Difference between revisions of "Tenancy Agreements (19:II)"

Valid '''express''' terms or conditions 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 (see Section III.C.d: Reasonable Terms below). The RTA also establishes statutory terms, deemed to be terms in every agreement, that 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)Express Terms and Obligations Parties may write their own tenancy agreement with their own terms, or may use a standard form tenancy agreement to which they can add their own extra terms. Parties may also adopt a lease in conformity with the Land Transfer Form Act, RSBC 1996, c 252, p 2. The RTA requires that all tenancy agreements include standard terms outlining key statutory rights and responsibilities of the tenant and landlord (see RTA s 12, and the Schedule to the Regulation). The standard terms cover repairs, payment of rent, rent increases, security deposits, assignment or sub-let, occupants and invited guests, entry of the residential premises by the landlord, locks, ending the tenancy, and the application of the RTA. To assist landlords and tenants, the Ministry created     a     standard     Residential    Tenancy    Agreement,    available    online (http://bit.ly/1eiaQNL). This Agreement incorporates suggestions put  forward by landlord and tenant stakeholders, and includes the prescribed terms found in the Schedule of the Regulation. For residential tenancies, the following express terms are void and unenforceable: a  term purporting to hold that the RTA does not apply to the agreement (s 5(1)); 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)).            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. Similarly, terms in a short form lease that are inconsistent with the RTA are unenforceable. The parties may however enter into a separate collateral agreement, under  which a  clause requiring the  tenant  to  perform repairs is  binding on  the tenant, so long as there is separate consideration.