tenant must give one calendar month's notice in writing to the landlord the day before the rent is due. If the landlord wishes to end a tenancy, one of the province's approved Notice to End a Tenancy form must be used.
Landlords must allow tenants these notice periods depending on the reason for notice given:关于房东中止通知的时间
10 days for non-payment of rent,
1 month for cause or conduct,
2 months for landlord's use of property in a residential tenancy.
2 months if the tenant ceases to qualify for a subsidized rental unit in residential tenancy
12 months for the landlord's use of property in a manufactured home site
Assignments and Sublets
Unless a landlord consents in writing, a tenant must not assign or sublet a tenancy agreement. If a fixed term tenancy is longer than 6 months, or for a manufactured home site tenancy, a tenant may sublet or assign a lease. All information about the new tenant for the sublet or assignment must be in writing, and in the case of a manufactured home site tenancy, the request must be in the prescribed “ Request For Consent To Assign a Manufactured Home Site Tenancy Agreement” form. The landlord must have a valid reason to withhold consent. The landlord has the right to approve the assignment or sublet, but cannot arbitrarily withhold consent.
Rent Increases: Notice and Timing加租金
British Columbia now has rent control. Landlords must use the approved form “Notice of Rent Increase” and give the tenant 3 month’s notice to increase rent. Tenants can not dispute the rent increase unless the increase is more than the allowable amount. In 2008 rent increases are capped at 3.8 %.
For manufactured home park tenancies, landlords can also recover costs due to increased utility fees and property taxes as long as increases are distributed proportionately among tenants. In this situation, landlords must provide tenants with copies of the receipts and tax notices that justify the rent increase.
Late Rent Payments迟付租金
Rent is considered late if not paid on or before the first day of the rental period. Landlords may request reasonable charges for late payment, based on what the lease or tenancy agreement states.
Evictions驱逐
There are several reasons why a landlord may evict a tenant and the rules that apply to them differ. They are:
Material breach of a rental agreement is the reason used if the tenant is in breach of the agreement and has been given one written warning and a reasonable time to comply, or correct the breach. Breach of agreement requires one month's notice.
Non payment of rent requires 10 days notice. The tenant may cancel the eviction notice by paying rent within five days. Similarly, a tenant may apply for dispute resolution within that same five-day period. Otherwise, the tenant must vacate in 10 days.
Cause or conduct requires one month’s notice; a tenant has 10 days to apply for dispute resolution.
Landlord's use of property requires 2 month's notice with a 15-day dispute period. Landlords are required to pay the equivalent of 1 month’s rent to the tenant on or before the effective date of the end of tenancy. For manufactured home sites, 12 month's notice is required with a 15 day dispute period.
Tenant ceases to qualify for subsidized rental unit (residential tenancy) requires 2 month's notice with 15-day dispute period.
If disputed, the Landlord must prove through evidence that there is a valid reason to end the tenancy.
If a tenant does not dispute the Notice to End Tenancy, then it is deemed that the tenant has accepted the end of tenancy. If tenant does not move, the landlord may apply for a dispute resolution officer's order of possession, which is enforced through the Supreme Court, by a bailiff.
A dispute resolution officer’s decision or order is final and binding. It may be reviewed by the Residential Tenancy Office if the initial decision was obtained by fraud, if evidence arises that was not available at the time of the hearing or if a party was not able to attend because of an unforeseen circumstance, such as a bridge collapse. In addition, either party may petition the BC Supreme Court for a Judicial Review on the basis of an error in law, or an error in procedural fairness.
Fine Points
Permitting Landlord Entry to the Premises (Times and Reasons)房东进入许可
Landlords must give a minimum 24-hour up to a maximum of 30 days written notice stating the time and purpose of entry, unless either the tenant consents or there is an emergency. Non-emergency entry is allowed between 8 a.m. and 9 p.m. If notice is not served in person, it must be taped on the door or served in the mailbox and 3 days must pass before the landlord enters the premises. The Landlord may enter if a dispute resolution officer issues an order to enter. The tenant may refuse entry if either no reason is given or it is unreasonable according to the dispute resolution officer.
May the tenant withhold rent for repairs?房客拒绝
Withholding rent for repairs is not allowed unless the dispute resolution officer gives an order to do so. Tenants can deduct the cost of emergency repairs from rent owing. The tenant can also recover the amount through dispute resolution if they tried on 2 occasions to notify the landlord within a reasonable period about the emergency and were unsuccessful. Also, the landlord may take over the completion of emergency repairs at any time.
Changing Locks换锁
If a tenant can prove the landlord entered the premises illegally, it is possible to apply to a dispute resolution officer for an order for a lock change (residential tenancies). With this order, the landlord will not have a right to a key until the tenancy ends, and may enter the premises only in accordance with the dispute resolution officer's order.
Pets and Smoking吸烟 宠物
May a landlord refuse to rent to a tenant who has pets or smokes?
Yes, a landlord may refuse to rent to a tenant who has pets or smokes. If smoking and pets are allowed in the tenancy agreement, or the agreement does not address these issues, then they are permitted in the rental unit.
If a no pets and no smoking clause is written into a lease and the landlord discovers that the tenant has a pet and/or smokes in the rental unit, is this grounds for the landlord to evict the tenant?
Terms stating "no smoking and no pets" in the tenancy agreement signed by the tenant are legally binding as long as they specify the type of pets that are restricted, for example “no pets such as dogs or cats”.
