Learn what laws apply to you as a renter

All renters have protections under BC laws. But different laws apply depending on your rental setup. The differences can impact your rights and options to resolve problems. Learn about the laws that apply to renters in BC, and which laws you’re covered by.

What you should know

Most rental housing situations in BC are governed by the Residential Tenancy Act. This is BC’s main law setting out rights and responsibilities for tenants and landlords. It covers a broad range of rentals, from apartments to secondary suites to rented strata units. For guidance tailored to renters covered by this law, check out our coverage of looking for a place to rent, common questions tenants ask, evictions, and leaving a rental.

Below, we walk you through the main exceptions and some areas where it gets nuanced, and guide you to laws that apply in those situations.

Roommates are two or more people who live together in the same rental unit. The type of roommate setup you have determines which laws apply to you as a renter.

If you’re named as a tenant on a tenancy agreement with the landlord, you’re covered by BC’s main residential tenancy law. This is the case whether you share the same tenancy agreement with your roommate, or you each have your own separate one.

If you don’t have a tenancy agreement with the landlord, you’re considered to be an occupant. In this case, tenant protections (for example, the laws around notice and rent increases) don’t apply. Instead, the law of contracts comes into play as between you and your roommate. See our in-depth guidance on living with a roommate for more.

Your options for resolving disputes

Importantly, BC’s Residential Tenancy Branch does not handle disputes between roommates. Instead, you would generally need to start legal action against your roommate.

If you’re looking for financial compensation from your roommate, you can sue them for damages. For claims under $5,000, you would go to the Civil Resolution Tribunal. This is an online tribunal that’s less expensive than going to court. Claims between $5,001 and $35,000 are heard in small claims court.

To evict a roommate, you would need to start a lawsuit in BC Supreme Court. (Note that most roommate problems can be resolved prior to taking legal action. See our guidance on dealing with a roommate problem.)

Co-op membership is a unique form of housing that differs from a regular rental. Co-op members aren’t considered landlords or tenants, and BC’s main residential tenancy law doesn’t apply to them. Instead, co-ops are governed by BC’s Cooperative Association Act.

Your rights and responsibilities as a co-op member are set out in your co-op’s own rules. By law, a co-op must create a set of main rules dealing with key issues, such as who can be a member, service fees, and eviction. The co-op’s elected board also creates general policies called house rules. These cover day-to-day issues like pets and parking. For more, see our guidance on living in a co-op.

Your options for resolving disputes

Many disagreements between co-op members can be resolved informally. But where members aren’t able to work things out between themselves, the co-op’s rules may spell out next steps. Two common options are mediation and arbitration.

If a dispute is beyond informal resolution, the co-op’s board may get involved. The board can listen to each member make their case and decide who’s in the wrong. The co-op’s rules should spell out the types of remedies the board can grant. Examples include compelling a member to take certain action, levying fines, or (in rare cases) evicting a member. See our guidance on co-op disputes for more.

Mobile homes (the law calls them “manufactured homes”) offer a unique and affordable option for housing. The laws that apply to you as a mobile home owner depend on your rental situation. There are three possible scenarios.

You own your mobile home and rent the site it sits on

In this situation, BC’s main tenancy law doesn’t apply. Instead, a separate tenancy law does. BC’s Manufactured Home Park Tenancy Act applies to people who own their mobile home and rent the site it sits on. It covers tenancies entered into between landlords of mobile home parks and mobile home owners.

To be protected by this law, you must have a tenancy agreement. You may have such an agreement even if you have nothing in writing, or even if your landlord calls the agreement something different. We explain this in our guidance on figuring out if you’re a tenant.

For details on your rights under BC’s manufactured home park tenancy law, and how to act on them, see our guidance on living in a mobile home park.

You rent your mobile home and the site it sits on

Those who rent both their mobile home and the site it sits on are covered by BC’s main tenancy law, the Residential Tenancy Act. This means they have the same legal rights as other tenants in the province covered by this law. Check out our coverage of renting for an in-depth look at what those rights are.

You own your mobile home and occupy the site it sits on

Occupying is different from renting. It’s less formal, and basically means you’re just using the space. If you own your mobile home and occupy the space it sits on without a tenancy agreement in place, you likely aren’t covered by either of BC’s tenancy laws. That means you don’t have the same legal protections as manufactured home park tenants or other tenants in BC.

