Understanding the difference between a leaseholder and an occupant is crucial for anyone renting a home or sharing a rental in British Columbia. Whether you're moving in with roommates, subletting, or considering adding someone to your household, knowing your legal status helps protect your rights under BC’s rental laws.

Who Is a Leaseholder?

A leaseholder—also known as the tenant—is the person who has signed the official tenancy agreement with the landlord. In British Columbia, this person is legally responsible for following the Residential Tenancy Act and the terms of the lease (also called the tenancy agreement). Leaseholders have direct rights (like security of tenure and notice requirements) and obligations (such as paying rent and keeping the property in good condition).

• Can make official complaints to the Residential Tenancy Branch (BC RTB)
• Can apply for dispute resolution if problems occur (e.g., eviction notices, repairs)
• Responsible for rent, damages, and other terms in the rental agreement

The leaseholder is the recognized tenant in the eyes of both the landlord and the Residential Tenancy Branch. For more information on post-lease procedures, see What Tenants Need to Know After Signing the Rental Agreement.

Who Is an Occupant?

An occupant is someone living in the rental unit but not named as a tenant or leaseholder on the official agreement. This includes friends, family, or subtenants brought in with or without the landlord’s formal consent. Occupants might not have direct legal rights under the Residential Tenancy Act, depending on their agreement with the leaseholder and landlord.

• Usually cannot apply directly to the Residential Tenancy Branch for tenancy disputes
• May need to leave if the leaseholder moves out or is evicted
• Sometimes protected if named in a subtenancy agreement or made a tenant by landlord consent

If you're considering moving in as an occupant or letting someone else move in with you, it's important to clarify everyone’s legal status.

Why the Difference Matters in Shared Housing

The rights and responsibilities of leaseholders and occupants differ significantly. This can affect:

• Who can stay in the unit if the main tenant leaves
• Who is responsible for damages or unpaid rent
• Who must be given official notice during evictions or rent increases
• Who must handle disputes about repairs, deposits, or maintenance

In some cases, problems between roommates arise because only one person is a leaseholder, while others are occupants. See Common Issues Tenants Face and How to Resolve Them for advice on navigating disputes in shared rentals.

Adding or Removing Roommates: Forms, Consent, and Best Practices

In BC, the landlord must approve any additions to the lease. If a new roommate is to become a leaseholder, you should:

• Discuss with the landlord, who may require a new agreement or addendum
• Use written agreements to clarify roles and responsibilities
• Keep everyone’s name on important documents for added protection

Key Forms for Tenants and Occupants

• RTB-1: Residential Tenancy Agreement – Used to formalize the tenancy between landlord and all tenants (leaseholders). It ensures all rights and responsibilities are clear. Access the official template on the Residential Tenancy Branch website.
• RTB-29: Notice to End Tenancy (Tenant’s Use) – Leaseholders can use this form to give proper notice when leaving. If the main tenant leaves, occupants may have to move out too.
• RTB-12: Application for Dispute Resolution – Leaseholders (not occupants) can apply to resolve disputes over rent, repairs, or evictions through the Residential Tenancy Branch.

Practical Example: If you’re an occupant and the leaseholder receives an eviction notice, you will usually need to move out as well. Only the leaseholder can file a dispute (using RTB-12) about the eviction at the Residential Tenancy Branch.

Legal Rights and Responsibilities in BC Shared Rentals

Leaseholders in British Columbia are bound by the Residential Tenancy Act and handle all formal interactions with the landlord or the Residential Tenancy Branch.

• Only leaseholders can apply for dispute resolution, eviction review, or compensation
• Occupants generally have no direct protection unless named as a tenant
• Responsibility for property care, paying rent, and resolving legal issues rests on leaseholders

To understand all collective rights for tenants and landlords in BC, visit Tenant Rights in British Columbia.

If you’re new to renting or moving in, check out Essential Tips for Tenants When Moving Into a New Rental Home.

FAQs

1. What’s the main difference between a leaseholder and an occupant in BC?
   An occupant lives in the rental but isn’t named on the official lease, while a leaseholder is the legal tenant responsible for the agreement. Leaseholders have more rights and responsibilities under BC law.
2. Can an occupant become a leaseholder?
   Yes, but only with the landlord’s consent and often by signing a new or updated tenancy agreement.
3. Do occupants have to move if the leaseholder ends the tenancy?
   Usually, yes. Occupants' right to stay depends entirely on the leaseholder’s status and agreement with the landlord.
4. Can occupants apply for dispute resolution with the Residential Tenancy Branch?
   No. Only leaseholders or named tenants can use the BC RTB’s formal dispute process.
5. Are occupants responsible for the security deposit?
   Only the leaseholder is directly responsible for the deposit with the landlord, but occupants might still share costs between themselves depending on internal arrangements.

Key Takeaways

• In BC, only leaseholders are legal tenants with direct rights—occupants usually have no formal status.
• Clear written agreements, landlord approval, and knowing your status can help prevent shared housing disputes.
• Use official forms for tenancy changes and always communicate major changes to the landlord and the Residential Tenancy Branch.

Need Help? Resources for Tenants

• Residential Tenancy Branch (BC RTB): For dispute resolution, official forms, and guidance.
• TRAC (Tenant Resource & Advisory Centre): https://tenants.bc.ca/ – Free tenant information and advocacy in BC.
• BC government portal for forms and tenant resources: Official Forms & Documents
• Explore rental homes in your area – Find shared or individual apartments, houses, and more.

---

1. Residential Tenancy Act (British Columbia) – See the official legislation here.
2. Residential Tenancy Branch (RTB): https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies
3. Official RTB Forms: https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/forms-documents

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy