Difference between revisions of "Tenancy Agreements (19:II)"
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For residential tenancies, the following are examples of express terms that are '''void and unenforceable''': | For residential tenancies, the following are 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); or | |||
*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. | |||
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. | |||
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 some value given in return (i.e. lower rates of rent). | 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 some value given in return (i.e. lower rates of rent). | ||