BC Government Declares COVID-19 Survival Tools for Residential Landlords and Tenants
As a consequence of the closure of numerous businesses, rising
unemployment and the general impact of the COVID-19 pandemic on the economy, it
is anticipated that a number of residential tenants will not be able to pay
rent or will request some rent relief from owners. In order to address this, on
March 25, 2020, the Government of BC, Canada planned the following restrictions
and relief measures for residential tenants and landlords in the region.
There is now an interim on removals with respect to residential
tenancies. Any current notices to end a tenancy for the non-payment of rent,
and any current orders of possession in favors of landlords from the
Residential Tenancy Branch, are stayed. There are limitations to extreme cases
where there are safety concerns. Distinctly, a small number of court-ordered
evictions remain subject to variations of those orders by the courts.
Removals for cause are still possible, but a landlord may only
evict a tenant for a cause in extreme cases where there are safety concerns.
Annual rent escalate are banned for the remainder of this current
state of emergency.
A new rental subsidy of up to $500 per rental unit has been
introduced. This subsidy will be paid over the next three months and will be
paid directly to landlords through BC Housing. These funds will not be
available for April 1, 2020, and eligibility and the application process have
not been described in detail as of the date of this post.
Landlords will be able to restrict access to common areas in a
shared building, like laundry rooms or games rooms, to help prevent gatherings
that can spread the COVID-19 virus.
Landlords will be prevented from accessing rental units without the
consent of the tenant, except in exceptional cases where it is needed to
protect health and safety or to prevent undue damage to the unit.
It is expected that the Residential Tenancy Branch will continue
to be the forum to resolve disputes between landlords and tenants.
As of March 25, 2020, the Government of Alberta is considering
putting measures in place with respect to residential tenancies, but no
measures have been announced as of the time of this post.
Alongside the new government relief measures, it is also important
for residential landlords to keep the following in mind:
The Government of British Columbia has made it clear that tenants
must still pay rent.
Landlords should encourage tenants experiencing financial
difficulties to apply for other relief programs now being offered by the
provincial and federal governments.
In British Columbia, the common law remedy of distraint is not
available to recover arrears arising out of a residential tenancy.
If a residential tenant is not able to pay their full amount of
rent, a landlord should keep track of the accruing arrears.
Landlords should be proactive in speaking with tenants who are
experiencing financial difficulty to work towards forms of rent relief, that
could include a lump sum or scheduled payments over time and as rent arrears
continue to accrue. At this time, it is not clear how rent arrears will be
treated or adjudicated by the Residential Tenancy Branch, once the state of
emergency in British Columbia is lifted.
If you are looking for any kind of assistance regarding the rent
feel free to contact real estate lawyer bcrealestatelaw.

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