Tenancy Agreements (19:IV) - Revision history

LSLAP at 19:37, 13 October 2025

2025-10-13T19:37:38Z

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	{{REVIEWED LSLAP \| date= ~~12 August~~ 2025}}		{{REVIEWED LSLAP \| date= 25 June 2025}}
	{{LSLAP Manual TOC\|expanded = landlord}}		{{LSLAP Manual TOC\|expanded = landlord}}

LSLAP: /* c) Amendments */

2025-09-29T15:14:14Z

c) Amendments

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	==== c) Amendments ====		==== c) Amendments ====

	Except in circumstances provided for under s 14(3) of the ''RTA'', changes in the tenancy agreement must be agreed upon by both the landlord and tenant (''RTA'', s 14(2)), in writing, and signed and dated by both parties. Generally, changes are only enforceable if both parties offer something in return for the other; however, a change without fresh consideration may be enforceable in the absence of duress, unconscionability, or other public policy concerns ([https://canlii.ca/t/hs3c5#par183 ''Rosas v Toca'', 2018 BCCA 191] at para 183).		Except in circumstances provided for under s 14(3) of the ''RTA'', changes in the tenancy agreement must be agreed upon by both the landlord and tenant (''RTA'', s 14(2)), in writing, and signed and dated by both parties. Generally, changes are only enforceable if both parties offer something in return for the other; however, a change without fresh consideration may be enforceable in the absence of duress, unconscionability, or other public policy concerns (''[https://canlii.ca/t/hs3c5#par183 Rosas v Toca]'', 2018 BCCA 191 at para 183).

	==== d) Pets ====		==== d) Pets ====

LSLAP: /* b) Express, Implied and Statutory Terms */

2025-09-22T10:44:55Z

b) Express, Implied and Statutory Terms

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	Valid express terms override any implied terms or “usual terms” that might otherwise apply at common law. For residential tenancies, the ''RTA'' deems some express terms to be unenforceable. Furthermore, the terms that the ''RTA'' deems to be terms in every agreement override any express or implied term to the contrary.		Valid express terms override any implied terms or “usual terms” that might otherwise apply at common law. For residential tenancies, the ''RTA'' deems some express terms to be unenforceable. Furthermore, the terms that the ''RTA'' deems to be terms in every agreement override any express or implied term to the contrary.

	~~For tenancies not governed by the ''RTA'', a court will find implied obligations and insert the usual terms if the parties have failed to expressly agree to certain matters.~~

	==== c) Unenforceable Terms ====		==== c) Unenforceable Terms ====

LSLAP: /* b) No Contracting Out of Tenancy Legislation */

2025-09-22T10:43:46Z

b) No Contracting Out of Tenancy Legislation

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	==== b) No Contracting Out of Tenancy Legislation ====		==== b) No Contracting Out of Tenancy Legislation ====

	As it is not possible to contract out of the ''RTA'' or ''RTR'' (''RTA'', s 5), a tenancy agreement cannot have terms that contradict the ''RTA'' or ''RTR''~~. A tenancy agreement cannot be subsequently amended to change or remove a standard term (''RTA'', s 14(1))~~.		As it is not possible to contract out of the ''RTA'' or ''RTR'' (''RTA'', s 5), a tenancy agreement cannot have terms that contradict the ''RTA'' or ''RTR''.

	A tenancy agreement might purport to contain terms contrary to tenancy legislation, and this may not be identified in some cases until dispute resolution. A tenant is free to argue that a term violates the ''RTA'' or ''RTR'' and should, therefore, be unenforceable.		A tenancy agreement might purport to contain terms contrary to tenancy legislation, and this may not be identified in some cases until dispute resolution. A tenant is free to argue that a term violates the ''RTA'' or ''RTR'' and should, therefore, be unenforceable.

