- April 26, 2024
- Posted by: legaleseblogger
- Category: Related News
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**Living in Fraser Valley Apartment Building**
I rent a one-bedroom apartment in the Fraser valley, in an apartment building owned by a company.
I have lived here for three full years, with zero problems.
**Concerns about Landlord Restrictions**
Is it legal for a landlord to restrict the number of times per year that I am allowed to have any one person spend the night? My tenancy agreement stipulates no one person may stay with me more than 14 nights per year.
Is this legal/enforceable?
Can I be evicted should I exceed the 14 days?
Are there any precedents in BC that relate to this?
**AI Legalese Decoder Assistance**
The AI Legalese Decoder can help in interpreting the legality and enforceability of such restrictions set by the landlord. By analyzing the tenancy agreement and providing insights based on relevant laws and regulations in British Columbia, the AI Legalese Decoder can assist in understanding your rights as a tenant in this situation. Furthermore, it can offer guidance on potential actions you can take if you feel your rights are being infringed upon.
Any and all advice/insight would be appreciated.
Thanks.
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14 days accumulative per year has been specifically deemed unenforceable by RTB.
https://tenants.bc.ca/your-tenancy/guests/#fourteen-day-guest-policy They even have a template letter you can send your landlord.
14 days in a row, might be enforceable depending on the specifics of the situation.
No they can not evict you, I don’t have the link to the RTB order and it was a weird one but your landlord would have to file with the RTB to restrict your guest from being there to much.
If i remember right and again it was a rare order but the tenant was not allowed to have to same person stay more than 3 days in a row, so the person could stay 3 days then miss a day then stay 2 then miss a day then repeat.
I do not know the back story.
If you have problems with your landlord [https://tenants.bc.ca/](https://tenants.bc.ca/) can help but are very busy and take time.
[https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/contact-the-residential-tenancy-branch](https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/contact-the-residential-tenancy-branch) can awsnser very simple questions as long as it is just about your rights and not legal advice, but they are pretty quick last time I checked.
One last thing you are responsible to make sure your guest is not a tenant.
This maybe the wrong link but i hope it helps
https://tenants.bc.ca/wp-content/uploads/2021/04/RTB-14-Day-Guest-Policy-Illegal.pdf
Unless you’re in supportive housing for addiction or something rare like that your landlord is pretty limited in what they can dictate when it comes to guests. The 14 day clause has been found in the past to be unreasonable/unconscionable, which means it can’t be enforced.
In any case, it sounds like you wouldn’t have much of a problem proving to an arbiter that your partner is not a guest. [TRAC](https://tenants.bc.ca/your-tenancy/guests/) has a pretty good summary of the rules and a letter you can send, since many landlords don’t know the rules either. They also have a help line.
If your landlord does try to evict you file an appeal with the RTB right away.
Do you know what brought this about? I would advice reaching out to neighbors and seeing if any of them have had other issues.