Residential Tenancies Branch

Notice of Termination: a written notice by a landlord to end a tenancy. Landlords must use the prescribed form when giving a tenant a notice of termination (the form set out in the Residential Tenancies Regulation).

Order of possession: a written Order, issued by the Branch, that enforces a Notice of Termination. The tenant must move out of a rental unit on or before a set date.

Pet damage deposit: is money a tenant pays to a landlord before bringing a pet into a rental unit. A pet damage deposit collected between June 30, 2010 and July 31, 2014 can’t be more than half of a month’s rent. A pet damage deposit collected on or after August 1, 2014 can be up to one month’s rent. Existing tenants who have already paid a pet damage deposit cannot be asked to pay the increased amount. The landlord holds the money until the tenant moves out. When a tenancy ends, a landlord may claim the pet damage deposit for damage or cleaning costs the landlord suffers because of the tenant’s pet. Landlords cannot charge a pet damage deposit for tenants who rely on a service animal.

Security deposit: is money a tenant pays to a landlord before the start of a tenancy. A security deposit can’t be more than half of the first month’s rent. The landlord holds the money until the tenant moves out. When a tenancy ends, a landlord may claim the security deposit for unpaid rent, damage, extraordinary cleaning costs or other obligation of the tenant. Many people refer to this money as a damage deposit.

Tenant services security deposit: is money a tenant pays to a landlord before entering into a tenancy agreement in a building that provides tenant services. A tenant services security deposit can only be half of one month’s tenant services charge. The landlord holds the money until the tenant moves out. When a tenancy ends, a landlord may claim a tenant services security deposit for unpaid tenant services charges or other money owed that is related to a tenant service.

Tenancy agreement: a contract between a landlord and a tenant that sets out the basic rules for living in a rental unit. It can be written, oral or implied.

A landlord can end a tenancy when a tenant doesn’t meet an obligation under the Act or a tenancy agreement. If a landlord has told a tenant that they must pay a security deposit, a pet damage deposit, or a tenant services security deposit and the tenant doesn’t pay, or pays with an NSF cheque, the landlord may be able to terminate the tenancy.

Security deposit: If a tenant gives a landlord an NSF cheque before the tenant has taken possession of the unit, the landlord may cancel the tenancy agreement.

If a tenant moves into a unit and gives a landlord an NSF cheque for a security deposit, the landlord can give the tenant a notice of termination to be effective no earlier than five days after the notice is given. If the tenant pays the security deposit and any costs to the landlord within those five days, the notice is cancelled.

Pet damage deposit: If a landlord requires a tenant to pay a pet damage deposit and the tenant doesn’t pay the deposit or gives the landlord an NSF cheque for the deposit, the landlord can give the tenant a five-day notice to remove the pet from the rental unit. If the tenant pays the deposit and any costs within the five days, the notice to remove the pet is cancelled.

If the tenant doesn’t remove the pet and doesn’t pay the deposit and costs, the landlord can give the tenant a notice of termination effective five days from when the notice is given.

Tenant services security deposit: If a landlord requires a tenant to pay a tenant services security deposit and the tenant doesn’t pay the deposit or gives the landlord an NSF cheque for the deposit, the landlord can give the tenant a five-day notice to move. If the tenant pays the deposit and any costs within the five days, the notice to move is cancelled.

Landlords who charge tenant services security deposits can require a tenant to pay an increase to this deposit if additional people move into the unit. It can’t be more than half of the new charge. If the tenant fails to pay the increase, the landlord may give them a five day notice to move. If they pay the increase and any cost within the five days, the notice to move is cancelled.