Nate Russell: review confirmed 2025

2025-08-28T21:48:08Z

review confirmed 2025

← Older revision		Revision as of 21:48, 28 August 2025
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	{{REVIEWED LSLAP \| date= August ~~15, 2024~~}}		{{REVIEWED LSLAP \| date= 12 August 2025}}
	{{LSLAP Manual TOC\|expanded = landlord}}		{{LSLAP Manual TOC\|expanded = landlord}}

LSLAP: /* a) Material Terms */

2025-08-12T16:15:05Z

a) Material Terms

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	From RTB PG 8, a material term is defined as a term of the tenancy agreement that, at the time of entering into the tenancy agreement, both parties agree is so important that the most trivial breach of the term entitles the other party to terminate the agreement.		From RTB PG 8, a material term is defined as a term of the tenancy agreement that, at the time of entering into the tenancy agreement, both parties agree is so important that the most trivial breach of the term entitles the other party to terminate the agreement.

	Not all terms of a tenancy agreement are material terms. The circumstances surrounding the creation of the tenancy agreement and the importance of the term in the tenancy agreement as a whole are more relevant to whether the term is material; meanwhile, the consequences of a breach are less relevant. Although RTB PG 8 states that whether the tenancy agreement declares the term to be material is ~~less relevant~~, Arbitrators ~~are~~ likely to consider a term material if the agreement flags it as such. The same clause can be a material term in one tenancy but not material in another.		Not all terms of a tenancy agreement are material terms. The circumstances surrounding the creation of the tenancy agreement and the importance of the term in the tenancy agreement as a whole are more relevant to whether the term is material; meanwhile, the consequences of a breach are less relevant. Although RTB PG 8 states that whether the tenancy agreement declares the term to be material is not determinative, Arbitrators may be more likely to consider a term material if the agreement flags it as such. The same clause can be a material term in one tenancy but not material in another.

	==== b) Express, Implied and Statutory Terms ====		==== b) Express, Implied and Statutory Terms ====

LSLAP: /* c) Amendments and Subsequent Contracts */

2025-08-12T16:14:11Z

c) Amendments and Subsequent Contracts

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	A tenancy agreement might purport to contain terms contrary to tenancy legislation, and this may not be identified in some cases until dispute resolution. A tenant is free to argue that a term violates the ''RTA'' or ''RTR'' and should, therefore, be unenforceable.		A tenancy agreement might purport to contain terms contrary to tenancy legislation, and this may not be identified in some cases until dispute resolution. A tenant is free to argue that a term violates the ''RTA'' or ''RTR'' and should, therefore, be unenforceable.

	==== c) Amendments ~~and Subsequent Contracts~~ ====		==== c) Amendments ====

	The parties may enter additional or subsequent oral or written contracts on top of the tenancy agreement. If an RTB Arbitrator determines the terms are reasonable and not unconscionable, as defined within section 3 of the ''~~RTR~~'', ~~new landlords or tenants that take over or enter into the same tenancy agreement would be bound by the subsequent contract.~~		Except in circumstances provided for under s 14(3) of the ''RTA'', changes in the tenancy agreement must be agreed upon by both the landlord and tenant (''RTA'', s 14(2)), in writing, and signed and dated by both parties. Generally, changes are only enforceable if both parties offer something in return for the other; however, a change without fresh consideration may be enforceable in the absence of duress, unconscionability, or other public policy concerns ([https://canlii.ca/t/hs3c5#par183 ''Rosas v Toca'', 2018 BCCA 191] at para 183).

	~~Changes~~ in the tenancy agreement must be agreed upon by both the landlord and tenant (''RTA'', s 14(2)), in writing, and signed and dated by both parties. Generally, changes are only enforceable if both parties offer something in return for the other; however, a change without fresh consideration may be enforceable in the absence of duress, unconscionability, or other public policy concerns ([https://canlii.ca/t/hs3c5#par183 ''Rosas v Toca'', 2018 BCCA 191] at para 183).

	==== d) Pets ====		==== d) Pets ====

LSLAP: /* b) No Contracting Out of Tenancy Legislation */

2025-08-12T16:11:54Z

b) No Contracting Out of Tenancy Legislation

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	As it is not possible to contract out of the ''RTA'' or ''RTR'' (''RTA'', s 5), a tenancy agreement cannot have terms that contradict the ''RTA'' or ''RTR''. A tenancy agreement cannot be subsequently amended to change or remove a standard term (''RTA'', s 14(1)).		As it is not possible to contract out of the ''RTA'' or ''RTR'' (''RTA'', s 5), a tenancy agreement cannot have terms that contradict the ''RTA'' or ''RTR''. A tenancy agreement cannot be subsequently amended to change or remove a standard term (''RTA'', s 14(1)).

