Residential Tenancy
Acumen Law Corporation is prepared to deal with a range of residential tenancy matters.
Whether you are a tenant or a landlord
Our lawyers have a proven track record of achieving positive outcomes for our clients. Whether you are a tenant or a landlord, you deserve to know your rights and understand the tenancy laws. We can help with that.
Our representatives have experience handling difficult cases. Our lawyers will stand by your side at hearings at the Residential Tenancy Branch, and on appeals to the BC Supreme Court.
We have a reputation for tenacious advocacy and professionalism whatever the case. Our friendly and approachable lawyers are focused on achieving the best possible result for our clients.
Some of the disputes we can help you with include the following:
- Damage and Pet Deposits
- Rent Increases
- Repairs and Maintenance
- Evictions
- Judicial Reviews
Damage and Pet Deposits
Damage and pet deposits are important aspects of renting a property, designed to protect both tenants and landlords. However, disputes can often arise over the handling and return of these deposits. Our lawyers will help both tenants and landlords understand and comply with the laws governing damage and pet deposits, ensuring a fair and legally sound outcome.
Beginning with when you first sign the lease, it is important to ensure that the clauses related to damage and pet deposits are in compliance with British Columbia’s laws.
There are requirements in the Residential Tenancy Act about scheduling and attending inspections at the beginning and end of the tenancy, and if the inspections do not take place, one or both parties may forfeit their right to the damage deposit.
A consultation with a lawyer will prevent misunderstandings and disputes down the line.
When it is time for the tenancy to end, a lawyer can advise you on whether the tenant is eligible to receive their damage or pet deposit back, or whether the landlord is entitled to keep it. In either case, the Residential Tenancy Act requires you to follow certain procedures. If these procedures are not followed, you may be on the hook for an amount even greater than the original deposit.
Disputes over damage and pet deposits can escalate quickly, leading to costly legal battles. Lawyers can mediate between tenants and landlords, attempting to reach a mutually agreeable resolution before going to a formal hearing.
If a tribunal hearing becomes necessary, our lawyers will represent you effectively, arguing your case in accordance with the relevant laws and regulations.
Rent Increases
Rent increases are a common issue in today’s housing market. The landlords’ right to raise rents is limited by government regulations and policies, which change periodically. For tenants and landlords alike, our lawyers can help you understand the current state of the law and ensure that you are treated fairly and in accordance with legal requirements.
Landlords are required to provide tenants with proper notice before implementing a rent increase. Our lawyers can assist landlords in drafting and delivering legally compliant rent increase notices, ensuring they meet all statutory requirements.
If tenants believe they are facing an unlawful or unfair rent increase, our lawyers can help you challenge these increases. We can then represent you in negotiations or legal proceedings to seek resolution.
Our lawyers specialise in landlord-tenant issues and stay informed about changes in the laws and government policy.
Repairs and Maintenance
Disputes over repairs and maintenance are common in the world of rental properties. Our lawyers can help both tenants and landlords seeking guidance on how to address repair-related issues while complying with the law. As a tenant, you may want to seek guidance on your rights when your home requires maintenance or repairs, ensuring that landlords fulfill their obligations. As a landlord, you can consult with our lawyers to understand your legal responsibilities and liabilities when it comes to addressing repair requests.
- Are tenants required to notify landlords of problems with the rental unit?
- Do landlords have to complete repairs within a certain period of time?
- Can tenants withhold rent until repairs are completed?
- Can landlords require tenants to move out during the repairs?
- Can tenants be reimbursed for damage to their personal possessions?
Our lawyers can help answer all these questions and more, and guide you through the process of resolving disputes related to repairs to a rental unit.
Evictions
Evictions are complex legal proceedings that can be emotionally and financially challenging for both tenants and landlords. Understanding and complying with the laws governing evictions is crucial to ensure that the process is fair to everyone involved.
If you are a landlord and you have reason to evict your tenants, you have to serve them with a formal eviction notice. Our lawyers can help you draft and serve this notice, ensuring it meets all legal requirements. Then if the tenant disputes the notice, we will assist you in the hearing so that the Residential Tenancy Branch upholds the notice. And we can help you take it over the finish line by enforcing the Order of Possession.
If you are a tenant and you receive an eviction notice, you have a very limited amount of time to respond – as little as 5 days. Our lawyers can help advise you on your rights and on what your next steps should be. We can help you fight an illegal eviction, and ensure that you get to keep your home.
Eviction disputes can be emotionally charged and costly. Lawyers can mediate between tenants and landlords to seek mutually agreeable resolutions before going to a formal hearing. In cases where a formal hearing becomes unavoidable, we can represent you and effectively advocate on your behalf.
Judicial Reviews
Judicial reviews are a legal process that allows tenants and landlords to challenge decisions of the Residential Tenancy Branch in BC Supreme court. Essentially, you would be asking a judge to “double-check the work” of the RTB arbitrator. These reviews can be complex and require a deep understanding of administrative law.
While RTB hearings are designed to be accessible to lay people, a lawyer would be invaluable in helping you navigate the court system during a judicial review.
Our lawyers can review your tenancy case and decision, and provide an initial assessment. If you want to appeal the RTB decision and there are valid grounds for a judicial review, we will proceed with drafting and filing the necessary documents.
On the other hand, if you are happy with the RTB decision but the other side is appealing, we can help you defend your position and protect your rights and interests.
Our lawyers are well-versed in the intricacies of administrative law and can argue our clients’ cases persuasively. We will effectively represent you in court before a judge.
In cases where a negotiated settlement may be more advantageous than pursuing a full judicial review in court, we will engage in negotiation and settlement discussions on your behalf of their clients, seeking favorable outcomes that protect your interests.
- Problems between the strata and you? Visit our Civil Resolution Tribunal page.