If a landlord discovers that the tenant is in violation of the rental agreement either by acquiring a pet, or by smoking, a written warning (called a breach letter) must be issued. The letter must state that the tenant must comply with the rental agreement, or the tenant will face eviction if they either do not get rid of the pet within a reasonable period of time, or if they do not stop smoking in the rental unit.
The termination process cannot begin until the landlord has issued the breach letter.
Contact Information
For general information about renting in British Columbia contact:
下面这些资源,建议精灵好好研究,GOOD LUCK!
Residential Tenancy Head Office
1st floor, 1019 Wharf Street
Victoria, BC
V8V 1X4
Lower Mainland: 604-660-1020
Victoria: 387-1602
Elsewhere in BC: 1-800-665-8779
http://www.rto.gov.bc.ca
See Web site for branch office locations.
Related Links
Residential Tenancy Act
http://www.qp.gov.bc.ca/statreg/stat/R/02078_01.htm
Residential Tenancy Office (RTO)
The RTO administers the Residential Tenancy Act (Act) throughout the province. This main page gives a basic overview of the RTO, with links to other valuable sections.
http://www.rto.gov.bc.ca
Publications and Reports
Links to various brief RTO publications.
http://www.rto.gov.bc.ca/content/publications/default.aspx
Forms and Applications
A collection of online forms (PDF files) for both residential rental units and Manufactured Home Park tenancies.
http://www.rto.gov.bc.ca/content/formsFees/default.aspx
Security Deposit Interest Rates and Calculator
A downloadable program (PC compatible) designed to help landlords and tenants calculate security deposit interest.
http://www.rto.gov.bc.ca/content/calculator/
Fact Sheets
Short summaries of important landlord topics such as entering into a tenancy, dispute resolution, dispute resolution officer's decisions and orders and the end of a tenancy.
http://www.rto.gov.bc.ca/content/publications/factSheets.aspx
Sample Residential Tenancy Agreement
http://www.rto.gov.bc.ca/documents/RTB-1.pdf
Sample Manufactured Home Site Tenancy Agreement
http://www.rto.gov.bc.ca/documents/RTB-5.pdf
A Guide for Landlords and Tenants in British Columbia
This online guide is very detailed and useful.
http://www.rto.gov.bc.ca/documents/GL01.pdf
The Residential Tenancy Policy Guidelines
These guidelines clarify the responsibilities of landlords and tenants under the Residential Tenancy Act and cover issues such as: the maintenance, cleaning and repair of residential premises; the obligations of landlords and tenants with respect to services and facilities; the right to quiet enjoyment of the premises; and damage claims. It offers very useful clarifications.
http://www.rto.gov.bc.ca/content/publications/policy.aspx
BC Housing.org
The Web site of BC Housing, a crown agency that delivers the provincial government's social housing programs (commonly known as affordable housing programs).
http://www.bchousing.org/
BC Non-Profit Housing Association
This non-profit's mission is to provide "... leadership and support to members in creating and supporting a high standard of affordable housing throughout British Columbia." The Web site provides information on the organization and its services.
http://www.bcnpha.ca/
Tenant Resource and Advisory Centre
A coalition of groups working on behalf of BC's tenants. They promote the handbook, "Tenant Survival Guide".
http://www.tenants.bc.ca/
Tenant Survival Guide
The Web site of the Tenants Rights Action Coalition, this site provides information about the organization and fact sheets. It also includes an online version of Tenant Survival Guide, a popular print publication.
http://www.tenants.bc.ca/factsheets/TSG-web.htm
Co-operative Housing Federation of BC (CHF BC)
The Web site of CHF BC, a co-operative association whose members are housing co-ops and related organizations in British Columbia.
http://www.chf.bc.ca
BC Public Interest Advocacy Centre
A non-profit, public interest law office that provides "... representation to groups that would not otherwise have the resources to effectively assert their interests."
http://www.bcpiac.com/
Information for Seniors
A section of the Residential Tenancy Office dedicated to seniors, with information on things like shelter, homeowner grants and subsidized housing.
http://www.cserv.gov.bc.ca/seniors/guide/index.htm
B.C. Apartment Owners and Managers Association (BCAOMA)
Promotes the interests and rights of apartment owners.
http://www.bcapartmentowners.com
Rental Owners and Managers Society of BC (ROMS BC)
Provides services, products and representation to over 750 rental owners, who manage nearly 20,000 residential rental units throughout British Columbia.
http://www.suites-bc.com
Downtown Eastside Resident's Association (D.E.R.A.)
Works to provide a number of services to residents in the area including housing, community and recreational facilities, parkspace, and community-based neighbourhood planning.
http://www.dera.bc.ca
Shelter Aid for Elderly Renters (SAFER)
Provides direct cash assistance to British Columbians aged 60 or older who pay rent for their homes. On average, seniors involved in the SAFER program receive $169 a month.
Tel.: 1-800-257-7756
Email: ApplicantandSAFERenquiries@bchousing.org
[ 本帖最后由 chenlili96 于 2009-1-23 16:18 编辑 ] |
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楼主
发表于 2009-1-23 12:45:19
我们夫妻虽然属于低收入，但国内有房产，银行存款也超出了他们的服务范围，只能靠自己和论坛里的各位老大帮忙了。
发表于 2009-1-24 04:30:52
同事让我马上去找女老板，解释清楚，她说：人的名誉最重要了！