In BC, the RTA stipulates laws regarding rental homes. However, it does not apply under certain circumstances, such as when the tenant shares the kitchen or bathroom with a home owner. My question is, what does apply in these situations if not the RTA? I'm assuming a landlord wouldn't be free to not return the damage deposit just because the tenant isn't covered by RTA?
I'm specifically interested in Quiet Enjoyment. Does such a thing apply when living with the owner? Obviously exclusive access wouldn't but what about the owner making excessive disturbances?
Section 28 of the Residential Tenancy Act (RTA) covers “quiet enjoyment” – an important legal principle that gives every tenant the right to:
- reasonable privacy;
- freedom from unreasonable disturbances;
- exclusive use of their rental unit (unless their landlord is allowed to enter by law); and
- use of common areas for reasonable purposes.
Also assume an RTB-1 form has been signed, which in itself stipulates certain conditions, even if the RTA fails to apply.