1. The Problem: The “Emergency” Misconception
Tenants often assume any breakage is an “emergency” requiring immediate service. Landlords often assume tenants are responsible for “everything inside the unit.” In BC, both assumptions create disputes.
The financial risks
- Unauthorized spending: if a tenant hires a trade for a non-emergency, they may still demand reimbursement.
- Negligence claims: ignoring a small leak can become water damage, mold, and compensation claims.
- Evidence problems: “texts only” and no timestamps can make it look like you did nothing.
The landlord’s best defense is not “arguing later” — it’s responding quickly, documenting the timeline, and using the RTA’s definitions correctly.
2. Mechanism: Landlord vs. Tenant Responsibilities
2.1 Landlord responsibilities (RTA s.32)
Landlords must maintain the rental property in a state that meets health, safety, and housing standards and keep it suitable for occupation. If the landlord provided an appliance or service, the landlord maintains it.
- Structural: roof, walls, foundation, envelope issues causing water ingress
- Systems: plumbing, electrical, heating, ventilation
- Provided items: fridge, stove, dishwasher, laundry (if supplied)
- Wear and tear: age-related replacement (e.g., old blinds, worn carpet) based on “useful life”
2.2 Tenant responsibilities (Policy Guideline 1)
Tenants must maintain reasonable health, cleanliness, and sanitary standards and are responsible for damage caused by themselves, guests, or pets.
- Cleanliness: prevent pests/mold by reasonable housekeeping and ventilation
- Damage: holes in walls, broken windows from misuse, pet damage, clogs caused by prohibited items
- Consumables: typical light bulbs and fuses (unless unsafe/specialized access)
- Mitigation: take immediate steps to reduce damage (e.g., shut off water if safe)
Use Policy Guideline 1 as your “decision map.” If you can cite the guideline and show your timestamps, you usually win the argument.
3. Protocol: Emergency Repairs (RTA Section 33)
3.1 What IS an “Emergency Repair”?
Under RTA s.33, emergency repairs are urgent repairs that are necessary for health/safety or to preserve the property, and they fall into defined categories (examples below). If it does not meet the definition, it is not a s.33 emergency.
| Category (s.33 examples) | What it looks like | Operational response |
|---|---|---|
| Major leaks in pipes or roof | Active water leak causing damage | Stop water / dispatch trade immediately |
| Blocked/damaged plumbing fixtures | Only toilet blocked / sewage backup risk | Same-day action |
| Primary heating failure (in cold weather) | No heat during winter conditions | Same-day triage + temporary heat if needed |
| Damaged/defective locks | Front door lock broken; security risk | Immediate locksmith / temporary security |
| Electrical systems | Sparking, burning smell, total outage | Emergency electrician / fire safety steps |
Not an “emergency” under s.33 (common examples): broken fridge/stove, broken laundry, “no hot water,” dripping tap, cosmetic issues. These can be urgent, but not s.33 emergencies.
3.2 The “Two Attempt” rule (tenant-authorized repair)
A tenant may only arrange emergency repairs and seek reimbursement if (1) it truly meets s.33, (2) they made at least two attempts to contact the landlord’s emergency number, and (3) they allowed reasonable time for response.
If you provide a real 24/7 emergency number and respond, you keep control: the tenant should not be hiring trades on your behalf.
4. Handling Routine Repairs (The “Writing” Rule)
4.1 Require non-emergencies in writing
A written request (email/portal) creates a timestamped paper trail showing you acted within a reasonable time. Text is fine for speed, but confirm by email for the official record.
4.2 Practical timelines (internal standard)
- Emergency: start within hours
- Urgent: 24–48 hours (e.g., fridge failure, serious leak contained, no hot water)
- Routine: 1–2 weeks (e.g., dripping tap, loose cabinet door)
The biggest “maintenance loss” is not the repair cost — it’s delay. A $15 washer replacement can become a $7,500 cabinet/mold claim if ignored.
5. Financials: The “Useful Life” Rule (Policy Guideline 40)
When a tenant damages something, you generally cannot charge “new for old.” You calculate the tenant’s share based on the item’s age and remaining useful life (as guidance). This is the core of fair claims.
Guideline 40 is the tool arbitrators use to avoid over-compensation. Learn it, and your damage claims become clean and defensible.
Common useful-life examples (check the official list)
- Paint: often ~4 years
- Carpet: often ~10 years
- Stove / fridge: often ~15 years
Example (paint): If paint has a 4-year useful life and it’s 3 years old, the remaining life is ~25%. A tenant who ruins the paint may be responsible for roughly 25% of the repainting cost (not 100%), depending on facts and betterment.
6. Failure Point: Common Landlord Mistakes
6.1 The “Weekend Plumber Trap”
Tenant calls a plumber on Saturday for a dripping tap and sends you a $400 emergency bill. A dripping tap is typically not a s.33 emergency. Your defense is documentation and a reasonable alternative response time/cost.
6.2 The “Ignored Text”
Tenant texts “sink leaking,” landlord ignores for two weeks, cabinet rots. This often becomes a negligence story. The fix is fast acknowledgement: “Received. I will attend on Tuesday.”
6.3 The “Consumable” Argument
Standard bulbs are generally tenant responsibility. Specialized filters, sealed fixtures, or unsafe access (vaulted ceilings) can shift responsibility back to the landlord unless your agreement is very clear.
If you want control, you must respond. Silence is what creates tenant-authorized action and reimbursement demands.
7. Defensive Checklists & Templates
7.1 Emergency contact (what you must provide)
EMERGENCY CONTACT (24/7) Primary Emergency Contact: __________________________ Phone (24/7): _______________________________________ Backup Contact (optional): ____________________________ Backup Phone: ________________________________________ Emergency repairs (RTA s.33) include major leaks, blocked/damaged plumbing fixtures, primary heat failure (cold weather), defective locks, and electrical system failures. If an issue is NOT an emergency, please submit in writing (email/portal) so we can schedule service.
7.2 “Received” acknowledgment (email/text)
Subject: Maintenance Request Received – [Address / Unit] Hi [Tenant Name], Thanks — I’ve received your maintenance request about: [Issue]. Next step: [Inspection / Contractor visit] on [Date/Time window]. If this becomes an emergency (major leak, unsafe electrical, lock failure), please call the emergency number immediately. Regards, [Landlord/Agent Name]
7.3 Emergency triage checklist (internal)
EMERGENCY TRIAGE (Internal) □ Does it match RTA s.33 categories? (leak / plumbing / heat / lock / electrical) □ Safety steps given to tenant (shut-off valve, breaker, leave unit, etc.) □ Photo/video requested (if safe) □ Trade dispatched + ETA □ Entry notice not required if immediate emergency access is needed □ Record timeline: report time, response time, attendance time □ Follow-up: damage assessment, drying, remediation, insurance if needed
7.4 “Useful life” claim worksheet (internal)
USEFUL LIFE WORKSHEET (Policy Guideline 40) Item: ________________________________ Replacement/repair quote: $___________ CAD Installation date (estimated): _________ Item age: ______ years Useful life (Guideline 40): ______ years Remaining life: ______ % Tenant share estimate (before betterment adjustments): $___________ x ______% = $___________ CAD Evidence attached: □ Photos □ Move-in / move-out condition report □ Invoices / quotes □ Communication logs
8. FAQ (Top 20) — Repairs in BC
Q1: Is a broken fridge an “emergency repair” under s.33?
Usually no. It’s urgent, but it typically does not meet the narrow s.33 emergency categories.
Q2: Who changes light bulbs?
Usually the tenant, unless the fixture is specialized or access is unsafe (e.g., vaulted ceiling requiring special ladder).
Q3: Can I inspect repairs the tenant says they completed?
Yes. Verify quality and safety. Poor workmanship can create liability (water/electrical risks).
Q4: What if a tenant refuses entry for necessary repairs?
Use the proper notice of entry process and document it. Tenants cannot unreasonably refuse entry for legitimate repairs.
Q5: Do I have to paint between every tenancy?
No. Paint is replaced based on condition and “useful life,” not automatically at every move-out.
Q6: Who pays for bed bug treatment?
Often the landlord arranges treatment. Assigning tenant liability requires strong evidence of cause, which can be difficult.
Q7: Can I require the tenant to mow the lawn?
Only if they have exclusive use and the tenancy agreement clearly assigns the duty.
Q8: If an elevator breaks in a multi-unit building, what happens?
Landlord/strata must fix promptly. Prolonged loss can lead to rent reduction claims depending on facts.
Q9: Can I increase rent because I bought new appliances?
Not automatically. Replacing provided appliances is usually maintenance, not a rent increase trigger.
Q10: Who clears snow?
Multi-unit/common areas: landlord. Single-family homes: often tenant if clearly stated in the agreement (and reasonable).
Q11: Is a clogged toilet landlord or tenant responsibility?
Depends on cause. Misuse (wipes/toys): tenant. Root intrusion/old pipes: landlord.
Q12: Do I have to replace blinds?
If age/sun rot: landlord (wear and tear). If tenant tore them: tenant (damage).
Q13: What if I’m away on vacation?
You must provide an emergency contact number in writing. “Unavailable” is not a defense in emergencies.
Q14: Can I use the security deposit to pay for repairs mid-tenancy?
No. Deposits are handled at the end of the tenancy through the deposit process.
Q15: Who fixes internet?
If included in rent and under landlord account: landlord. If the tenant’s own account: tenant.
Q16: Can a tenant withhold rent because repairs aren’t done?
Generally no. Tenants usually must pay rent and use dispute resolution for compensation/orders.
Q17: What if parts are backordered?
Document ordering steps and timelines. Acting promptly and keeping records is your protection.
Q18: Is mold always landlord responsibility?
No. Lifestyle/ventilation issues can be tenant-related. Structural leaks/envelope failure are landlord-related.
Q19: Do I have to provide a fire extinguisher?
Rules vary by building type and local requirements. Multi-unit buildings often have common-area fire safety requirements; confirm local code/strata rules.
Q20: Can I charge for my own labour fixing things?
Generally you claim actual, reasonable costs supported by evidence. Charging “your own hourly rate” is often disputed; materials and documented third-party invoices are cleanest.
References & Official Sources
- BC Laws — Residential Tenancy Act (s.32, s.33)
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/02078_01 - RTB Policy Guideline 1 — Landlord & Tenant Responsibility for Residential Premises (PDF)
https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf - RTB Policy Guideline 40 — Useful Life of Building Elements (PDF)
https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl40.pdf - BC Government — Repairs and maintenance (overview + links to PG40)
https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/during-a-tenancy/repairs-maintenance - TRAC — Repairs and Maintenance (plain-language guidance)
https://tenants.bc.ca/your-tenancy/repairs-and-maintenance/ - Clicklaw — Repairs and services when renting (plain-language + RTA references)
https://wiki.clicklaw.bc.ca/index.php/Repairs_and_Services_When_Renting
Compliance note: Use the RTA definitions first (especially s.33). Then use Policy Guidelines (GL1/GL40) to explain and quantify responsibility. Your best protection is a documented timeline: report → response → action.