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Pivot Legal Society released 5,000 of its new Tenant Rights Card in July 2008, providing Downtown Eastside tenants with a wallet-sized list of legal rights to assist in interactions with landlords.
Despite the empowering tone of the cards, the rights listed come with a strongly worded warning. “Tenants may have rights on paper,” said David Eby of the Pivot Legal Society, “but we’ve been told many times that these rights are rarely meaningful for tenants. Sometimes even a lawyer can’t help.”
The card points out that the Vancouver Police Department policy to refuse to intervene in situations of illegal evictions may result in tenants who insist on their rights being kicked out and left without a remedy. It also says that the City of Vancouver’s policy is to condemn a building, rather than use its bylaw powers to force a landlord to do repairs.
“If you’re illegally evicted because you insist on your rights, you can’t call 911,” said Eby. “You’ve got to fill out multiple forms, wait for weeks, take time off work, and have a phone or bus fare so you can take your claim to the Residential Tenancy Branch.“
Pivot’s Tenant Rights Card is based on its extremely successful Police Rights Card. More than 75,000 copies of the Police Rights Card have been distributed by Pivot and its partner agencies across Canada.
The final text on the Tenant Rights cards was the result of feedback from the Downtown Eastside Residents Association (DERA), the Tenant Resource and Advisory Centre (TRAC), First United Church, the Vancouver Associated Network of Drug Users (VANDU) and Downtown Eastside residents themselves in focus groups. The Rights Card project was sponsored by the Vancouver Foundation and the Central City Foundation.
See
a pdf of the Tenant Rights Card (actual size)
Prices
While this card is especially for residents of Vancouver's Downtown Eastside, we can adapt the card for your organizaton, with your
organization's logo and local contact numbers in the "MORE INFORMATION" section: Only $150 per 1,000 cards.
Please provide a high-resolution
(300 dpi) logo. Bulk orders of 2,000 or more
can result in greater savings, so please ask us for a quotation.
Shipping and handling: $15 per 1,000, with savings for larger orders.
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The following text is on the tenant rights card:
WARNING
You have the following rights by law. Most landlords will not illegally evict someone who makes a complaint, but some will.
• If you are going to challenge your landlord, make sure that you are prepared to face an illegal eviction.
• The police have a policy of refusing to prevent illegal
evictions.
• The Residential Tenancy Branch may not be able to hear your application about an illegal eviction for weeks.
• The City of Vancouver’s current policy is to condemn a building rather than require a landlord to fix and maintain it.
Discrimination
You have a right not to be evicted, harassed or refused service by a landlord based on what you look like (race), whether you have an addiction, or if you’re on welfare or disability.
Privacy
You have the right to privacy and freedom from distur-bance by a landlord in your unit. A landlord is only allowed to enter your unit if:
(1) There is an emergency, like a fire or flood OR (2) You give the landlord permission OR (3) You are given at least 24 hours written notice, with the date and time between 8 a.m. and 9 p.m. of when they want to enter, and given a fair reason for entering.
Security deposits
You have a right to have your security/damage deposit
returned when you move.
• To keep a security deposit, your landlord must do an inspection at the beginning and end of your tenancy, share the results of the inspection with you, and request your signature on the inspection forms.
• You must give an address where the cheque can be sent to you when you move out. You can give the address of a friend, agency or relative, or your new address.
• You can make a claim for the repayment of a security or pet deposit anytime within two years of the end of your tenancy.
Maintenance
You have a right to live in a home that meets minimum health, safety and housing standards. YOU HAVE A RIGHT TO:
• A home with a working toilet and (hot and cold) running water,
• A home with working showers and heating,
• A home free of mould, bedbugs, cockroaches, and mice.
You can make an anonymous complaint about building conditions to the City of Vancouver property use inspectors at: 604.873.7560.
Guests
You have a right not to be charged guest fees. Make sure you get a receipt for guest fees that are paid with YOUR name on the receipt so you can file for arbitration to get the money back.
Evictions
You have a right to proper notice before you are evicted.
You have a right to fight that eviction notice.
• To fight your eviction you must submit an application for dispute resolution within five days of receiving the notice for not paying rent; 10 days if you are being evicted for cause; or 15 days if you are being evicted so your landlord can use the property or if you no longer qualify for subsidized housing.
• The landlord must use the official two-page eviction form from the Residential Tenancy Branch.
• If you are being evicted, you should visit one of the advocates listed on this card to get advice as soon as possible!
More information
Below is a list of services that provide free legal advice on tenancy
issues in the Downtown Eastside:
Downtown Eastside Residents Association (DERA) 604.682.0931
TRAC Tenant Resource & Advisory Centre 604.255.0546
Pivot Legal Society 604.255.9700
UBC Law Students 604.822.5791
First United Church 604.681.8365
Downtown Eastside Women’s Centre (Women only) 604.681.8480
Atira (Women only) 604.331.1407 ext. 105
The Residential Tenancy Branch
The Residential Tenancy Branch has all of the forms you need online at www.rto.bc.ca
The Residential Tenancy Branch main office is located at 5021 Kingsway in Burnaby. The closest Skytrain station is Metrotown.
There is a Residential Tenancy Branch officer who can answer questions, give you forms, and accept filings every Tuesday and Thursday from 1:00 p.m. to 4:00 p.m. at Pathways, in the Four Corners Bank building at the corner of Main and Hastings.
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