Determining if you have a tenancy agreement isn’t always straightforward. There are many factors in play, and you may have one even if your landlord calls it something else. We have in-depth info on figuring out if you’re a mobile home park tenant.

Students and education workers who live in rental housing provided by their school aren’t covered by BC’s Residential Tenancy Act. That means they don’t have the same legal protections as other tenants in BC.

Usually, students in this type of rental arrangement enter into a contract with the school, called a student housing agreement. This agreement will spell out the rights and responsibilities of both parties. Many schools also have student housing handbooks with additional policies and guidelines.

The provincial government has a guide on student housing agreements that explains your rights in-depth.

Supportive housing is accommodation with on-site supports for single adults, older adults and people with disabilities at risk of or experiencing homelessness. These supports help residents find and maintain stable housing. Supportive housing is long-term or permanent, not temporary.

BC’s main residential tenancy law does apply (with some exceptions) to supportive housing. Supportive housing units are exempt from certain parts of this law. That means tenants in these units don’t have the following protections:

a tenant’s right to quiet enjoyment
limitations on a landlord’s right to enter a rental unit
protections to allow tenants to have guests

These exemptions only apply to accommodation that meets the definition of a supportive housing rental unit, based on the following criteria:

The rental unit must be operated by a supportive housing operator, such as BC Housing, a municipality or regional district, or a treaty First Nation.
The tenant must have been assessed for risk of homelessness and whether they would benefit from supports.
At least one tenant living in the rental unit must receive housing stability support. Examples of housing stability support include opportunities to participate in recreational activities or skills training, and referrals to community resources.
The rental unit mustn’t be provided on a temporary basis.

For more on what qualifies as supportive housing, see the province’s guidance. For details about eligibility for supportive housing and how to apply, see BC Housing’s website.

BC’s Residential Tenancy Act doesn’t cover housing provided for emergency shelter or transitional housing. Let’s unpack what these terms mean.

What counts as transitional housing

The law defines “transitional housing” as living accommodation that is offered:

on a temporary basis,
by a person or organization that receives government funding to provide that accommodation, and
together with programs intended to help residents move towards independent living.

Importantly, just because housing is called “transitional” doesn’t mean it fits the legal definition. This is the case even if you sign something saying so. If it doesn’t meet the three criteria above, it isn’t considered transitional housing. Here, BC’s main residential tenancy law would likely apply.

What counts as an emergency shelter

“Emergency shelter” is where a facility provides overnight shelter to someone experiencing homelessness until an emergency is over. In extreme circumstances, emergency shelter may be offered beyond overnight.

Residents in emergency shelters may have an immediate need for support services. For example, help meeting basic needs for nutrition, hygiene, or health services.

For more, see the province’s guidance on the topic.

Housing for older adults is a broad category covering a range of living situations. Whether a particular type of housing for older adults is covered by BC’s Residential Tenancy Act (the province’s main residential tenancy law) depends on the level of care or assistance involved.

Independent housing

BC’s main residential tenancy law does cover accommodation commonly referred to as “independent living.” Independent living is housing for older adults who live independently and can manage most of their daily tasks with little or no help.

Residents typically enter a tenancy agreement with the landlord or facility operator explaining the types of services offered. Common examples include leisure activities, and dining and housekeeping services.

See the province’s guidance on seniors independent living for more.

Assisted living

BC’s main residential tenancy law doesn’t apply to “assisted living” facilities. Assisted living is housing that provides assistance services to adults who can live independently but require regular help with daily living activities. Assisted living residences must be on the Assisted Living Registry. A registrar keeps an eye on how they operate and works with operators to make sure residents are safe and well cared for. If a residence isn’t protecting residents’ health or safety, the registrar can step in and take action.

For more on assisted living, see the provincial government’s website.

Residential care

BC’s main residential tenancy law doesn’t cover “residential care” facilities. Residential care is housing for people who require 24-hour professional care and aren’t able to live independently. Facilities offering this type of care must be licensed, and are subject to regular health and safety inspections.

Visit the provincial government’s website for more on residential care.