Tenancy Rental Agreement Contract

Tenancy agreements must comply with the Residential Tenancy Act (External Link) 

Tenancy Agreement Form

Landlords are required to prepare a written agreement for every tenancy. Even if a landlord doesn’t prepare one, the standard terms of a tenancy rental agreement contract still apply. Also, paying a security deposit establishes a tenancy, even if there is no written tenancy agreement and if the tenant never moves in.

Both landlords and tenants must sign and date the agreement. Landlords must provide their tenants a printed copy within 21 days of entering into the agreement.

If your agreement is not with the landlord, you will not have protection under the Residential Tenancy Act.  This is common when an existing tenant allows a roommate to move in without getting the landlord’s agreement to add that person to the tenancy agreement.

What Must Be Included

All tenancy agreements must include standard terms that protect landlords and tenants and ensure that tenancy agreements are fair and balanced. These terms even apply when there is no written tenancy agreement.

Some tenancy terms are negotiated between the tenant and landlord:

• Who the agreement is between: Include the full names of the landlord(s) and tenant(s). People not named in the agreement might not have any rights
• Length of the tenancy:

Fixed-term – A tenancy set for a specific period of time (e.g. a year, a month or a week). 
The tenancy cannot be ended earlier than the date fixed except when both parties agree in writing.

At the end of a fixed-term tenancy agreement, the landlord and tenant can agree to another fixed term, or the tenancy continues month-to-month. Rent can only be increased between fixed-term tenancy agreements with the same tenant if the notice and timing requirements for Rent Increases are met.

Periodic – A tenancy with no specific end date continues until the landlord or tenant serve notice or both decide to end the tenancy. For example, a month-to-month tenancy.               

• Rent: Clearly specify the rent amount and when it’s due. It should also be clear what’s included in the rent – for example, if utilities, laundry or cable are included or whether there are other refundable or non-refundable fees payable, such as late fees. Essential services such as heat, electricity and hot water must be provided, but the agreement may say that the tenant pays for these.
• Deposits: Indicate what deposits are required and when they are due. Only one security deposit and one pet damage deposit can be requested per unit – each one should be no more than half of one month’s rent. Manufactured home park landlords cannot ask for deposits.
• Pets: Indicate whether there are any pet restrictions

In addition to the above, standard terms defined by law set out the rights and responsibilities of landlords and tenants. They include rental increases, the landlord’s access to a unit, repairs and subletting.

Be sure to include all standard terms in the tenancy agreement by using the Residential Tenancy Agreement (pdf)