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Difference between revisions of "Tenancy Agreements (19:II)"
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Tenancy Agreements (19:II) (view source)
Revision as of 23:11, 17 September 2019
, 23:11, 17 September 2019no edit summary
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==== 1. Two Methods of Creating a Tenancy Relationship ==== | |||
a) By Formal Contract | '''a) By Formal Contract''' | ||
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b) By Implied Contract | '''b) By Implied Contract''' | ||
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==== 2. Where Something Other than a Tenancy is Created ==== | |||
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==== 3. Formal Requirements of the Agreement ==== | |||
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==== 4. Agreements for Lease (Also Known as Agreements to Lease, or Agreements for Tenancy) ==== | |||
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==== 1. Freedom of Contract and the Agreement ==== | |||
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==== 2. Terms, Covenants, and Conditions ==== | |||
a) Covenants and Conditions | '''a) Covenants and Conditions''' | ||
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b) Express, Implied and Statutory Terms | '''b) Express, Implied and Statutory Terms''' | ||
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c) Express Terms and Obligations | '''c) Express Terms and Obligations''' | ||
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* a term purporting to hold that the RTA does not apply to the agreement or attempts to avoid the RTA (s 5(1) and (2)); | |||
* that the rent remaining for the term of the agreement becomes due and payable if a tenant fails to comply with a term of the tenancy agreement (s 22) (i.e. “accelerated rent terms” are not permitted); or | |||
* that the landlord can seize the tenant’s personal property for rent owing (s 26(3)(a)). | |||
* for a fixed term tenancy, any vacate clauses that require the tenant to move out at the end of the tenancy unless: | |||
* The tenancy agreement is a sublease agreement; OR | |||
* The fixed term tenancy was created in circumstances where the landlord or landlord’s close family plans in good faith to occupy the unit after the tenancy ends, pursuant to RTR s 13.1. | |||
Some included requirements of the RTA state that the tenant: | Some included requirements of the RTA state that the tenant: | ||
* must maintain reasonable health, cleanliness, and sanitary standards throughout the rental unit and other areas of the property to which the tenant has access; | |||
* shall not assign or sublet without the landlord’s written consent, where the agreement is for a period of six months or more; and | |||
* shall not pay more than one-half of one month’s rent for each of the security deposit and/or pet damage deposit. | |||
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d) Reasonable Terms | '''d) Reasonable Terms''' | ||
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e) Pets | '''e) Pets''' | ||
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f) Prescribing Terms | '''f) Prescribing Terms''' | ||
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g) Implied Obligations and Usual Terms | '''g) Implied Obligations and Usual Terms''' | ||
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A landlord must ensure that: | A landlord must ensure that: | ||
* the tenant is given vacant possession on the starting date of the tenancy; | |||
* the tenant has quiet enjoyment; | |||
* the rental units are reasonably fit for occupation; and | |||
* the rental units are maintained in a state of decoration and repair that complies with housing health and safety standards required by law. | |||
(2) Tenant’s Obligations | (2) Tenant’s Obligations | ||
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* he or she pays the rent or other fees on; | |||
* he or she delivers up the rental unit in a reasonably clean condition and in a reasonable state of repair, with exceptions for reasonable wear and tear; and | |||
* he or she gives one full month’s notice in writing when terminating the agreement. | |||
h) Statutory Terms in the RTA: Duties and Prohibitions | '''h) Statutory Terms in the RTA: Duties and Prohibitions''' | ||
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i) Rent Increases for Additional Occupants | '''i) Rent Increases for Additional Occupants''' | ||
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==== 3. Cannabis Legalization ==== | |||
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1 | (1) If a tenancy agreement included a “no smoking” clause and did not explicitly allow for smoking cannabis, then the “no smoking” clause is deemed to apply to smoking cannabis. This also applies to any clauses that restrict or regulates smoking. (RTA s 21.1 (2)) | ||
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2 | (2) All existing tenancy agreements would be implied to have terms prohibiting growing cannabis unless: | ||