	A tenancy agreement might purport to contain terms contrary to tenancy legislation, and this may not be identified in some cases until dispute resolution. A tenant is free to argue that a term violates the ''RTA'' or ''RTR'' and should, therefore, be ~~void~~.		A tenancy agreement might purport to contain terms contrary to tenancy legislation, and this may not be identified in some cases until dispute resolution. A tenant is free to argue that a term violates the ''RTA'' or ''RTR'' and should, therefore, be unenforceable.

	==== c) Amendments and Subsequent Contracts ====		==== c) Amendments and Subsequent Contracts ====

LSLAP: /* a) What Tenancy Agreements Must Contain */

2025-08-12T16:11:20Z

a) What Tenancy Agreements Must Contain

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	==== a) What Tenancy Agreements Must Contain ====		==== a) What Tenancy Agreements Must Contain ====

	The standard terms are the clauses that every tenancy agreement must contain (''RTR'', s 13(1)), and are found in the schedule of the ''RTR''. The standard terms cover key rights and responsibilities of both parties, including repairs, payment of rent, rent increases, security deposits, assignment or sublet, occupants and invited guests, entry of the residential premises by the landlord, locks, ending the tenancy, and the application of the ''RTA''. A tenancy agreement cannot be amended to change or remove a standard term (''RTA'', s 14(1)), making them a minimum standard that all tenancy agreements must achieve.		The standard terms are the clauses that every tenancy agreement must contain (''RTR'', s 13(1)), and are found in the schedule of the ''RTR''. A tenancy agreement cannot be amended to change or remove a standard term (''RTA'', s 14(1)), making them a minimum standard that all tenancy agreements must achieve.

	All tenancy agreements must comply with the requirements laid out in section 13(2) of the ''RTA''~~. In addition~~ to ~~mandating that the tenancy agreement~~ include ~~the standard terms, a tenancy agreement must also contain the landlord and tenant’s agreement over certain key terms,~~ such as the ~~parties’ contact information, the duration~~ of the ~~tenancy~~, ~~the amount and due date~~ of the ~~rent~~, and ~~the amount and due date of any security or pet damage deposits to be paid~~.		All tenancy agreements must comply with the requirements laid out in section 13(2) of the ''RTA'', which requires tenancy agreements to include information such as the legal names of the parties, address of the rental unit, and others.

	Form RTB-1 is a standard tenancy agreement form that only contains the standard terms along with fillable boxes to complete the remaining mandatory terms; additional terms can be added as an addendum, or alternatively, the parties could use any other written document that conforms with the requirements from the ''RTA'' and ''RTR''. More information about tenancy agreement requirements and Form RTB-1 can be found [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/tenancy-agreements here].		More information about tenancy agreement requirements and Form RTB-1 can be found [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/tenancy-agreements here].

	==== b) No Contracting Out of Tenancy Legislation ====		==== b) No Contracting Out of Tenancy Legislation ====

LSLAP: /* 2. Freedom of Contract and the Agreement */

2025-08-12T16:09:06Z

2. Freedom of Contract and the Agreement

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	=== 2. Freedom of Contract and the Agreement ===		=== 2. Freedom of Contract and the Agreement ===

	Parties may use a standard form tenancy agreement with or without an addendum for additional terms, or they may write their own. Parties are free to add and alter the terms, covenants, and conditions, subject to common law and statute restrictions, which include standard terms that the ''RTA'' and ''RTR'' require to be in every tenancy agreement.		Parties may use a standard form (RTB-1) tenancy agreement with or without an addendum for additional terms, or they may write their own. Parties are free to add and alter the terms, covenants, and conditions, subject to common law and statute restrictions, which include standard terms that the ''RTA'' and ''RTR'' require to be in every tenancy agreement.

	==== a) What Tenancy Agreements Must Contain ====		==== a) What Tenancy Agreements Must Contain ====