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Difference between revisions of "Tenancy Agreements (19:II)"
From Clicklaw Wikibooks
→2. Terms, Covenants, and Conditions
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The following are also examples of express terms that are void and unenforceable: | The following are also examples of express terms that are void and unenforceable: | ||
* 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); | |||
* that the landlord can seize the tenant’s personal property for rent owing (s 26(3)(a)); | |||
* terms that impose unreasonable restrictions on guests or impose a fee for having guests stay overnight; or | |||
* 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. | |||
:'''NOTE:''' The RTR defines “unconscionable” for the purposes of s 6(3)(b) of the ''RTA'' as follows: a term of a tenancy agreement is “unconscionable if the term is oppressive or grossly unfair to one party”. | :'''NOTE:''' The RTR defines “unconscionable” for the purposes of s 6(3)(b) of the ''RTA'' as follows: a term of a tenancy agreement is “unconscionable if the term is oppressive or grossly unfair to one party”. | ||
